Dispositions Other Than By Published Opinion | Nov. 22, 2023
Oklahoma Court of Civil Appeals
Division I
121,439 – Justin Walker, Plaintiff/Appellant, v. Jimmy Allan Robbins, Defendant/Appellee. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Tracy Priddy, Judge. Appellant, Justin Walker (Walker) appeals from the trial court’s June 13, 2023 Order Sustaining Motion to Dismiss, wherein the trial court dismissed, with prejudice, Walker’s claims against Appellee, Jimmy Allan Robbins (Robbins). Based on our review of the record and applicable law, we find the trial court’s dismissal of Walker’s claims was not error. Accordingly, we AFFIRM. Opinion by DOWNING, J.; GOREE, P.J., and SWINTON, J., concur. November 20, 2023
Division II
Division III
121,119 – In the Matter of D.L., Deprived Child, Mercedes Lightell, Appellant, v. State of Oklahoma, Appellee. Appeal from the District Court of Creek County, Oklahoma. Honorable Laura Farris, Trial Judge. In this action to terminate parental rights, Appellant, Mercedes Lightell, the biological mother (Mother), appeals from the trial court’s order terminating her parental rights to her minor child, D.L., born May 18, 2021, a deprived child. Mother’s parental rights to D.L. were terminated pursuant to 10A O.S. 2021 §1‑4‑904(B)(5) for failure to correct the condition of neglect/threat of harm; pursuant to §§1‑4‑904(B)(7) and (B)(2) for failure to support the child and for abandoning the child; and pursuant to §1‑4‑904(B)(17) because D.L. was younger than four (4) years of age at the time of placement and has been in foster care for six (6) out of the twelve (12) months preceding the filing of the petition to terminate. The court found D.L. is an Indian Child under the Oklahoma Indian Child Welfare Act (ICWA), 10 O.S. 2021 §40.1 et seq. The Chitimacha Tribe (Tribe) intervened and recommended the termination of Mother’s parental rights to D.L. The trial court found the State of Oklahoma (State) demonstrated beyond a reasonable doubt by the testimony of a qualified witness that Mother’s continued custody of D.L. is likely to result in serious emotional or physical damage/harm to the child and that active efforts to provide remedial services and rehabilitative programs to prevent the breakup of the Indian family were made and have proven unsuccessful. The court also found by clear and convincing evidence that termination of Mother’s parental rights was in the child’s best interest. After reviewing the record, we AFFIRM. Opinion by BELL, J.; MITCHELL, C.J., and PRINCE, P.J., concur. November 17, 2023
121,120 – In the Matter of Z.L., Deprived Child, Mercedes Lightell, Appellant, v. State of Oklahoma, Appellee. Appeal from the District Court of Creek County, Oklahoma. Honorable Laura Farris, Trial Judge. In this action to terminate parental rights, Appellant, Mercedes Lightell, the biological mother (Mother), appeals from the trial court’s order terminating her parental rights to her minor child, Z.L., born October 15, 2018, a deprived child. Mother’s parental rights to Z.L. were terminated pursuant to 10A O.S. 2021 §1‑4‑904(B)(5) for failure to correct the condition of neglect/threat of harm; §§1‑4‑904(B)(7) and (B)(2) for failure to support the child and for abandoning the child; and pursuant to §1‑4‑904(B)(17) because Z.L. was younger than four (4) years of age at the time of placement and has been in foster care for six (6) out of the twelve (12) months preceding the filing of the petition to terminate. The court found Z.L. is an Indian Child under the Oklahoma Indian Child Welfare Act (ICWA), 10 O.S. 2021 §40.1 et seq. The Chitimacha Tribe (Tribe) intervened and recommended the termination of Mother’s parental rights to Z.L. The trial court found the State of Oklahoma (State) demonstrated beyond a reasonable doubt by the testimony of a qualified witness that Mother’s continued custody of Z.L. is likely to result in serious emotional or physical damage/harm to the child and that active efforts to provide remedial services and rehabilitative programs to prevent the breakup of the Indian family were made and have proven unsuccessful. The court also found by clear and convincing evidence that termination of Mother’s parental rights was in the child’s best interest. After reviewing the record, we AFFIRM. Opinion by BELL, J.; MITCHELL, C.J., and PRINCE, P.J., concur. November 17, 2023
Division IV
119,655 – OSU Foundation Real Estate LLC, an Oklahoma Limited Liability Company, Plaintiff/Appellee, vs. Mark Sarno and Brian Hobbs, Defendants/Appellants, and United States of America, ex rel. the Department of Justice; Carla Manning, County Treasurer, Payne County, Oklahoma; Board of County Commissioners, Payne County, Oklahoma, Defendants, and Mark Sarno and Brian Hobbs, Counterclaimants and Cross-Claimants, and Oklahoma State University Foundation, Cross-Defendant. Appeal from Order of the District Court of Payne County, Hon. Stephen R. Kistler, Trial Judge. In this mortgage foreclosure action, Mark Sarno and Brian Hobbs appeal the judgment and related rulings in favor of Plaintiff OSU Foundation Real Estate, LLC, and Oklahoma State University Foundation. The record on appeal establishes that OSU Real Estate was entitled to judgment as a matter of law in this action to collect the unpaid promissory note signed by Sarno and Hobbs and to foreclose the mortgage they executed on the property to secure repayment of the note. The district court’s Journal Entry of Partial Summary Judgment and the denial of Sarno’s and Hobbs’ motion for new trial are affirmed. Sarno and Hobbs have failed to preserve for appellate review any argument that would require reversal of the district court’s Amended Journal Entry dismissing their counterclaim without leave to amend. AFFIRMED. Opinion from Court of Civil Appeals, Division IV by FISCHER, J.; BLACKWELL, P.J., and HUBER, J., concur. November 15, 2023
121,006 – In the Matter of O.M., C.M., C.M., II and C.M., Alleged Deprived Children: Jennifer Miller, Appellant, vs. State of Oklahoma, Appellee. Appeal from an Order of the District Court of Pittsburg County, Hon. Mindy Beare, Special Judge. Jennifer Miller, the mother of the four minor children at issue here, appeals the termination of her parental rights after jury trial. After review, we find sufficient evidence supporting the jury’s verdict and thereby affirm. AFFIRMED. Opinion from the Court of Civil Appeals, Division IV by BLACKWELL, P.J.; FISCHER, J., and HUBER, J., concur. November 15, 2023