Dispositions Other Than By Published Opinion | Aug. 10, 2022

Oklahoma Court of Civil Appeals

Division I

119,197 – Wilmington Savings Sound Society, FSB, D/B/A Christiana Trust, Not Individually But as Trustee for Pretium Mortgage Acuisition Trust, Plaintiff/Appellee, v. Ronald Gene Wade, Jr. A/K/A/ Ronald Gene Wade; et al., Defendants/Appellants.  Defendant appeal a judgment granting Plaintiff’s summary judgment motion and forcing a mortgage against Defendant.  We affirm.  All judges concur. August 4, 2022


119,621 – Wrangler Cole Rickman, Plaintiff/Appellant, v. Veronica Claire Butler, Defendant/Appellee.  Appeal from the District Court of Cimarron County, Oklahoma.  Honorable Christine Marie Larson, Trial Judge.  In this paternity proceeding, Plaintiff/Appellant, Wrangler Cole Rickman (Father), appeals from the trial court’s order awarding sole custody of the parties’ minor children to Defendant/Appellee, Veronica Claire Butler (Mother).  Mother did not file a response brief in this appeal; therefore, this appeal proceeds on Father’s brief only.  After reviewing the evidence in the record and Father’s brief, we find both parties are fit, capable and loving parents who were successfully co-parenting under a shared custody arrangement during the course of the custody proceeding.  We further find the children were well-cared for and benefiting from the shared custody arrangement.  When the weight of the evidence demonstrates that the parents are able to act in the children’s best interests, Oklahoma law favors shared parenting custodial arrangements.  43 O.S. 2021 §110.1.  We therefore find the trial court’s order awarding sole custody to Mother is contrary to the weight of the evidence and Oklahoma’s shared parenting policy and is therefore an abuse of discretion.  The trial court’s order is REVERSED and this matter is REMANDED to the trial court to enter a shared custody arrangement.  Opinion by BELL, P.J.; GOREE, J., and DOWNING, J., concur.  August 4, 2022  

Division II

Division III

Division IV

119,631 – Terrell G. Lewis, Petitioner, vs. Twin Cities Ready Mix, Inc.; Wausaw Insurance Group; and The Oklahoma Workers’ Compensation Court of Existing Claims, Respondents.  Proceeding to Review an Order of a Three-Judge Panel of the Workers’ Compensation Court of Existing Claims.  Claimant Terrell Lewis seeks review of an order of a three-judge panel of the Workers’ Compensation Court of Existing Claims.  The panel affirmed the trial court’s order denying Claimant’s request for a specific, pre-surgery period of temporary total disability (TTD) benefits.  Claimant argues that the IME’s finding regarding his ability to do ranch work was the equivalent of a finding that he was capable of returning to modified, light duty work for Employer.  According to Claimant, Employer’s knowledge of that medical finding triggered the statutory obligation, imposed by 85 O.S. Supp. 2010 § 14(A)(2), to offer him light duty work or become subjected to liability for payment of TTD compensation.  The evidence regarding Claimant’s employment situation is not uncontroverted, but there is evidence in the record which shows that on the date of the IME’s report Claimant had no employment relationship with Employer.  Under that circumstance, Employer had no legal duty to offer Claimant work with restrictions.  SUSTAINED.  Opinion from Court of Civil Appeals, Division IV by FISCHER, C.J.; BARNES, P.J., and HIXON, J., concur. August 3, 2022


119,823 – DRGInvest Kentucky Pines, LLC, d/b/a Kentucky Pines Apartments, Plaintiff/Appellee, v. James Emory Chaney Jr. & all occupants, Defendant/Appellant.  Appeal from the District Court of Oklahoma County, Hon. Catherine M. Burton, Trial Judge.  Defendant appeals from the district court’s order denying his motion to vacate in this forcible entry and detainer action.  Defendant, who has provided no record on appeal of the proceedings at trial or at the hearing on his motion to vacate, has failed to show that the district court’s denial of his motion to vacate constitutes an abuse of discretion.  Therefore, we affirm.  AFFIRMED.  Opinion from Court of Civil Appeals, Division IV, by BARNES, P.J.; FISCHER, C.J., and HIXON, J., concur. August 8, 2022