Dispositions Other Than By Published Opinion | Feb. 26, 2025
Oklahoma Court of Civil Appeals
Division I
121,772 – Betty Sue Adams Purcell; Gilbert Lynn Purcell, Jr.; Susan Denise Purcell Perine; Twila June Adams Miller; and Becky Lynn Miller Conti, Appellants, v. Todd A. Parker and Jessica D. Parker, husband and wife; State of Oklahoma, ex rel. Oklahoma Water Resources Board, Appellees. Appeal from the District Court of McClain County, Oklahoma. Honorable Michael Tupper, Trial Judge. Betty Sue Adams Purcell, Gilbert Lynn Purcell, Jr., Susan Denise Purcell Perine, Twila June Adams Miller, and Becky Lynn Miller Conti (Plaintiffs/Appellants) (collectively “the Purcells”) appealed the trial court’s Order affirming the Oklahoma Water Resources Board’s award of a Stream Water Use Permit to Todd and Jessica Parker (Defendants/Appellants) (collectively “the Parkers”). The Permit conferred the Parkers with the appropriative right to annually extract 109 acre-feet of water from Colbert Lake to sell for oil and gas use. The Purcells claimed the OWRB erroneously calculated Colbert Lake’s total water volume by using allegedly outdated data from the National Resources Conservation Service and, consequently, erroneously calculated the amount of water available for extraction. As a result of the purported miscalculations, the Purcells contended that the Parkers’ extraction of 109 acre-feet of water each year will interfere with the Purcells’ use of water from Colbert Lake. We find no underlying error, as the record contains evidence confirming the OWRB sufficiently considered relevant evidence and complied with applicable procedures to, ultimately, approve the Parkers’ Permit application. Accordingly, the trial court’s Order is AFFIRMED. Opinion by PRINCE, J.; GOREE, P.J., and SWINTON, J., concur. Feb. 20, 2025
122,386 – Dustin Brown, Plaintiff/Appellant, v. Welsh & McGough, PLLC, and Catherine Welsh, Defendants/Appellees. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Daman H. Cantrell, Trial Judge. Dustin Brown, Plaintiff/Appellant, commenced this tort action against Catherine Welsh, Defendant/Appellee, who had served as the guardian ad litem in a child support proceeding. The trial court granted the motion to dismiss of Welsh and her law firm, and we affirm because Brown’s allegations relate to Welsh’s official duties and she is immune from suit according to Perigo v. Wiseman, 2000 OK 67, 11 P.3d 217. Opinion by GOREE, P.J.; SWINTON, J., and PRINCE, J., concur. Feb. 20, 2025
121,376 – LSF8 Master Participation Trust, Plaintiff/Appellee, v. Ronald E. Marusak a/k/a Ron Marusak, Spouse if any, of Ronald E. Marusak, and John Doe, Defendant, Allison Marusak, as Personal Representative of Ronald Marusak, Deceased, Defendant/Appellant. Appeal from the District Court of Carter County, Oklahoma. Honorable Dennis Gay, Trial Judge. Allison Marusak, personal representative of Ronald Marusak, Defendant/Appellant, appeals orders arising from a judgment in favor of LSF8 Master Participation Trust, Plaintiff/Appellee, foreclosing a mortgage. The trial court denied Appellant’s motion for a continuance, denied Appellant’s motion to disqualify opposing counsel, and granted Appellee’s motion to confirm the sheriff’s sale. The orders are affirmed. Opinion by GOREE, P.J.; SWINTON, J., and BELL, C.J., (sitting by designation), concur. Feb. 21, 2025
Division II
Division III
121,546 – Continental Resources, Inc., Plaintiff/Appellee/Counter-Appellant, v. Hiland Partners Holdings, LLC, Defendant, and Avansic, Inc., Gavin W. Manes, and Lance Watson, Non-Parties/Appellants/Counter-Appellees. Appeal from the District Court of Garfield County, Oklahoma. Honorable Tom Newby, Trial Judge. This case presents competing appeals that challenge the trial court’s award of attorney fees and costs to a non-party after the settlement and dismissal of all claims by the parties. Prior to dismissal of the case, one of the parties and the non-party engaged in a discovery dispute for which the non-party sought attorney fees after the case was closed. The trial court awarded a reduced fee, and both the party and non-party appealed. Following de novo review, we hold that once the case was settled and dismissed, the trial court lost jurisdiction and did not have authority to enter an award for attorney fees. The order of the trial court awarding attorney fees and costs to the non-party is REVERSED. Opinion by MITCHELL, J.; BELL, C.J., and DOWNING, P.J., concur. Feb. 20, 2025
121,751 – Arvid J. Bjorkman, et al., Plaintiffs/Appellees, v. Terry B. Noble, Defendant/Appellant. Appeal from the District Court of Cherokee County, Oklahoma. Honorable Josh King, Trial Judge. Plaintiffs/Appellees, Arvid J. Bjorkman, et al., filed a petition against Defendant/Appellant, Terry B. Noble, for conversion, trespass, outrage, reformation of restrictive covenants, quiet title, and for an injunction preventing Defendant from interfering with Plaintiffs’ use of common areas of a real estate development. Plaintiffs were granted summary judgment by default and were awarded actual damages of $75,000.00, punitive damages of $50,000.00, and attorney fees of $20,000.00. Defendant filed a petition to vacate the judgment on the basis that the judgment was obtained by fraud and intrinsic fraud. Defendant also asserted his former counsel’s negligence in failing to respond to the motion for summary judgment caused the entry of the judgment by “unavoidable casualty or misfortune” and an “irregularity.” The trial court denied the petition to vacate on the grounds that Defendant “did not include a defense to the action” and Defendant did not plead fraud with “particularity.” The court rejected Defendant’s claim that the judgment was obtained by “unavoidable casualty or misfortune,” and “irregularity” finding Defendant’s communication and dealings with his previous counsel amounted to contributory negligence. Defendant appeals alleging the trial court abused its discretion when it denied the petition to vacate. After reviewing the record, we cannot find the trial court abused its discretion when it denied the petition to vacate. The trial court’s order is AFFIRMED. Opinion by BELL, C.J.; DOWNING, P.J., and MITCHELL, J., concur. Feb. 20, 2025
Division IV
122,176 – Jordan Matthew Girouard, Petitioner, vs. Arcosa Wind Towers, Inc., and AIU Insurance Co. (National Union fire Insurance Company of Pittsburgh PA) Insurer, Respondents. Appeal from the Workers’ Compensation Commission. Jordan M. Girouard (Claimant) seeks review of an order of the Workers’ Compensation Commission en banc (Commission) affirming the Administrative Law Judge’s (ALJ) dismissal of Claimant’s claim with prejudice. Relying on 85A O.S.2021, § 69(A)(4), the ALJ found Claimant failed, within 6 months of filing his claim, to either (a) make a good faith request for a hearing or (b) receive or seek benefits. Finding no error, we sustain the Commission’s April 23, 2024 order affirming the ALJ’s order dismissing Claimant’s claim with prejudice pursuant to 85A O.S.2021, § 69(A)(4). SUSTAINED. Opinion from Court of Civil Appeals, Division IV, by HIXON, V.C.J.; BARNES, P.J., and HUBER, J., concur. Feb. 21, 2025
121,881 – Trinity Restoration and Construction, Inc., Plaintiff/Appellant, v. Florida Construction, Inc., and Saeed J. Farzaneh, Defendants/Appellees. Appeal from the District Court of Cleveland County, Hon. Jeff Virgin, Trial Judge. Trinity Restoration and Construction, Inc., appeals from the district court’s order vacating an arbitrator’s award. Based on our de novo review of the district court’s ruling, we reverse the district court’s order vacating the arbitrator’s award. We remand with instructions to the district court to grant Trinity’s petition to confirm the arbitration award. REVERSED AND REMANDED WITH INSTRUCTIONS. Opinion from Court of Civil Appeals, Division IV, by BARNES, P.J.; HIXON, V.C.J., and HUBER, J., concur. Feb. 24, 2025