Dispositions Other Than By Published Opinion | Aug. 7, 2024
Oklahoma Court of Civil Appeals
Division I
121,950 – Melinda Wilken, fka Melinda Pohlenz, Plaintiff/Appellee, v. Jack R. Mitchell, Defendant/Appellant, and River Bend Real Estate Investment, LLC, a Missouri limited liability company, Defendant. Appeal from the District Court of Creek County, Oklahoma. Honorable Douglas W. Golden, Trial Judge. This dispute arises out of an order that denied a Motion to Compel Arbitration and to Stay Trial Court Proceedings, which had been sought by the Defendant/Appellant, Jack R. Mitchell. Mr. Mitchell was a party to a Confidential Settlement Term Sheet (“Settlement Agreement”) that required repayment of a $1.5 million investment in a project that included two other individuals: i.e., Clain Patterson and Ralph Charles Wilkin, III. When payments were not made in accordance with the terms of the Settlement Agreement, Mr. Wilkin did not pursue this action. This action was brought instead by his spouse, the Plaintiff/Appellee, Melinda Wilkin, alleging a single claim of breach of contract. The Settlement Agreement included a mandatory arbitration clause and Mr. Mitchell moved to compel arbitration. The Settlement Agreement also contained a choice‑of‑law provision requiring disputes to be resolved under Missouri law. The trial court denied the motion to compel arbitration. We have reviewed the record and find that the trial court committed no error. Consequently, the Order Covering Hearing on January 4, 2024, is AFFIRMED. Opinion by PRINCE, J.; BELL, V.C.J., and SWINTON, P.J., concur. August 1, 2024
122,208 – Kimberly Blackburn, Plaintiff/Appellant, v. City Owasso and Owasso Premier Softball, LLC, Defendants/Appellees. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Kelly Greenough, Trial Judge. Plaintiff/Appellant, Kimberly Blackburn, appealed the trial court’s Order dismissing her negligence claim against Defendant/Appellee, the City of Owasso (“the City”), citing Blackburn’s failure to state a claim upon which relief could be granted due to the Recreational Land Use Act’s grant of immunity. See 76 O.S. § 10.1. As Blackburn had a pending claim against co‑Defendant, Owasso Premier Softball, LLC, when the trial court granted the City’s Motion to Dismiss, the trial court certified its Order dismissing Blackburn’s claim for immediate interlocutory appeal pursuant to 12 O.S. § 994(A). After review, we REVERSE the trial court’s dismissal of Blackburn’s claim against the City and REMAND for further proceedings consistent with this opinion. Opinion by PRINCE, J.; BELL, V.C.J., and SWINTON, P.J., concur. August 1, 2024
Division II
121,687 – Lynn Chambers; Betty Chambers; Justin Chambers; and Paige Earnhardt, as the Parent and Next Friend of the Minor Children Ashton Chambers, Braxton Chambers and Chaseton Chambers, Plaintiffs/Appellants, and Lauren Chambers; Valerie Clark; Corey Clark; Paige Earnhardt; and Justin and Lauren Chambers, as the Parents and Next Friend of the Minor Child River Chambers, Plaintiffs, v. Victory Life Academy, Defendant, and City of Achille, Defendant/Appellee. Appeal from the District Court of Oklahoma County, Hon. Abby C. Rogers, Trial Judge. In this multi-party, multi-claim action stemming from the search and seizure of certain property and arrests made during execution of the search warrant, Appellants Lynn Chambers, Betty Chambers, Justin Chambers, and Paige Earnhardt, as the parent and next friend of her minor children appeal from the trial court’s order granting summary judgment to Appellee City of Achille. From our review of the record and applicable law, we reverse the trial court’s grant of summary judgment on Appellants’ claims for negligent infliction of emotional distress/negligence and negligent training and supervision, but otherwise affirm the trial court’s grant of summary judgment to Appellee on Appellants’ claims for trespass, conversion, intentional infliction of emotional distress, and false arrest/false imprisonment. The Order on Motion for Summary Judgment is, therefore, affirmed in part, and reversed in part, and the matter is remanded to the trial court for further proceedings. REVERSED IN PART, AFFIRMED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS. Opinion from Court of Civil Appeals, Division II by BARNES, C.J.; WISEMAN, P.J., concurs, and FISCHER, J., concurs in part, dissents in part as to parts IV & V. August 2, 2024
Division III
122,215 – Karen Cave, as surviving daughter, on behalf of all heirs of Alan Wayne Bruce, Deceased, Plaintiff/Appellant, v. The Town of Bennington, Oklahoma, Defendant/Appellee and Michael Don Wright, Defendant. Appeal from the District Court of Bryan County, Oklahoma. Honorable Mark Campbell, Trial Judge. Appellant, Karen Cave (Cave), brings this appeal from the trial court’s orders granting summary judgment in favor of Appellee, Town of Bennington, Oklahoma (Bennington) and granting Bennington’s Motion to Strike Affidavit. Cave sought to certify the orders pursuant to 12 O.S.2021, § 952(b)(3) and Bennington objected. The trial court advanced its rulings for appeal pursuant to 12 O.S.2021, § 994. Cave filed a Petition in Error and Bennington filed a Response including again an objection to the nature of the appeal. We are persuaded that the trial court prematurely advanced the orders for appeal and we DISMISS. Opinion by DOWNING, J.; MITCHELL, P.J., concurs and GOREE, J., dissents. August 5, 2024
Division IV
121,575 – Tyler Scott Paulsen, Plaintiff/Appellant, vs. Wagoner County Sheriff’s Office, Wagoner County E911; Chris Elliott and Judy Elliott, Defendants/ Appellees. Appeal from the District Court of Wagoner County, Hon. Douglas Kirkley, Trial Judge. Tyler Paulsen appeals summary judgment granted in favor of Defendants Wagoner County Sheriff’s Office (Sheriff’s Office), Chris Elliot (Sheriff), Wagoner County E911 (E911) and its director, Judy Elliot (Director Elliot) on his request for declaratory judgment and injunction compelling production of documents under the Open Records Act (ORA). We affirm the trial court’s grant of summary judgment in favor of Sheriff and Sheriff’s Office. We also find no viable claim against E911 and Director Elliot for failure to produce documents in this action which were produced during a previous, dismissed suit, and partial summary judgment on this basis is proper. However, we find E911 and Director Elliot failed to present admissible evidence establishing they were entitled to summary judgment on Paulsen’s claims. Additionally, Paulsen demonstrated a genuine dispute of material fact as to whether E911 and Director Elliot produced all available documents responsive to Paulsen’s request. Therefore, we reverse that portion of the trial court’s Order granting summary judgment to E911 and Director Elliot, and remand for further proceedings consistent with our Opinion. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS. Opinion from Court of Civil Appeals, Division IV, by HIXON, J.; HUBER, P.J., and BLACKWELL, J., concur. July 31, 2024
121,114 (Consolidated with Case No. 121,140) – In the Matter, of J.F., Alleged Deprived Child, Shawn Foradori, Appellant, vs. State of Oklahoma, Appellee. Appeal from the District Court of Oklahoma County, Hon. Lydia Green, Trial Judge. Shawn Foradori (Father) appeals the trial court’s order terminating his parental rights to minor child, J.F. Father alleges State failed to present sufficient evidence to support termination, that the order is deficient, and that he was not afforded effective assistance of counsel. 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 5, 2024