Dispositions Other Than By Published Opinion | Feb. 25, 2026
Oklahoma Court of Civil Appeals
Division I
122,753 – Steven B. Silverstein, and Roxie Silverstein, Plaintiffs/Appellant, v. Farmers Group, Inc., Defendant/Appellee, and Farmers Insurance Exchange and Farmers Group, Defendants. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Caroline Wall, Trial Judge. This is an appeal from the district court’s denial of prejudgment and post-judgment interest. We hold that neither are permitted under 36 O.S. §3629 and 23 O.S. §6 and therefore the order is AFFIRMED. Opinion by GOREE, J.; SWINTON, P.J., and BELL, J., concur. February 18, 2026
122,868 – Shirley Ann Stewart, Petitioner/Appellee, v. James Daniel Stewart, Jr., Respondent/Appellant. Appeal from the District Court of Bryan County, Oklahoma. Honorable Mark Campbell, Trial Judge. In this post-dissolution of marriage proceeding, Respondent/Appellant, James Daniel Stewart, Jr. (Husband), appeals from the trial court’s order, entered February 20, 2025 (2025 Order), enforcing the trial court’s December 30, 2022, order (2022 Order) which determined separate property and divided marital property. Husband claims the 2025 Order impermissibly modified the 2022 Order which was a final, unmodifiable order. Husband also asserts the trial court abused its discretion when it awarded Petitioner/Appellee, Shirley Ann Stewart (Wife), attorney fees as a sanction and when it confounded the remedies available in indirect contempt proceedings with the sanction. Husband also challenges the trial court’s factual finding that Husband wrongfully took Wife’s personal property and when the trial court awarded Wife a judgment for $41,138.00 for the value of such property. Husband also asserts the trial court abused its discretion when it precluded Husband from applying for attorney fees and costs. After reviewing the record, this Court holds the trial court did not abuse its discretion or hold contrary to law. The trial court’s 2025 Order is affirmed. Opinion by BELL, J.; SWINTON, P.J., and GOREE, J., concur. February 18, 2026
123,075 – American General Life Insurance Company, Interpleader Plaintiff/Appellee, Karla D. Dowell, Interpleader Defendant, and April Degroat, Interpleader Defendant/Appellant. Appeal from the District Court of Rogers County, Oklahoma. Honorable Sue Nigh, Trial Judge. In this interpleader action, the defendant filed a counterclaim seeking relief in the form of breach of the covenant of good faith and fair dealing. After the insurer interpleaded policy funds with the trial court, however, the trial court determined an insurer may be discharged from liability to the defendants. We affirm in part and reverse in part and determine an action based on the tort of bad faith is not barred by the insurer’s discharge with prejudice from any and all liability to the defendants. Opinion by GOREE, J.; SWINTON, P.J., and BELL, J., concur. February 18, 2026
123,153 – Marvin Ray Mercer and Christine Mercer, husband and wife, and Harvey Edwin Mercer and Nora Mercer, husband and wife, and Carl Elton Mercer and Shelia Mercer, husband and wife, Plaintiffs/Appellants, v. Parker Joe Scroggins, individually and as Personal Representative of the Estate of Joyce Fay Scroggins, Deceased, Defendants/Appellees. Appeal from the District Court of Stephens County, Oklahoma. Honorable Lawrence M. Wheeler, Trial Judge. Plaintiffs/Appellants, Marvin and Christine Mercer, Harvey and Nora Mercer, and Carl and Shelia Mercer, seek review of the May 6, 2025 Stephens County District Court order granting Defendants’/Appellees’ (Parker Joe Scroggins, individually and as Personal Representative of the Estate of Joyce Fay Scroggins) Motion for Summary Judgment, denying Appellants’ Second Motion to Reconsider, judgment and decree Quieting Title of the parties and denying Ejectment. The May 6, 2025 order of the Stephens County District Court is AFFIRMED IN PART, REVERSED IN PART AND REMANDED. Opinion by GOREE, J.; SWINTON, P.J., and BELL, J. concur. February 18, 2026
123,354 – Tamie Ybarra, Plaintiff/Appellant, v. Quiktrip Corporation, Defendant/Appellee. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Kelly M. Greenough, Trial Judge. Plaintiff/Appellant Tamie Ybarra appeals from the trial court’s order granting Defendant/Appellee QuikTrip Corporation’s motion to dismiss for forum non conveniens. We find no abuse of discretion and affirm. Opinion by SWINTON, P.J.; BELL, J., GOREE, J., concur. February 18, 2026
123,475 – In the Matter of L.C., alleged deprived child, Shana Confer, Appellant, State of Oklahoma, Appellee. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Gary Davis, Trial Judge. Appellant, Shana Confer, (Mother) the biological mother of L.C., a minor child born December 18, 2017, appeals from the trial court’s order entered upon a jury’s verdict terminating her parental rights to the child. Mother contends State failed to provide clear and convincing evidence in support of termination under 10A O.S. 2021 §1-4-904(B)(13); therefore, the trial court committed error when it terminated her parental rights under this subsection. The jury’s verdict found Mother’s rights should be terminated under subsections 1-4-904(B)(5), (B)(13) and (B)(14). The statutory ground for termination for a diagnosed cognitive disorder at §1-4-904(B)(13) is not exclusive but complements the ground for termination at §1-4-904(B)(5) for failure to correct such cognitive disorder. Matter of B.K. 2017 OK 58, 398 P.3d 323. This Court holds clear and convincing evidence supports the trial court’s judgment terminating Mother’s parental rights to the child. This Court further holds the clear and convincing evidence supports the trial court’s determination that it is in the child’s best interest to terminate Mother’s parental rights. The trial court’s order is affirmed. Opinion by BELL, J.; SWINTON, P.J., and GOREE, J., concur. February 18, 2026
Division II
123,009 – Marcus A. Ude, Jr., Plaintiff/Appellant, vs. American Dream, LLC, an Oklahoma limited liability company, Forrest “Butch” Freeman, County Treasurer of Oklahoma County, and City of Midwest City, an Oklahoma municipal corporation, Defendants/Appellees. Appeal from the District Court of Oklahoma County, Honorable Natalie Mai, Trial Judge. Plaintiff Marcus A. Ude, Jr., appeals the trial court’s order granting Defendants’ motions for summary judgment. Plaintiff Ude alleges he has owned the property at issue since October 5, 2006. His principal complaint against all Defendants is their failure to give proper notice that his property was being sold at a tax resale to satisfy City’s lien for cleaning and mowing Plaintiff’s property. Plaintiff asks the trial court to invalidate the tax deed and quiet title to the property in his favor. Oklahoma County Treasurer filed a motion for summary judgment arguing (1) County “complied fully with the statutory notice of tax resale requirements” and (2) that “actual notice of the tax resale is not required.” City also filed a motion for summary judgment asserting Plaintiff received proper notice according to state statutes and municipal ordinances applicable to the cleaning and mowing of property. After review, we conclude the undisputed evidence summarized in our Opinion concerning County’s efforts to notify Plaintiff of the resale is sufficient to show County took additional steps to supply Plaintiff with notice, steps reasonably calculated to provide him with actual notice. This issue is dispositive, and we affirm the trial court’s judgment. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; HIXON, C.J., and FISCHER, J., concur. February 18, 2026
121,622 – Alan Philip Niemann and Gwen Sue Niemann, individually and as Trustees of the Kingsbury Trust Dated November 27, 2007, Plaintiffs/Appellants, vs. Doug Hartman and Marilee F. Hartman, husband and wife, Defendants/ Appellees. Proceeding to review an Order of the District Court of Oklahoma County, Hon. C. Brent Dishman, Trial Judge. Plaintiffs/Appellants, Alan Niemann and Gwen Niemann, appeal from the district court’s order denying their Renewed Motion to Enforce Settlement Agreement. The Renewed Motion was filed after mandate was issued in a previous appeal, where Division I of the Court of Civil Appeals upheld the district court’s order requiring the Appellees, Doug Hartman and Marilee Hartman, to remove a dirt berm “road” near the parties’ property line and restore the natural slope which previously existed there. The Niemanns also appeal the district court’s denial of their request to reconsider that ruling. Because the district court erred in denying both motions, the orders appealed are reversed and the matter is remanded for further proceedings consistent with this Opinion and the law of the case settled by Niemann v. Hartman, No. 118,223, slip op. (COCA Div. I, Apr. 23, 2021) (unpublished) (“Niemann I”). REVERSED AND REMANDED WITH INSTRUCTIONS. Opinion from the Court of Civil Appeals, Division II by FISCHER, J.; HIXON, C.J., and WISEMAN, P.J., concur. February 18, 2026
Division III
123,454 – In the Matter of: N.R., Alleged Deprived Child: James Clarence Rosser, III, Appellant, v. State of Oklahoma, Appellee. Appeal from the District Court of Stephens County, Oklahoma. Honorable Lawrence M. Wheeler, Trial Judge. James Clarence Rosser, III (Father) appeals the trial court’s September 2, 2025 Order Terminating Parental Rights following a jury trial on August 18-19, 2025. We have reviewed the record and applicable law and are not persuaded by Father’s arguments. Clear and convincing evidence supports termination. We AFFIRM. We AFFIRM. Opinion by DOWNING, P.J.; PRINCE, V.C.J., and MITCHELL, J., concur. February 20, 2026
Division IV
122,140 – In the Matter of the Guardianship of Craig M. Wilson, Sr., An Incapacitated Adult, Teddy Wilson, Appellant, vs. Craig M. Wilson, Jr., and Penny Dunne-Muzi, Appellees. Appeal from the District Court of Noble County, Hon. Nikki G. Leach, Trial Judge. Teddy L. Wilson appeals the trial court’s Dispositional Order Appointing Guardians finding Craig M. Wilson, Sr. to be an incapacitated person and appointing Craig M. Wilson, Jr. and Penny Dunne-Muzi as guardians of the person and property of Craig M. Wilson, Sr. We conclude Appellant has failed to show any trial court error, and we affirm the trial court’s Dispositional Order Appointing Guardians. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HUBER, J.; BLACKWELL, P.J., and BARNES, J., concur. February 18, 2026