Dispositions Other Than By Published Opinion | July 17, 2024
Oklahoma Court of Civil Appeals
Division I
Division II
121,983 – Bailey Heronemus, Plaintiff/Appellee, v. Jeffrey Ketterling, Defendant/Appellant. Appeal from the District Court of Delaware County, Hon. Jennifer McAffrey, Trial Judge. Defendant Jeffrey Ketterling appeals from the district court’s award of summary judgment to Plaintiff Bailey Heronemus. It is undisputed that the parties entered into a written contract for the sale of land. Contrary to Mr. Ketterling’s argument that time was of the essence, the parties’ contract does not specify a time for performance, and Oklahoma statutory law provides that, “[i]f no time is specified for the performance of an act required to be performed, a reasonable time is allowed.” 15 O.S. 2021 § 173. Here, because the parties failed to specify a time for performance, language in the contract stating that “time is essence of this contract” is, therefore, without practical effect. Moreover, in response to Ms. Heronemus’s assertions, supported by evidentiary materials, that she proceeded diligently toward a closing – i.e., until Mr. Ketterling communicated that he was no longer interested in selling the property – Mr. Ketterling has failed to set out specific facts showing a genuine issue for trial. In light of the undisputed facts, we conclude the district court did not err in determining Mr. Ketterling’s refusal to proceed to closing constitutes a breach of contract. We further conclude the district court did not abuse its discretion in determining that Ms. Heronemus is entitled to specific performance requiring Mr. Ketterling to complete the sale. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by BARNES, C.J.; WISEMAN, P.J., and FISCHER, J., concur. July 11, 2024
Division III
Division IV
121,048 – Peak Equity Group, LLC, and High Peaks Financial, LLC, Plaintiffs/ Appellees, vs. Luther Mason, Defendant/Appellant, and All Occupants of 5300 SE 134th Street, Oklahoma City, Oklahoma 73165, and Chris Mitchell and Wynn Wynn Solutions, LLC, Appellants. Appeal from the District Court of Cleveland County, Hon. Thad Balkman, Trial Judge. Wynn Wynn Solutions, LLC and Christopher Mitchell appeal a journal entry entering judgment in favor of Peak Equity Group, LLC and High Peaks Financial, LLC in this forcible entry and detainer action. Based on our review of the record and applicable law, we reverse the judgment and remand the matter with directions to proceed as an action in ejectment. REVERSED AND REMANDED WITH DIRECTIONS. Opinion from Court of Civil Appeals, Division IV, by HIXON, J.; HUBER, P.J., and BLACKWELL, J., concur. July 15, 2024