Dispositions Other Than By Published Opinion | Aug. 23, 2023
Oklahoma Court of Civil Appeals
Division I
120,700 – In Re the Marriage of Ronald Tyer, Petitioner/Appellant, v. Marianne Tyer, Respondent/Appellee. Appeal from the District Court of Delaware County, Oklahoma. Honorable David Crutchfield, Trial Judge. In this dissolution of marriage action the district court properly acted sua sponte to file an order nunc pro tunc to add an exhibit inadvertently omitted but expressly referenced in the original decree. Opinion by GOREE, P.J.; SWINTON, J., and DOWNING, J., concur. August 18, 2023
121,034 – In the Matter of K.L.M., Alleged Deprived Child Robin Robinson, Appellant, v. State of Oklahoma, Appellee, Appeal from the District Court of Murray County, Oklahoma. Honorable Aaron Duck, Trial Judge. Appellant, Robin Robinson (Mother), appeals from an order following a jury trial terminating her parental rights from her minor child, K.L.M. Mother does not contest the sufficiency of the evidence of either ground for termination. Instead, Mother argues that she had no real opportunity to complete rehabilitative programs needed to correct the conditions that led to K.L.M.’s deprived adjudication and that Department of Human Services (DHS) failed to provide her with necessary resources. Upon review of the record on appeal and applicable law, we AFFIRM. Opinion by DOWNING, J.; GOREE, P.J., and SWINTON, J., concur. August 18, 2023
Division II
120,238 (Consolidated with Case No. 120,469) – Shannon Bailey, Plaintiff/ Appellant, v. Sean Bailey, Defendant/Appellee. Appeal from the District Court of Oklahoma County, Hon. Martha F. Oakes, Trial Judge. Shannon Bailey (Mother) appeals the trial court’s Journal Entry terminating joint custody and awarding sole custody of the parties’ minor children to Sean Bailey (Father). Mother also appeals the Journal Entry denying Mother’s motion to reconsider the decision. For the reasons set forth in our Opinion, we affirm the trial court’s Journal Entries awarding sole custody of the children to Father and denying Mother’s motion to reconsider. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by HIXON, J.; BARNES, V.C.J., and WISEMAN, P.J., concur. August 16, 2023
120,448 – Matthew Douglas Stump, Petitioner/Appellant, v. Megan Jean Richard, Respondent/Appellee. Appeal from the District Court of Oklahoma County, Hon. Martha F. Oakes, Trial Judge. Matthew Douglas Stump appeals the trial court’s Decree of Dissolution of Marriage. Husband alleges the court erred by finding his interest in Chupacabra Springs, LLC was marital property and by classifying an agreed-upon interim payment made to Megan Jean Richard as temporary support alimony instead of as an advance on her property division award. Based on our review of the record and applicable law, we affirm the Decree. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by HIXON, J.; BARNES, V.C.J., and WISEMAN, P.J., concur. August 18, 2023
121,176 – Residential Credit Opportunities Trust, VI-A, Plaintiff/Appellee, vs. F. Ronald Aubrey, Defendant/Appellant, and Lana S. Aubrey; John Doe, as Occupant of the Premises; Jane Doe, as Occupant of the Premises; State of Oklahoma, ex rel. Oklahoma Tax Commission; and Mangum Materials, Inc., Defendants. Appeal from the District Court of Cleveland County, Hon. Lori Walkley, Trial Judge. F. Ronald Aubrey (Borrower) appeals from a journal entry of judgment granting summary adjudication in favor of Residential Credit Opportunities Trust VI-A (RCOT). In this suit on a promissory note and for foreclosure of a mortgage, the primary issue on appeal is whether RCOT is entitled to judgment as a matter of law. After review of the record, we find RCOT established it was entitled to judgment as a matter of law and affirm the trial court’s journal entry of judgment foreclosing the mortgage. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by HIXON, J.; BARNES, V.C.J., and WISEMAN, P.J., concur. August 18, 2023
Division III
120,318 – The City of Jenks, Oklahoma, an Oklahoma Municipal Corporation, Plaintiff/Appellee, v. Sparkman Land, LLC, Defendant/Appellant, The Board of County Commissioners of Tulsa County; Dennis Semler, County Treasurer of the County of Tulsa, State of Oklahoma, Defendants/Appellees, and Wallace Engineering, inc., Intervenor/Appellee. Appeal from the District Court of Tulsa County, Oklahoma. Honorable William D. Lafortune, Trial Judge. Appellant, Sparkman Land, L.L.C., seeks review of the March 17, 2022 Tulsa County District Court Order. This case primarily involves the disposition of two condemnation hearings relating to Sparkman property within a floodplain. The first hearing addressed the City of Jenks condemnation taking of 4.45 acres of Sparkman land, while Jenks’ amended petition (filed June 18, 2019) pertained to the second stage of proceedings wherein Jenks sought an additional easement of 5.19 acres of Sparkman land abutting the originally condemned 4.45 acres. The order of the Tulsa County District Court is affirmed in part, reversed in part and remanded. Opinion by GOREE, P.J.; SWINTON, J., and DOWNING, J., concur. August 22, 2023
Division IV
120,618 – In the Matter of F.W., Z.W., M.B., JR, and K.B., Minor Children: Patricia Rouse, Appellant, vs. State of Oklahoma, Appellee. Appeal from an Order of the District Court of Oklahoma County, Hon. Cassandra Williams, Trial Judge. Patricia Rouse, the mother of the four minor children at issue here, appeals the termination of her parental rights after jury trial. We find sufficient evidence supporting the jury’s verdict and thereby affirm. AFFIRMED. Opinion from the Court of Civil Appeals, Division IV by BLACKWELL, P.J.; FISCHER, J., and HUBER, J., concur. August 16, 2023
119,489 (Companion to Case No. 120,030) – NCB, LLC and Todd Nordstrom, Plaintiffs/Appellees, vs. Garage Condos of Oklahoma, LLC, Defendant/Appellant. Appeal from the District Court of Oklahoma County, Hon. Cindy H. Truong, Trial Judge. Garage Condos of Oklahoma, LLC (Developer) appeals from the district court’s order confirming an arbitration award in favor of NCB, LLC, and Todd Nordstrom (collectively, Contractor) and the journal entry of judgment in Contractor’s favor. Based on our review of the facts and applicable law, we find the district court erred in failing to vacate that portion of the Arbitration Award finding Developer’s claim for construction defects was not arbitrable. Pursuant to 12 O.S.2021, § 1874(C), the matter is remanded with directions for the district court to order a rehearing before the Arbitrator on this claim. The order confirming the Arbitration Award in favor of Contractor is affirmed. Finally, the journal entry of judgment awarding Contractor damages for its breach of contract claim, as well as fees and costs, is affirmed. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS. Opinion from Court of Civil Appeals, Division IV, by HUBER, J.; BLACKWELL, P.J., and FISCHER, J., concur. August 17, 2023
120,030 (Companion to Case No. 119,489) – Garage Condos of Oklahoma on 33rd Street Owner’s Association, Inc., Plaintiff/Appellant, vs. NCB, LLC, a Colorado limited liability company, NCB Steel, LLC, a dissolved Colorado limited liability company, Sundquist Design Group, Inc., a Colorado corporation, Metal Sales Manufacturing Corporation, Obelisk Engineering, Inc., Cheshire Portable Welding, Inc., Clint’s Welding, LLC, and Burgess Engineering and Testing, Inc., Defendants/Appellees, and Abraham Lara Briseno, and Martin Becerra, Additional Defendants. Appeal from the District Court of Oklahoma County, Hon. Cindy H. Truong, Trial Judge. Garage Condos of Oklahoma on 33rd Street Owner’s Association, Inc. (Association) seeks review of orders granting Defendants NCB, LLC; NCB Steel, LLC; Sundquist Design Group, Inc.; Metal Sales Manufacturing Corp.; Obelisk Engineering, Inc.; Cheshire Portable Welding, Inc.; Clint’s Welding, LLC; and Burgess Engineering and Testing, Inc. summary adjudication on the basis that Association’s claim was barred by the applicable statute of limitations. After de novo review of the record, we find Association’s petition was untimely for the reasons stated in this Opinion. The district court’s orders granting Defendants summary adjudication are therefore affirmed. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HUBER, J.; BLACKWELL, P.J., and FISCHER, J., concur. August 17, 2023