Dispositions Other Than By Published Opinion | April 26, 2023

Oklahoma Court of Civil Appeals

Division I

120,054 – In Re the Marriage of John Ellis Holland, Petitioner/Appellee, v. April Lee Holland, Respondent/Appellant.  Appeal from the District Court of Okfuskee County, Oklahoma.  Honorable Lawrence W. Parrish, Judge. April Holland, Mother/Appellant, appeals an order modifying joint child custody.  The initial joint custody plan provided for alternating weeks of custody between the parents who live in different cities.  When the child reached four years of age the parents could not agree on a preschool and the trial court determined it would be in the child’s best interests for John Holland, Father/Appellee, to be primary custodian and have custody each weekday, the parties to alternate weekends, and Mother to have custody three hours each Wednesday night.  The decision was not clearly against the weight of the evidence and is affirmed.  Opinion by GOREE, P.J.; SWINTON, J., and DOWNING, J., concur. April 20, 2023


120,327 – Nancy V. Bruce, Petitioner/Appellant, v. Oklahoma Department of Environmental Quality, Respondent/Appellee.  Appeal from the District Court of Garfield County, Oklahoma.  Honorable Dennis W. Hladik, Trial Judge. Appellant, Nancy Bruce, seeks review of the Garfield County District Court order of March 14, 2022, in which the district court found the decision of the Oklahoma Department of Environmental Quality (DEQ) was free from prejudicial error. Appellant was found in violation of the environmental quality provisions in 27A O.S. Supp.2018 §1-3-101 et seq., relating to the Clean Air Act due to burning materials on her property, including hay, household trash, plastic and manure. A $1,500 administrative penalty was also issued against Appellant. For the reasons provided, we affirm the district court’s March 14, 2022 order.  Opinion by GOREE, P.J.; SWINTON, J., and BELL, J., (sitting by designation) concur. April 20, 2023

Division II


Division III


Division IV

120,338 – In the Matter of J.D., alleged deprived child:  Brittani Wright and Jermaine Denson, Appellants, vs. Carter County, State of Oklahoma, Appellee. Appeal from an Order of the District Court of Carter County, Hon. Carson M. Brooks, Trial Judge. The minor child J.D. was adjudicated deprived on August 26, 2021, and both parents, appellants here, had their rights to the child terminated on May 4, 2022. The parents argue that the trial court erred at all stages of the proceedings below by acting without jurisdiction, terminating their rights with insufficient evidence, and acting in contravention to their rights to due process. Because the record reflects no such errors, we affirm. AFFIRMED. Opinion from the Court of Civil Appeals, Division IV by BLACKWELL, P.J.; FISCHER, J., and BARNES, V.C.J. (sitting by designation), concur. April 20, 2023


119,956 – In the matter of D.C., I.C., G.C., alleged deprived children: Dustin Curtis, Appellant, vs. State of Oklahoma, Appellee. Appeal from Order of the District Court of Seminole County, Oklahoma, Hon. Christopher Anderson, Trial Judge.  Appellant Dustin Curtis appeals a post-adjudication order adjudicating his three minor children as deprived on the ground of sexual abuse or failure to protect from sexual abuse.  We find that competent evidence supports the district court’s findings that Dustin’s home is unfit due to allegations of sexual abuse or failure to protect from sexual abuse, that the children are deprived, and that it is in their best interests to be adjudicated deprived.  The district court’s order is affirmed.  AFFIRMED.  Opinion from Court of Civil Appeals, Division IV, by FISCHER, J.; BLACKWELL, P.J., and HIXON, J. (sitting by designation), concur. April 21, 2023