Dispositions Other Than By Published Opinion | Jan. 10, 2024
Oklahoma Court of Civil Appeals
Division I
121,246 – Kim Carleson, Stephen Carleson, Kylee Carleson, and SANDRA MASSANELLI, Plaintiffs/Appellees, v. LAND ROVER TULSA, LLC, d/b/a JAGUAR LAND ROVER TULSA, Defendant/Appellant. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Daman H. Cantrell, Trial Judge. Defendant/Appellant Land Rover Tulsa, LLC, d/b/a Jaguar Land Rover Tulsa (“Dealer”) appeals from the trial court’s interlocutory order denying without prejudice its motion to compel arbitration. Plaintiffs/Appellees Kim Carleson, Stephen Carleson (Carlesons), Kylee Carleson (Kylee), and Sandra Massanelli (collectively, “Buyers”) sued Dealer for fraud, deceit, breach of contract, and consumer protection violations, all related to the purchase of a used car. Dealer sought to compel arbitration, asserting Kylee and Massanelli had signed two contracts that contained arbitration clauses. Buyers opposed Dealer’s motion, arguing Carlesons did not sign the contracts, the transaction was the product of fraud, a waiver of a jury trial is unconstitutional, and there was no meeting of the minds on arbitration because the dispute resolution clauses in the two contracts were in conflict on material terms. After de novo review of the limited record presented and applicable law, we agree with the trial court that additional fact-finding is necessary to determine the existence of an agreement to arbitrate. We therefore affirm the interlocutory order denying Dealer’s motion to compel without prejudice. Opinion by SWINTON, J.; GOREE, P.J., concurs and DOWING, J., dissents. January 5, 2024
Division II
120,163 – R4 Ventures, LLC, an Oklahoma limited liability company; and Connie S. Redgate, Plaintiffs/Appellees, v. Nancy Campbell and Kellye Elwood, Co-Trustees of the Bobbie Turney Trust, Defendants/Appellants. Appeal from the District Court of Kingfisher County, Hon. Lance E. Schneiter, Trial Judge. This appeal arises from a contract dispute. Defendants appeal from an order of the district court finding in favor of Plaintiffs following a non-jury trial. Based on our review, we affirm the district court’s order finding the parties entered into an enforceable agreement and finding in favor of Plaintiffs on Plaintiffs’ claims for breach of contract, specific performance, quiet title and an accounting. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by BARNES, V.C.J.; WISEMAN, P.J., and HIXON, J., concur. January 9, 2024
120,757 — 4 Star General Contracting, LLC, Petitioner/Appellant, vs. Oklahoma Department of Labor and Jennifer Clayton, Respondents/Appellees. Appeal from the District Court of Oklahoma County, Hon. C. Brent Dishman, Trial Judge. 4 Star General Contracting, LLC appeals the district court’s order affirming two Oklahoma Department of Labor Final Agency Determinations, awarding Jennifer Clayton unpaid wages, liquidated damages, and an attorney’s fee. Based on our review of the facts and applicable law, we affirm the order under review. AFFIRMED. Substitute Opinion on Rehearing from Court of Civil Appeals, Division II, by HIXON, J.; BARNES, V.C.J., and WISEMAN, P.J., concur. January 9, 2024
Division III
Division IV