Dispositions Other Than By Published Opinion | Dec. 28, 2022

Oklahoma Court of Civil Appeals

Division I


Division II

119,903 – In re the Marriage of: Kevin W. Wallace, Petitioner/Appellee, vs. Angela Dee Wallace, Respondent/Appellant. Appeal from the District Court of Lincoln County, Hon. Emily J. Mueller, Trial Judge. Angela Dee Wallace appeals the trial court’s order denying her motion for new trial and denying her request for an award of interest on the judgment for past-due child support the trial court entered in her favor and against petitioner, Kevin W. Wallace. Because the trial court erred in denying Angela’s request for postjudgment interest, we reverse the orders appealed in part and remand with instructions to enter a judgment awarding Angela postjudgment interest. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Opinion from Court of Civil Appeals, Division II, by BLACKWELL, J.; WISEMAN, P.J., and BARNES J. (sitting by designation), concur. Dec. 21, 2022

Division III


Division IV

120,453 – Mark A. Pendergraft, an individual, Plaintiff/Appellant, v. Kelly Meredith-McCann, a/k/a Kelly Williams, an individual, Defendant/Appellee.  Appeal from the District Court of Oklahoma County, Hon. C. Brent Dishman, Trial Judge.  Plaintiff appeals from the district court’s order granting the motion to dismiss of Defendant.  We are unpersuaded by Defendant’s argument pertaining to whether Plaintiff has stated a claim of defamation.  However, we agree with her arguments pertaining to Plaintiff’s attempt to state claims of false light invasion of privacy and intentional infliction of emotional distress.  Although Plaintiff has failed to state claims of false light invasion of privacy and intentional infliction of emotional distress, we conclude the district court erred in denying his request that he be granted leave to amend.  Therefore, we reverse the dismissal of the defamation claim, we affirm the dismissal of the false light invasion of privacy and intentional infliction of emotional distress claims, and we remand with instructions to the district court to grant Plaintiff leave to amend in a manner consistent with 12 O.S. 2021 § 2012(G).  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.  Opinion from Court of Civil Appeals, Division IV, by BARNES, P.J.; HIXON, J., concurs, and FISCHER, C.J., concurs in part, dissents in part, concurs in result. Dec. 14, 2022