Dispositions Other Than By Published Opinion | Feb. 21, 2024
Oklahoma Court of Civil Appeals
Division I
Division II
120,742 – In the Matter of the Estate of Nat Marshall, Jr., and Evelyn S. Marshall, each deceased, Linda K. Holland, Appellant, vs. Natalie Stacy and Nat Jeffrey Marshall, Appellees. Appeal from the District Court of Latimer County, Hon. Margaret Nicholson, Trial Judge. Appellant Linda K. Holland appeals the trial court’s order admitting a copy of Evelyn S. Marshall’s will to probate as a lost will and finding Linda incompetent to serve as a personal representative. Appellant and Appellees recently filed a joint motion notifying this Court that the original will has been found and asking this Court to take certain actions in light of this discovery. After review, we dismiss this appeal and remand the case for further proceedings, if necessary. DISMISSED AND REMANDED. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; BARNES, C.J., and FISCHER, J., concur. Feb. 14, 2024
Division III
120,781 – In the Matter of the Estate of Athena I. Hisaw, Deceased, Dylan Marlow, as personal representative of the Estate of Gerald “Jerry” Marlow, Deceased, Appellant, v. Doug Hisaw and Nicole Hisaw, as co-personal representatives of the Estate of Michael Hisaw, Deceased, Appellees. Appeal from the District Court of Garvin County, Oklahoma. Honorable Charles Gray, Trial Judge. Appellant, Dylan Marlow, great-grandson of the testatrix and representative of the estate of Gerald Marlow, seeks review of the Garvin County District Court’s order of September 28, 2022 admitting the 2016 will of Athena Hisaw to probate. Athena Hisaw passed away on March 20, 2018. The last will she drafted was made in 2016 and it left her entire estate to her son. The 2016 will was a departure from the testatrix’s 2014 will, in which she left nothing of her estate to her son, leaving her estate instead to her daughter. Appellant alleges testatrix’s son procured the 2016 will through undue influence. For the reasons provided, we will not disturb the decision of the trial court and the order admitting the 2016 will to probate is affirmed. Opinion by GOREE, J.; MITCHELL, P.J., and DOWNING, J., concur. Feb. 16, 2024
Division IV
120,756 – Boevers Homes, LLC, Plaintiff/Appellant, vs. Government Consulting Solutions, Inc., Michael G. Fina, Sarah Burris, Vernon Woods, Ron Cardwell, B&B Medical Services, Inc., William H. Long, Donnie Robinson, Green and Red Company, John Doe and/or Jane Doe, Defendants, and Ron Hau, Donya Hau, John Mike Simpson, Wenjest Corporation d/b/a Williams Grocery, Wenjest Corporation d/b/a Piedmont Citizen and Jeffrey Don Williams, Defendants/Appellees. Appeal from the District Court of Canadian County, Hon. Paul Hesse, Trial Judge. Boevers Homes, LLC (Plaintiff) appeals the district court’s order granting summary judgment to Ron Hau, Donya Hau, John Mike Simpson, Wenjest Corporation d/b/a/ Williams Grocery, Wenjest Corporation d/b/a/ Piedmont Citizen, and Jeffrey Don Williams (collectively, “Defendants”). This case involves Plaintiff’s allegations that Defendants were liable for defamation, tortious interference with business relations, and false light, based on alleged false statements. Plaintiff has never identified these alleged statements despite the lengthy pendency of this case and being explicitly directed to do so by the district court. Based on our review of the record and applicable law, we affirm the district court’s grant of summary judgment. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HIXON, J.; HUBER, P.J., and BLACKWELL, J., concur. Feb. 14, 2024
121,072 – Kasie Mitchell, Personal Representative of the Estate of Karla Annett Turner, Plaintiff/Appellant, vs. Tom Maris Cummings a/k/a Tom M. Cummings, Defendant/Appellee, and Misty Dawn Turner, Marvel E. Lewis, Marvel E. Lewis, P.C., and Does 1-10, Defendants. Appeal from an Order of the District Court of Oklahoma County, Hon. Don Andrews, District Judge. Appellant and personal representative of the estate of Karla Annett Turner, Kasie Mitchell, appeals the court’s order granting summary judgment in favor of defendant and appellee Tom Cummings. The court ruled that Mitchell’s claims against Cummings were either barred by the applicable two-year statute of limitations or not viable as matter of law. On review, we affirm the decision of the district court. Opinion from the Court of Civil Appeals, Division IV by BLACKWELL, J.; HUBER, P.J., and HIXON, J., concur. Feb. 15, 2024
120,316 – Fred Henderson, Fire Marshal; David Randolph, Major, Fire Inspector; Jonathan Wilk, Major, Fire Inspector; Dean Green, Major, Fire Inspector; Jesse Baldwin, Major, Fire Inspector, all Members of The International Association of Firefighters, Local 2067, Plaintiffs/Appellants, vs. City of Norman, a Municipal Corporation; and International Association of Firefighters Local 2067 (IAFF), a National Labor Organization and Bargaining Agent; Matthew Hart, individually, Defendants/Appellees. Appeal from the District Court of Cleveland County, Hon. Lori Walkley, Trial Judge. Fred Henderson, Fire Marshal; David Randolph, Major, Fire Inspector; Jonathan Wilk, Major, Fire Inspector; Dean Green, Major, Fire Inspector; Jesse Baldwin, Major, Fire Inspector; and all Members of the International Association of Firefighters, Local 2067 (collectively, Plaintiffs) appeal the trial court’s order awarding an attorney’s fee as a sanction to IAFF. Based on our review of the record and applicable law, we conclude Plaintiffs have failed to provide a record demonstrating that the trial court erred in awarding IAFF fees as a sanction under 12 O.S.2020, § 2011.1, and affirm the order under review. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HIXON, J.; HUBER, P.J., and BLACKWELL, J., concur. Feb. 15, 2024
121,350 – Jennifer Dawn Thomason, Claimant, vs. Qualcode and National Fire Insurance Co. of Hartford, Respondents. Appeal from the Workers’ Compensation Commission, Hon. John L. Blodgett, Administrative Law Judge. Claimant, Jennifer Dawn Thomason, appeals an Order Affirming Decision of Administrative Law Judge entered by the Oklahoma Workers’ Compensation Commission En Banc affirming the Administrative Law Judge’s decision finding Claimant failed to prove by a preponderance of the evidence that she sustained a compensable cumulative trauma injury to her left hand, right hand, left arm (elbow), and right arm (elbow). After review of the appellate record and applicable law, we sustain the Commission’s affirmance of the ALJ’s decision. SUSTAINED. Opinion from Court of Civil Appeals, Division IV, by HUBER, P.J.; HIXON, J., and BLACKWELL, J., concur. Feb. 20, 2024