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STATE EX REL. DEPARTMENT OF TRANSPORTATION v. K & L LEASING, INC.

No. 108,784. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

283 P.3d 333 (2012)

2012 OK CIV APP 71

STATE of Oklahoma, ex rel., DEPARTMENT of TRANSPORTATION, Plaintiff/Appellee, v. K & L LEASING, INC., First Federal Bank of Arkansas and the Delaware County Treasurer, Defendants/Appellants.

Court of Civil Appeals of Oklahoma, Division No. 1.

June 28, 2012.

Attorney(s) appearing for the Case

K. Ellis Ritchie , David Franklin Duvall , Pryor, Oklahoma, for Appellants.

C. Bart Fite , Muskogee, Oklahoma, for Appellee.

LARRY JOPLIN, Vice-Chief Judge.

¶ 1 Appellant, K & L Leasing Inc. (K & L), seeks review of the trial court's judgment, totaling $1,936.82, awarding costs to the Oklahoma Department of Transportation (ODOT) in the underlying condemnation action. K & L argues 69 O.S.2001 § 1203(e)(1) does not provide for costs against a party that withdraws its demand for a jury trial, in acceptance of the commissioners' award in a condemnation action.

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