1999 OK 13 - Carroll v. Axelson, Inc.

¶1 ORDER

¶2 ¶ 1 Certiorari is denied. Appellant’s motion to tax costs is granted in part. One-half of the filing fee paid by Appellant, or the sum of $100.00 is assessed against the Appellee 12 O.S.1991 978.

¶3 ¶ 2 As provided in Rule 1.36(c) of the Rules of the Oklahoma Supreme Court, the Appellant shall be allowed one-half of the costs, if reasonable, of copying and binding the record for filing in this Court. Upon remand the trial court shall determine the reasonableness of the costs.

¶4 ¶ 3 The opinion of the Court of Civil Appeals in this matter is hereby withdrawn from publication.

¶5 VOTE ON DENIAL OF CERTIORARI:

¶4 SUMMERS, C.J., HODGES, LAVENDER, SIMMS, OPALA, ALMA WILSON, KAUGER and WATT, JJ., concur. ¶ 5 HARGRAVE, V.C.J., dissent.

¶6 VOTE ON WITHDRAWAL OF OPINION FROM PUBLICATION:

¶7 ¶ 6 ALL JUSTICES CONCUR.