Dispositions Other Than By Published Opinion | Aug. 6, 2025

July 31, 2025

Oklahoma Court of Civil Appeals

Division I

122,318 – James Gilbert, Petitioner/Appellee, v. Sadie Hannah White, Respondent/Appellant. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Tanya Wilson, Trial Judge. Respondent/Appellant Sadie Hannah White appeals from an order of paternity, adjudicating Petitioner/Appellee James Gilbert as the biological father of the parties’ minor child, R.S.W., and ordering that the minor child’s surname would be changed to that of Father. Mother argues that the trial court’s order was an abuse of discretion due to consideration of impermissible factors in reaching its decision, did not include all necessary findings of fact, and that the evidence presented was insufficient to support that the name change would be in the minor child’s best interests. We affirm. Opinion by SWINTON, J.; PRINCE, J., and PRINCE, J., concur. July 31, 2025

122,740 – NeAnne Clinton and David Clinton, Plaintiffs/Appellants, v. Nancy Presnall, Defendant/Appellee. Appeal from the District Court of Garfield County, Oklahoma. Honorable Paul K. Woodward, Trial Judge. This appeal arises from a case the trial court dismissed pursuant to the Oklahoma Citizens Participation Act [OCPA], 12 O.S. 2022 §1430 et seq. Plaintiffs, David and NeAnne Clinton, filed the lawsuit alleging defamation, defamation per se, malicious wrong, false light invasion of privacy, emotional distress, and intentional infliction of severe emotional distress. We AFFIRM the decision of the trial court. Opinion by GOREE, P.J.; SWINTON, J., concurs and PRINCE, J., concurs in result. 122,318 – James Gilbert, Petitioner/Appellee, v. Sadie Hannah White, Respondent/Appellant. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Tanya Wilson, Trial Judge. Respondent/Appellant Sadie Hannah White appeals from an order of paternity, adjudicating Petitioner/Appellee James Gilbert as the biological father of the parties’ minor child, R.S.W., and ordering that the minor child’s surname would be changed to that of Father. Mother argues that the trial court’s order was an abuse of discretion due to consideration of impermissible factors in reaching its decision, did not include all necessary findings of fact, and that the evidence presented was insufficient to support that the name change would be in the minor child’s best interests. We affirm. Opinion by SWINTON, J.; PRINCE, J., and PRINCE, J., concur. July 31, 2025

122,746 – Bryce Alexander Drummond Plaintiff/Appellant v. The State of Oklahoma, ex. rel., Service, Oklahoma, Defendant/Appellee. Appeal from the District Court of Payne County, Oklahoma. Honorable Michael Kulling, Trial Judge. Bryce Alexander Drummond (Plaintiff/Appellant) has appealed the trial court’s Final Order sustaining Service Oklahoma’s (Defendant/Appellee) revocation of his driver’s license. Service Oklahoma revoked Mr. Drummond’s driver’s license following his arrest for actual physical control of a motor vehicle, in violation of 47 O.S. § 11-902. Mr. Drummond argued below that the responding officer’s warrantless entry onto his driveway violated the Fourth Amendment, consequently rendering Mr. Drummond’s subsequent arrest inadmissible as a basis to revoke his driver’s license. We find the trial court correctly determined that the responding officer’s entry onto Mr. Drummond’s driveway was lawful and, accordingly, AFFIRM the trial court’s Final Order sustaining the revocation of Mr. Drummond’s driver’s license. Opinion by PRINCE, J.; GOREE, P.J., and SWINTON, J., concur. 122,318 – James Gilbert, Petitioner/Appellee, v. Sadie Hannah White, Respondent/Appellant. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Tanya Wilson, Trial Judge. Respondent/Appellant Sadie Hannah White appeals from an order of paternity, adjudicating Petitioner/Appellee James Gilbert as the biological father of the parties’ minor child, R.S.W., and ordering that the minor child’s surname would be changed to that of Father. Mother argues that the trial court’s order was an abuse of discretion due to consideration of impermissible factors in reaching its decision, did not include all necessary findings of fact, and that the evidence presented was insufficient to support that the name change would be in the minor child’s best interests. We affirm. Opinion by SWINTON, J.; PRINCE, J., and PRINCE, J., concur. July 31, 2025

Division II

122,784 – Ecometal, Inc., a Canadian corporation; Magnesium Holdings, LLC, an Oklahoma limited liability company; Magnesium Machine LLC, an Oklahoma limited liability company; Paramount Design, LLC, an Oklahoma limited liability company; and Nick Yuan, a Chinese citizen and permanent resident of Canada,Plaintiffs/Appellants, vs. Dunlap & Codding, PC, an Oklahoma Professional Corporation; Nicholas Rouse, a resident of Oklahoma; Jordan Sigale, a resident of Illinois; and Evan Talley, a resident of Oklahoma, Defendants/Appellees. Appeal from the District Court of Oklahoma County, Honorable Don Andrews, Trial Judge. Plaintiffs appeal the trial court’s order dismissing their legal malpractice suit against Defendants. The issue on appeal is whether the trial court erred in dismissing Plaintiffs’ malpractice action because they dismissed their appeal in the underlying action. After de novo review, we conclude the trial court erred in dismissing Plaintiffs’ lawsuit. We reverse and remand for further proceedings. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; BLACKWELL, J., concurs, and FISCHER, J., dissents. July 30, 2025

Division III

Division IV

122,253 – In re the Marriage of: Kurt Weir, Petitioner/Appellant/Counter-Appellee, vs. Mitzi G. Weir, Respondent/Appellee/Counter-Appellant. Appeal from the District Court of Cleveland County, Hon. Jeff Virgin, Trial Judge. Petitioner Kurt Weir (Husband) appeals a judgment of the trial court awarding post-judgment interest on an award of alimony in lieu of property division in favor of Mitzi Weir (Wife). This Court previously reversed the trial court’s decision on the valuation of marital property in the decree, directing the trial court to determine a value of certain marital property and equitably divide the marital estate, and to award statutory post-judgment interest on Wife’s award of alimony in lieu of property division. On remand, the trial court awarded interest on the award dating back to an August 20, 2021 order, predating the couple’s October 2021 decree of divorce. We affirm the trial court’s judgment, modified to commence interest running from June 3, 2024. AFFIRMED AS MODIFIED. Opinion from Court of Civil Appeals, Division IV, HIXON, V.C.J.; BARNES, P.J., and HUBER, J., concur. Aug. 1, 2025

122,606 – Khepri Holdings, LLC, Plaintiff/Appellant, v. Ross Clifton, Lincoln Clifton, and Austin Finley, Defendants/Appellees. Appeal from the District Court of Oklahoma County, Hon. Brent Dishman, Trial Judge. Plaintiff appeals from the district court’s order granting the motion to dismiss of Defendants. Upon our de novo review, we conclude the district court properly granted the motion to dismiss based on the doctrine of claim preclusion. We further conclude the district court did not err in determining that the defects in the petition could not be remedied. Therefore, we affirm the district court’s order. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by BARNES, P.J.; HIXON, V.C.J., and HUBER, J., concur. Aug. 5, 2025

Posted in 2025 August, Dispositions Other Than By Published Opinion