Dispositions Other Than By Published Opinion | April 17, 2024
Oklahoma Court of Civil Appeals
Division I
120,927 – Randy Swartwood, Petitioner, v. American Airlines and The 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. Petitioner Randy Swartwood seeks review of an order of a three-judge panel of the Workers’ Compensation Court of Existing Claims which affirmed the trial court’s dismissal of his claim for failure to prosecute. Swartwood requested a hearing for benefits within two years of his claim and the parties continued to file forms seeking hearings and conferences, including requests for hearing on benefits. The record suggests one of these forms was filed, but not added to the court file. Our review of the record shows the panel’s order is contrary to law and we therefore vacate and remand. Opinion by SWINTON, P.J.; BELL, V.C.J., concurs and PRINCE, J., dissents. April 11, 2024
121,241 – In Re the Marriage of: Hannah E. Hayley, Petitioner/Appellant, v. Todd M. Olmstead, Respondent/Appellee. Appeal from the District Court of Tulsa County, Oklahoma. Honorable James Huber, Trial Judge. Petitioner/Appellant, Hannah E. Hayley (Mother appeals the rial court’s orders modifying child custody and child support. Upon review of the record and applicable authority, we find on error and, accordingly, AFFIRM the trial court. Opinion by PRINCE, J.; BELL, V.C.J., concurs and SWINTON, P.J., concur in part and dissent in part. April 11, 2024
121,501 – Jonathan Michele Spyres, Plaintiff/Appellant, v. State of Oklahoma, ex rel. Service Oklahoma, Defendant/Appellee. Appeal from the District Court of Pawnee County, Oklahoma. Honorable Patrick Pickerill, District Judge. Plaintiff/Appellant, Jonathan Mitchele Spyres, appeals from the trial court’s order sustaining the revocation of his driver’s license. Plaintiff contends the trial court erred when it determined that the arresting officer had probable cause to arrest Plaintiff for driving under the influence of marijuana and was qualified to opine that Plaintiff was driving under the influence of marijuana. The officer’s information at the time of arrest would lead a reasonably prudent person to believe that the Plaintiff had committed an offense thus establishing probable cause. The arresting officer’s experience in the field, ARIDE training, and SFST certification gave him, at a minimum, the “knowledge, skill, [and] training” to be qualified to opine as a witness. The trial court’s judgment is AFFIRMED. Opinion by BELL, V.C.J.; SWINTON, P.J., and PRINCE, J., concur. April 11, 2024
121,804 – The Queens LLC, and Cherokee Queen, LLC, Plaintiffs/Appellees, v. The Seneca-Cayuga Nation, formerly known as the Seneca-Cayuga Tribe of Oklahoma, Defendant/Appellant. Appeal from the District Court of Delaware County, Oklahoma. Honorable Jennifer McAffrey, Trial Judge. Defendant/Appellant, The Seneca-Cayuga Nation, formerly known as the Seneca-Cayuga Tribe of Oklahoma (“SCN”), appeals an award of summary judgment in favor of the Plaintiffs/Appellees, The Queens, LLC, and Cherokee Queen, LLC (collectively “the Queens”). SCN purchased property from the Queens and Larry and Carla Steckline located at Grand Lake, Oklahoma. SCN subsequently defaulted. Following the default, the Queens and the Stecklines instituted its efforts to foreclose on the mortgage in 2015. After a long history of litigation, the trial court granted summary judgment in favor of the Queens. SCN claims on appeal that summary judgment should have been denied because there are disputed issues of material fact regarding whether SCN effectively waived sovereign immunity for the purpose of litigation in state courts. We have reviewed the record and find that the Orders of the trial court were correct. The record shows that the trial court specifically considered the argument raised by SCN (i.e., that the third version of Resolution 39-011212 was not authenticated via an affidavit). As specifically required by Rule 13(c), however, the trial court “ruled on the admissibility of the challenged material” and specifically stated on the record that it “was produced by the tribe, and so I have no reason to doubt its authenticity”. We, therefore, AFFIRM. Opinion by PRINCE, J.; BELL, V,C.J., and SWINTON, P.J., concur. April 11, 2024
Division II
121,397 (Companion to Case No. 121,759) — In the Matter of the Estate of James Aaron Graves, James A. Graves, Jr., Petitioner/Appellant, vs. Dale Gladfelder, Contestant/Appellee. Appeal from the District Court of Cleveland County, Hon. Bethany E. Stanley, Trial Judge. James A. Graves, Jr., (Jay) appeals a trial court order finding he exercised undue influence over his father, James Aaron Graves, invalidating the Sixth Restatement of the James Aaron Graves Revocable Trust Dated July 12, 2005, concluding trust assets should be administered and distributed pursuant to the terms of the Fifth Restatement of that Trust, finding Jay breached his fiduciary duties to the other beneficiaries of the Trust, removing Jay as the successor trustee, and appointing an independent third party to serve as successor trustee. After review, we conclude the trial court’s decisions are not against the clear weight of the evidence nor contrary to law, and we affirm the order. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; BARNES, C.J., and FISCHER, J., concur. April 10, 2024
Division III
121,021 – In re the Marriage of: Whitney Ruth Beard Alvis, Petitioner/Appellee, v. James Michael Alvis, Respondent/Appellant. Appeal from the District Court of McClain County, Oklahoma. Honorable Leah Edwards, Trial Judge. Appellant / Respondent, James Michael Alvis, appeals an order denying his motions seeking attorney fees against Appellee / Petitioner, Whitney Ruth Beard Alvis. Appellant did not prove he was a prevailing party or that Appellee interfered with his visitation rights as noncustodial father. 43 O.S. §111.3(E). The trial court did not abuse its discretion when it decided Father was not entitled to an attorney fee based on 43 O.S. §110(E) considering a balancing of the equities. AFFIRMED. Opinion by GOREE, J.; MITCHELL, P.J., and DOWNING, J., concur. April 9, 2024
121,182 – In the Matter of the Estate of: John Horton Dayan, Deceased, Dava Dayan, Interested Party/Appellant, v. Mary Ellen Dayan-Varnum, Special Administrator/Appellee. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Kurt G. Glassco, Trial Judge. Interested Party/Appellant, Dava Dayan, appeals an order determining heirs of John Horton Dayan, deceased. We hold the trial court did not abuse its discretion when it denied Appellant’s motion to stay the proceedings to allow a court of another state to decide whether she is an heir based on a theory of constructive adoption. Further, we hold the trial court did not err by declining to add language to the order which Appellant contends will clarify its legal effect in the event it is considered by the court of another state. The order is AFFIRMED. Opinion by GOREE, J.; MITCHELL, P.J., and DOWNING, J., concur. April 9, 2024
121,440 – Cushing Hospitality, L.L.C., Plaintiff/Appellee, v. Hiren Patel, a/k/a Chico Patel, an individual, Defendant/Appellee. Appeal from the District Court of Payne County, Oklahoma. Honorable Phillip C. Corley, Trial Judge. Hiren Patel, Defendant/Appellant, seeks review of the June 12, 2023 Payne County District Court order granting, in part, the Motion for Summary Judgment of Cushing Hospitality, L.L.C., Plaintiff/Appellee. Cushing was awarded $1,856,107.65 (inclusive of costs and attorney fees) against CMP Construction, Inc. as a result of an arbitration award entered in November 2019. Patel voluntarily dissolved the corporation in June 2017, during arbitration proceedings with Cushing Hospitality. Cushing argued in its Motion for Summary Judgment that it should be permitted to pierce the corporate veil and seek satisfaction of the judgment against Hiren Patel personally. The district court agreed. The district court also denied Cushing’s summary judgment motion on an alter-ego theory against another company and denied Patel’s motion for summary judgment. AFFIRMED. Opinion by GOREE, J.; MITCHELL, P.J., concurs and DOWNING, J., dissents. April 9, 2024
Division IV
121,747 — In the Matter of N.S., an Alleged Deprived Child, Joshua Hynson, Appellant, vs. State of Oklahoma, Appellee. Appeal from the District Court of Haskell County, Hon. Brian Henderson, Trial Judge. Joshua Hynson (Father) appeals the trial court’s order terminating his parental rights to the minor child, N.S. The primary issues are whether State met its burden of presenting clear and convincing evidence to support the jury’s finding that termination was in the child’s best interests. Father also argues the statutory provisions at issue in this case were unconstitutionally vague. Based on our review of the record and applicable law, we affirm the order. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HIXON, J.; HUBER, P.J., and BLACKWELL, J., concur. April 10, 2024
120,951 – Café De L’Asie LLC, Plaintiff/Appellee, vs. Post 15, L.L.C., Defendant/Appellant. Appeal from the District Court of Oklahoma County, Hon. Sheila D. Stinson, Trial Judge. Defendant/appellant, Post 15, L.L.C., appeals the district court’s order granting summary judgment in favor of plaintiff/appellee, Café De L’Asie LLC (Café). After review of the record and applicable law, we find the district court did not err in granting summary judgment in favor of Café. Accordingly, the district court’s order on Café’s motion for summary judgment is affirmed. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HUBER, P.J.; HIXON, J., and BLACKWELL, J., concur. April 11, 2024
121,012 – In the Matter of the Estate of Elsie V. Pointer, Deceased, Julie Garcia, Appellant, vs. Patsy Pointer, Appellee. Appeal from the District Court of Grady County, Hon. Z. Joseph Young, Trial Judge. Julie Garcia, the sole legatee and devisee under the Last Will and Testament of Elsie V. Pointer, deceased, appeals a district court order finding Tim H. Pointer, deceased, the only child of Elsie V. Pointer, was a pretermitted heir and, as a pretermitted heir, was entitled to an intestate share, which in this case was 100% of Elsie’s Oklahoma estate. We find the district court did not err in finding Tim was a pretermitted heir and awarding Patsy Pointer, Tim’s heir-at-law, 100% of Elsie’s Oklahoma estate. We affirm the district court’s Order Admitting Will, Determining Heir-at-Law, Devisee, and Legatee, Appointing Personal Representative with Will Annexed, and Issuing Letters Testamentary. AFFIRMED. Opinion from Court of Civil Appeals, Division IV by HUBER, P.J.; HIXON, J., and BLACKWELL, J., concur. April 12, 2024
121,675 — Samsam Hassan, Plaintiff/Appellant, vs. Board of Review, Oklahoma Employment Security Commission, Appeal Tribunal Director, and Corecivic of Tennessee LLC, Defendants/Appellees. Appeal from the District Court of Hughes County, Hon. Trisha D. Smith, Trial Judge. Samsam Hassan (Claimant) appeals an order of the district court dismissing and affirming a decision of the Board of Review of the Oklahoma Employment Security Commission that denied Claimant’s motion to reopen the matter for another hearing. Based on our review, we reverse the district court’s order dismissing Claimant’s appeal and remand the matter for further proceedings. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS. Opinion from Court of Civil Appeals, Division IV, by HIXON, J.; HUBER, P.J., and BLACKWELL, J., concur. April 16, 2024