Dispositions Other Than By Published Opinion | Feb. 22, 2023
Oklahoma Court of Civil Appeals
Division I
Division II
120,366 – MJO Properties, LLC, an Oklahoma limited liability company, Plaintiff/Appellant, vs. All America Bank, Inc., Defendant/Appellee, and Big Country Contractors & Roofing, LLC, a domestic limited liability company, Additional Defendant. Appeal from the District Court of Oklahoma County, Hon. Don Andrews, Trial Judge. MJO Properties, LLC (MJO) appeals an order granting All America Bank, Inc.’s (Bank) motion for summary judgment, dismissing MJO’s suit with prejudice. After MJO’s real property was foreclosed, Big Country Contractors & Roofing, LLC (Big Country) purchased the property at sheriff’s sale. Bank loaned Big Country the funds to purchase the property. MJO attempted thereafter on more than one occasion to vacate the original foreclosure judgment. Based on a contention that the original foreclosure should have been vacated, as well as a misrepresentation that the foreclosure judgment had since been vacated, MJO sued Bank in the present case for allegedly failing to conduct a “due diligence” inquiry as to whether the foreclosure and sheriff’s sale was valid. Based on our review of the record and applicable law, we find MJO’s action to be entirely without merit. We therefore affirm the order under review as modified. AFFIRMED AS MODIFIED. Opinion from Court of Civil Appeals, Division II, by HIXON, J.; BARNES, V.C.J., and WISEMAN, P.J., concur. Feb. 16, 2023
120,373 – JPMorgan Chase Bank, N.A., Plaintiff/Appellee, vs. Maurice Harrison, a/k/a Maurice F. Harrison, a/k/a Maurice Franklin Harrison, Defendant/Appellant, and Spouse of Maurice Harrison, a/k/a Maurice F. Harrison, a/k/a Maurice Franklin Harrison, if married, Corinna Harrison, Occupants of the Premises, and Southridge Owners Association, Defendants, and State of Oklahoma, ex rel., Oklahoma Tax Commission, Additional Defendant. Appeal from the District Court of Cleveland County, Hon. Michael D. Tupper, Trial Judge. Maurice Harrison (Harrison) appeals summary judgment in favor of JPMorgan Chase Bank, N.A., (Bank) in this mortgage foreclosure action. Harrison failed to dispute with evidence any material fact relevant to Bank’s foreclosure action. His argument that Bank failed to support its Motion with competent evidence is without merit. Based upon our review of the record and applicable law, we affirm the trial court’s Final Journal Entry of Judgment. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by HIXON, J.; BARNES, V.C.J., and WISEMAN, P.J., concur. Feb. 16, 2023
120,628 – In the Matter of the Adoption of: B.K.R.G., a Minor Child Rebecca Cody, Respondent/Appellant, v. Rachel Nicole Cody, Petitioner/Appellee. Appeal from the District Court of McClain County, Hon. Charles Gray, Trial Judge. Appellant Rebecca Cody (Mother) appeals from the district court’s “Order Sustaining Application for Order Determining the Child Eligible for Adoption Without the Consent of Mother of [B.K.R.G.]” filed by Mother’s half-sister and the guardian of the minor child, Appellee Rachel Nicole Cody. We conclude the district court did not err in finding clear and convincing evidence was presented that Mother willfully failed to pay child support for her child during the relevant period according to her financial ability. We also conclude further necessary issues remain undecided in this proceeding. Accordingly, we affirm and remand for further proceedings. AFFIRMED AND REMANDED FOR FURTHER PROCEEDINGS. Opinion from Court of Civil Appeals, Division II, by BARNES, V.C.J.; WISEMAN, P.J., and HIXON, J., concur. Feb. 16, 2023
120,449 – Christopher Renyles McCleary, Plaintiff/Appellant, vs. Nexstar Media Group, Inc.; and Tribune Broadcasting Company II, LLC, Defendants/Appellees. Appeal from the District Court of Oklahoma County, Hon. Richard Ogden, Trial Judge. Plaintiff Christopher McCleary (McCleary) appeals from an order dismissing with prejudice his claims against Nexstar Media Group, Inc. and Tribune Broadcasting Company II, LLC (Defendants) pursuant to the Oklahoma Citizens Participation Act., 12 O.S. Supp. 2014, §§1430 et seq. (OCPA). McCleary alleges Defendants incorrectly displayed his photograph during a news story concerning another individual of the same or similar name who pled guilty to federal criminal charges in Texas. McCleary sued Defendants for libel per se, false light invasion of privacy, and intentional infliction of emotional distress. Defendants moved to dismiss pursuant to the OCPA. The trial court determined that Defendants had successfully established the OCPA applied, that McCleary had failed to meet his burden to establish a prima facie case by clear and specific evidence, and declined to grant McCleary leave to engage in limited discovery pursuant to 12 O.S. §1435(B). On review of the record on appeal, and under the particular facts of this case, we reverse the trial court’s Order with instructions to allow McCleary limited discovery to be defined by the trial court, consistent with this Opinion. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS WITH INSTRUCTIONS. Opinion from Court of Civil Appeals, Division II, by HIXON, J.; BARNES, V.C.J., and WISEMAN, P.J., concur. Feb. 17, 2023
Division III
120,070 – Jenks Outdoor Advertising, LLC, Plaintiff/Appellee, V. City of Glenpool Board of Adjustment, Defendant/Appellant. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Douglas E. Drummond, Trial Judge. Defendant/Appellant, City of Glenpool Board of Adjustment (Board), appeals from the trial court’s order, issued after conducting a trial de novo, which granted a zoning ordinance variance to Plaintiff/Appellee, Jenks Outdoor Advertising, LLC. In February 2021, Plaintiff applied for a variance from Board to increase the size of a billboard it planned to erect near Highway 75 in south Glenpool. The Board had previously granted, in 2009, an identical variance to Plaintiff for the exact sign on the same property. That variance expired because Plaintiff did not utilize it within one (1) year due to the economic downturn at the time. Board voted to deny the variance request and Plaintiff timely appealed the decision to the trial court. Following a trial de novo, the trial court issued a thorough and detailed order granting Plaintiff a variance. We hold the trial court’s decision is consistent with the clear weight of the evidence. We further conclude the trial court’s findings of fact and conclusions of law are supported by sufficient competent evidence and adequate explain the decision. AFFIRMED UNDER RULE 1.202(b) & (d). Opinion by BELL, J.; PRINCE, P.J., and MITCHELL, C.J., concur. Feb. 16, 2023
Division IV
119,847 – Susan Rae Wilson, Petitioner/Appellee, vs. Jason Allen Wilson, Respondent/Appellant. Appeal from an Order of the District Court of Pottawatomie County, Hon. Emily Mueller, Trial Judge. Jason Wilson appeals the trial court’s modification of the parties’ joint custody plan after Jason’s former wife, Susan Wilson, sought such modification. Although the parties remain joint legal custodians under the trial court’s order, Susan was made the primary decision maker—previously there was none—and the primary custodian during the school week. On review, we find the trial court’s decision is not against the clear weight of the evidence or an abuse of discretion, and therefore affirm. AFFIRMED. Opinion from the Court of Civil Appeals, Division IV, by BLACKWELL, P.J.; FISCHER, J., and BARNES, V.C.J. (sitting by designation), concur. Feb. 16, 2023
119,802 – C. Craig Cole & Associates, Plaintiff/Appellee, vs. W.C.I., L.L.C., a Limited Liability Company, Defendant/Appellant, and Ali Mehdipour, Defendant. Appeal from an Order of the District Court of Oklahoma County, Hon. Cindy H. Truong, Trial Judge. WCI, LLC, appeals a judgment of the district court finding it in default and imposing liability for a sum certain debt when it failed to obtain counsel after the court ordered it to do so. On review, we affirm the judgment of the district court. AFFIRMED. Opinion from the Court of Civil Appeals, Division IV, by BLACKWELL, P.J.; HIXON, J. (sitting by designation), concurs, and FISCHER, J., concurs in part and dissents in part. Feb. 17, 2023