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Lunsford v. Lunsford

Court of Appeals of Oklahoma, Division IV

September 5, 2019

LEONARD DEAN LUNSFORD JR., Plaintiff,
v.
HENRY KEITH LUNSFORD, Defendant/Appellee, and VAUNITA TACKETT, Personal Representative of the Estate of Leonard Dean Lunsford Sr., Deceased, Plaintiff/Appellant, and DAHNA LUNSFORD, GERALD C. BRUNSON, and KAREN E. BRUNSON, Defendants.

          Mandate Issued: 10/02/2019

          APPEAL FROM THE DISTRICT COURT OF TULSA COUNTY, OKLAHOMA HONORABLE CAROLINE WALL, TRIAL JUDGE

          Paul Gee, GEE LAW FIRM, PLLC, Tulsa, Oklahoma, for Plaintiff/Appellant

          David L. Weatherford, BIRMINGHAM, MORLEY, WEATHERFORD & PRIORE, P.A., Tulsa, Oklahoma, for Defendant/Appellee

          DEBORAH B. BARNES, PRESIDING JUDGE

         ¶1 This is the second appeal in this action, an action which arises from disputes concerning the real property where Leonard Dean Lunsford Sr. resided prior to his death in October 2014. Plaintiff/Appellant Vaunita Tackett, Personal Representative of the Estate of Leonard Dean Lunsford Sr., appeals from the trial court's order filed in April 2018 finding, at Defendant Henry Keith Lunsford's request, that he is entitled to recover postjudgment interest from Plaintiffs [1] under Oklahoma's postjudgment interest statute, 12 O.S.Supp. 2013 § 727.1 (A). As set forth in the April 2018 Order, the trial court determined postjudgment interest "accrued... in the amount of $5, 398.25 between the time of entry of the Order Enforcing Settlement Agreement... on February 10, 2014, and payment of the Judgment on May 4, 2017."

         ¶2 In the previous appeal, Case No. 112, 690, we explained that the parties' settlement agreement, which was executed in 2013,

end[ed] a breach of contract action involving the home in which [Leonard Dean] Lunsford Sr. resided... from 2003 until his death. It is undisputed that... the settlement agreement requir[ed] an appraisal of the property in question. The parties agreed to accept the appraisal value and agreed that the payment price would be based on the appraised value.

         The settlement agreement, which is handwritten, provides:

1. Parties to agree to an appraisal....
2. Parties to accept [the appraiser's] appraised value.
3. Based on appraised value, [Henry] Keith Lunsford to be paid 1/3 of value[.]
4. [Henry Keith Lunsford] to remain responsible for 1/3 of mortgage balance.
5. Mutual releases [and] each party responsible for their own fees ...

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