Beard v. Richards

1 This is an appeal from an order awarding attorney fees and costs pursuant to 23 O.S.Supp. 1986 § 103 . The first impression issue presented is: Whether a plaintiffs claim against a defendant "was not well grounded in fact" and "unwarranted by existing law", if the defendant prevails on a directed verdict? We conclude: 1) a claim or defense of a non-prevailing party is well grounded in fact where the party has presented prima facie evidence which, together with all inferences to be drawn therefrom, if unrebutted, establishes a set of facts to support a judgment in favor of the non-prevailing party on the claim or defense; and, 2) a claim or defense of a non-prevailing party is warranted by existing law where the party asserts a recognized theory of law which would support the claim or defense. We hold that plaintiff/appellants claim against defendant/appellee was well grounded in fact and warranted by existing law.