Dispositions Other Than By Published Opinion | Aug. 21, 2024
Oklahoma Court of Civil Appeals
Division I
Division II
Division III
121,331 – Brian Dale Dubuc, Plaintiff/Appellant, vs. First National Bank of Okmulgee, Nevyle R. Cable, Kyle Powell, William C. Mabrey, Linda Prichard, Joseph Gallagher, Respondents/Appellees, and Brian Dale Dubuc, Karen Townsend and Donna Shatto, Plaintiff’s vs. Linda Prichard, April Whitaker, Gene Whitaker, Charlie Arnold and All Other Pets, Respondents/Appellees. Appeal from the District Court of Okmulgee County, Oklahoma. Honorable Douglas Kirkley, Trial Judge. Appellant, Brian Dubuc (Dubuc) appeals from an Order entered on May 8, 2023 in Okmulgee County District Court Case Nos. SC-2014-597 and CV-2019-34. In SC-2014-597, the trial court granted judgment in favor of Dubuc in the amount of $4,650. In CV-2019-34, the trial court ruled in favor of Joseph Gallagher (Gallagher) and ordered Dubuc to deliver marketable title pursuant to the rent-to-own contract (contract) between the parties. Pursuant to the contract, the trial court ordered Gallagher to reimburse Dubuc for the property taxes paid on the property during the pendency of the of the litigation. Based on our review of the record and applicable law, we AFFIRM. Opinion by DOWNING, J.; MITCHELL, P.J., and GOREE, J., concur.
121,802 – Michael Shane Holt, Plaintiff/Appellant, v. Bridgett Woodruff, now Forman, Defendant/Appellee. Appeal from the District Court of Carter County, Oklahoma. Honorable Ryan G. Hunnicutt, Trial Judge. Michael Shane Holt, Petitioner/Appellant, appeals an order granting the motion of Bridgett Woodruff, Respondent/Appellee, suspending his visitation with his child. We hold the evidence does not conclusively show Father has forfeited his inherent right to have visitation with his son and REVERSE. Opinion by GOREE, J.; MITCHELL, P.J., concurs and DOWNING, J., dissents.
Division IV
121,242 – Jeffrey Scott Marlar on behalf of KM, Petitioner/Appellee, vs. Andrew Botkin Bragg, Respondent/Appellant. Appeal from the District Court of Canadian County, Hon. Charles Gass, Trial Judge. Andrew Botkin Bragg appeals a final order of protection entered in favor of Jeffrey Scott Marlar on behalf of KM (a minor). Bragg further appeals the denial of his motion for new trial. After review of the record and applicable law, we reverse the orders under review. REVERSED. Opinion from Court of Civil Appeals, Division IV, by HIXON, J.; HUBER, P.J., concurs, and BLACKWELL, J., concurs in result. August 15, 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 public 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