Dispositions Other Than By Published Opinion | Dec. 20, 2023
Oklahoma Court of Civil Appeals
Division I
121,757 – Keesler Federal Credit Union, Plaintiff/Appellee, v. William R. Satterfield, Defendant/Appellant. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Douglas Drummond, Trial Judge. William R. Satterfield, Defendant/Appellant, appeals a summary judgment granted against him for indebtedness. There is no genuine issue as to any material fact and Keesler Federal Credit Union, Plaintiff/Appellee, is entitled to judgment as a matter of law. 12 O.S. §2056(C). Affirmed. Opinion by GOREE, J.; BELL, P.J., concurs and DOWNING, J., dissents. Opinion by GOREE, P.J.; SWINTON, J., and DOWNING, J., concur. December 13, 2023
120,755 – In the Matter of The Estate of Mildred Bernice Prater, f/k/a Mildred Bernice Waller, Deceased, Estate of Mildred Bernice Prater, f/k/a Mildred Bernice Waller, Deceased, Terri Henson, Personal Representative, Plaintiff/Appellee, v. Estate of Roy G. Prater, Deceased, Susan Hope Combs, Personal Representative, Defendant/Appellant, and Jim Beavers and Jimmie Beavers, Appellants. Appeal from the District Court of Okmulgee County, Oklahoma. Honorable Cynthia Pickering, Trial Judge. The Estate of Mildred Bernice Prater filed a quiet title lawsuit against the Estate of Roy Prater. Roy Prater, by power of attorney, conveyed to himself property owned by Mildred Prater during their marriage. The trial court granted a motion for partial summary judgment. We AFFIRM in part, REVERSE in part, and REMAND for further proceedings. Opinion by GOREE, P.J.; SWINTON, J., and DOWNING, J., concur. December 19, 2023
Division II
119,790 (Consolidated with Case No. 119,798, Case No. 119,953, and Case No. 120,208) – In re the Marriage of: Toni D. Seymour, Petitioner/Appellee, v. Stephen Michael Seymour, Respondent/Appellant. Appeal from the District Court of Oklahoma County, Hon. Lynne McGuire, Trial Judge. Respondent appeals from several orders of the district court in this post-marital dissolution proceeding, including an order modifying custody, visitation and child support, and an order finding Respondent in indirect contempt of court. Based on our review, we affirm the orders from which Respondent appeals, and we grant Petitioner’s motion for appeal-related attorney fees and remand to the trial court for a determination of the appropriate amount to be awarded. AFFIRMED AND REMANDED. Opinion from Court of Civil Appeals, Division II, by BARNES, V.C.J.; WISEMAN, P.J., and HIXON, J., concur. December 14, 2023
121,094 – In re the Marriage of: Lena R. Roodzant, Petitioner/Appellant, vs. Daniel C. Roodzant, Respondent/Appellee. Appeal from the District Court of Oklahoma County, Hon. Greg Ryan, Trial Judge. Petitioner Lena R. Roodzant appeals the trial court’s order denying her Application to Assess Attorney Fees and Costs. Lena asserts the trial court erred as a matter of law when it denied her application to assess attorney fees and costs without a hearing, citing a failure to comply with District Court Rule 4(d). After review, we conclude the trial court’s decision was erroneous as a matter of law, and we reverse the decision and remand with directions to consider the application on its merits. REVERSED 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 14, 2023
120,550 – In the Matter of the Guardianship of Jack Powell, an Incapacitated Person, Joann Powell, Respondent/Appellant, vs. Joyce Spurgeon, Janette Maxey and Jacqueline Davis, Petitioners/Appellees. Appeal from the District Court of Oklahoma County, Hon. Allen J. Welch, Trial Judge. Joann Powell (Wife) appeals an order appointing co-general guardians for Jack Powell (Ward). After review, we conclude the trial court’s order appointing two of Ward’s adult daughters as co-general guardians for Ward is not against the clear weight of the evidence and does not constitute an abuse of discretion warranting reversal. The order is affirmed. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by HIXON, J.; BARNES, V.C.J., and WISEMAN, P.J., concur. December 15, 2023
121,511 – Kevin Easley, Plaintiff/Appellant, vs. City of Norman, Defendant/ Appellee. Appeal from the District Court of Cleveland County, Hon. Michael D. Tupper, Trial Judge. Plaintiff Kevin Easley (Easley) appeals the grant of summary judgment and mandatory injunction in favor of the City of Norman (City), on Easley’s appeal of City’s denial of a request for variance pertaining to two windows installed at Easley’s property in City’s Chautauqua Historic District. City contended Easley’s request for a variance was barred by the doctrine of claim preclusion because it had been considered and rejected in an earlier proceeding. Easley contended that he may raise this issue again, because City had revised and relaxed its historical guidelines with respect to windows on rear elevations. However, it is undisputed that the window is not on a rear elevation. Additionally, the same argument, including an argument City has already relaxed the guidelines as to rear elevations, was raised in the prior proceeding. We affirm the trial court’s grant of summary judgment and mandatory injunction. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by HIXON, J.; BARNES, V.C.J., and WISEMAN, P.J., concur. December 18, 2023
Division III
120,730 – In the Matter of the Guardianship of A.M.J., A Minor Child: Charles Frederick Johnson, Appellant, v. Amanda Smith, Appellee. Appeal from the District Court of Bryan County, Oklahoma. Honorable Mark Campbell, Trial Judge. Appellant Charles Frederick Johnson (Father) challenges the trial court’s decision to appoint Appellee Amanda Smith (Smith) as guardian of Father’s minor child, A.M.J. The court found Father was affirmatively unfit to care for A.M.J. due to his volatile temper, manipulative personality, and substance abuse and that it was in A.M.J.’s best interest for Smith, her half‑sister, to be appointed guardian. We find the court’s decision is not contrary to law or clearly against the weight of the evidence. Accordingly, we AFFIRM. Opinion by MITCHELL, C.J.; PRINCE, P.J., and BELL, J., concur. December 18, 2023
120,761 – Jeff Dudgeon, Plaintiff/Appellee, v. Lone Tree Oilfield Services, LLC, Defendant/Appellant, and PWR Energy Services, LLC, Third Party Defendant/Appellee. Appeal from the District Court of Washita County, Oklahoma. Honorable Jill Carpenter Weedon, Trial Judge. Defendant/Appellant, Lone Tree Oilfield Services, LLC, appeals a final judgment by District Court Judge Weedon following a two‑day bench trial in Washita County. Lone Tree specifically contends the trial court erred in finding for Plaintiff/Appellee, Jeff Dudgeon, on his breach of contract claim and on the award of damages. Lone Tree also argues the trial court erred in finding Dudgeon did not owe a fiduciary duty to Lone Tree. Lone Tree additionally challenges the amount of actual and punitive damages awarded against Dudgeon and Third‑Party Defendant, PWR Energy Services, LLC, for Lone Tree’s tortious interference claim. Upon review of the record and applicable law, we find the trial court’s judgment to be proper and, accordingly, we AFFIRM the decision in whole. Opinion by PRINCE, P.J.; MITCHELL, C.J., and BELL, J., concur. December 18, 2023
121,612 – Frank Thomas, Petitioner/Appellant, v. Nurse Emily Timm, Correctional Health Service Administrator, Defendant/Appellee, and Doctor Michael Boger, of GEO Correctional Lawton Correctional Facility, Nurse Sara Disney, Nurse Paige Fox, Nurse Erica Tocknell, Nurse Kaitlyn Jones, Nurse Kristine Kusner, Nurse Raelynn Merchant, Nurse Mary Whitner, Warden David Cole, LCF, Nurse Kelly Wise, Nurse Erin Pena, Nurse Marilyn Torain, et. al., in their official and individual capacities, Defendants. Appeal from the District Court of Comanche County, Oklahoma. Honorable Grant Sheperd, Trial Judge. Petitioner/Appellant, Frank Thomas, appeals the award of summary judgment in favor of the Defendants. Mr. Thomas is an inmate at the Lawton Correctional and Rehabilitation Facility (“LCRF”). He filed a Petition claiming that the Defendants were medically negligent, that the Defendants violated his Due Process rights under the Fourteenth Amendment of the Constitution of the United States, and that the Defendants’ conduct violated the Eighth Amendment of the Constitution, due to the medical care provided to him by the personnel at LCRF. Defendants requested a Special Report, pursuant to 57 O.S. § 566.4(K), and then filed a Motion to Dismiss or Motion for Summary Judgment after the Special Report was submitted to the trial court. The trial court granted the Motion for Summary Judgment. We find that the Order of the trial court does not constitute error and AFFIRM. Opinion by PRINCE, P.J.; MITCHELL, C.J., and BELL, J., CONCUR. December 19, 2023
Division IV
120,819 – In the Matter of the Adoption of I.J.W., a Minor, Misty Whitson-Trice, Appellant, vs. David Kimble and Keri Kimble, Appellees. Appeal from the District Court of Cleveland County, Oklahoma, Hon. Bethany Stanley, Trial Judge. Misty Whitson-Trice, the biological mother of the minor child, I.J.W., (Mother) seeks review of the district court’s Order finding I.J.W. eligible for adoption without her consent because of her willful failure to support the child for 12 consecutive months out of the last 14 months preceding the filing of the application for an order determining the child eligible for adoption without Mother’s consent and the filing of a petition for adoption by appellees, David and Keri Kimble. After review of the appellate record and applicable law, we hold the district court Order, filed on October 3, 2022, declaring I.J.W. eligible for adoption without Mother’s consent was not supported by clear and convincing evidence and is, therefore, reversed. REVERSED. Opinion from Court of Civil Appeals, Division IV, by HUBER, J.; BLACKWELL, P.J., and FISCHER, J., concur. December 13, 2023
120,593 – Rodney Hunter and April Davis, Plaintiffs/Appellees, vs. Badger Valley Investments, LLC d/b/a Seth Wadley Ford and American Credit Acceptance, LLC, Defendants/Appellants. Appeal from an Order of the District Court of Oklahoma County, Hon Sheila D. Stinson, District Judge. Badger Valley Investments, LLC d/b/a Seth Wadley Ford (“Seth Wadley”) and American Credit Acceptance, LLC (“ACA”) (collectively, “companies”) appeal the district court’s denial of their motion to compel arbitration. On review, we find that the trial court properly denied Seth Wadley’s motion to dismiss in favor of arbitration as it was not a party to the arbitration agreement at issue on appeal. However, the trial court should have granted ACA’s motion to compel arbitration, in part, because there is some question as to whether the plaintiffs’ claim for defamation of credit against ACA was covered by the arbitration agreement, and the parties agreed to arbitrate any issues regarding the scope of the agreement. Accordingly, we affirm the trial court’s denial of arbitration as to all claims except plaintiffs’ claim for defamation of credit made against ACA. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Opinion from the Court of Civil Appeals, Division IV by BLACKWELL, P.J.; FISCHER, J., and HUBER, J., concur. December 15, 2023
120,889 (Consolidated with Case No. 120,896) – Michael A. Fitz, James R. Fitz and Howard B. Fitz, Jr., Plaintiffs/Appellees, vs. Red Stone Resources, LLC, Defendant/Appellant. Appeal from an Order of the District Court of Coal County, Hon. Paula Inge, District Judge. Red Stone Resources, LLC, appeals the judgment of the district court that the company was contractually required to purchase certain mineral interests from plaintiffs Michael A. Fitz, James R. Fitz, and Howard B. Fitz, Jr. The Fitzes counter-appeal the court’s decision that Red Stone was not required to purchase additional mineral interests included in the same contract. On review, we reject each of Red Stone’s legal arguments but hold that the judgment entered in favor of the Fitzes was premature on this record. As such, the judgment appealed is vacated, and the matter is remanded for further proceedings consistent with this opinion. VACATED AND REMANDED. Opinion from the Court of Civil Appeals, Division IV by BLACKWELL, P.J.; FISCHER, J., and HUBER, J., concur. December 15, 2023
121,356 – In the Matter of R.F., Alleged Deprived Child: Hoyt Fleeting, Appellant, vs. State of Oklahoma, Appellee. Appeal from an Order of the District Court of Canadian County, Hon. Bob W. Hughey, Associate District Judge. Appellant Hoyt Fleeting appeals the court’s order adjudicating his minor child as deprived on the ground of threat of harm. After review, we find competent evidence in the record to support the district court’s order and affirm. AFFIRMED. Opinion from the Court of Civil Appeals, Division IV by BLACKWELL, P.J.; FISCHER, J., and HUBER, J., concur. December 15, 2023