Osprey v

Osprey v - Osprey v. Kelly-Moore Paint Co. 1999 OK 50 984...

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Osprey v. Kelly-Moore Paint Co. 1999 OK 50 984 P.2d 194 70 OBJ 1809 Case Number: 90206 Decided: 05/25/1999 Mandate Issued: 06/24/1999 Supreme Court of Oklahoma OSPREY L.L.C., a limited liability company, Plaintiff/Appellant, v. KELLY-MOORE PAINT CO. INC., a California corporation, Defendant/Appellee. Honorable James B. Croy, Trial Judge ¶0 [984 P.2d 195] The appellee, Kelly-Moore Paint Company, leased its store in Edmond, Oklahoma, from the appellant, Osprey, an Oklahoma limited liability company. The fifteen-year commercial lease contained two five-year renewal options. The lease required that the lessee give notice of its intent to renew at least six months prior to its expiration. It also provided that the renewal "may be delivered either personally or by depositing the same in United States mail, first class postage prepaid, registered or certified mail, return receipt requested." On the last day of the six-month notification deadline, Kelly-Moore faxed a letter of renewal notice to Osprey's office at 5:28 p.m., Oklahoma time. In addition, Kelly-Moore sent a copy of the faxed renewal notice letter by Federal Express that same day. Osprey denies ever receiving the fax, but it admits receiving the Federal Express copy of the notice on the following business day. Osprey rejected the notice, asserting that it was late, and it filed an action for forcible entry and detainer in the district court of Oklahoma County. After a trial on the merits, the trial court granted judgment in favor of Kelly-Moore, finding that the faxed notice was effective. Osprey appealed. The Court of Civil Appeals reversed, determining that the plain language of the lease required that it be renewed by delivering notice either personally or by mail, and that Kelly-Moore had done neither. We granted certiorari to address the first impression question of whether a faxed or facsimile delivery of a written notice renewing a commercial lease is sufficient to exercise timely the renewal option of the lease. Under the facts presented, we hold that it is. CERTIORARI PREVIOUSLY GRANTED; COURT OF CIVIL APPEALS OPINION VACATED; TRIAL COURT AFFIRMED. Anton J. Rupert Oklahoma City, Oklahoma, For Plaintiff/Appellant, Darian B. Anderson Edmond, Oklahoma,For Defendant/Appellee. ¶ 1 KAUGER, J.: ¶2 The first impression question presented is whether a faxed or facsimile delivery of a written notice renewing a commercial lease is sufficient to exercise timely the renewal option of the lease. Under the facts presented, we hold that it is. ¶3 FACTS
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¶4 The appellant, Osprey, an Oklahoma limited liability company (Osprey), owns commercial property in Edmond, Oklahoma. On March 18, 1977, the appellee, Kelly-Moore Paint Company (Kelly-Moore), a California corporation, negotiated a fifteen-year lease for its Edmond, Oklahoma, store with Osprey's predecessors James and Victoria Fulmer.
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This note was uploaded on 03/21/2012 for the course BLAW 1000 taught by Professor Stuff during the Spring '12 term at LSU.

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Osprey v - Osprey v. Kelly-Moore Paint Co. 1999 OK 50 984...

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