Patterson v. Beall

0 A pest exterminator sued a real estate appraiser in the small claims division of the district court for $105.00 for breach of contract and for violation of the Oklahoma Consumer Protection Act. The appraiser then paid $105.00 to the pest exterminator and filed counterclaims. After permitting the parties to file motions for summary judgment the trial court resolved all the claims and counterclaims in such a way that neither party received anything else from the other. With respect to the pest exterminators claim against the appraiser for violation of the Oklahoma Consumer Protection Act, the trial court granted summary judgment against the pest exterminator, concluding as a matter of law that the appraisers alleged conduct, even if proven, was not deceptive and did not constitute a trade practice. The pest exterminator appealed. The Court of Civil Appeals, Division 4, affirmed and awarded the appraiser her appeal-related attorneys fees and costs. We previously granted certiorari.