Dispositions Other Than By Published Opinion | March 23, 2022
Oklahoma Court of Civil Appeals
Division I
Division II
119,260 – Pilot Travel Centers, LLC and Ace American Insurance, Co., Petitioners, vs. Brenda Stephens and The Workers’ Compensation Commission, Respondents. Appeal from The Workers’ Compensation Commission. The petitioners, Pilot Travel Centers LLC and Ace American Insurance Co., appeal a decision of the Workers’ Compensation Commission affirming the decision of an administrative law judge that their employee, Brenda Stephens, suffered a compensable, work-related injury to her lower back and ordering treatment. On review, we find the decision of the Commission to be supported by the required substantial evidence and affirm. Affirmed. Opinion from the Court of Civil Appeals, Division II by BLACKWELL, J.; WISEMAN, P.J., and RAPP, J., concur. – March 23, 2022
119,021 – Amanda J. Robinson, Petitioner/Appellant, vs. Steven C. Robinson, Respondent/Appellee. Appeal from an Order of the District Court of Garfield County, Hon. Dennis W. Hladik, Trial Judge. Amanda Buckminster (formerly Robinson) and Steven Robinson are the divorced parents of two minor children. In the trial court, Mr. Robinson filed a motion to enforce visitation, clarify visitation orders, modify child support, and a request for other relief. In response, Ms. Buckminster filed an application for contempt for alleged violation of visitation orders and sought to dismiss Mr. Robinson’s motion. After a combined hearing on all motions, the trial court sided with Mr. Robinson on all issues. Ms. Buckminster appeals. Because the trial court’s findings are not contrary to the clear weight of the evidence or otherwise an abuse of discretion, we affirm. AFFIRMED. Opinion from the Court of Civil Appeals, Division II by BLACKWELL, J.; WISEMAN, P.J., and RAPP, J., concur. – March 23, 2022
Division III
119,588 – U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, Plaintiff/Appellant, vs. Rachel Mae Brown, Special Adminstratrix of the Estate of Monzella Brown, deceased, Occupants of the Premises, Michael Brown, Edwin A. Brown, Samuel Brown, III, Orlando W. Brown, Colleenia Brown, Velocity Investments, LLC, Freedom Financial Services of Arkansas, Inc. and Robert T. Keel., Defendants/Appellees, and Rachel Brown, Special Adminstratrix of the Estate of Monzella Brown, deceased, Defendant/Third‑Party Plaintiff, vs. U.S. Bank Trust, N.A., as trustee for LSF9 Master Participation Trust, Third‑Party Defendant. . Appeal from the District Court of Garvin County, Oklahoma. Honorable Leah Edwards, Trial Judge. Plaintiff/Appellant, U.S. Bank Trust, N.A. as Trustee for LSF9 Master Participation Trust (“Trust”), appeals an Order denying a Combined Petition to Vacate in a mortgage foreclosure proceeding. In the Combined Petition to Vacate, Trust asserted that two separate orders should be vacated because of an irregularity in obtaining the judgments. First, Trust sought vacation of a Default Judgment and, second, Trust sought vacation of a subsequent order vacating the Default Judgment, restoring the mortgage, and dismissing the case. Defendants/Appellees, Rachel Mae Brown, Administratrix of the Estate of Monzella Brown, et al. (“Brown” or “Estate”), also filed a counter‑appeal. Trust seeks dismissal of the counter‑appeal because it was filed more than thirty days after entry of the Order in question. The trial court denied the Combined Petition to Vacate on procedural grounds i.e., because the Combined Petition to Vacate was filed more than thirty days after the Default Judgment and the subsequent order vacating the Default Judgment. We find that the trial court committed error when it denied the Combined Petition to Vacate because of an alleged procedural defect. Further, this Court lacks jurisdiction to consider Brown’s counter‑appeal due to the fact that it was filed out of time. Therefore, the decision of the trial court is REVERSED AND REMANDED FOR HEARING ON THE MERITS of the Combined Petition to Vacate and Brown’s counter‑appeal is dismissed. Opinion by PRINCE, P.J.; MITCHELL, V.C.J., and SWINTON, J., concur. – March 23, 2022