Dispositions Other Than By Published Opinion | Aug. 19, 2026
Oklahoma Court of Civil Appeals
Division I
123,318 – In the marriage of Rachel J. Steward, Petitioner/Appellant, v. Stephen Steward, Respondent/Appellee. Appeal from the District Court of Rogers County, Oklahoma. Honorable Melanie Lander, Trial Judge. Petitioner/Appellant, Rachel J. Steward (Mother), filed for divorce from Respondent/Appellee, Stephen Steward (Father), in October 2020, shortly after Mother obtained an emergency protective order against Father. Mother sought sole custody of the two children born during the marriage and standard visitation for Father. Father sought joint custody of the children. The parties were awarded temporary joint custody. Approximately four years later, the custody merits trial occurred. Both parties testified. At the conclusion of trial, the court awarded the parties joint custody. Mother appealed arguing the trial court held contrary to 43 O.S. 2021 §109.3(I) because it failed to find Father domestically abused Mother, failed to award Mother sole custody and failed to order supervised visitation. After reviewing the pleadings, the transcripts of trial and the trial court’s Decision and decree, this Court affirms the trial court’s decree awarding joint custody to the parties. Opinion by BELL, J.; SWINTON, P.J., and GOREE, J., concur. August 14, 2026
123,939 – Greg James and Cole James, Plaintiffs/Appellants, v. Leslie W. Edgar and Christopher D. Edgar, Defendants/Appellees. Appeal from the District Court of Pittsburg County, Honorable Tim Mills, Judge. Plaintiffs/Appellants, Greg James and Cole James, appeal from the trial court’s grant of summary judgment in favor of Defendants/Appellees, Leslie W. Edgar and Christopher D. Edgar, in Plaintiffs’ action for an easement across Defendants’ property. Plaintiffs own 160 acres of rural property in Pittsburg County. The land has been used exclusively for grazing cattle since about 1971. Defendants own two acres of land abutting the northeast side of Plaintiffs’ property. It is undisputed that since at least 1975, Plaintiffs and their predecessor have had unobstructed access and verbal permission to use Defendants’ driveway to access their property from a county road. Plaintiffs filed the present action seeking an easement by necessity or, alternatively, a private condemned easement pursuant to 27 O.S. 2021 §6 across Defendants’ driveway. With respect to their first cause of action, Plaintiffs cannot prove the “unity of title” element of a common law easement by necessity because the only common grantor of Plaintiffs’ and Defendants’ property was the government. Concerning Plaintiffs alternative cause of action for a private condemned easement pursuant to §6, the record supports the trial court’s determination that Plaintiffs cannot prove a “present necessity” for the easement. Based on the nature of their property, Plaintiffs have not proven that “legal” access across Defendants’ driveway is necessary to have effective use and reasonable enjoyment of their pastureland. Upon de novo review, we hold there exists no genuine controversy as to any material fact and that Defendants are entitled to judgment as a matter of law. AFFIRMED. Opinion by BELL, J.; SWINTON, P.J., and GOREE, J., concur. August 14, 2026
Division II
123,749 – In the Matter of C.S. and G.S., Alleged Deprived Children, Caleb Jordan Springer, Appellant, vs. State of Oklahoma, Appellee. Appeal from the District Court of Pottawatomie County, Hon. Tracy McDaniel Trial Judge. Caleb Jordan Springer (Father) appeals an order of the trial court adjudicating minor children C.S. and G.S. deprived on grounds of physical abuse and lack of proper parental care and guardianship. Father contends that the trial court violated his due process rights by failing to comply with provisions of the Indian Child Welfare Act (ICWA), 25 U.S.C. §§ 1901 et seq., when it removed the children from parents’ home and by failing to make active efforts to prevent the breakup of the Indian family. Father also contends State’s adjudication of the children as deprived must be reversed because State failed to make the required showing by clear and convincing evidence that continued custody by Father would likely result in serious emotional or physical damage to the children pursuant to ICWA, 25 U.S.C. § 1912(e) (2024). On review of the record, the law and the briefs on appeal, we find that the trial court’s adjudication of the children as deprived is not supported by clear and convincing evidence and that Court’s Adjudication Order must be reversed at to Father. REVERSED. Opinion from Court of Civil Appeals, Division II, by HIXON, C.J.; WISEMAN, P.J., and FISCHER, J., concur. August 14, 2026
123,114 – Glenn Bonds, Plaintiff/Appellee, v. Falconhead Property Owners Association, Inc., Defendant/Appellant. Proceeding to review an Order of the District Court of Love County, Hon. Todd Hicks. Falconhead Property Owners Association, Inc. (FPOA), appeals from the district court’s Order Awarding Fees and Costs. Although the court awarded FPOA certain fees and costs, FPOA’s request for additional fees and costs was denied. FPOA advances numerous propositions on appeal, which present five distinct issues: whether statutory authority exists for an award of trial-level attorney fees; whether FPOA’s governing documents supply contractual authority for such an award; whether the trial court erred in declining to exercise its inherent equitable authority to award fees; whether the fees FPOA requested were reasonable; and whether the trial court erred in limiting FPOA’s recovery of costs. Because we conclude no error occurred regarding any of these issues, we affirm. AFFIRMED. Opinion from the Court of Civil Appeals, Division IV, by BARNES, J.; BLACKWELL, P.J., and HUBER, J., concur. August 18, 202
122,187 – Skyline Mobile Home Park OKC, LLC, Plaintiff/Appellant, vs. Theresa Zabel, Defendant/Appellee. Proceeding to review an Order of the District Court of Oklahoma County, Hon. Brooke Holman, Trial Judge. Theresa Zabel (Zabel) appeals the district court’s journal entry of judgment entered in favor of Skyline Mobile Home Park OKC, LLC (Skyline) in this action for forcible entry and detainer. On appeal, Zabel argues the district court lacked subject matter jurisdiction to enter the judgment, erred by allowing Skyline to recover what she now alleges was an unlawful penalty, and erred by admitting certain evidence. Because we reject these claims of error, we affirm the judgment. AFFIRMED. Opinion from the Court of Civil Appeals, Division II by FISCHER, J.; HIXON, C.J., and WISEMAN, P.J., concur. August 18, 2026
123,815 – Mathew August Montgomery, Plaintiff/Appellant, vs. Koss Construction Company, Direct Traffic Control, Inc., and Craig & Keithline, Inc., Defendants/Appellees. Appeal from the District Court of Muskogee County, Hon. Orvil Loge, Trial Judge. Mathew August Montgomery (Montgomery) appeals the district court’s Order granting summary judgment in favor of Koss Construction Company, Direct Traffic Control, Inc. and Craig & Keithline, Inc. (collectively, Defendants). Montgomery was injured when he was rear-ended by a distracted driver who failed to stop despite congested highway traffic. The construction zone was designed, constructed, and controlled by Defendants. Montgomery sued Defendants for negligence, seeking lost wages, compensation for mental anguish, and medical expenses, claiming Defendants created the hazard (traffic congestion) that caused or contributed to the accident. Defendants moved for summary judgment, asserting the distracted driver’s acts were an intervening cause of the accident, relieving them of liability for their alleged negligence. Based on our review of the briefs and appellate record, we affirm the district court’s Order. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by HIXON, C.J.; WISEMAN, P.J., and FISCHER, J., concur. August 18, 2026
Division III
123,372 – Benny Franklin Coffey, a/k/a Benny F. Coffey, a/k/a Benny Coffey, Plaintiff/Appellant, v. Bennie W. Coffey, Jr., a/k/a Benny W. Coffey; Brooklyn M. Chaffin, a/k/a Brooklyn M. Coffey; Jessica Wootton, if said Defendant is living, but in the alternative, if dead, then the respective unknown heirs, executors, administrators, devisees, successors, trustees, or assigns, if any, of such deceased person or persons, Defendants/Appellees. Appeal from the District Court of Latimer County, Oklahoma. Honorable Margaret Nicholson, Trial Judge. This is an action to set aside or vacate a deed and quiet title. Plaintiff/Appellant, Benny Franklin Coffey (“Grandfather”), appeals a Journal Entry denying his request to quiet title to three tracts of land. Grandfather and his deceased spouse, Dorothy Mae Coffey (“Grandmother”), purportedly signed a Quit Claim Deed transferring title of the property to Defendants/Appellees, Benny W. Coffey (“Grandson”), and Brooklyn M. Chaffin (“Grandson’s Spouse”). After the Quit Claim Deed was recorded, Grandfather attempted to mortgage the land and filed this action after Grandson refused to allow for the mortgage. A bench trial was held and the trial court granted judgment in favor of Grandson on all issues. We agree with the trial court and find Grandfather did not sustain his burden to prove, by clear and convincing evidence, the Quit Claim Deed should be set aside. The Journal Entry of Judgment is AFFIRMED. Opinion by PRINCE, V.C.J.; DOWNING, P.J., and MITCHELL, J., concur. August 12, 2026
123,824 – In the Matter of the Adoption of DOT, Jr., A minor child, Daniel Olbum Taylor, Sr., Kaylee Nicole Taylor, Appellants, Cody Russell Mccarley, Charlee Jo Mccarley, Appellees. Appeal from the District Court of Lincoln County, Oklahoma. Honorable Emily Mueller, Trial Judge. Before the Court of Civil Appeals was an appeal filed by Daniel and Kaylee Taylor (“Biological Parents”) challenging the district court’s order finding their child (“Child”) eligible for adoption without their consent. Child had been removed from Biological Parents’ custody through a Virginia proceeding after Child (then two-years old) escaped their house and was found wandering outside on several occasions. Custody was placed with Child’s great aunt and uncle (the “McCarleys”) in Oklahoma in 2021. In 2024, the McCarleys filed a Petition for Adoption and Application for Adoption Without Consent. After a hearing, the district court found that consent of Biological Parents was not required pursuant to 10 O.S. 2021 §7505-4.2 because Biological Parents (a) failed to establish or maintain a substantial and positive relationship with Child, and (b) willfully failed to contribute to the support of Child. The Court of Civil Appeals affirmed, holding that the record contained clear and convincing evidence that Biological Parents failed to maintain a substantial and positive relationship with Child. By the time the McCarleys filed their Petition for Adoption, Biological Parents had not seen, spoken to, or otherwise communicated with Child for over twenty months. While there was conflicting evidence regarding visitation arrangements, the Court found that Biological Parents had failed to take sufficient legal action to establish visitation, and they undisputedly failed to pursue other avenues of creating and/or maintaining a relationship, such as telephone calls, video chats, letters or gifts. Finding that the McCarleys established the statutory prerequisite by clear and convincing evidence, the Court did not address the second ground in the district court’s order. AFFIRMED. Opinion by MITCHELL, J.; DOWNING, P.J., and PRINCE, V.C.J., concur. August 17, 2026
123,645 – In the Matter of: A.D.J.R., B.J.R., Z.F.J.R. & C.A.R. III, Chester Radcliff, Jr., Appellant, and April Radcliff, Appellant, v. State of Oklahoma, Appellee. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Mary Ann Godsby, Trial Judge. Chester Radcliff, Jr. (Father) and April Radcliff (Mother) appeal the trial court’s orders filed on November 18, 2025, terminating their parental rights as to A.R., C.R., B.R., and Z.R. (collectively Children). A.R., B.R., and Z.R. have also filed an appeal challenging the termination of Mother’s parental rights. We have reviewed the record and applicable law and are not persuaded by the parties’ arguments. Clear and convincing evidence supports termination. We AFFIRM. Chester Radcliff, Jr. (Father) and April Radcliff (Mother) appeal the trial court’s orders filed on November 18, 2025, terminating their parental rights as to A.R., C.R., B.R., and Z.R. (collectively Children). A.R., B.R., and Z.R. have also filed an appeal challenging the termination of Mother’s parental rights. We have reviewed the record and applicable law and are not persuaded by the parties’ arguments. Clear and convincing evidence supports termination. We AFFIRM. Opinion by DOWNING, P.J.; PRINCE, V.C.J., and MITCHELL, J., concur. August 17, 2026
Division IV
123,367 – In the Matter of the Estate of Donald Lee Emerson: Joan Emerson and Mindy Blunk, as power of attorney for Joan Emerson, Appellants, vs. Jacenda Anderson, as personal representative, Appellee. Proceeding to review an Order of the District Court of Oklahoma County, Hon. Lydia Y. Green, District Judge. Joan Emerson, ex-wife of the decedent, Donald Emerson, appeals the court’s order determining that the decedents’ children were pretermitted heirs. Joan also alleges her due process rights were violated and that the decedent’s daughter, Jacenda Anderson, should not have been appointed personal representative of the decedent’s estate. Upon review, we find that Joan’s appeal of the court’s determination of heirs was premature and is hereby dismissed. Additionally, we find that Joan’s due process rights were not violated and that she did not properly appeal from the court’s order appointing Jacenda as personal representative of Don’s estate. DISMISSED IN PART AND AFFIRMED IN PART. Opinion from the Court of Civil Appeals, Division IV by BLACKWELL, P.J.; BARNES, J., and HUBER, J., concur. August 12, 2026
122,874 – Oklahomans for Children’s Rights, Petitioner/Appellant, v. District Court of Grady County, Respondent/Appellee. Appeal from the District Court of Grady County, Hon. Emmit Tayloe, Trial Judge. The present appeal from the district court’s order dismissing a Second Amended Petition for Grand Jury, in which Oklahomans for Children’s Rights is the named petitioner, was filed by B. Nicole Luther, identified on the second amended petition as a “Team Member.” In the Notice of Appeal, the following is stated: “Petitioner: Oklahomans for Children’s Rights, an advocacy organization for child welfare, represented by B. Nicole Luther.” Nothing of record shows Ms. Luther is a licensed attorney. The Petition in Error names Oklahomans for Children’s Rights as the petitioner and asks for a writ of mandamus compelling the district court to reconsider its dismissal of the second amended petition. Because no appeal was commenced by a licensed attorney on behalf of Oklahomans for Children’s Rights, and because Ms. Luther is not a party to this action, the appeal is dismissed. APPEAL DISMISSED. Opinion from Court of Civil Appeals, Division IV, by BARNES, J.; BLACKWELL, P.J., and HUBER, J., concur. August 13, 2026
123,562 – Shirrhonda Whittenberg, as Administrator of the Estate of A’liya Unique Ann Johnson, Deceased, Plaintiff/Appellant, vs. Central Oklahoma Transportation and Parking Authority, Defendant/Appellee. Appeal from the District Court of Oklahoma County, Hon. Natalie Mai, Trial Judge. Plaintiff Shirrhonda Whittenberg, as Administrator of the Estate of A’liya Unique Ann Johnson, Deceased, appeals from the district court’s Order filed on October 22, 2025, granting the motion to dismiss filed by Defendant Central Oklahoma Transportation and Parking Authority d/b/a Embark (COTPA). The district court correctly determined that the notice of tort claim presented in October 2024 was not valid under 51 O.S. 2021 § 152(5)(c), and that Plaintiff did not otherwise comply with the notice requirements of 51 O.S. 2021 §§ 156 and 157. Accordingly, we affirm. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by BARNES, J.; HUBER, J., concurs, and BLACKWELL, P.J., dissents. August 13, 2026