Dispositions Other Than By Published Opinion | April 3, 2024

March 29, 2024

Oklahoma Court of Civil Appeals

Division I

120,713 – James Taylor, Plaintiff/Appellee, v. Terry Steven Vanderpool, Defendant/Appellant. Appeal from the District Court of Cherokee County, Oklahoma. Honorable Joshua C. King, Trial Judge. Defendant/Appellant, Terry Steven Vanderpool, seeks review of the trial court’s August 24, 2022, Order, which found Vanderpool liable for breach of contract, tortious interference, and breach of warranty, and awarded Plaintiff/Appellee, James Taylor, actual and punitive damages in the total amount of $129,715, in addition to an award of attorney’s fees. We affirm the trial court’s finding that Vanderpool breached his contract with Taylor by failing to transfer the residential portion of his business, and that Vanderpool tortuously interfered with Taylor’s business relations when he continued to service the residential customers after the sale. The trial court’s finding that Vanderpool breached an express warranty is reversed and the award of $6,715 is vacated. The trial court’s award of actual damages, punitive damages, and attorney’s fees are all REVERSED ANN VACATED. The trial court’s denial of the Motion to Reconsider also is REVERSED. We REMAND THE CASE FOR NEW TRIAL solely with respect to what amount to award as actual damages, such trial to further be subject to the other holdings in this Opinion. Opinion by PRINCE, J.; BELL, V.C.J., and SWINTON, P.J., concur.

120,964 – Labexar, LLC, as a member of and derivatively on behalf of Post Trust, LLC, & CD Lewis, LLC, Plaintiff/Appellee, vs. Ala’Meen Holdings, Llc, as a Member of Post Trust, LLC, & as a Member of CD Lewis, LLC, & Adnansheikh, individually, Defendants, Associated Mortgage Corporation, Intervenor/Appellant, First State Bank of Talequah, Heera Sheikh and T-Downtown Development, LLC, Intervenors, Ala’meen Holdings, LLC and Adnan Sheikh, Plaintifffs, vs. Timothy Janak, Defendant. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Daman H. Cantrell, Trial Judge. Intervenor/Appellant, Associated Mortgage Company, appeals from the trial court’s Orders denying both AMC’s Motion to Set Aside, Strike, or Vacate Purported Dismissals and Motion for New Trial. We find the trial court erred in its denial of AMC’s Motion to Vacate. Accordingly, the trial court’s orders of February 18, 2022, and December 6, 2022, are REVERSED and the September dismissals with prejudice of September 22, 2021, are vacated. The case is further REMANDED to the trial court for further proceedings consistent with this Opinion. Opinion by PRINCE, J.; BELL, V.C.J., and SWINTON, P.J., concur.

121,159 – In Re the Marriage of: Marisol Ibarra-Hass, Petitioner/Appellee, v. Danny J. Hass, Respondent/Appellant. Appeal from the District Court of Tulsa County, Oklahoma. Honorable April Seibert, Trial Judge. Respondent/Appellant, Danny J. Hass (Father), appeals from the trial court’s order denying Father’s motion to deem contempt purged. After a jury trial, the jury found Father guilty of indirect contempt of court, beyond a reasonable doubt, for failure to pay child support. The trial court entered a judgment holding Father in indirect contempt of court and sentenced Father to 45 days “flat time” in the Tulsa County jail, plus $500.00 in fines. The court did not set a purge fee. Father appealed from the judgment and sentence. The Court of Civil Appeals, in Appellate Case No. 118,568, affirmed the contempt conviction and the 45-day jail sentence. Certiorari was denied and the case was mandated. Father moved to deem the contempt purged on the basis that Father paid the past due child support. The trial court denied the motion. The order recites findings of fact and conclusions of law in support of its determination that the contempt citation and sentence of imprisonment were penal in nature and the sentence of 45 days was for a definite period-of-time meant to punish Father for his willful violation of court orders; therefore, this punishment cannot be purged other than by service of the sentence. After reviewing the record and the trial court’s order, we AFFIRM under Rule 1.202(d), Oklahoma Supreme Court Rules, 12 O.S. 2021 Ch. 15, App. Opinion by BELL, V.C.J.; SWINTON, P.J., and PRINCE, J., concur.

121.186 – In Re the Marriage of: Marisol Ibarra-Hass, Petitioner/Appellee, v. Danny J. Hass, Respondent/Appellant. Appeal from the District Court of Tulsa County, Oklahoma. Honorable April Seibert, Trial Judge. Respondent/Appellant, Danny J. Hass (Father), appeals from the trial court’s order denying Father’s petition to vacate the 2020 judgment finding Father in indirect contempt of court for failure to pay child support and sentence. The trial court entered the judgment and sentence after a jury trial. The trial court’s order which is the subject of this appeal entered findings of fact and conclusions of law supporting its determination that the 2020 judgment and sentence is not void on its face. The court’s order also held Father is procedurally barred from attempting to vacate the 2020 judgment and sentence. After reviewing the record and the trial court’s order, we AFFIRM under Rule 1.202(d), Oklahoma Supreme Court Rules, 12 O.S. 2021 Ch. 15, App. Opinion by BELL, V.C.J.; SWINTON, P.J., and PRINCE, J., concur.

121,576 – In the Matter of the Adoption of S.G.D., a minor child, Jack Edward Ulmer and Nicole Christine Ulmer, Appellants, v. Noah Ian Day, Appellee. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Kurt G. Glassco, Trial Judge. This is an appeal from an order denying an application for an order determining a minor child eligible for adoption without the consent of biological father, Respondent/Appellee, Noah Ian Day, (Father). Petitioners/Appellants, Jack Edward Ulmer and Nicole Christine Ulmer, are the maternal aunt and uncle and legal guardians of the child (Guardians). The child has been in Guardians’ physical custody since she was nine (9) days old. Guardians obtained legal custody of the child when she was two (2) months old. Guardians filed the petition to adopt the child in the Tulsa County District Court, State of Oklahoma, on March 3, 2023. The child was eighteen (18) months old by the time of trial. Father has never met, telephoned, or had any contact whatsoever with the child. Father last saw the child, on a facetime video, when the child was nine (9) days old. Guardians alleged Father’s consent was unnecessary because Father failed to establish or maintain a relationship with his child for twelve (12) out of the last fourteen (14) months prior to receiving notice of the petition for adoption. The trial court held Guardians failed to meet the required statutory burden and denied their application for adoption without consent. Considering Matter of Adoption of L.B.L., 2023 OK 48, 529 P.3d 175, we hold Guardians met their burden to show Father failed to establish and/or maintain a substantial positive relationship with the child. The clear and convincing evidence showed Father had no actual contact with the child for twelve (12) consecutive months out of the last fourteen (14) months prior to receiving notice of the petition for adoption. The clear and convincing evidence also showed that Guardians refused visitation because Father had not completed a mental health assessment – which was ordered by the guardianship court’s standards of conduct – prior to seeking visitation. Accordingly, we hold the trial court held contrary to the clear and convincing evidence when it denied Guardians’ application to proceed with the adoption without Father’s consent. The trial court’s order is REVERSED and this matter is REMANDED to the trial court to enter an order permitting Guardians to proceed with the adoption without Father’s consent. Opinion by BELL, V.C.J.; SWINTON, P.J., concurs and PRINCE, J., dissents.

Division II

120,871 – Jeana Osborn, Plaintiff/Counterclaim Defendant/Appellant, v. Debra Diane Stiger, Defendant/Counterclaim Plaintiff/Cross-Claim Plaintiff/Appellee, v. Kevin Osborn, Cross-Claim Defendant/Appellant. Appeal from the District Court of Oklahoma County, Hon. Susan Stallings, Trial Judge. Jeana and Kevin Osborn appeal from the district court’s judgment filed on October 25, 2022, finding in favor of Debra Diane Stiger on her breach of contract and fraud theories of liability, and entering judgment in her favor. The Osborns’ assertions on appeal fail to justify reversal of the court’s judgment. Therefore, we affirm. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by BARNES, C.J.; WISEMAN, P.J., and FISCHER, J., concur. March 27, 2024

121,326 – In the Matter of W.B., A.B., W.B., Alleged Deprived Children: Robert Baker, Appellant, v. State of Oklahoma, Appellee. Appeal from the District Court of Caddo County, Hon. David A. Stephens, Trial Judge. In this termination of parental rights proceeding involving an Indian family, Robert Baker (Father) appeals from an order entered on a jury verdict terminating his paternal rights to the minor children W.B., A.B., W.B. Based on our de novo review of the record, we conclude the State of Oklahoma failed to present proof beyond a reasonable doubt that Father’s continued custody of the children is likely to result in serious emotional or physical damage to the children pursuant to 25 U.S.C. § 1912(f) (2018); thus, the court’s order terminating Father’s parental rights must be reversed. Pursuant to 10A O.S. 2021 § 1-4-908, the court continues its jurisdiction over the children. Accordingly, we reverse and remand for further proceedings. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS. Opinion from Court of Civil Appeals, Division II, by BARNES, C.J.; WISEMAN, P.J., and FISCHER, J., concur. April 1, 2024

121,335 (Companion with Case No. 121,339) – Glenn Bonds, Plaintiff/Appellee, v. Falconhead Property Owners Association, Inc., Defendant/Appellant. Appeal from the District Court of Love County, Hon. Todd Hicks, Trial Judge. Falconhead Property Owners Association, Inc. (FPOA) seeks review of a portion of the district court’s May 2023 order sustaining Glenn Bonds’ motion for partial summary judgment and declaring “that the only covenants, conditions and/or restrictions enforceable against [Mr. Bonds] are those of record which specifically reference and include Condominium Site #1, or [Mr. Bonds’] property.” Because no justiciable controversy has been presented in this regard, the court’s jurisdiction under the Declaratory Judgments Act was not properly invoked to decide this issue. Consequently, that portion of the court’s May 2023 order is vacated. VACATED IN PART. Opinion from Court of Civil Appeals, Division II, by BARNES, C.J.; WISEMAN, P.J., and FISCHER, J., concur. April 2, 2024

121,339 (Companion with Case No. 121,335) – Glenn Bonds, Plaintiff/Appellant, v. Falconhead Property Owners Association, Inc., Defendant/Appellee. Appeal from the District Court of Love County, Hon. Todd Hicks, Trial Judge. Glenn Bonds seeks review of the district court’s order filed in September 2022 granting partial summary adjudication in favor of Falconhead Property Owners Association, Inc. (FPOA) on the issue of Mr. Bonds’ membership in FPOA. Undisputed facts support the district court’s determination that Mr. Bonds, as a condominium owner in the Falconhead development, has FPOA membership that is appurtenant to the land. The district court’s award of partial summary judgment on this issue is, therefore, affirmed. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by BARNES, C.J.; WISEMAN, P.J., concurs, and FISCHER, J., concurs in result. April 2, 2024

121,081 – In re the Marriage of: Maggie Marie Patterson, Petitioner/Appellant, v. Justin Michael Patterson, Respondent/Appellee. Appeal from the District Court of Logan County, Hon. Susan C. Worthington, Trial Judge. Petitioner appeals from the district court’s order finding Respondent not guilty of indirect contempt. However, no record of the contempt hearing has been provided on appeal. Therefore, Petitioner has failed to provide a record on appeal that might demonstrate the trial court’s presumptively correct decision is wrong. For this and other reasons, we affirm the district court’s order finding Respondent not guilty of indirect contempt. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by BARNES, C.J.; WISEMAN, P.J., and FISCHER, J., concur. April 2, 2024

Division III

121,461 – Emma J. Pruegert, Z.R., S.J. and R.A., minor children, Petitioners/Appellees, v. James J. Pruegert, Respondent/Appellant. Appeal from the District Court of Wagoner County, Oklahoma. Honorable Rebecca Hunter, Trial Judge. James J. Pruegert (Father) appeals from the trial court’s orders granting Emma J. Pruegert (Mother) a protective order against Father and awarding her attorney fees. Mother and Father were in the process of a divorce, when the trial court granted her an emergency protective order against Father. Mother alleged Father threw a large toy at Mother that broke the television in the living room, put a hole in the bathroom wall with his head, broke the kitchen table, and caused their nine-year-old child to be burned with a torch when Father was starting a fire. A hearing was held on March 28, 2023, wherein the trial court determined there was no finding of domestic abuse or stalking of Mother or the minor children and extended the protective order through March 25, 2024. The protective order case was consolidated with the parties’ divorce action. Father was ordered to facilitate a domestic violence and mental health assessment and follow any recommendations therefrom. The trial court ordered that visitation be modified to require supervision coordinated by Father. Upon application, the trial court also granted Mother’s request for attorney fees. After a thorough review of the record, we AFFIRM. Opinion by DOWNING, J.; MITCHELL, P.J., concurs and GOREE, J., concurs specially.

121,554 – TMI Trust Company, a Florida Trust Company, as successor-by merger to Reliance Trust Company, a Georgia Bank and Trust Company, Plaintiff/Appellee, v. Full Gospel Family Outreach Ministries, Inc., an Oklahoma not for profit corporation, Defendant/Appellant, and John B. Linford, Trustee for Subordinate Mortgage Bondholders; The City of Tulsa; and John M. Forthergill, Tulsa County Treasurer, Defendants. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Kelly Greenough, Judge. Defendant/Appellant Full Gospel Family Outreach Ministries, Inc. (Church) appeals from the trial court’s order granting summary judgment to Plaintiff/Appellee TMI Trust Company (Bond Trustee). Bond Trustee sought a judgment for outstanding principal and interest and foreclosure of its mortgage, alleging Church defaulted on a bond debt. After de novo review, we find the court erred by granting summary judgment because there are disputed questions of material fact concerning the formation, enforceability, and interpretation of the parties’ agreements and their performances thereunder. Accordingly, we REVERSE and REMAND. Opinion by MITCHELL, P.J.; GOREE, J., and DOWNING, J., concur.

121,586 – In the Matter of: E.S.C.B. & K.A.-L.B., alleged deprived children, Felishia Whetstone, Appellant, v. The State of Oklahoma, Appellee. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Theresa Dreiling, Trial Judge. Felishia Whetstone (Mother) appeals the trial court’s Order filed August 8, 2023 terminating her parental rights as to E.B. and K.B. Mother raises a single proposition of error wherein she challenges the sufficiency of the evidence supporting the termination of her parental rights. Counsel for Mother was ordered by the Oklahoma Supreme Court to file an Amended Petition in Error attaching a certified copy of the order being appealed no later than September 28, 2023. Counsel did not comply with this Order. Counsel was again ordered, by this Court, to file an Amended Petition in Error no later than March 15, 2024. Counsel has again failed to comply with this Order. For these reasons, this appeal is dismissed. See Okla. Sup. Ct. R. 1.2, 12 O.S.2021, Ch. 15, App. 1. Even if counsel had complied with the orders of the Supreme Court and this Court, Mother’s appeal would not have succeeded as clear and convincing evidence supports the termination of Mother’s parental rights. Opinion by DOWNING, J.; MITCHELL, P.J., concurs and GOREE, J., concurs in result.

Division IV

121,655 – Jamie W. Gray, Plaintiff/Appellant, vs. State of Oklahoma, ex rel. Service Oklahoma, Defendant/Appellee. Appeal from the District Court of Oklahoma County, Hon. April Collins, Trial Judge. Jamie W. Gray (Plaintiff) appeals the district court’s order sustaining the revocation of his driver’s license by Service Oklahoma (Defendant). The issue is whether Plaintiff’s driver’s license was erroneously revoked when at the hearing before the district court, Defendant failed to present an admissible chemical test showing Plaintiff was operating a motor vehicle with a blood or breath alcohol concentration of eight-hundredths (0.08) or more, though the arresting officer’s testimony showed a reasonable belief that Plaintiff was under the influence of alcohol at the time of his arrest. Based on our review of the record and applicable law, we reverse. REVERSED. Opinion from Court of Civil Appeals, Division IV, by HIXON, J.; HUBER, P.J., and BLACKWELL, J., concur. March 28, 2024

121,441 – The Tabernacle Baptist Church of Oklahoma City, Inc., a non-profit benevolent religious corporation, by and through its Board of Deacons, Don A. Williams, President; Edward Payton; Robert Nicholson, Roderick L. Bruner, Eddie H. Perkins, and Melroy Lee, Members, Plaintiffs/Appellees, vs. Ira Joan Mitchell, Richard Palmer, Dorthea Forshee, and Georgietta Spivey, Defendants/Appellants. Appeal from an Order of the District Court of Oklahoma County, Hon. Sheila Stinson, District Judge. The defendants, the above-named members of the board of trustees at the Tabernacle Baptist Church, appeal the court’s decision granting summary judgment in favor of the plaintiffs, The Tabernacle Baptist Church of Oklahoma City, Inc. (Tabernacle) and members of its board of deacons (the Deacons). Upon review, we find that the court properly granted the plaintiffs’ motion for summary judgment on all claims. AFFIRMED. Opinion from the Court of Civil Appeals, Division IV by BLACKWELL, J.; HUBER, P.J., and HIXON, J., concur. March 28, 2024

Posted in Dispositions Other Than By Published Opinion and tagged Dispositions, Dispositions Other Than By Published Opinions, Oklahoma Court of Civil Appeals