Dispositions Other Than By Published Opinion | Feb. 5, 2025
Oklahoma Court of Civil Appeals
Division I
121,762 – In the Matter of K.C.; D.N.; N.N.; and K.O.; Child(ren) Alleged/Adjudicated Deprived Terina Chura, Mother, Appellant, v. State of Oklahoma, Appellee. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Theresa Dreiling, Trial Judge. This appeal arises from a juvenile deprived action which ultimately resulted in the termination of parental rights of Tertina Chura [Mother] to her biological children, K.D., D.N., N.N., and K.O. [Children] based on the jury findings that Mother “. . . has abused or neglected any child or failed to protect any child from abuse or neglect that is heinous or shocking, and that termination of parental rights is in the best interest of the child.” We affirm. Opinion by GOREE, P.J.; SWINTON, J., and PRINCE, J., concur. January 30, 2025
Division II
Division III
122,101 – D.K. Garnand and Debbie Gernand as Trustees of the Daniel and Deborah Garnand Living Trust, dated June 8, 2000, Plaintiffs/Appellants, v. DCP Southern Hills Pipeline, LLC, Defendant/Appellee. Appeal from the District Court of Logan County, Oklahoma. Honorable Phillip C. Corley, Trial Judge. At issue is whether the court properly granted judgment to a pipeline company on a landowners’ claim for subterranean trespass filed after the expiration of the applicable statute of limitations. Following de novo review, we affirm the judgment because, contrary to the landowners’ claim, the discovery rule did not toll the running of the statute of limitations as the landowners knew or should have known of their claim for subterranean trespass at the time the pipeline work was performed because the surface conditions were sufficient to put reasonable people upon notice. Opinion by MITCHELL, J.; DOWNING, P.J., and BELL, C.J., concur. January 31, 2025
122,365 – In the Matter of L.R. and V.R., Deprived children, State of Oklahoma, Petitioner/Appellee, v. Lakuan Redricks, Respondent/Appellant. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Theresa Dreiling, Trial Judge. Respondent/Appellant, Lakuan Redricks, the biological father of L.R. and V.R., minor children (Father), appeals from the trial court’s order, entered upon a jury’s verdict, terminating his parental rights to the children on the following grounds: 10A O.S. 2021 §1-4-904(B)(5), failure to correct conditions; 10A O.S. 2021 §1-4-904(B)(12), incarceration; and 10A O.S. 2021 §1-4-904(B)(17), duration in foster care. This Court finds the clear and convincing evidence supports the trial court’s determination that it would be in the children’s best interests to terminate Father’s parental rights for Father’s failure to correct the conditions that led to the deprived children adjudication even though he was given the statutory time period to correct such conditions, and based on the court’s finding that continuation of Father’s parental rights would result in harm to the children due to the extended duration of Father’s incarceration and the incarceration’s detrimental effect on the parent/child relationship. This Court also finds clear and convincing evidence supports the trial court’s determination that it would be in the children’s best interests to terminate Father’s parental rights on the basis that the children, being younger than four (4) years of age at the time of placement, have been placed in foster care by the Department of Human Services (DHS) for at least six (6) of the twelve (12) months preceding the filing of the petition to terminate Father’s rights and all named children cannot, at the time of filing of the petition to terminate, be safely returned to Father’s home. Accordingly, the trial court’s order is AFFIRMED. Opinion by BELL, C.J.; DOWNING, P.J., and MITCHELL, J., concur. January 31, 2025
Division IV