Dispositions Other Than By Published Opinion | Jan 26, 2022
Oklahoma Court of Civil Appeals
Division I
119,945 – Manamed, Inc., Plaintiff/Appellee, v. Philcare Medical Supplies Inc., and Christopher Parks, Defendants/Appellants. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Kelly Greenough, Trial Judge. Defendants/Appellants, Philcare Medical Supplies, Inc. and Christopher Parks, appeal from the trial court’s summary judgment in favor of Plaintiff/Appellee, Manamed, Inc., in Plaintiff’s action to recover amounts due from Defendants on an open account for medical supplies. The trial court found there were no issues of fact to be tried and concluded Plaintiff was entitled to judgment as a matter of law. The court granted Plaintiff judgment against the Defendants, jointly, in the amount of $169,162.35 with interest, attorney fees and costs. After de novo review, we AFFIRM the trial court’s judgment. Opinion by BELL, P.J.; GOREE, J., and PRINCE, J., (sitting by designation).
Division II
Division III
119,880 – Stephen Nathaniel Currington, Plaintiff/Appellee, v. State of Oklahoma, ex. rel., Department of Public Safety, Defendant/Appellant. Appeal from the District Court of Tulsa County, Oklahoma. Honorable J. Anthony Miller, Trial Judge. Defendant/Appellant, the Department of Public Safety (“DPS”), appeals an order that awarded attorney fees and court costs pursuant to 12 O.S. § 941, in an appeal concerning the suspension of a driver’s license. This is the second appeal stemming from the DPS suspended the license of Plaintiff/Appellee, Stephen N. Currington. This Court affirmed the Journal Entry of Judgment setting aside and vacating the suspension in the First Appeal. We now AFFIRM the trial court’s award of attorney fees and costs against the DPS based on our de novo review of the record and that no abuse of discretion occurred with respect to the awarded amount thereof. Opinion by PRINCE, P.J.; MITCHELL, C.V.J., and SWINTON, J., concur.
119,922 – Scott O. Sapulpa, an individual, Pullman 360, Inc., an Oklahoma corporation, Pullman360.com LLC, an Oklahoma limited liability company; and Pullman 360 Development, Inc., an Oklahoma corporation, Plaintiffs/Appellees, v. Gannett Co. Inc., a Delaware corporation dba The Oklahoman and dba USA Today, Cameron Jourdan, individually and as an employee of Gannett Co., Inc. and Nuria Martinez-Keel, individually and as an employee of Gannett Co., Inc., Defendants/Appellants, and Matthew Shawn Rowan, individually and dba OSPN, NFHS Network LLC, a Delaware for-profit company and CBS Sports, Inc., a Delaware corporation, Defendants. Appeal from the District Court of Muskogee County, Oklahoma. Honorable J. Jeffrey Payton, Trial Judge. Defendants/Appellants, Gannett Co., Inc., Cameron Jourdan, and Nuria Martinez‑Keel (Defendants), appeal from the trial court’s order denying their motion to dismiss the petition of Plaintiffs/Appellees, Scott O. Sapulpa, Pullman 360, Inc., Pullman360.com, LLC, and Pullman 360 Development, Inc. (Sapulpa), pursuant to the Oklahoma Citizen’s Participation Act (OCPA). The trial court denied the motion to dismiss finding that Defendants failed to meet their burden under the OCPA. After de novo review, we find that the trial court’s findings and conclusions are sufficiently supported by the evidence and the trial court’s order adequately explains its decision. Finding no error therein, we affirm under Oklahoma Supreme Court Rule 1.202(d), 12 O.S. 2011, Ch. 15, App. 1. Opinion by MITCHELL, C.V.J.; PRINCE, P.J., and SWINTON, J., concur.
119,037 – Alondra Solis, Individually and as Personal Representative of the Estate of Walter Alexander Fanning and as Parent and Next Friend of Z.G.F., a minor, Plaintiff/Appellee, v. Travelers Casualty Insurance Company of America & the Estate of Donald W. Mayes, Defendants, and Farmington Casualty Company, Intervenor/Appellant. Appeal from the District Court of Ottawa County, Oklahoma. Honorable Barry V. Denney, Trial Judge. Intervenor/Appellant. Farmington Casualty Company appeals from an order of the trial court declaring that 85A O.S. § 43 is unconstitutional. The case stems from a wrongful death action filed by Plaintiff/Appellee Alondra Solis as heir of Walter Fanning, who was fatally injured in a work‑related automobile accident. Farmington argues on appeal, among other propositions of error, that Solis failed to notify the Oklahoma Attorney General of the request to have the statute declared unconstitutional, as required by 12 O.S. § 1653 (C) and 12 O.S. § 2024 (D). Farmington asserts that this sole proposition of error requires reversal. We agree, and REVERSE AND REMAND THE MATTER WITH INSTRUCTIONS to comply with the statutes.. Opinion by SWINTON, J.; MITCHELL, V.C.J., and PRINCE, P.J., concur.