Dispositions Other Than By Published Opinion | July 2, 2025
Oklahoma Court of Civil Appeals
Division I
Division II
Division III
122,254 – Speake Land Holdings, LLC, Plaintiff/Appellee, Lenora A. Colbert, Kimberly Brown, Melvin J. Stevenson, Pamela Shannon, Haile Shannon, Henry Shannon, Jr., Kiawana Lampkin, Phyllis Shannon, Rhonda Kimbel, Salina Shannon, Samantha Shannon, and Sammy Shannon, III, Defendants/Appellants, and The Unknown Heirs, Executors, Administrators, Devisees, Trustees and Assigns of Henry Shannon, now) deceased, The Unknown Heirs, Executors, Administrators, Devisees, Trustees and Assigns of Hailey Celester Shannon, now deceased, The Unknown Heirs, Executors, Administrators, Devisees, Trustees and Assigns of Memory Shannon, a/k/a Memory Shannon Jackson, now deceased, The Unknown Heirs, Executors, Administrators, Devisees, Trustees and Assigns of Elwood Shannon, now deceased, Cewilla Shannon, if living, and if deceased, The Unknown Heirs, Executors, Administrators, Devisees, Trustees and Assigns of Cewilla Shannon, Milton Shannon, if living, and if deceased, The Unknown Heirs, Executors, Administrators, Devisees, Trustees and Assigns of Milton Shannon, Elwood Shannon, Jr., if living, and if deceased, The Unknown Heirs, Executors, Administrators, Devisees, Trustees and Assigns of Elwood Shannon, Jr., The Unknown Heirs, Executors, Administrators, Devisees, Trustees and Assigns of Edgar Franklin, Jr., now deceased, The Unknown Heirs, Executors, Administrators, Devisees, Trustees and Assigns of Mccellan Stevenson, a/k/a Mccllan Stevenson a/k/a Samuel Mccellan Stevenson, now deceased, Reginald J. Franklin, Randall J. Franklin, Dwight Franklin, The Unknown Heirs, Executors, Administrators, Devisees, Trustees and Assigns of Russell Lee Franklin a/k/a Russell L. Franklin a/k/a Russell Franklin, now deceased, The Unknown Heirs, Executors, Administrators, Devisees, Trustees and Assigns of Lena Mae Franklin a/k/a Lena Franklin a/k/a Lena Mae Tease, now deceased, The Unknown Heirs, Executors, Administrators, Devisees, Trustees and Assigns of Barbara Ann Franklin White s/p/a Barbra White a/k/a Barbara White formerly Smith f/k/a Barbara Ann Franklin, now deceased, Olan Franklin, Finis Jones f/k/a Finis Seals, Sammy Arnell Shannon, now deceased, The Unknown Heirs, Executors, Administrators, Devisees, Trustees and Assigns of Shirley Mae Thompson a/k/a Shirley Thompson, now deceased, The Unknown Heirs, Executors, Administrators, Devisees, Trustees and Assigns of Travis Stevenson, now deceased, The Unknown Heirs, Executors, Administrators, Devisees, Trustees and Assigns of Isaac Stevenson a/k/a Isaac David Stevenson, sr., now deceased, Defendants. Appeal from the District Court of Carter County, Oklahoma. Honorable Dennis Morris, Trial Judge. Plaintiff/Appellee Speake Land Holdings, LLC (Speake) sought to partition real property in Carter County, Oklahoma. Defendants/Appellants Lenora A. Colbert, Kimberly Brown, Melvin J. Stevenson, Pamela Shannon, Haile Shannon, Henry Shannon, Jr., Kiawana Lampkin, Phyllis Shannon, Rhonda Kimbel, Salina Shannon, Samantha Shannon, and Sammy Shannon, III (collectively, the Shannon Heirs) challenge the trial court’s decision to confirm the commissioners’ report. The Shannon Heirs contend the court erred by finding Speake’s interest could not be divided in kind, as against all others, without grave and manifest injury. However, they have not presented a record demonstrating the court’s decision was against the clear weight of the evidence or contrary to law. Accordingly, we AFFIRM. Opinion by MITCHELL, J.; DOWNING, P.J., and BELL, C.J., concur. June 27, 2025
122,704 – In the Matter of I.T.M-S., Alleged Deprived Child, The State of Oklahoma, Petitioner/Appellee, v. William Shenefield and Margarita Mendoza, Respondents/Appellants. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Mary Ann Godsby, Trial Judge In this deprived child proceeding, Respondents/Appellants, William Shenefield (Father) and Margarita Mendoza (Mother)(Parents), the biological parents of I.T.M-S, a minor child, appeal from the trial court’s orders entered upon a jury verdict terminating Parents’ respective parental rights to the child. The jury found it was in the child’s best interest to terminate Parents’ parental rights pursuant to §1-4-904(B)(5) for Parents’ failure to correct the condition of domestic violence even though Parents were given not less than three (3) months to correct the condition. The jury also determined clear and convincing evidence supports the court’s finding that it would be in the child’s best interest to terminate both Father’s and Mother’s parental rights to the child pursuant to 10A O.S. 2021 §1-4-904(B)(14) based on the jury’s finding that the condition that led to the deprived adjudication has been the subject of a previous deprived adjudication of a sibling of this child, and Parents have been given an opportunity to correct the condition that led to the determination of the initial deprived child. The jury finally found Parents’ rights should be terminated under §1-4-904(B)(17) because the child, being younger than four (4) years of age has been in foster care for at least six (6) of the twelve (12) months preceding the filing of the petition to terminate parental rights and the child cannot be safely returned to Parents’ home. After reviewing the record, this Court holds the clear and convincing evidence supports the trial court’s determination that it is in the child’s best interest to terminate both Parent’s parental rights pursuant to §1-4-904(B)(5), (B)(14) and (B)(17). The trial court’s orders are AFFIRMED. Opinion by BELL, C.J.; DOWNING, P.J., and MITCHELL, J., concur. June 27, 2025
122,705 – In the Matter of C.R.M-S., Alleged Deprived Child, The State of Oklahoma, Petitioner/Appellee, v. William Shenefield and Margarita Mendoza, Respondents/Appellants. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Mary Ann Godsby, Trial Judge. In this deprived child proceeding, Respondents/Appellants, William Shenefield (Father) and Margarita Mendoza (Mother)(Parents), the biological parents of C.R.M-S., a medically fragile minor child, appeal from the trial court’s orders entered upon a jury verdict terminating Parents’ respective parental rights to the child. The jury determined clear and convincing evidence supports the court’s finding that it would be in the child’s best interest to terminate both Father’s and Mother’s parental rights to the child pursuant to 10A O.S. 2021 §1-4-904(B)(5) for their failure to correct condition of domestic violence, and pursuant to §1-4-904(B)(17) because the child, being younger than four (4) years of age has been in foster care for at least six (6) of the twelve (12) months preceding the filing of the petition to terminate parental rights and the child cannot be safely returned to Parents’ home. After reviewing the record, this Court holds the clear and convincing evidence supports the trial court’s determination that it is in the child’s best interest to terminate both Parent’s parental rights pursuant to §1-4-904(B)(5) and (B)(17). The trial court’s orders are AFFIRMED. Opinion by BELL, C.J.; DOWNING, P.J., and MITCHELL, J., concur. June 27, 2025
Division IV
121,842 – OK Check Cashing, LLC, formerly OK Check Cashing, Inc., an Oklahoma limited liability company; Northstar Management, Inc., a Nevada corporation; and Hi-Tex, LLC, a Nevada limited liability company, Plaintiffs/Appellees, vs. John Ernest Light, individually; Tina S. Light, individually; MER No. 1 Limited Partnership, an Oklahoma limited partnership; Investors Services, Inc., an Oklahoma corporation; and Sun Cash Financial, Inc., an Oklahoma corporation, Defendants/Appellants, and Paul M. Vorel, individually, Accounting for Edmond, LLC, an Oklahoma limited liability company, Defendants. Appeal from the District Court of Oklahoma County, Hon. Aletia Haynes Timmons, Trial Judge. Defendants J. Ernest Light, Tina S. Light, MER No. 1 Limited Partnership (MER), Investors Services Inc. (ISI), and Sun Cash Financial, Inc. (Sun Cash, or collectively, Defendants), appeal judgment entered against them as well as Paul Vorel and Accounting for Edmond, LLC (AFE), in favor of Plaintiffs OK Check Cashing, LLC, Northstar Management, Inc., and Hi-Tex, LLC on their claims of breach of fiduciary duty and breach of contract, following jury trial. In advance of trial, the court entered partial summary judgment in favor of Plaintiffs against all Defendants for breach of fiduciary duty, and against Tina, Vorel and AFE for breach of contract. Following jury trial on damages on those claims, the trial court entered judgment against all Defendants. Vorel and AFE did not appeal. We affirm that portion of the trial court’s judgment. However, we find Plaintiffs failed to meet their burden on summary judgment against the remaining Defendants, reverse the partial summary judgment and the final judgment against them and remand for further proceedings. Plaintiffs counterappeal the trial court’s denial of their Motion for Attorney Fees, as the prevailing party in a purported civil action to recover for labor or services rendered under 12 O.S.20121, § 936. Section 936 does not apply to Plaintiffs’ claims. We affirm the trial court’s order denying attorney fees with respect to the remaining judgment against Vorel and AFE. AFFIRMED IN PART, REVERSED IN PART AND REMANDED FOR FURTHER PROCEEDINGS. Opinion from Court of Civil Appeals, Division IV, HIXON, V.C.J.; BARNES, P.J., and HUBER, J., concur. June 25, 2025