12 Okla. Stat. § 936

Section 936 does not authorize attorney fees for judicial review under Oklahoma's Administrative Procedures Act when the action is not one to recover for labor or services.

Smith v. STATE EX REL. DHS · filed 1990-04-09

Contrary to appellee's suggestion, 12 O.S. 1981 § 936 does not authorize an award of attorney fees under Oklahoma's Administrative Procedures Act, nor is this action one to recover for labor or services.

Section 936 does not authorize attorney fees for an action seeking rescission and damages under a contract for deed.

Clyma v. Turner · filed 1992-05-05

We find that 12 O.S.1991 § 936 is not applicable to the facts in the case at bar and the District Court did not err by denying attorney fees.

Section 936 does not allow attorney fees for a shareholder appraisal claim when the corporation’s proxy statement merely describes existing rights and creates no contract.

Woolf v. Universal Fidelity Life Insurance Co. · filed 1992-10-13

We do not agree. Section 936 does not apply. ... Shareholders’ right to dissent and seek appraisal was not granted by the proxy statement issued by Universal. No contract resulted. The proxy statement merely described existing rights.

Section 936 does not award attorney fees to lawyers disputing the division of a fee fund in an ancillary proceeding after settlement.

Martin v. Buckman · filed 1994-06-07

The argument is that each cited statute must be construed as referring to parties to the original action as distinguished from parties to an ancillary proceeding such as this. ... The court agrees.

Section 936 permits fees for a prevailing party in an action to recover for labor or services, but does not authorize fees for a shareholder who prevails only on an equitable claim to impose personal liability for a corporate debt.

Puckett v. Cornelson · filed 1995-05-09

Title 12 O.S.1991 § 936 allows an award of attorney fees to the prevailing party in an action to recover for labor or services. An action to recover for labor or services rendered constitutes a claim at law, while an action against a corporate officer or shareholder to recover on a corporate debt stands purely in equity. ... Finding no evidence of such conduct by Puckett, we therefore conclude the trial court erred in granting attorney fees to Cor-nelson as prevailing party on Puckett’s equitable claim.

Section 936 authorizes attorney's fees for specified actions on accounts, instruments, and contracts for goods or services; a declaratory judgment action outside those categories does not qualify.

Wilson v. Glancy · filed 1996-03-12

Section 936 provides for attorney's fees in actions on an open account, note, bill, negotiable instrument, or contract for the purchase or sale of goods, services, etc., but not for this declaratory judgment action. This declaratory judgment action does not include a request for relief within the category of actions listed in § 936.

Section 936 is strictly applied to actions to collect money owed under the listed contracts; a dispute over ownership rights only collaterally related to goods sales does not qualify.

Octagon Resources, Inc. v. Bonnett Resources Corp. (In Re Meridian Reserve, Inc.) · filed 1996-06-18

The action was simply not about any debt Mr. Rimmer owed Octagon, which under Kay, appears to be the only way attorney fees are recoverable under § 936.

Section 936 does not authorize attorney fees for an action seeking only to discharge student loans under federal bankruptcy law.

Burns v. Great Lakes Higher Education Corp. · filed 2001-01-10

Therefore, section 936 does not apply here. Mr. and Mrs. Burns commenced their action solely to determine whether their student loans should be discharged, a substantive issue to be decided independently of the terms of the loan contracts.

Section 936 does not authorize attorney fees in a bankruptcy case when federal bankruptcy law provides the governing fee authority.

In re Henry · filed 2003-05-13

It is the Court’s opinion that § 936 is inapplicable herein because the embedded phrase “unless otherwise provided by law” brings into play 11 U.S.C. § 330 from which this Court derives its authority to award attorney fees in bankruptcy cases.

Section 936 authorizes reasonable prevailing-party attorney fees, including fees on appeal.

Harding & Shelton, Inc. v. Prospective Investment & Trading Co. · filed 2005-09-20

If we interpreted section 147.1 in this manner, as PITCO argues, then the statute would countermand the entitlement to “reasonable” attorney fees found in two statutes under which Operators seek recovery, 42 O.S.2001 § 176, and 12 O.S. Supp.2004 § 936. ... In a separate, specifically identified portion of their brief-in-chief in their counter-appeal, Operators ask this Court to award them a prevailing-party appellate attorney fee. ... We conclude that Operators are entitled to such a fee based on the authorizing statutes set forth above.

Section 936 allows the prevailing party in an action to recover on a note to receive reasonable attorney fees on appeal.

DCR Fund I, LLC v. TS Family Ltd. Partnership · filed 2008-01-24

Finally, we address DCR’s request for appellate attorneys’ fees under both the express provisions of the Note and Okla. Stat. tit. 12, § 936. ... The district court granted DCR’s request with respect to fees incurred below, and we see no reason to deny its request on appeal.

Fee awards under § 936 must be reasonable in light of the amount sought and recovered.

Mooring Capital Fund, LLC v. Knight · filed 2010-07-22

The court properly considered these latter factors to be significant, as Oklahoma requires that an attorney fee be “reasonable in light of the amount sued for and recovered.” Sw. Bell Tel. Co. v. Parker Pest Control, Inc., 737 P.2d 1186, 1188 (Okla. 1987); see also id. at 1190.

Section 936(A) allows fees to a party prevailing on a claim for labor and services; apportionment is unnecessary when work on another claim would necessarily have been incurred for the fee-bearing claim.

Arnold Oil Properties, L.L.C. v. Schlumberger Technology Corp. · filed 2013-01-23(A)

While apportionment is the rule, it bears an exception. If a court finds all of the time devoted to the alleged non-fee-bearing claim (here, Arnold Oil’s breach of contract claim) “would have been necessarily incurred” in connection with a claim that is fee-bearing (here, Schlumberger’s breach of contract counterclaim), then apportionment is not required. ... As such, apportionment was not necessary.

Section 936 did not authorize the attorney-fee award in this dispute under the Tenth Circuit’s controlling interpretation of Oklahoma law.

Proline Materials, Inc. v. Proline Products, LLC · filed 2015-04-03

The district court granted the fee award under Okla. Stat. tit. 12, § 936 (West 2014). ... Bound by Specialty Beverages, we therefore cannot affirm the fee award.

Section 936 makes a fee award mandatory for an eligible prevailing party and leaves the reasonable amount to the district court’s discretion.

Team Systems International, LLC v. Haozous · filed 2017-08-23(A)

Under Oklahoma law, an award of fees under § 936 is mandatory, but “[t]he determination of reasonableness and the amount of the fee award are generally left to the sound discretion of the district court.”

Section 936 allows parties to contract away the prevailing party’s right to attorney fees; their contract may also extend that right to arbitration.

Sooner Builders & Investments, Inc. v. Nolan Hatcher Construction Services, L.L.C. · filed 2007-06-19

But, the statute allows the parties to contract away the right to prevailing party attorney fees with the clause "unless otherwise provided by law or the contract which is the subject of the action." ... The parties in this case did not contract away the right to prevailing party attorney fees, instead they extended it to arbitration proceedings.

Section 936 does not appear to cover a suit to enforce existing judgments, even when those judgments may have been for labor or services rendered.

Summa Engineering Inc v. Hurd · filed 2019-07-16

Moreover, while the underlying judgments Plaintiff is seeking to enforce may have been “for labor or services rendered,” the present lawsuit is seeking to enforce existing judgments and does not appear to fit within the scope of section 936.

Section 936(A) does not authorize attorney fees for a conversion claim, even when the claim arises from a contract for the sale of goods.

CMI Roadbuilding Inc v. Specsys Inc · filed 2024-09-20(A)

The Oklahoma Supreme Court has held, however, that section 936 does not apply to claims for conversion. ... Accordingly, Plaintiff has not shown an entitlement to attorney’s fees under section 936(A) on its conversion claim.

Section 936 authorizes attorney fee awards in actions on open accounts and specified contracts; it does not govern a fee award for slandering title under 16 O.S. § 79.

Ely v. Bowman · filed 1996-07-09

In his motion for new trial, Bowman mistakenly relied on 12 O.S.1991 § 936, which authorizes attorney fee awards in actions on open accounts and contracts for the sale of goods, wares, or merchandise, or labor, to oppose the attorney fee award.

Section 936 authorizes prevailing-party attorney fees for breach-of-warranty claims; fees for related products-liability work need not be apportioned when that work was necessarily incurred defending the covered claims.

Travelers Indemnity Co. v. Hans Lingl Anlagenbau Und Verfahrenstechnik GMBH & Co. KG · filed 2006-07-26

In particular, it argues that Oklahoma law does not allow the award of fees in successfully defending products liability claims, although it acknowledges that prevailing-party attorney fees were authorized on the claims for breach of warranty and negligent or willful injury to property. See Okla. Stat. tit. 12, §§ 936, 939 & 940. ... But where non-authorized claims contain comm on components of a claim for which attorney fees are authorized, it may be proper to award fees without apportionment. ... Accordingly, it is apparent that the time defendants’ attorneys devoted to the products-liability claims was necessarily incurred in defending the other claims, for which attorney fees are authorized. ... Therefore, we hold that the district court did not err in refusing to apportion the attorney fee award, and we affirm the award.

Section 936 allows the prevailing party attorney fees on a counterclaim for breach of a noncompetition provision in a contract relating to the purchase or sale of goods.

Crown Paint Co. v. Bankston · filed 1981-09-22

The prevailing party in the counterclaim action is entitled to attorney fees, as the suit involved is a suit on a “contract relating to the purchase or sale of goods, wares, or merchandise.”

Section 936 allows the prevailing party attorney fees on natural-gas sale contracts, including take-or-pay claims for gas that was not produced.

RJB Gas Pipeline Co. v. Colorado Interstate Gas Co. · filed 1991-06-17

The action falls within the purview of § 936 as one to recover on contracts relating to the purchase or sale of goods, and as prevailing party on the take-or-pay claim, RJB is entitled to attorney fees.

Section 936 does not authorize attorney fees for a financial commitment that contemplates a future sale of goods when no contract for that sale arose.

475342 Alberta Ltd. v. Dataphon Cellular · filed 1996-11-06

With respect to Dataphon, we affirm the district court’s denial of attorneys’ fees. We have recently explained that the Oklahoma courts strictly construe the fee-shifting provisions of Okla. Stat. tit. 12, § 936 (1991). Octagon Resources, Inc. v. Bonnett Resources Corp. (In re Meridian Reserve, Inc.), 87 F.3d 406, 411-12 (10th Cir. 1996). Here, the district court determined that the agreement was a financial commitment, not a contract for the purchase or sale of goods. While the agreement created the possibility of a future contract for the sale of goods, such a contract never actually arose. Dataphon itself has never contended otherwise. We find no error in the district court’s application of the statute.

Section 936 allows the prevailing party a reasonable attorney fee in an action to recover on a contract for the sale of goods, including a gas purchase contract.

Roye Realty & Developing, Inc. v. Watson · filed 1998-01-26

The award of attorney fees is proper not only under 12A O.S.Supp.1990, § 2-107(1) and 12 O.S.1991, § 936, but also under 52 O.S.Supp.1989, § 5kO(E) (renumbered as § 570.10 of Title 52 by Laws 1992, c. 190 § 28), which reads: ... Therefore, the trial court s award of costs and attorney fees was proper, and the trial court’s order is affirmed.

Section 936 allows the prevailing party a reasonable attorney fee in a civil action to recover on a contract relating to the purchase or sale of goods.

Bob Moore Cadillac, Inc. v. Proctor · filed 1999-01-11

Moreover, 12 O.S. 1991 § 936 provides for the prevailing party to be allowed a reasonable attorney fee to be set by the court and to be taxed and collected as costs, “in any civil action to recover on ... a contract relating to the purchase or sale of goods....” We hold Moore was entitled to an award of attorney fees and costs.

Section 936 permits a reasonable attorney’s fee in an action to recover the unpaid price of goods.

Electrical Power Systems, Inc. v. Argo International Corp. · filed 1994-09-22

He also recommended that the plaintiff be awarded monthly interest of $1,601.16, reasonable storage costs since November 27, 1993, the costs of the lawsuit and a reasonable attorney’s fee as provided for in 12 O.S. § 936. ... Having conducted a de novo review of this matter, the Court agrees with and ADOPTS Magistrate Judge Wolfe’s Report and Recommendation to the extent that it ... recommends judgment be granted in favor of the plaintiff and that the plaintiff be awarded the unpaid contract price of $106,744.00, reasonable storage costs since November 3, 1993, the costs of the lawsuit and a reasonable attorney’s fee.

Section 936 permits a prevailing defendant in an open-account action to recover reasonable attorney fees, including fees for appeal and certiorari services.

Baptist Medical Center of Oklahoma, Inc. v. Aguirre · filed 1996-12-24

Aguirre may be allowed a counsel-fee award if his plea for that award falls into one or more categories enumerated in 12 O.S.1991 § 936. ... On due notice and upon adversarial hearing, the trial court may, on remand, allow the victorious defendant a reasonable counsel fee for services rendered not only in the trial court, but also for those incident to appeal and certiorari, together with all costs taxable in the nisi prius action.

Section 936 requires an attorney fee award to the prevailing party in an action to recover on a contract relating to the purchase or sale of goods.

American Superior Feeds, Inc. v. Mason Warehouse, Inc. · filed 1997-06-24

An award of attorney fees to a prevailing party under § 936 is mandatory.

Section 936 permits a reasonable attorney fee award based on billing records, prevailing rates, and the difficulty of the litigation.

Bb & B Construction, Inc. v. Hogan · filed 2001-08-17

Here, the district court properly analyzed § 936, examined the billing records, heard testimony concerning prevailing rates and the difficulty of the litigation, and ultimately determined a reasonable fee. For substantially the same reasons stated in the district court’s order of December 9, 1999, we AFFIRM the attorney fee award.

Section 936 permits reasonable attorney fees for appellate work when it authorizes fees in the trial court.

Bohm, Inc. v. Michael · filed 2002-04-09

Plaintiff has filed a motion for appeal-related attorney fees pursuant to 12 O.S.1991 § 936. "Whenever thére is statutory authority to award attorney fees in the trial [court], additional fees may be allowed . for legal services rendered in the appellate court." Sisney v. Smalley, 1984 OK 70, ¶ 20, 690 P.2d 1048, 1051. Plaintiff's motion is granted, subject to a determination of reasonableness by the trial court in a hearing on remand.

Section 936 requires a reasonable attorney fee for the prevailing party in an action on a contract for the purchase or sale of goods.

Oklahoma Natural Gas Co. v. Apache Corp. · filed 2004-12-09

The dispute at issue concerns a written contract for the purchase or sale of goods, and the undersigned concludes — and the parties agree— that such a contract falls within 12 O.S. § 936.

Section 936 does not allow attorney fees for a claim seeking lost profits from breach of an agreement when the plaintiff does not seek payment owed for the purchase or sale of goods.

Specialty Beverages, L.L.C v. Pabst Brewing Co. · filed 2008-08-19

In the instant case, the gravamen of Specialty’s complaint was to recover lost profits for Pabst’s breach of their agreement. Specialty did not seek to recover amounts owed to it by Pabst for the purchase or sale of beer. Accordingly, the district court correctly denied Specialty’s motion for attorney fees after concluding that § 936 does not provide for such fees in the instant case.

Section 936 permits an attorney fee award to the prevailing party in an action to recover on a contract to purchase goods.

Beavers v. Byers · filed 2010-07-09

The Beavers clearly sought to recover on a contract relating to a purchase of goods, and the evidence supports the trial court's award of attorney fees based on § 936.

Section 936(A) allows the prevailing party attorney fees in an action involving a contract related to the purchase or sale of goods, including an agreement to release a lien on the goods.

BRYAN'S CAR CORNER, INC. v. MANGUM · filed 2016-12-15(A)

Mangum's contractual agreement to release his lien on the truck related to that contract. Bryan's is the prevailing party in its action against Mangum and, therefore, entitled to an attorney fee pursuant to section 936(A).

Section 936(A) allows the prevailing party reasonable attorney’s fees when the underlying action seeks payment for goods under a sales contract, even if a separate breach of contract claim fails.

Meuers Law Firm, P.L. v. Reasor's, LLC · filed 2020-08-10(A)

Thus, this case, and specifically the counts on which Meuers prevailed, constitutes a civil action on a contract relating to the purchase or sale of goods. Meuers is therefore entitled to an award of reasonable attorney’s fees pursuant to Okla. Stat. tit. 12, § 936.

Section 936(A) allows the prevailing party reasonable attorney fees when an action on an addendum is an action on an agreement for the sale of goods.

Accelerated v. LMI II · filed 2024-03-28(A)

This litigation was a “civil action to recover” on the Agreement, as (albeit ineffectively) amended by the Second Addendum, and the Agreement was undoubtedly “a[] . . . contract relating to the purchase or sale of goods,” as required by § 936(A).

Section 936(A) allows a reasonable attorney fee to the prevailing party in an action to recover on a contract relating to the purchase or sale of goods.

Nfinitech Solutions LLC v. RHA Health LLC · filed 2024-04-03(A)

Nfinitech therefore is liable to RHA for “a reasonable attorney fee.”

Section 936 attorney’s fees are substantive for Oklahoma choice-of-law purposes in this contract dispute, so the parties’ choice of Kansas law governs entitlement to fees.

Boyd Rosene & Assoc. v. Kansas Municipal Gas · filed 1999-04-13

This court concludes that § 936 attorney’s fees are a substantive issue in the litigation arising from the contract between Rosene and KMGA. Accordingly, Oklahoma choice-of-law principles would compel the application of Kansas law to this issue.