Dispositions Other Than By Published Opinion | Jan. 4, 2023
Oklahoma Court of Civil Appeals
Division I
Division II
120,424 — Jason E. Wright, Petitioner, vs. Multiple Injury Trust Fund and The Workers’ Compensation Court of Existing Claims, Respondents. Claimant Jason Wright seeks review of an order of a three-judge panel of the Workers’ Compensation Court of Existing Claims denying him benefits from the Multiple Injury Trust Fund on the ground that his combined injuries do not constitute permanent total disability. After review, we conclude the three-judge panel’s decision is supported by competent evidence, and we sustain its order. SUSTAINED. Opinion from the Court of Civil Appeals, Division II, by WISEMAN, P.J.; BLACKWELL, J., and HIXON, J. (sitting by designation), concur. Dec. 28, 2022
119,793 – Chris Holland, Plaintiff/Appellee/Counter-Appellant, vs. Vimala Agrawal, Defendant/Appellant/Counter-Appellee, and Amy Agrawal and Vance 1 Properties, LLC, Defendants. Appeal from an order of the District Court of Oklahoma County, Hon. Cindy Truong, Trial Judge. Vimala Agrawal appeals a trial court judgment finding that she fraudulently conveyed a property the court described as the Lincoln Boulevard Property. Chris Holland appeals the same order claiming the trial court erred in finding that Vimala did not fraudulently convey a second property the court described as the Braden Park Property. After review, we conclude that the court did not address the question of whether Holland’s claims are barred by the applicable statute of limitations. We must reverse the judgment and remand for further proceedings for the trial court to first determine if the statute of limitations was suspended by a stay of collections efforts or an extinguishment of garnishment and then to determine if the petition was timely filed in light of any applicable stays or suspensions of the running of the statute of limitations. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS. Opinion from the Court of Civil Appeals, Division II, by WISEMAN, P.J.; HIXON, J. (sitting by designation), concurs, and BLACKWELL, J., dissents. Dec. 30, 2022
120,555 – Rodney Hoskins, Plaintiff/Appellant, vs. Checkers Truck Stop, an Oklahoma Corporation; Franks Security; and Robert Thomas Rogers, an Individual, Defendants, and Associated Insurance Company, Inc., Garnishee/Appellee. Appeal from the District Court of Oklahoma County, Hon. Don Andrews, Trial Judge. Plaintiff Rodney Hoskins appeals the trial court’s order granting summary judgment in favor of Garnishee Associated Insurance Company, Inc. The sole issue on appeal is whether AIC is indebted to Plaintiff Hoskins following entry of judgment in Hoskins’ favor against Checkers Truck Stop, AIC’s insured. We consider this summary judgment appeal without appellate briefing pursuant to Supreme Court Rule 1.36, 12 O.S.2021, ch. 15, app. 1. Based on the undisputed facts, AIC is entitled to summary judgment as a matter of law, and we affirm the trial court’s order granting AIC’s motion for summary judgment in this garnishment action. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; BLACKWELL, J., and HIXON, J. (sitting by designation), concur. Dec. 30, 2022
Division III
Division IV