Dispositions Other Than By Published Opinion | July 23, 2025
Oklahoma Court of Civil Appeals
Division I
122,676 – Equity Bank, a Kansas Bank, Plaintiff/Counter-Defendant/Appellee, v. Retreat at Jarrett Farm, LLC, an Oklahoma Limited Liability Company; David R. Stewart, and Amber C. Stewart, Defendants/Counter-Claimants/Appellants, and United States Small Business Administration; Deere & Company, a Delaware Corporation; and The Northwestern Mutual Life Insurance Company, a Wisconsin Mutual Insurance Company, Defendants. Appeal from the District Court of Washington County, Oklahoma. Honorable Russell C. Vaclaw, Trial Judge. Defendants/Counterclaimants/Appellants Retreat at Jarrett Farm, LLC (RJF), David R. Stewart, and Amber C. Stewart (Stewarts) appeal summary judgment granted in favor of Plaintiff/Counter-Defendant/Appellee Equity Bank on Bank’s claims for default on promissory notes made by RJF and foreclosure on mortgages and other collateral securing the notes. RJF and Stewarts also appeal the award of prevailing party attorney fees to Bank. In responding to the motion for summary judgment, RJF and Stewarts did not dispute that RJF executed the notes and various security agreements, which were guaranteed by Stewarts, or that RJF defaulted. RJF and Stewarts disputed only whether the notes were enforceable, based on their claims that Bank violated the Truth in Lending Act, Regulation Z, and state law. The undisputed material facts show the loans were made to an LLC and therefore neither TILA nor Regulation Z applied. The undisputed facts further show the method for determining the adjusted interest rate was set out in the notes. Bank was entitled to judgment as a matter of law, and we therefore affirm. Opinion by SWINTON, J.; GOREE, P.J., and PRINCE, J., concur. July 18, 2025
123,066 – Janice Walker, Plaintiff/Appellee, v. New Dominion, LLC, Defendant/Appellant. Appeal from the District Court of Seminole County, Oklahoma. Honorable Brett Butner, Trial Judge. This is a review of an action brought by the Plaintiff/Appellee, Janice Walker, who is an owner of mineral interests. Ms. Walker executed an oil and gas lease and was entitled to a 3/16th royalty from the production of minerals. The Defendant/Appellant, New Dominion, LLC, drilled a well and produced commercial quantities of crude oil from 2011 through 2019. New Dominion, however, did not pay Ms. Walker for her portion of the proceeds from production. Ms. Walker sought relief pursuant to the Production Revenue Standards Act (“PRSA”), and the trial court granted summary judgment in her favor. The judgment included a monetary judgment in the amount of $30,267.64, through August 2024, plus twelve percent (12%) interest, compounded annually. New Dominion claimed, inter alia, that Ms. Walker did not have marketable title so it should not be punished for failing to make timely royalty payments to Ms. Walker. We have reviewed the record and the law and find that the trial court committed no error. We, therefore, AFFIRM the Journal Entry of Judgment. Opinion by PRINCE, J., GOREE, P.J., and SWINTON, J., concur. July 18, 2025
122,761 – In the Matter of the Estate of: Darrell Dwight Varnell, and Belva Dell Varnell, a/k/a Teri Varnell, deceased, Appellee, v. Laruen Varnell, Appellant. Appeal from the District Court of Pawnee County, Oklahoma. Honorable Patrick Pickerill, Trial Judge.Lauren Varnell (“the Petitioner”/Appellant) has appealed the trial court’s Order denying Belva Dell Varnell’s (“the Decedent”) Last Will and Testament admittance to probate. The Decedent’s Will did not bear her signature but, instead, had been signed by the Petitioner, who the Decedent had designated as her attorney-in-fact. The trial court held that the Decedent’s Will did not comply with 84 O.S. § 55 because the Will lacked the Decedent’s signature, and the trial court could not find any legal authority entitling an attorney-in-fact to execute a Will in this context. We find no error and, accordingly, AFFIRM. Opinion by PRINCE, J.; GOREE, P.J., and SWINTON, J., concur. July 21, 2025
Division II
Division III
Division IV
122,511 – In Re the Adoption of C.J.B. and S.A.B., Minor Children, Clay Alan Butler, Appellant, vs. Joseph Berney Vasquez and Jennifer Lynn Vasquez, Appellees. Appeal from the District Court of Grady County, Hon. Gina Lowe, Trial Judge. Clay Butler, the biological father of C.J.B. and S.A.B., appeals the district court’s Order Determining Child Eligible for Adoption Without Consent of Biological Father. The issue presented for review is whether the district court’s order finding C.J.B. and S.A.B. eligible for adoption without Father’s consent, pursuant to 10 O.S.2021 § 7505-4.2(B)(1) and (H) is supported by clear and convincing evidence. After careful consideration of the appellate record and applicable law, we find that it is not. The district court’s Order Determining Child Eligible for Adoption Without Consent of Biological Father is REVERSED. Opinion from Court of Civil Appeals, Division IV, by HUBER, J.; BARNES, P.J., concurs, and HIXON, V.C.J., dissents. July 16, 2025
121,930 – The Estate of William H. Morgan, by and through William H. Morgan, IV, Personal Representative, Plaintiff/Appellant, vs. State of Oklahoma, ex rel. Oklahoma Department of Human Services and Oklahoma Health Care Authority, Defendants/Appellees. Appeal from the District Court of Grant County, Hon. Jeff Crites, Trial Judge. The plaintiff/appellant, the Estate of William H. Morgan, by and through William H. Morgan, IV, personal representative, appeals a journal entry dismissing his claims against defendants/appellees, Oklahoma Department of Human Services and Oklahoma Health Care Authority. On review, we concludethe district court did not err in dismissing this case, finding that the doctrine of claim preclusion applied to bar Morgan’s action. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HUBER, J.; HIXON, V.C.J., and BARNES, P.J., concur. July 16, 2025
122,130 – Helen Loretta Brown, individually and as special administrator of the Estate of Lloyd Anthony Arinwine, Sr., Deceased, Plaintiff/Appellant, vs. Tuscany SNF OPCO, LLC, an Oklahoma limited liability company, d/b/a Tuscany Village Nursing Center, Defendant/Appellee. Appeal from the District Court of OklahomaCounty, Hon. Richard Ogden, Trial Judge. The plaintiff/appellant, Helen Loretta Brown, individually and as special administrator of the Estate of Lloyd Anthony Arinwine, Sr., deceased (Plaintiff), appeals a district court order dismissing her claims against defendant/appellee, Tuscany SNF OPCO, LLC, d/b/a Tuscany Village Nursing Center. On review, we find the district court did not err in dismissing Plaintiff’s action. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HUBER, J.; HIXON, V.C.J., and BARNES, P.J., concur. July 17, 2025