Wabaunsee v. Armstrong

1 Petitioners, William R. Wabaunsee and Vivian Hahn Wabaunsee (Wabaunsees), brought suit in District Court of Tulsa County against Southwestern Insurance Company (Southwestern) seeking to recover under an insurance contract for losses incurred resulting from a theft of personalty from their residence. On trial, jury verdict and judgment was entered against the Wabaunsees and for Southwestern. The Wabaunsees lodged an appeal to this by timely filing a petition-in-error. Thereafter, and with the appeal pending, Southwestern sought by motion in the trial court to recover cost and attorney fee under 36 O.S.Supp. 1977 § 3629 B. Trial court overruled Southwesterns motion, but on motion to reconsider reversed that action and set the matter for evidentiary hearing. The Wabaunsees bring this original action asking this court to assume original jurisdiction and grant writ of prohibition to prevent the trial court from proceeding further during the pendency of the appeal.