Dispositions Other Than By Published Opinion | April 8, 2026

Oklahoma Court of Civil Appeals

Division I

122,319 (Comp. w/ 122,320, 122,321, 122,323, 122,324, 122,325, 122,326, 122,327, 122,328 and 122,320) – Stack Pipeline, LLC, a  Delaware limited  liability  company, Plaintiff/Appellee, v. John L. Haffner, and Sandra A. Haffner, as joint tenants, Defendants/Appellants, and  Bank of Western Oklahoma; Board of County Commissioners of Logan County; Sherri Longnecker, Treasurer of Logan County, Defendants. Appeal from the District Court of Logan County, Oklahoma.  Honorable Phillip C. Corley, Trial Judge.  This appeal challenges five Orders entered by the trial court in this eminent domain/condemnation proceeding.  Stack Pipeline, LLC, (Plaintiff/Appellee) initiated the underlying action upon filing a Petition for Eminent Domain, seeking to condemn portions of multiple properties for the purpose of constructing and operating a crude oil pipeline.  John and Sandra Haffner (hereinafter referred to as either “the Haffners” or “Landowners”), as landowners subject to Stack’s proposed taking, objected to Stack’s Petition for Eminent Domain in the form of six “Exceptions” containing multiple sub-issues, each of which raised substantive and procedural issues regarding Stack’s compliance with applicable legal authority.  Stack filed five Motions for Partial Summary Judgment on each of Landowners’ respective Exceptions, and the trial court, ultimately, granted every Motion.  Opinion by PRINCE, J.; GOREE, P.J., and SWINTON, J., April 1, 2026


122,684 – Joshua Dale Hurst, a/k/a Jousha Dale Hurst, Plaintiff/Appellee/Counter-Appellant, v. Marie Anette Cribbs, Defendant/Appellant/Counter-Appellee. Appeal from the District Court of Stephens County, Oklahoma.  Honorable Lawrence Wheeler, Trial Judge. This is a second appeal from the underlying automobile negligence action between Plaintiff/Appellee, Joshua Dale Hurst, and Defendant/Appellant, Marie Anette Cribbs.  After the first trial, the jury returned a verdict in favor of Plaintiff against Defendant for $40,000.00.  Plaintiff appealed the jury’s verdict and the trial court’s judgment in Appellate Case No. 115,105 (Hurst I).  In Hurst I, the Oklahoma Court of Civil Appeals, Division III, reversed and remanded the case for a new trial on actual damages only.  The jury in the second trial returned a verdict in Plaintiff’s favor for actual damages in the amount of $25,000.00.  The trial court entered a journal entry of judgment in Plaintiff’s favor.  Plaintiff moved for an award of costs, attorney fees, and post-judgment interest under 12 O.S. 2021 §§3236 and 3237(D).  Following the second trial, the trial court awarded Plaintiff attorney fees of $263,900.00 and additional costs of $30,064.46.  Defendant appeals from the journal entry awarding attorney fees and additional costs as sanctions.  Plaintiff counter appeals from the jury’s verdict of $25,000.00.  The trial court’s judgment entered upon a jury verdict is affirmed.  The trial court’s judgment awarding sanctions is affirmed in part; reversed in part and remanded.   Opinion by BELL, J.; SWINTON, P.J., concurs and GOREE, J., concurs in part and dissents in part. April 3, 2026


122,932 – In the Matter of J.R.S., deprived child, The State of Oklahoma, Petitioner/Appellee, v. Bianca Sullinger, Respondent/Appellant. Appeal from the District Court of Pottawatomie County, Oklahoma.  Honorable David Cawthon, Trial Judge. Respondent/Appellant Bianca Sullinger appeals the order terminating her parental rights to A.J.S. (Child) due to failure to correct the conditions leading to the deprived adjudication and due to length of time in foster care. The State presented clear and convincing evidence supporting the grounds for termination and that termination was in Child’s best interests. We therefore affirm termination of Sullinger’s rights. Opinion by SWINTON, P.J.; BELL, J., and GOREE, J., concur. April 3, 2026


122, 933 – In the Matter of J.R.S., deprived child, The State of Oklahoma, Petitioner/Appellee, v. Bianca Sullinger, Respondent/Appellant. Appeal from the District Cort of Pottawatomie County, Oklahoma.  Honorable Tracy McDaniel, Trial Judge. Respondent/Appellant Bianca Sullinger (Mother) appeals from a judgment terminating her parental rights to J.R.S. because the conditions which led to deprived adjudication were the subject of a deprived adjudication involving J.R.S.’s older sibling, A.J.S., and for failure to correct the conditions leading to the deprived adjudication. Petitioner/Appellee the State of Oklahoma (State) presented clear and convincing evidence supporting the grounds for termination and showing that termination was in J.R.S.’s best interests. We therefore affirm but we remand with directions to the trial court to enter a new order which aligns with the jury’s findings on the conditions Mother failed to correct. Opinion by SWINTON, P.J.; BELL, J., and GOREE, J., concur. April 3, 2026


123,041 – In Re the Marriage of Christina Fogle, Petitioner/Appellee, v. Allan Fogle, Respondent/Appellant. Appeal from the District Court of Osage County, Oklahoma.  Honorable Burl Estes, Trial Judge.
Respondent/Appellant Allan Fogle (Father) appeals from an order denying his motion to modify child support concerning certain expenses related to the minor child he shares with Petitioner/Appellee Christina Fogle (Mother).  The sole issue on appeal is the division of responsibility for the minor child’s 4H expenses.  We affirm. Opinion by SWINTON, P.J.; BELL, J., and GOREE, J., concur. April 3, 2026


123,452 – Renea Ducharme and Raymond Ducharme, Plaintiff/Counter-Defendants/Appellants, v. Falconhead Property Owners Association, Inc., Defendant/Counterclaimant/Appellee. Appeal from the District Court of Love County, Oklahoma.  Honorable Todd Hicks, Trial Judge.  Plaintiffs/Counter-Defendants/Appellants Renea Ducharme and Raymond Ducharme appeal from summary judgment entered in favor of Defendant/ Counterclaimant/Appellee Falconhead Property Owners Association, Inc. (FPOA). Ducharmes own property in Phase 1, Unit 9 in the Falconhead Resort and Country Club development. Ducharmes challenged the validity of a vote to extend the term of the FPOA covenants and restrictions. The trial court granted partial summary judgment to FPOA and Ducharmes dismissed their remaining claims. The undisputed material facts show FPOA was entitled to judgment as a matter of law. The trial court’s conclusions of law adequately explain the decision and we therefore affirm by summary opinion under Oklahoma Supreme Court Rule 1.202(d). Opinion by SWINTON, P.J.; BELL, J., and GOREE, J., concur. April 3, 2026


123,677 – Suzy Blizzard and Matthew Blizzard, Plaintiffs/Appellants, v. Firstar Bank, Defendant/Appellee, and Jeana Steele and Joshua Steele, Defendants. Appeal from the District Court of Wagoner County.  Honorable Rebecca Hunter, Judge.  Plaintiffs/Appellants, Suzy Blizzard and Matthew Blizzard, appeal from the trial court’s grant of summary judgment in favor of Defendant/Appellee, Firstar Bank, in Plaintiffs’ action for breach of contract.  Bank loaned Plaintiffs money to purchase property containing a house, a detached garage and a barn.  After the property flooded, Plaintiffs filed this breach of contract action alleging Bank violated FEMA regulations and should have required Plaintiffs to obtain flood insurance.  The trial court granted judgment to Bank, holding the detached garage, which was in the floodplain, did not qualify as a “residential structure” under FEMA regulations.  We hold the trial court reached the correct result, but for the wrong reason.  Plaintiffs filed a single cause of action sounding in contract.  The contract upon which Plaintiffs rely is the Mortgage which secured their loan from Bank.  Specifically, Plaintiffs contend the Mortgage, “together with the FEMA floodplain regulations . . . ,” constitutes an agreement the Bank breached.  The Mortgage does not mandate Bank obtain – or require Plaintiffs purchase – flood insurance for the subject property.  Plaintiffs cannot impute such a requirement via reference to FEMA regulations.  As such, Plaintiffs have not demonstrated the existence of a contract in which Bank promised to provide them with flood insurance, and their breach of contract action fails as a matter of law.  AFFIRMED.  Opinion by BELL, J.; SWINTON, P.J., and GOREE, J., concur. April 3, 2026


123,322 – Life Assurance Company, Inc., Plaintiff, v. The First State Bank, Pond Creek, Defendant/Appellee, Stacy Denette Overton, Defendant, Jaylyn Ann-Marie Tyson and Jevan Jay Overton, Co-Personal Representatives of the Estate of Jay Overton, deceased, Defendants, Eric N. Edwards, Appellant. Appeal from the District Court of Grant County, Oklahoma.  Honorable Paul K. Woodward, Trial Judge. Appellant, Eric N. Edwards, appeals a sanction order.  Because the order does not adequately describe the conduct and does not sufficiently explain the amount, it is REVERSED AND REMANDED.  Opinion by GOREE, J.; SWINTON, P.J., and BELL, J., concur. April 6, 2026


Division II

121,771 – In the Marriage of Tara Barlean, Petitioner/Appellee, vs. Kelly Barlean, Respondent/Appellant.  Proceeding to Review an Order of the District Court of Pottawatomie County, Hon. Tracy McDaniel, Trial Judge.  Kelly Barlean (Husband) appeals the property division award entered in the parties’ October 2023 divorce decree.  Husband contends the district court failed to equitably divide the marital estate.  However, because the decree fails to determine and dispose of all marital assets subject to equitable division, there is no final determination of the parties which can be reduced to an appealable judgment, requiring that this appeal be dismissed.  APPEAL DISMISSED.  Opinion from the Court of Civil Appeals, Division II by FISCHER, J.; HIXON, C.J., and WISEMAN, P.J., concur. April 1, 2026


122,211 – NBC Oklahoma, a national banking association, Plaintiff/Appellee, vs. Howard Properties, Inc., an Oklahoma Corporation, Defendant/Appellant, and Joan Keeling; Kevin R. Postier, County Treasurer, Garfield County, Oklahoma; Board of County Commissioners, Garfield County, Oklahoma, and Unknown Tenants, Enid, Oklahoma, Defendants.  Appeal from the District Court of Garfield County, Honorable Paul K. Woodward, Trial Judge.  Howard Properties, Inc., appeals trial court orders denying its motion to dismiss for lack of service, granting summary judgment in favor of NBC Oklahoma for foreclosure, denying Howard Properties’ motion to vacate an order appointing a receiver, and approving a confirmation of sale.  We are asked to review whether the trial court erred in denying Howard Properties’ motion to dismiss, in granting NBC summary judgment on the note and mortgage, in issuing an order authorizing and approving the sale of real property or abused its discretion in denying its motion to vacate.  After review, we conclude it did not, and we affirm.  AFFIRMED.  Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; HIXON, C.J., and FISCHER, J., concur. April 2, 2026


121,913 – In the Matter of J.K.M. and M.J.S.M., alleged deprived children: Whitney Runnels, Appellant, vs. State of Oklahoma, Appellee. Proceeding to review an Order of the District Court of Oklahoma County, Hon. T. Todd Hicks, Trial Judge. Whitney Runnels (Mother) appeals the district court’s order terminating her parental rights to minor children J.K.M. and M.J.S.M. The record contains sufficient evidence to support the district court’s findings that the State proved the grounds for termination and that termination was in the children’s best interests by clear and convincing evidence. Further, Mother’s arguments regarding reasonable efforts and the service of the State’s amended petition for termination do not warrant relief. The district court’s order is affirmed. AFFIRMED. Opinion from the Court of Civil Appeals, Division II by FISCHER, J.; HIXON, C.J., and WISEMAN, P.J., concur. April 6, 2026


Division III


Division IV