Walden v. Hughes, 70832
| Decision Date | 09 October 1990 |
| Docket Number | No. 70832,70832 |
| Citation | 1990 OK 105,799 P.2d 619 |
| Parties | Steve WALDEN and Tammy Walden, Appellants, v. Danny HUGHES, Melissa Hughes, Larry Page, Sherrill Page, Raymond Seay, Katherine Seay, Kenneth Seay, and the Board of County Commissioners of Muskogee County, Oklahoma, Appellees. |
| Court | Oklahoma Supreme Court |
Wilcoxen and Wilcoxen by Andrew C. Wilcoxen, Muskogee, for appellants.
Jones & Miller by Gerald R. Miller, Muskogee, for appellees Larry Page and Sherrill Page.
This action was brought to quiet title to an easement and to enjoin the defendants from interfering with the plaintiff's use and enjoyment of the easement. The trial court found in favor of the defendants. The Court of Appeals vacated the trial court's judgment, granted the requested easement, and awarded the plaintiffs costs and attorney fees against the defendants Danny and Melissa Hughes and Larry and Sherrill Page. It was not until after the Court of Appeals filed its opinion that the Pages responded in any way to the Petition or any other papers filed in this case. The Pages then petitioned the Court of Appeals to rehear the case. When rehearing was denied, the Pages filed a Petition for Certiorari covering only the award of attorney fees.
Oklahoma follows the general rule that attorney fees are generally not recoverable unless so provided by statute or enforceable contract. See Todoroff v. Burton, 719 P.2d 456, 457 (Okla.1986). The present action is one to quiet title and for injunctive relief. There is no contract; likewise there is no statute which provides for the award of attorney fees in a case such as this.
This court, creating an exception to the general rule, has held that a court has the equitable power to award attorney fees in cases where "an opponent has acted in bad faith, vexatiously, wantonly or for oppressive reason." In re Estate of Katschor 637 P.2d 855, 856 (Okla.1982). The defendants in the present case were not acting in bad faith, vexatiously, or oppressively. The Court of Appeals had no authority to award attorney fees under its equitable power.
A related doctrine is the "equitable fund doctrine," also known as the "trust fund doctrine." State ex rel. Burk v. City of Oklahoma City, 598 P.2d 659, 660 (Okla.1979). "This doctrine declares that when an individual, through his efforts succeeds in creating or preserving a fund, then such individual is entitled to invoke the equitable powers of the Court and have his fees paid from the fund." Id. The "equitable fund...
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