# Humphries v. Lewis

> Supreme Court of Oklahoma · February 12, 2003 · 67 P.3d 333

URL: https://www.frixlaw.com/law-library/cases/9788778

## Case

- **Full name:** Jim K. HUMPHRIES, Plaintiff{/Appellant, v. Dean LEWIS D/B/A Dean Lewis Realtors, Defendant/Appellee
- **Court:** Supreme Court of Oklahoma
- **Decided:** February 12, 2003
- **Citations:** 67 P.3d 333; 2003 OK 12
- **Precedential status:** Published
- **Opinion:** Dissent by Hodges
- **Judges:** Boudreau, Hodges, Hargrave, Opala
- **Cited by:** 45 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9788778

## Opinion text

HODGES, J.,
dissenting.
1 1 I agree with the Court's conclusion that sections 696.4 and 2006 of title 12 can be construed in a manner to avoid conflict. I also agree with the Court's definition of excusable neglect. I dissent to its conclusion that the trial court abused its discretion in allowing the late filings.
T2 The trial court's finding of exeusable neglect for the failure to timely file the application to assess attorney fees and costs will be affirmed absent an abuse of discretion. Okla. Stat. tit. 12, § 2006 (B) (2001). The factors that this Court should consider are: (1) prejudice to the opposing party, (2) "the length of delay and its potential impact on [the] judicial proceedings," (8) "the reason for the delay, including whether it was within the reasonable control of the movant," and (4) "whether the movant acted in good faith." See Pioneer Investment Services Co. v. Brunswick Associates Ltd. 507 U.S. 380, 895 , 118 S.Ct. 1489 , 128 L.Ed.2d 74 (1998).
13 Lewis' attorney, a sole practitioner, stated that his computer failed making it impossible for him to retrieve documents within section 696.4's thirty-day time period. Humphries did not show he was prejudiced by the delay. There is no indication that the delay was the result of a lack of good faith or that the twelve-day delay in filing the application to access attorney fees and costs substantially impacted the proceedings. I do not conclude the fact that Lewis' attorney could have borrowed a computer or written the motion by hand is conclusive that the
*339 trial court abused its discretion. would affirm the trial court. Thus, I

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9788778. Public record. Not legal advice.