Dispositions Other Than By Published Opinion | July 12, 2023
Oklahoma Court of Civil Appeals
Division I
120,573 – Kathryn A. Headrick, Petitioner, v. Multiple Injury Trust Fund and Workers’ Compensation Commission, Respondents Proceeding to Review an Order of The Workers’ Compensation Commission. Petitioner/Claimant, Kathryn Headrick, appeals an order of the Workers’ Compensation Commission denying her claim against the Multiple Injury Trust fund for permanent total disability. The Commission affirmed the order of the Administrative Law Judge, concluding it lacks jurisdiction to determine PTD because Headrick was not a physically impaired person prior to her adjudicated work-related injury. The Order is affirmed. Opinion by GOREE, P.J.; SWINTON, J.,DOWNING, J., concur. July 11, 2023
120,266 – In Re the Marriage of: G. Nuding, Petitioner/Appellee/Counter-Appellant, v. T. Nuding, Respondent/Appellant/Counter-Appellee, and Mako Resources, LLC, Appellant. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Owen T. Evans, Trial Judge. T. Nuding (Respondent/Appellant) and the entity he manages, MAKO Resources, Inc. L.L.C. (Appellant) appealed orders in a dissolution of marriage proceeding. G. Nuding (Petitioner/Appellee) also appealed. Husband’s interest in the payment of promissory notes was marital because his evidence was insufficient to trace the assets to his separate funds. Wife’s transfer of funds from a joint account to her own account did not convert them to separate property though they were used by agreement to pay her legal expenses. The retained value of qualified personal residence trusts is a divisible marital asset and the method of valuation was supported by evidence. The support alimony award was contrary to the weight of the evidence because Wife did not meet her burden of demonstrated need. MAKO, though a non-party, had standing to request the district court to invoke its inherent equitable power to award attorney fees pursuant to City National Bank v. Owens, 1977 OK 86, 565 P.2d 4, considering that it participated in discovery, paid counsel to represent it, and its assets were a central part of the litigation. Affirmed in Part, Reversed in Part, and Remanded. Opinion by GOREE, P.J.; DOWING, J., concurs and SWINTON, J., concurs in part and dissents in part. July 10, 2023
Division II
120,081 – Chase Donovon Bradshaw, Petitioner/Appellant, v. State of Oklahoma and Oklahoma State Bureau of Investigation, Respondents/Appellees. Appeal from the District Court of Cleveland County, Hon. Michael Tupper, Trial Judge. Petitioner appeals from an order of the district court denying his petition for expungement. Petitioner asserts he is authorized to file a petition for expungement under 22 O.S. Supp. 2022 § 18(A)(12). However, Petitioner was convicted of a crime of “child pornography as defined in Section . . . 1024.1 . . . of Title 21 of the Oklahoma Statutes.” 57 O.S. 2021 § 571. Therefore, we are unable to conclude that he “was convicted of a nonviolent felony offense not listed in Section 571 of Title 57 of the Oklahoma Statutes.” 22 O.S. § 18(A)(12). Accordingly, the district court properly concluded Petitioner is not authorized to petition for expungement under § 18(A)(12), and we affirm the order of the district court denying Petitioner’s petition for expungement. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by BARNES, V.C.J.; WISEMAN, P.J., and HIXON, J., concur. July 11, 2023
120,237 – Margie Conley Fite, Petitioner/Appellee, v. Patrick McCay Hall, Defendant/Appellant. Appeal from the District Court of Oklahoma County, Hon. Kathryn Savage, Trial Judge. Appellant Patrick McCay Hall appeals from the district court’s denial of his Motion to Vacate and Motion for New Trial following the court’s Final Order of Protection. We conclude the trial court abused its discretion in issuing the order of protection and further abused its discretion in denying Mr. Hall’s motion for new trial and motion to vacate the order of protection. Consequently, we reverse the trial court’s order denying his motion for new trial, vacate the order of protection, and remand with instructions to dismiss the petition. REVERSED, VACATED, AND REMANDED WITH INSTRUCTIONS. Opinion from Court of Civil Appeals, Division II, by BARNES, V.C.J.; WISEMAN, P.J., and HIXON, J., concur. July 6, 2023
Division III
120,333 – Andrew Locker, and Kathy Locker, Plaintiff/Appellants, v. City of Jenks, Oklahoma, Defendant/Appellee. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Caroline Wall, Trial Judge. Plaintiffs/Appellants Andrew Locker and Kathy Locker (the Lockers) appeal from the trial court’s order dismissing their petition against Defendant/Appellee City of Jenks (Jenks). The Lockers sought review of the Jenks City Council’s decision to re zone a tract of land located near the Lockers’ property in southwest Jenks. The court dismissed the Lockers’ petition based on its findings that (1) the owner of the property at issue was a necessary party; (2) joinder was not feasible because the Lockers failed to name or perfect service upon the property owner before the statute of limitations expired; and (3) after consideration of 12 O.S. 2011 §2019(B), the action should not proceed without the property owner. We find the court did not err and AFFIRM. Opinion by MITCHELL, C.J.; PRINCE, P.J., and BELL, J., CONCUR. July 11, 2023
120,615 – Don Mee and Joann Mee, Plaintiffs/Appellants, v. Adair C. Johnson, Christy A. Brooks, John R. Cole, Norman J. Hyne, Guadalupe Joe Marinez, Jr., and Sherry Spurrier, each individually and in his or her official capacity as an Officer and/or Member of the Board of Directors of Mill Creek Pond Homeowners Association, Inc., an Oklahoma not-for-profit corporation, Defendants/Appellees. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Douglas E. Drummond, Trial Judge. Plaintiffs/Appellants Don and Joann Mee (the Mees) appeal from the trial court’s order denying in part and sustaining in part their request for injunctive relief against the officers of their homeowners’ association, Defendants/Appellants Adair C. Johnson, John R. Cole, Norman J. Hyne, Guadalupe Joe Marinez, Jr., and Sherry Spurrier (the HOA Board). The Mees also appeal from the court’s denial of their motion to reconsider. The Mees sought unredacted copies of ballots, proxies, and other records from a September 2021 meeting culminating in a vote by the HOA to amend its covenants and bylaws. The trial court found the Mees failed to show an inunction was warranted under 18 O.S. 2021 §1065, but the court authorized the Mees’ attorney to view, with his eyes only, the unredacted documents. The Mees have not shown the court abused its discretion or erred as a matter of law. Accordingly, we AFFIRM. Opinion by MITCHELL, C.J.; PRINCE, P.J., and GOREE, P.J. (sitting by designation), CONCUR. July 6, 2023
Division IV