Dispositions Other Than By Published Opinion | Aug. 14, 2024
Oklahoma Court of Civil Appeals
Division I
121,244 – Johana Lopez and Edith Torres, Plaintiffs/Appellees, v. Jeremiah Scholl and Roberta Scholl, Defendants/Appellants. Appeal from the District Court of Muskogee County. Honorable Timothy L. King, Judge. Defendants/Appellants, Jeremiah Scholl and Roberta Scholl, appeal from the trial court’s grant of summary judgment in favor of Plaintiffs/Appellees, Johana Lopez and Edith Torres, in Plaintiffs’ action to quiet title to real property acquired through a tax resale deed. Defendants were the owners of a house and real property located in Muskogee. As of the date of the trial proceedings below, Defendants continued to occupy the home. In June 2019, Phillip Russell Sain purchased the property from the Muskogee County Treasurer via a County Treasurer’s Resale Deed. Defendants admittedly failed to pay assessed property taxes for tax years 2016, 2017 and 2018. Sain sold his interests in the property to John Paul Cruz, who then transferred his interests to Plaintiffs, who filed the present quiet title action in October 2021. Both sides moved for summary judgment, which the trial court granted in favor of Plaintiffs. Defendants now appeal. Upon de novo review of the instant record, we hold there exists no genuine controversy as to any material fact and that Plaintiffs are entitled to judgment as a matter of law. We further conclude the trial court’s findings of fact and conclusions of law are supported by sufficient competent evidence and adequately explain the decision. Plaintiff Lopez’s motion to dismiss appeal is deemed moot. AFFIRMED UNDER RULE 1.202(b) & (d). Opinion by BELL, V.C.J.; SWINTON, P.J., and PRINCE, J., concur. August 8, 2024.
121,317 – Tyrone Bradley, III, Plaintiff/Appellee, v. Emily Holcomb, Defendant/Appellant. Appeal from the District Court of Cherokee County, Oklahoma. Honorable Jerry S. Moore, Trial Judge. Plaintiff/Appellant Emily Holcombe (Mother) appeals from an order modifying custody of the parties’ minor child, granting Defendant/Appellee Tyrone Bradley, III (Father) primary custody. Because the trial court did not consider evidence of domestic violence pursuant to 43 O.S. § 109.3 and the award of joint custody with primary custody to Father was against the clear weight of the evidence, we reverse. Opinion by Swinton, P.J.; BELL, V.C.J., and PRINCE, J., concur. August 7, 2024
Division II
Division III
121,573 – In the Matter of the Estate of Ruth Elaine McKinney, Deceased, Jason Mathew Smith, Appellant, vs. Shannon Kay Dark & Brady Donovan Smith, Appellees. Appeal from the District Court of Seminole County, Oklahoma. Honorable Brett Butner, Trial Judge. The Will of Ruth McKinney (McKinney) was admitted to probate on July 7, 2022. A hearing was set for August 1, 2023 for the determination of heirs, the distribution of the estate and discharge of co-personal representatives. The Final Decree was entered that same day. Appellant, Jason Smith (Smith), sought a continuance on August 1, 2023, seeking an opportunity to explore the validity of the Will. A hearing was conducted on August 2, 2023 and the trial court denied the motion. Smith appeals. We AFFIRM. Opinion by DOWNING, J.; MITCHELL, P.J., and GOREE, J., concur. August 09, 2024
121,659 – In the Matter of F.B., alleged deprived child, Gelenda Bhuiyan, Appellant, vs. State of Oklahoma, Appellee. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Charles Kevin Morrison, Trial Judge. Glenda Bhuiyan, Appellant, appeals an order terminating her parental rights to F.B. Clear and convincing evidence supports the court’s findings that she failed to correct the conditions that led to the child’s deprived adjudication, and termination is in the child’s best interest. Further, mother failed to appear for jury trial and the court did not abuse its discretion when proceeded with a nonjury trial. The order terminating parental rights is AFFIRMED. Opinion by GOREE, J.; MITCHELL, P.J., and DOWNING, J., concur. August 09, 2024
121,679 – Angela K. Morrow d/b/a Angie’s Pilot Car Service, Plaintiff/Appellant v. AXH Air-Coolers, L.L.C., Defendant/Appellee, and Oklahoma Specialized Transport, L.L.C. and Danny J. Womack, Defendants. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Kelly Greenough, Trial Judge. Plaintiff/Appellant, Angela Morrow (d/b/a Angie’s Pilot Car Service), seeks review of the Tulsa County District Court order granting summary judgment and order awarding attorney fees and costs in favor of Defendant/Appellee, AXH Air-Coolers, L.L.C. We affirm both the summary judgment and the fees and costs orders. AFFIRMED. Opinion by GOREE, J.; MITCHELL, P.J., and DOWNING, J., concur. August 09, 2024
121,919 – Steven L. Holcombe, Plaintiff/Appellant, v. City of Pawhuska, Oklahoma, a municipal corporation, Defendant/Appellee. Appeal from the District Court of Osage County, Oklahoma. Honorable Burl O. Estes, Trial Judge. Steven L. Holcombe, Plaintiff/Appellant, appeals an order dismissing his petition against the City of Pawhuska, Defendant/Appellee, for lack of standing and failure to state a claim. Plaintiff alleges he is a qualified voter and that the election procedures of the City’s Charter violate the Free and Equal Election clause of Article 3, Section 5 of the Oklahoma Constitution. Because a declaratory judgment is a cognizable legal theory to seek this relief, and the allegations of the petition are sufficient under the Oklahoma Pleading Code, the order is REVERSED. Opinion by GOREE, J.; MITCHELL, P.J., concurs and DOWNING, J., dissents. August 09, 2024
Division IV
120,904 – Heidi McGill, Plaintiff/Appellant, vs. Bob Moore Dodge Chrysler Jeep, L.L.C., Defendant/Appellee. Appeal from the District Court of Oklahoma County, Hon. Natalie Mai, Trial Judge. Plaintiff, Heidi McGill, appeals the district court’s Findings of Fact and Conclusions of Law on Defendant’s Motion to Compel Arbitration granting, in part, the motion to arbitrate of defendant, Bob Moore Dodge Chrysler Jeep, L.L.C. We find the district court’s Findings of Fact and Conclusions of Law on Defendant’s Motion to Compel Arbitration granting, in part, Bob Moore’s motion to compel arbitration and reserving the issues of fraud in the inducement and duress is not a final order because it does not completely dispose of all issues. The district court’s decision fails to resolve crucial disputed issues of fact relating to whether the parties had a valid, enforceable agreement to arbitrate and whether the parties are bound to such an agreement. This appeal is dismissed without prejudice to a timely recommencement after judgment or a final order has been rendered in this case. APPEAL DISMISSED. Opinion from Court of Civil Appeals, Division IV, by HUBER, P.J.; HIXON, J., and BLACKWELL, J., concur. August 9, 2024
121,347 – Amy Gustafson, Plaintiff/Appellant, vs. Ian Rupert, an individual; Ian’s Enterprise, LLC, and American Airlines Federal Credit Union, Defendants/ Appellees. Appeal from the District Court of Oklahoma County, Hon. Don Andrews, Trial Judge. Amy Gustafson (Gustafson) appeals the trial court’s order compelling arbitration. The dispositive issue is whether a mandatory arbitration clause in a pubic insurance adjuster contract is unenforceable under 12 O.S.2021, § 1855(D) because the contract references insurance. Because the contract does not reference insurance in the manner intended by § 1855(D) and the McCarren-Ferguson Act, the arbitration clause is enforceable. The trial court’s order compelling arbitration is therefore affirmed. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HIXON, J.; HUBER, P.J., concurs, and BLACKWELL, J., dissents. August 9, 2024
121,396 – Talala Properties, LLC, Plaintiff/Appellant, vs. City of El Reno, Oklahoma, Defendant/Appellee. Appeal from the District Court of Canadian County, Hon. Khristan K. Strubhar, Trial Judge. Plaintiff/Appellant, Talala Properties, LLC, appeals the district court’s order granting summary judgment in favor of defendant/appellee, City of El Reno, Oklahoma. After review of the record and applicable law, we find the district court did not err in granting summary judgment in favor of El Reno. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HUBER, P.J.; HIXON, J., and BLACKWELL, J., concur. August 9, 2024
121,311 – In the Matter of E.H., Alleged Deprived Child: Tia Hawthorne, Appellant, vs. The State of Oklahoma, Appellee. Appeal from the District Court of Oklahoma County, Hon. Kaitlyn Allen, Trial Judge. Tia Hawthorne appeals the trial court’s order terminating her parental rights to minor child, E.H. She alleges State did not present sufficient evidence to support termination at trial, that alleged hearsay was improperly admitted, and that her equal protection rights were violated. 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. August 12, 2024