Dispositions Other Than By Published Opinion | Dec. 21, 2022
Oklahoma Court of Civil Appeals
Division I
120,211 – In the Matter of the Estate of Edward Britton Corley, Deceased, Nicole Corley-Ervin, Appellant, v. Steven Leroy Corley, Appellee. Appeal from the District Court of Osage County, Oklahoma. Honorable Stuart Tate, Trial Judge. Appellant, Nicole Corley-Ervin, files an interlocutory appeal from an order entered denying her petition to share in the Estate of Edward Britton Corley (“Testator”) as an omitted heir. The Will of Testator declared that he had two sons, Steven Leroy Corley and Eddie Ray Corley. The Will acknowledged Eddie Ray was deceased, but failed to list Nicole as his surviving daughter, or acknowledge her existence by name or class. No language within the four corners of the Will demonstrates that the Testator intended to omit Nicole from receiving under his Will. For this reason, we REVERSE AND REMAND for proceedings consistent with this Opinion. Opinion by DOWNING, J.; BELL, P.J., and GOREE, J. Concur. Dec. 16, 2022
120,309 – In the Matter of the Application for name change of Acelynn Olivia Ross, Brett Matthew Ross, Appellant, v. Kristine Elizabeth Robbins, Appellee. Appeal from the District Court of Tillman County, Oklahoma. Honorable Brad L. Benson, Trial Judge. Father/Appellant, Brett Ross, appeals the March 11, 2022 order wherein the District Court of Tillman County granted the name change application filed by his former wife, Kristine Robbins, on behalf of their minor child, Acelynn Ross. The court found the Father’s due process rights were protected during the course of the matter below and it was in the child’s best interests to allow the name change. For the reasons provided, we reverse the order of the district court. Opinion by GOREE, J.; BELL, P.J., and DOWNING, J., concur. Dec. 16, 2022
120,343 – Troy Johnston, Petitioner/Appellant, v. Melton Truck Lines, Inc., Own Risk, and Workers’ Compensation Commission, Respondents/Appellees. Proceeding to Review an Order of a Three‑Judge Panel of the Workers’ Compensation Commission. Troy Johnston, Petitioner/Appellant, appeals an order of the Workers’ Compensation Commission in favor of Melton Truck Lines, Inc., Respondent/Appellee, concluding his average weekly wage is based on one week of compensation for orientation rather than the truck driver job for which he had applied. Claimant proposes his average weekly wage should have been determined according to 85A O.S. §59(C) which authorizes the Commission to determine the rate by a method that is “just and fair to all parties” when the statutory methods are unfair and unjust due to exceptional circumstances. The administrative law judge decided Claimant was not employed as a truck driver when he was injured, but that conclusion was based on argument and not evidence. The order is not sustained by record evidence of the facts on which it is based and is therefore REVERSED. Opinion by GOREE, J.; BELL, P.J., concurs and DOWNING, J., dissents. Dec. 16, 2022
120,514 – James Cowan, Payne County Assessor, Plaintiff/Appellant, v. Tidal Energy Marketing (US) LLC, Defendant/Appellee. Appeal from the District Court of Payne County, Oklahoma. Honorable Stephen R. Kistler, Trial Judge. This action involves ad valorem tax on crude oil. Tidal Energy Marketing (US) LLC argues the Freeport Exemption applies and it owes no tax on the oil. James Cowan, Payne County Assessor, contends the exemption is inapplicable. But the question was not decided on the merits. Instead, the district court applied Title 68 O.S. 2015 Supp. §2868(B), a statute governing the preparation of the tax rolls, and granted summary judgment in favor of Tidal. Reasonable persons could draw different conclusions from the facts material to applying §2868(B) and we reverse. Opinion by GOREE, J.; BELL, P.J., concurs and DOWNING, J., dissents. Dec. 20, 2022
Division II
119,952 – Frontier Media Group, Inc. and Kassie L. Daniel, Plaintiffs/Appellees, vs. Pottawatomie County Public Safety Center Trust and Breonna R. Thompson in her official capacity as Executive Director of Pottawatomie County Public Safety Center Trust, Defendants/Appellants. Appeal from an Order of the District Court of Pottawatomie County, Hon. John G. Canavan, Trial Judge. The defendants — who own and operate the Pottawatomie County jail — appeal the trial court’s decision that certain documents and video recordings were subject to mandatory release pursuant to the Oklahoma Open Records Act and the entry of a writ of mandamus in favor of plaintiffs, Frontier Media Group, Inc., and Kassie Daniel. On review we find that the applicable records releasable under the general provisions of the ORA and that the jail is estopped from raising the question of whether it is a “law enforcement agency” under the ORA for the first time in this appeal. We also reject the jail’s claims that mandamus was unavailable and, based on this record, that the judgment entered was premature. We therefore affirm the decision of the district court. AFFIRMED. Opinion from the Court of Civil Appeals, Division II by BLACKWELL, J.; WISEMAN, P.J., and BARNES, J. (sitting by designation), concur. Dec. 14, 2022
Division III
120,463 – Southhampton, LTD, Helios Financial Holdings Corp., Dealers Assurance Corporation, and Southwest Reinsurance, Inc., Plaintiffs/Counter‑Defendants/Appellees, v. Julie Terry and Michael Terry, Defendants/Counter‑Claimants/Appellants. Appeal from the District Court of Stephens County, Oklahoma. Honorable Ken Graham, Trial Judge. Defendants/Counter‑Claimants/Appellees Julie and Michael Terry appeal from the trial court’s orders striking all their pleadings and granting summary judgment in favor of Plaintiffs/Counter‑Defendants/Appellees Southhampton, Ltd., Helios Financial Holdings, Corp., Dealers Assurance Corporation, and Southwest Reinsure, Inc. (collectively, Plaintiffs). Terrys assert the trial court erred in striking their pleadings as a discovery sanction in granting summary judgment without considering Terrys’ evidentiary materials. The record shows Terrys repeatedly failed to respond to Plaintiffs’ discovery requests and to the trial court’s order compelling them to respond. Terrys also failed to file an objection to the motion to strike their pleadings. The trial court found no lesser sanction would remedy Terrys’ continued refusal to provide discovery responses. On the record presented, we find no abuse of discretion in the trial court’s decision to sanction Terrys. The undisputed facts show Plaintiffs were entitled to judgment as a matter of law and we AFFIRM. Opinion by SWINTON, J.; MITCHELL, V.C.J., and PRINCE, J., concur. Dec. 14, 2022
Division IV
120,398 – Jennifer Witte, as Personal Representative of the Estate of Neil Percy Witte, Deceased, Plaintiff/Appellant, v. Dolese; Dolese Bros. Co., Defendant/Appellee, and HDI, SE, formerly known as International Insurance Company of Hannover SE, Defendant. Appeal from the district court of Cleveland County, Hon. Lori M. Walkley, Trial Judge. In this negligence and wrongful death action, Jennifer Witte, as Personal Representative of the Estate Neil Percy Witte, Deceased, (Plaintiff) appeals from an order of the trial court dismissing her action against Dolese Bros. Co. (Dolese) on that ground that the court lacks subject matter jurisdiction because Dolese is immune from a tort action for the death of Deceased pursuant to the Oklahoma Administrative Workers’ Compensation Act (AWCA), 85A O.S. Supp. 2013 & Supp. 2019 § 5(A) & (E). Although the trial court properly considered Dolese’s motion as one for dismissal, based upon on our review of the materials attached to the motion, factual questions remain about Dolese’s status under the provisions of 85A O.S. § 5(A) & (E) upon which it relies. Consequently, the court erred as a matter of law in granting the motion to dismiss and the cause must be remanded to allow the parties the opportunity to conduct discovery regarding these issues of Dolese’s status and an evidentiary hearing must be held. Accordingly, we reverse and remand for further proceedings. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS. Opinion from Court of Civil Appeals, Division IV, by BARNES, P.J.; FISCHER, C.J., and HIXON, J., concur. Dec. 15, 2022