Oklahoma Court of Civil Appeals | July 27, 2022

Decisions BIXLER v. FASSNACHT-BIXLER2022 OK CIV APP 28Case Number: 118841Decided: 05/06/2022Mandate Issued: 07/20/2022 ¶1 Gene Bixler appeals several parts of a divorce decree entered between him and his now ex-wife, Kimberly Fassnacht. On review, we find no error in the district court’s decisions regarding support alimony, the distribution of funds from the sale of the family…

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Oklahoma Court of Civil Appeals | July 13, 2022

Decisions IN THE MATTER OF THE ESTATE OF POWERS2022 OK CIV APP 26; Case Number: 119378Decided: 06/07/2022Mandate Issued: 07/07/2022 ¶1 Becky Parker Powers (Spouse) appeals from an order of the district court in this probate proceeding. Based on our review, we affirm. DANCER v. DANCER2022 OK CIV APP 25; Case Number: 119559Decided: 04/26/2022Mandate Issued: 06/22/2022 ¶1 In…

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Oklahoma Court of Civil Appeals | June 8, 2022

Decisions ELIAS v. CITY OF TULSA2022 OK CIV APP 18, 119526Decided: 09/17/2021Mandate Issued: 05/25/2022 ¶1 Jeff Elias (“Appellant”) seeks review of an Order Affirming Decision of Administrative Law Judge by the Oklahoma Workers’ Compensation Commission En Banc (“Commission”) . The issues here are: (1) whether the Order denying Appellant monetary benefits was based on the…

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Oklahoma Court of Civil Appeals | March 30, 2022

PEVETO v. PEVETO 2022 OK CIV APP 7, 119497Decided 02/22/2022 ¶1 Plaintiff/Appellee Burl Peveto (Husband) sued his former wife Defendant/Appellant Lori Peveto (Wife) seeking partition of the house they once owned in joint tenancy with rights of survivorship. While married, the ownership of the house alternated between joint tenancy and Wife as the sole owner.…

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Oklahoma Court of Civil Appeals | March 16, 2022

Decisions BCE-MACH v. ROACH2022 OK CIV APP 5, 119557Decided 06/29/2021Mandate Issued: 03/09/2022 ¶1 The parties dispute whether the location, use, and actual necessity of disposal wells exempts the disposal wells at issue from ad valorem taxation. Oklahoma Supreme Court precedent in Cumberland Operating Co. v. Ogez , 1988 OK 14 , 769 P.2d 105 ,…

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Oklahoma Court of Civil Appeals | March 9, 2022

Decisions RCB BANK v. STITT2022 OK CIV APP 3Case Number: 117835; Consol w/116548 116551Decided: 01/05/2021Mandate Issued: 03/03/2022THE COURT OF CIVIL APPEALS OF THE STATE OF OKLAHOMA, DIVISION II ¶1 Kent Stitt (Kent) and Kent D. Stitt as Trustee of the 186th St. Land Trust #3240 (Trust) along with M. Keith Stitt & Associates (Keith), appeal the…

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Oklahoma Court of Civil Appeals | February 16, 2022

Decisions MCCLEARY v. CITY OF BROKEN ARROW BD. OF ADJUSTMENT 2022 OK CIV APP 2, 118994Decided 12/17/2021 ¶1 Defendant/Appellant, City of Broken Arrow Board of Adjustment (Board), appeals from an order reversing its denial of a variance sought by Plaintiff/Appellee, Lois McCleary, to allow her to store her recreational vehicle (RV) in her driveway in…

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Oklahoma Court of Civil Appeals | January 12, 2022

CURRINGTON v. STATE ex rel. DEPT. OF PUBLIC SAFETY 2022 OK CIV APP 1, 119743Decided 11/23/2021 ¶1 Defendant/Appellant, the Department of Public Safety (“DPS”), appeals an order setting aside and vacating a suspension of a driver’s license. DPS suspended the license of Plaintiff/Appellee, Stephen N. Currington, after receiving abstracts from the City of Tulsa for…

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2022 COCA Leadership

The Court of Civil Appeals judicial assignments have been announced. John F. Fischer of Tulsa will serve as the chief judge, and E. Bay Mitchell III of Oklahoma City will serve as vice chief judge. Judicial Division Assignments and Election of Presiding Judges For the calendar year 2022, the Honorable Robert D. Bell has been elected to…

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