Dispositions Other Than By Published Opinion | Dec. 13, 2023

Oklahoma Court of Civil Appeals

Division I

120,986 – Jeffery O. Kerns, Plaintiff/Appellant, v. Bobby L. Flowers, Individually and as Trustee of the Bobby L. Flowers Living Trust U/T/A dated September 17, 1997; Rhonda A. Flowers, as Trustee of the Rhonda A. And Bobby L. Flowers Living Trust dated September 17, 1997, and as Successor Trustee of the Bobby L. Flowers Living Trust U/T/A dated September 17, 1997; and Ricky L. Flowers, one and the same person as Rick L. Flowers, Defendants/Appellees, and Robert O. Kerns and Kerns Ready-Mixed Concrete, Inc., Intervening Defendants/Appellees.  Opinion by DOWNING, J.; GOREE, P.J., and SWINTON, J., concur. December 7, 2023

121,202 – In the Matter of B.G.M., a/k/a/ E.M. Deprived Child.  State of Oklahoma, Petitioner/Appellee, v. Eddie McMillan, Respondent/Appellant.  Appeal from the District Court of Tulsa County, Oklahoma.  Honorable Kevin Gray, Trial Judge. Respondent/Appellant Eddie McMillan appeals from a judgment terminating his parental rights to B.G.M. (Child). Petitioner/Appellee the State of Oklahoma sought termination on the grounds of length of time in foster care and incarceration.  Child’s birth mother is a member of the Seminole Nation and accordingly the Indian Child Welfare Act applies in this case. Following trial, the jury found termination was in Child’s best interests on both grounds. Clear and convincing evidence supports the jury’s decision as well as the trial court’s finding the State had made active efforts to prevent the breakup of the Indian family. We affirm.  Opinion by SWINTON, J.; GOREE, P.J., and DOWNING, J., concur. December 7, 2023

Division II

120,691 – Bruce A. Hancock, Jr., Plaintiff/Appellant, vs. TBCPM, LLC dba, The Broadway Clinic; Robinson, Hoover & Fudge, PLLC; Richard A. Robinson; and Emily R. Remmert, Defendants/Appellees.  Appeal from the District Court of Oklahoma County, Hon. C. Brent Dishman, Trial Judge.  Bruce A. Hancock, Jr., appeals trial court orders denying his motion to amend his petition, dismissing his petition with prejudice, granting Defendants’ motion for sanctions, and denying his motion to recuse.  Although we affirm the decisions denying Hancock’s requests to recuse the assigned judge, we reverse the decisions of the trial court dismissing Hancock’s petition and imposing sanctions against him.  We remand the matter 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 II, by WISEMAN, P.J.; BARNES, V.C.J., and HIXON, J., concur. December 6, 2023

Division III

121,619 – Tanya Tyson, Plaintiff/Appellant, v. Madelyn Winningham, Josh Winningham and Brittany Winningham, Defendants/Appellees. Appeal from the District Court of Tulsa County, Oklahoma.  Honorable Kelly Greenough, Trial Judge. Plaintiff/Appellant Tanya Tyson (Tyson) sued Defendant/Appellee Madelyn Winningham (Winningham) and her parents, Josh and Brittany Winningham (Parents), seeking to recover damages she sustained in an automobile collision with Winningham. Tyson appeals from the trial court’s order granting Winningham’s motion to dismiss.  The court’s order informed Tyson, a pro se litigant, that minors cannot be sued in Oklahoma and directed Tyson to cure the defect in her petition by amending it to sue Parents individually and as next friend of Winningham.  We DISMISS the appeal for lack of an appealable order AND REMAND for further proceedings. Opinion by MITCHELL, C.J.; PRINCE, P.J., and BELL, J., concur. December 8, 2023

120,965 – Kristina Nicolle Roberts, Plaintiff/Appellee, v. Jon Mark Turner, Defendant/Appellant. Appeal from the District Court of Garfield County, Oklahoma.  Honorable Dennis Hladik, Trial Judge. In this paternity proceeding, Defendant/Appellant, Jon Mark Turner (Father), appeals from the trial court’s order awarding attorney fees to Plaintiff/Appellee, Kristina Nicolle Roberts (Mother).  Several years after the entry of the Order of Paternity, Father moved to modify custody, visitation, and child support.  The court continued Mother’s legal custody of the child but ordered shared physical custody.  The court also modified visitation, reduced Father’s child support obligation, and granted Mother’s motion for attorney fees.  At the subsequent attorney fees hearing, the court awarded Mother $21,000.00 in attorney fees.  Title 43 O.S. 2021 §109.2(B) grants the trial court discretion in a paternity action to award attorney fees when determining issues of child custody and child support.  After reviewing the record, we find the amount of the trial court’s award was reasonable.  We therefore conclude the trial court did not abuse its discretion when it ordered Father to pay $21,000.00 of Mother’s attorney fees.  Opinion by BELL, J.; MITCHELL, C.J., and GOREE, J. (Sitting by designation), concur. December 8, 2023

Division IV

120,029 – Masonry Contractors, Inc., an Oklahoma for Profit Business Corporation, Plaintiff/Appellee, vs. The City of Oklahoma City Board of Adjustment, a Municipal Board of Adjustment, Defendant/Appellant. Appeal from an Order of the District Court of Oklahoma County, Hon. Cindy Truong, Trial Judge. The City of Oklahoma City Board of Adjustment appeals the district court’s reversal of the board’s denial of Masonry Contractors, Inc.’s variance requests related to a billboard on Masonry’s lot. Because the board could have reasonably found that the requested variances would impair the purpose and intent of the applicable ordinances, the trial court’s reversal of the board’s denial must be reversed. REVERSED. Opinion from the Court of Civil Appeals, Division IV by BLACKWELL, P.J.; WISEMAN, J. (sitting by designation), concurs, and FISCHER, J., dissents. December 6, 2023