Dispositions Other Than By Published Opinion | Feb. 14, 2024
Oklahoma Court of Civil Appeals
Division I
120,791 – In the Matter of L.G., Alleged Deprived Child, Bridget Gladney, Appellant, v. State of Oklahoma, Appellee. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Julie C. Doss, Trial Judge. Appellant, Bridget Gladney, appeals an Order Terminating Parental Rights. L.G. was born during November, 2019, and the Department of Human Services (“DHS”) removed the child from Ms. Gladney’s custody at the time of birth. The child was placed into foster care and the State sought termination of Ms. Gladney’s parental rights. Trial was held during September, 2022. A jury returned a unanimous verdict to terminate Ms. Gladney’s parental rights. We have reviewed the record and find that the State carried its burden to prove that termination was warranted by clear and convincing evidence and that the termination of rights is in the best interests of the child. We, therefore, AFFIRM the Order Terminating Parental Rights. Opinion by PRINCE, J.; BELL, V.C.J., and SWINTON, J., concur. February 8, 2024
121,240 – Aaron Anderson, Plaintiff/Appellant, v. Regina Underwood, d/b/a Cooper Penny Psychological Center PLLC, Defendant/Appellee. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Daman H. Cantrell, Trial Judge. Plaintiff/Appellant, Aaron Anderson (Father), brought this action for child stealing under 43 O.S. 2021 §111.2 against Defendants/Appellees, Regina Underwood, LPC, and Copper Penny Psychological Center PLLC (jointly Counselor). The underlying lawsuit that gave rise to Father’s claims against Counselor is a divorce/custody dispute between Father and H.R. Anderson (Mother), wherein Counselor served as a therapist for the parties’ minor children. In the instant action, Counselor moved to dismiss pursuant to the Oklahoma Citizens Participation Act, 12 O.S. 2021 §1430, et. seq. (Act). The trial court granted the motion and Father filed this interlocutory appeal pursuant to 12 O.S. 2021 §1437. After de novo review of the record, we AFFIRM the trial court’s order. This matter is REMANDED to the trial court with instructions, upon proper application, to hold an evidentiary hearing to determine the reasonable amount of trial and appeal-related attorney fees, costs, and expenses to be awarded Counselor pursuant to 12 O.S. 2021 §1438(A). Opinion by BELL, V.C.J.; SWINTON, P.J., concurs and PRINCE, J., special concurs. February 8, 2024
Division II
121,164 (Companion with Case No. 120,959) – In the Matter of the Estate of Jerry Dean Guest, Deceased, Ronda Townsend and James Larry Townsend, Co-Trustees of the Guest Family Trust U/A/D March 8, 2010, Appellants, vs. Gregory Tontz and Richard Guest, Co-Administrators of the Estate of Jerry Dean Guest, Appellees. Appeal from the District Court of Cleveland County, Hon. Bethany Stanley, Trial Judge. Appellants Ronda Townsend and James Larry Townsend, Co-Trustees of the Guest Family Trust, appeal the trial court’s order denying their application for attorney fees and costs. Because the underlying action was “a judicial proceeding involving a trust” as provided in 60 O.S.2021, § 175.57(D), we reverse the order under review and remand with directions to consider Appellants’ application for attorney fees and costs and determine whether fees and costs should be awarded as justice and equity may require as provided in 60 O.S.2021
§ 175.57(D). REVERSED AND REMANDED WITH DIRECTIONS. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; FISCHER, J., concurs, and BARNES, C.J., concurs specially. February 13, 2024
121,446 – In the Matter of the Adoption of A.I.B.E.: Fernando Anes, Appellant, v. Ezequiel Baez Delgado, Appellee. Appeal from the District Court of Canadian County, Hon. Bob Hughey, Trial Judge. In this contested adoption without parental consent proceeding, Fernando Anes, the stepparent of A.I.B.E. (Stepfather), appeals from the trial court’s order denying his application for an order determining the minor child eligible for adoption without the consent of the child’s father, Ezequiel Baez Delgado (Father). From our review of the record, we conclude the trial court did not incorrectly interpret or apply 10 O.S. 2021 § 7505-4.2(H) and, consequently, its finding that Stepfather failed to overcome the presumption of the need for Father’s consent to the adoption of the minor child and its finding that she is ineligible for adoption are not clearly against the weight of the evidence. Accordingly, we affirm. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by BARNES, C.J.; WISEMAN, P.J., and FISCHER, J., concur. February 13, 2024
Division III
Division IV
120,654 – C. Craig & Associates, Plaintiff/Appellee, vs. Ali Mehdipur, an individual, Defendant, and WCI, LLC, a limited liability company, Defendant/Appellant. Appeal from an Order of the District Court of Oklahoma County, Hon. Brent Dishman, District Judge. WCI, LLC appeals a fee award granted to C. Craig Cole & Associates (Cole) resulting from a suit by Cole to recover payment for legal services provided to the company. On review, we reject WCI’s arguments that the fee is either inherently unreasonable when compared to the amount in controversy or constitutionally prohibited and thereby affirm the award as within the court’s discretion. AFFIRMED. Opinion from the Court of Civil Appeals, Division IV by BLACKWELL, J.; HUBER, P.J., and HIXON, J., concur. February 9, 2024
121,146 – Christian Littlehead, Paintiff/Appellee, vs. State of Oklahoma, ex rel. Department of Public Safety, Defendant/Appellant. Appeal of an Order of the District Court of Cleveland County, Hon. Jeff Virgin, District Judge. The Department of Public Safety appeals the district court’s grant of Christian Littlehead’s appeal of the revocation of his driver’s license. The court found that no representative of the Department appeared to contest the matter and thereby granted judgment to Littlehead. On review, we find that the proper party to oppose the appeal, Service Oklahoma, did appear, but was prevented from contesting the appeal by the court’s decision that it had no standing. We reverse the decision of the district court and remand for further proceedings. Reversed and Remanded. Opinion from the Court of Civil Appeals, Division IV by BLACKWELL, J.; HUBER, P.J., and HIXON, J., concur. February 9, 2024