Dispositions Other Than By Published Opinion | Jan 12, 2022

Oklahoma Court of Civil Appeals

Division I

119,451 – Granvel Tomlin, Petitioner/Appellant, v. State of Oklahoma, ex rel. Oklahoma Employment Security Commission and Board of Review, Respondent/Appellee.  Appeal from the District Court of Tulsa County, Oklahoma.  Honorable Rebecca Nightingale, Trial Judge. Granvel Tomlin, Appellant, seeks review of the Tulsa County District Court’s March 2, 2021 order affirming the opinion of the Board of Review, finding the Board’s decision was supported by competent evidence and not contrary to law. Tomlin sought unemployment benefits for a two month period during which he had been awarded, but had not yet received, his retirement benefits. The Tulsa County District Court affirmed the Board’s decision finding the payment gap to be permissible. The appealed order is AFFIRMED.  Opinion by GOREE, J.; BELL, P.J., and PRINCE, J., (sitting by designation) concur. –Jan 5, 2022


118,896        –    In re the Marriage of Benny Eugene McCombs, Petitioner/Appellant, v. Taliena Mueller, Respondent/Appellee.  Appeal from the District Court of Tulsa County, Oklahoma.  Honorable Tammy Bruce, Trial Judge.  In this proceeding to modify the physical custody of a minor child, Petitioner/Appellant, Benny McCombs (Father), appeals from the trial court’s order extending its ex parte order requiring supervised visitation between Father and the parties’ minor child.  This order also ordered psychological evaluations, individual and family therapy, a compassionate workshop, and co-parenting classes.  Father also appeals from the trial court’s decision to proceed with the hearing on Father’s application for citation of contempt against Respondent/Appellee, Talena Mueller, now Joines (Mother), after Father orally withdrew the application.  We hold the trial court did not abuse its discretion when it chose to proceed with the hearing on the contempt citation and when it determined Mother was not guilty of contempt.  We further hold the trial court did not abuse its discretion or hold contrary to the weight of the evidence when it determined to continue the emergency and supervised visitation between Father and the minor child, and when it declined to lift the supervised visitation until the parties attend individual and family therapy, complete psychological evaluations, take the compassionate workshop and take co-parenting classes.  The trial court’s order is affirmed.  Opinion by BELL, P.J.; GOREE, J., and PRINCE, J., (sitting by designation) concur.– Jan. 4, 2022

Division II

Division III

Division IV

118,460 — Randy Spitz, Plaintiff/Appellee, vs. Nancy A. Aguilar and Real Trucking, Inc., Defendants/Appellants.  Appeal from an Order of the District Court of Oklahoma County, Hon. Richard Ogden, Trial Judge.  Defendants Nancy Aguilar (“Aguilar”) and Real Trucking, Inc. appeal from judgment in favor of Plaintiff Randy Spitz following jury trial in this auto negligence action in which the jury assigned 90% of fault to Aguilar and determined Spitz’s damages to be $2,500,000.00, subject to reduction by his own 10% negligence.  After review, this Court has identified a single, harmless error amid Aguilar’s numerous propositions.  We will not disturb the jury’s verdict under the facts of record.  Accordingly, Aguilar has failed to meet her burden to establish reversible error on appeal.  The trial court’s judgment is therefore affirmed.  AFFIRMED.  Opinion from Court of Civil Appeals, Division IV, by HIXON, P.J.; FISCHER, V.C.J., and RAPP, J., concur. – Dec. 29, 2021