Dispositions Other Than By Published Opinion | Dec. 18, 2024

Oklahoma Court of Civil Appeals

Division I


Division II

121,520 (Consolidated with Case No. 121,521) – Riverbend King, LLC, and James Flowers, Plaintiffs, vs. Robert Bud Scott, Ryan Medley, Chase Mattison, Nathan Mattison, Lokal Farms Group, LLC, and Riverbend 1100 Road Farms, LLC, Defendants/Appellees, Kirk A. Marshall, Esq., Appellant.  Appeal from the District Court of Seminole County, Honorable Timothy L. Olsen, Trial Judge.  Appellant Kirk A. Marshall appeals trial court orders granting two motions for sanctions and denying a motion for new trial.  We are asked to review whether the trial court abused its discretion when it awarded sanctions against Appellant for
(1) filing an application for indirect contempt and (2) for failing to attend his client’s deposition.  After review, we conclude Appellant failed to show the trial court abused its discretion and we affirm the trial court’s orders.  AFFIRMED.  Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; BARNES, C.J., and FISCHER, J., concur. Dec. 12, 2024


121,582 – Taylor’d Investments, LLC, an Oklahoma limited liability company, Plaintiff, and Tori Taylor, an individual, Plaintiff/Appellee, vs. Ron Clapper, Jr., an individual, Defendant/Appellant, and Sunshine Medical Investments, LLC, a Florida limited liability company and SPI Oklahoma, a Delaware limited liability company, Defendants.  Appeal from Order of the District Court of Oklahoma County, Hon. Don Andrews, Trial Judge.  The Defendant/Appellant, Ron Clapper, Jr. appeals an order granting summary judgment in favor of Plaintiff/Appellee, Tori Taylor.  Based upon our review of the record on appeal, we lack jurisdiction to entertain this appeal, and this matter must therefore be dismissed.  APPEAL DISMISSED.  Opinion from Court of Civil Appeals, Division II by FISCHER, J.; BARNES, C.J., and WISEMAN, P.J., concur. Dec. 13, 2024


Division III

121,517 – Alexis Dawn Short, Plaintiff/Appellee, v. Mark Allen Wells, Defendant/Appellant. Appeal from the District Court of Rogers County, Oklahoma. Honorable Sue Nigh, Trial Judge. Alexis Short, Plaintiff/Appellee, filed a Petition for Protective Order on June 20, 2023, alleging the Defendant/Appellant, Mark Wells, abused and harassed her after their dating relationship ended. After a protective order hearing on July 13, 2023, the Rogers County District Court entered an order of protection for five years. The Rogers County District Court found the protective order was warranted under the authority provided in 22 O.S. Supp.2022 §60.2(G), wherein the victim of a “sex offense” may be granted a protective order under the statute. We affirm. Opinion by GOREE, J.; MITCHELL, P.J., and SWINTON, J. (sitting by designation), concur. Dec. 11, 2024


122,305 – Bank of Oklahoma, N.A., Plaintiff/Appellant, v. Kent D. Stitt, Defendant/Appellee. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Wilma L. Palmer, Trial Judge. Appellant, Bank of Oklahoma, N.A. (BOK) appeals the June 12, 2024 Decision on Defendant’s Petition to Vacate Judgment (Order) wherein the trial court vacated the default Journal Enty of Judgment (Default Judgment) entered on October 16, 2014 against Kent D. Stitt (Stitt). In the Order, the trial court determined the service of the Petition and Summons was not achieved in accordance with Oklahoma Statutes and therefore, the Default Judgment was voidable. As the trial court’s findings of fact are supported by sufficient competent evidence, the findings of fact and conclusions of law are more than adequately explained in the appealed Order, and the trial court did not abuse its discretion, we summarily affirm the Order pursuant to Oklahoma Supreme Court Rule 1.202(b), (d), and (e), 12 O.S.2021, Ch. 15, App. 1. Opinion by DOWNING, J.; MITCHELL, P.J., concurs and GOREE, J., concurs in result. Dec. 11, 2024


Division IV