Dispositions Other Than By Published Opinion | April 16, 2025
Oklahoma Court of Civil Appeals
Division I
121,976 — In Re the Marriage of: Whitney Ruth Beard Alvis Petitioner/Appellee, v. James Michael Alvis, Respondent/Appellant. The trial court appointed a guardian ad litem in the custody proceedings below. Father argues the trial court’s authority to appoint a guardian ad litem pursuant to 43 O.S. 2022 §107.3(A) is confined to the period between the filing of the pleading contesting custody or visitation and the beginning of the trial on the merits. He argues the trial court was without statutory authority to appoint a guardian ad litem outside of that window. We affirm the trial court’s decision in appointing a guardian ad litem. Opinion by GOREE, P.J.; SWINTON, J., and PRINCE, J., concur.
122,243 — In the Matter of P.R., Alleged Deprived Child, Cody Robins, Natural Father, and Amy Fargo, Natural Mother, Appellants, v. State of Oklahoma, Appellee. Appeal from the District Court of Tulsa, Oklahoma. Honorable Theresa Dreiling, Trial Judge.Cody Robins and Amy Fargo jointly appeal Orders terminating their parental rights to their child, P.R. The child was removed from her parents’ custody shortly after birth after a child welfare specialist with the Department of Human Services (“DHS”) confirmed that the child tested positive for methamphetamine, methadone, amphetamine, and fentanyl. The Appellee, State of Oklahoma, sought termination of parental rights on two grounds, i.e., the child was younger than four years of age and remained in foster care for six of the most recent twelve months; and (2) the parents were permitted a period of more than three months to correct the conditions that led to the deprived adjudication but they failed to do so. A jury unanimously returned verdicts terminating the parental rights of Mother and Father. The Parents assert on appeal that the State failed to satisfy its burden of proof and that certain evidence that was admitted was either irrelevant or unduly prejudicial. The Parents also claim that Mother’s case worker contributed to Mother’s inability to fulfill the requirements of her ISP. We have reviewed the record and law and find that the Orders Terminating Parental Rights were supported by clear and convincing evidence and, additionally, that the trial court did not commit reversible error with its evidentiary rulings. We, therefore, AFFIRM the Orders Terminating Parental Rights entered on May 9, 2024. Opinion by PRINCE, J.; GOREE, P.J., and SWINTON, J. concur.
122,607 — Warren Heidelberger, Plaintiff/Appellant, v. Illinois River Ranch Recreational Vehicle Park Property Owners Association, Inc., an Oklahoma Corporation, and Brandi Ann Peace, an individual, Jimmy Gower, an individual, Michelle Howell, an individual, Jim McSpadden, an individual, and Does 1-10 inclusive, Defendants/Appellees. Appeal from the District Court of Adair County, Oklahoma. Honorable Jeffrey J. Payton, Trial Judge. The trial court erroneously dismissed Appellant’s claim that Appellees made certain charges on his bill that they knew he did not authorize in advance, thereby violating § 753(25) of the Oklahoma Consumer Protection Act. All remaining claims of Appellant’s pleading were properly dismissed for failure to state a claim. Affirmed in part and reversed in part. Opinion by GOREE, P.J.; SWINTON, J., and PRINCE, J., concur.
Division II
121,768 — Thomas Shawn Dollar, Petitioner/Appellant, vs. Dusty Rae Smith, Respondent/Appellee. Appeal from the District Court of Coal County, Honorable D. Clay Mowdy, Trial Judge. Thomas Shawn Dollar (Father) appeals a trial court order granting custody of the parties’ minor children to Dusty Rae Smith (Mother) and dividing the marital estate. Father additionally appeals the trial court’s decision declining to recuse or disqualify from the case, a request he did not make until after the trial ended. The essential issues on appeal are whether the trial court abused its discretion in (1) awarding Mother primary custody of the children, (2) dividing the marital property, and (3) denying Father’s request to recuse or disqualify. After review of the record and applicable law, we conclude the decisions challenged by Father awarding custody and denying his request to recuse do not show an abuse of discretion, but the trial court’s property division must be reversed. We affirm the trial court’s decree in part, reverse in part, and remand for further proceedings. AFFIRMED IN PART, REVERSED IN PART AND REMANDED FOR FURTHER PROCEEDINGS. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; FISCHER, J., concurs, and BLACKWELL, J., concurs in part and dissents in part. April 10, 2025
121,649 (Consolidated with Case No. 121,672) — Barbara Briones, Petitioner/Appellant, vs. Christopher M. Smith, Respondent/Appellee. Appeal from the District Court of Oklahoma County, Honorable Jennifer Selling Montagna, Trial Judge. Barbara Briones (Mother) appeals a trial court order awarding attorney feesto Christopher M. Smith (Father) and another order modifying the parties’ joint custody plan and denying Mother’s request to change custody. The issues before us are whether the trial court’s decisions on custody, visitation, and child support are against the clear weight of the evidence and whether the trial court erred in awarding attorney fees to Father. After review, we conclude the trial court’s decisions regarding custody and visitation are not against the clear weight of the evidence, Mother failed to show trial court error or abuse of discretion in calculating child support, but we reverse the trial court’s decision regarding attorney fees for lack of findings on the basis for the award and its calculation of the amount. We therefore affirm the trial court’s decision in part, reverse in part, and remand for further proceedings. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; FISCHER, J., concurs, and BLACKWELL, J., concurs except as to Part V; concurs in result as to Part V. April 15, 2025
Division III
Division IV
121,884 — Qusay Jaber Sahky, Petitioner/Appellant, vs. Sue A. Bischestrieder, Respondent/Appellee. Appeal from the District Court of Oklahoma County, Honorable Jennifer Selling Montagna, Trial Judge. Qusay Jaber Sahky (Father) appeals the trial court’s December 11, 2023, order awarding Sue A. Bischestrieder’s (Mother) an attorney’s fee. Based on our review of the record and applicable law, the trial court’s December 11, 2023, order awarding Mother an attorney’s fee is affirmed. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HIXON, V.C.J.; BARNES, P.J., and HUBER, J., concur. April 14, 2025
121,875 – In the Matter of A.C., A.C., K.C., K.C., L.C., Alleged Deprived Children: Mieshia Carr, Appellant, vs. State of Oklahoma, Appellee. Appeal from the District Court of Oklahoma County, Honorable Nichole M. Gillett, Trial Judge. Appellant Mieshia Carr (Mother) appeals the trial court’s Order terminating her parental rights to minors A.C., A.C., K.C., K.C., and L.C., on grounds of failure to correct conditions leading the children to be adjudicated deprived, pursuant to 10A O.S.2021, § 1-4-904(B)(5), and length of time in foster care pursuant to section 1-4-904(B)(16) and (17). On review of the record and briefing on appeal, we affirm the trial court’s order terminating Mother’s parental rights to the children. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HIXON, V.C.J.; BARNES, P.J., and HUBER, J., concur. April 15, 2025
122,559 — In the Matter of A.C., & K.C., Alleged Deprived Children, Willia Berry, Appellant, vs. The State of Oklahoma, Appellee. Appeal from the District Court of Oklahoma County, Honorable Nichole M. Gillett, Trial Judge. Appellant William Berry (Father) appeals the trial court’s Order terminating his parental rights to minors A.C. and K.C. on grounds of abandonment, 10A O.S.2021, §1-4-904(B)(2), and length of time in foster care pursuant to section 1-4-904(B)(16) and (17). On review of the record and briefing on appeal, we affirm the trial court’s order terminating Father’s parental rights to A.C. and K.C. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HIXON, V.C.J.; BARNES, P.J., and HUBER, J., concur. April 15, 2025