Dispositions Other Than By Published Opinion | April 6, 2022
Oklahoma Court of Civil Appeals
Division I
119,611 – Mysteri Lacreshia Kosmicki, Petitioner/Appellant, v. Christopher Paul Kosmicki, Respondent/Appellee. Appeal from the District Court of Carter County, Oklahoma. Honorable Thomas S. Baldwin, Trial Judge. Mysteri Lacreshia Kosmicki, Petitioner/Appellant, appeals an order modifying child custody favoring Christopher Paul Kosmicki, Respondent/Appellee. The order is not supported by evidence of a permanent, substantial and material change in circumstances affecting the best interests of the children, and it is not supported by evidence that the children would be better off if custody were changed. These evidentiary requirements are essential to an order modifying child custody. Gibbons v. Gibbons, 1968 OK 77, ¶12, 442 P.2d 482, 485; Daniel v. Daniel, 2001 OK 117, ¶17, 42 P.3d 863, 871. Applying the rationale of White v. White, 2007 OK 86, 173 P.3d 78, the trial court’s factual finding on disputed evidence that the parents made a settlement is not sufficient to satisfy the legal requirements for determining child custody. Reversed and Remanded. Opinion by GOREE, J.; BELL, P.J., and MITCHELL, V.C.J., (sitting by designation) concur. – March 30, 2022
118,680 – U.S. Bank National Association, as indenture trustee for Sasco Mortgage Loan Trust 2004-GEL 2 Mortgage Backed Notes, Series 2004-GEL 2, Plaintiff/Appellant, v. Carmela D. Hill, Defendant/Third-Party Plaintiff/Appellee/Counter-Appellant, v. Nationstar Mortgage, LLC, Third-Party Defendant/Appellant. Appeal from the District Court of Tulsa County, Oklahoma. This appeal arises from litigation begun in 2016 as a mortgage foreclosure action by Plaintiff/Appellant, U.S. Bank National Association, against Defendant/Third-Party Plaintiff/Appellee/Counter Appellant, Carmela D. Hill. Although U.S. Bank subsequently dismissed its foreclosure suit without prejudice, trial proceeded against U.S. Bank and its mortgage servicer, Third-Party Defendant/Appellant, Nationstar Mortgage LLC, on Ms. Hill’s multiple counterclaims. Following trial, the jury found U.S. Bank liable on Hill’s wrongful foreclosure (malicious prosecution) claim and Nationstar liable on her claims of breach of contract, tortious breach of contract, negligence and violation of both the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §1692 et seq., and Oklahoma Consumer Protection Act (OCPA), 15 O.S. 2011 §751 et seq. The jury awarded Hill actual damages of $225,000.00, statutory damages under the FDCPA of $1,000.00, and punitive damages of $225,000.00. The judgment was entered jointly against both defendants. The trial court subsequently awarded Hill $389,040.00 in attorney fees and $12,692.85 in costs. All three parties appeal. We dismiss that portion of Hill’s appeal seeking review of the trial court’s punitive damage ruling; reverse Hill’s judgment against U.S. Bank; reverse both the OCPA and FDCPA portions of the judgment against Nationstar, including the $1,000.00 award under the FDCPA; reverse the award of attorney fees; and reverse $1,223.39 of the trial court’s cost award to Hill. The reminder of the judgment is affirmed. HILL’S COUNTER PETITION IN ERROR DISMISSED IN PART; JUDGMENT AFFIRMED IN PART AND REVERSED IN PART. Opinion by BELL, P.J.; GOREE, J., and MITCHELL, V.C.J., (sitting by designation) concur.