Dispositions Other Than By Published Opinion | July 30, 2025
Oklahoma Court of Civil Appeals
Division I
Division II
122,711 – In the Matter of the Guardianship of Norma June Harris, an alleged incapacitated adult: Glenn Harris and Linda Parduhn, Petitioners/Appellants, vs. Hal Harris and Laura Baker, Respondents. Appeal from an Order of the District Court of Oklahoma County, Hon. Michelle Harrington, Special Judge. The appellants seek review of an order dismissing their petition, which sought to make them co-guardians of their mother, Norma June Harris. During the pendency of this appeal, Mrs. Harris died. For the following reasons, we find the appeal is therefore moot, and we must dismiss. DISMISSED. Opinion from the Court of Civil Appeals, Division II, by BLACKWELL, J.; WISEMAN, P.J., and FISCHER, J., concur. July 23, 2025
122,725 – Charles Michael, Plaintiff/Appellant, vs. State of Oklahoma ex rel. Service Oklahoma, Defendant/Appellee. Appeal from the District Court of Texas County, Hon. Clark Jett, Associate District Judge. Plaintiff Charles Michael appeals the result of a district court proceeding finding that his driver’s license should be revoked for driving while intoxicated. On review, we find no error in the court’s decision. AFFIRMED. Opinion from the Court of Civil Appeals, Division II, by BLACKWELL, J.; WISEMAN, P.J., and FISCHER, J., concur. July 23, 2025
Division III
122,786 – In the Matter of: S.M., alleged deprived child, Robert Moore, and Ariana Horton, Appellants, v. State of Oklahoma, Appellee. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Theresa Dreiling, Trial Judge. Robert Moore and Arianna Horton, jointly referred to as Parents, appeal the trial court’s January 27, 2025 orders terminating their parental rights to S.M. We have reviewed the record and applicable law and are not persuaded by Parents’ argument. Clear and convincing evidence supports termination. We AFFIRM. Opinion by DOWNING, P.J.; BELL, C.J., and MITCHELL, J., concur. July 24, 2025
122,864 – Kyle D. Hughbanks, Plaintiff/Appellant, v. Banccentral, National Association, Defendant/Appellee. Appeal from the District Court of Woods County, Oklahoma. Honorable Justin P. Eilers, Trial Judge. In his capacity as President and CEO of Defendant/Appellee BancCentral, National Association (Bank), Plaintiff/Appellant Kyle D. Hughbanks (Hughbanks) entered into two employment compensation agreements with Bank. Following Hughbanks’ termination by Bank, Hughbanks was not compensated under the agreements. Hughbanks sued Bank for breach of contract, breach of the covenant of good faith and fair dealing, unjust enrichment, and he sought declaratory relief and punitive damages. During discovery, Hughbanks failed to timely respond to Bank’s requests for admissions, including a request for admission that Hughbanks was terminated “for cause.” The court deemed the requests admitted for failure to timely respond within the statutory period, then granted summary judgment to Bank on Hughbanks’ claims because the terms of the agreements do not contemplate further compensation if Hughbanks was terminated for cause. Hughbanks appealed both orders. Upon review, we hold the court did not abuse its discretion by deeming the matters admitted as a result of Hughbanks’ failure to timely respond to the requests for admissions. As a result of the admission that Hughbanks was terminated for cause, there were no substantial controversies as to any material facts. Following de novo review, we AFFIRM the court’s order granting summary judgment to Bank as Bank was entitled to judgment as a matter of law on all of Hughbanks’ claims. Opinion by MITCHELL, J.; BELL, C.J., and DOWNING, P.J., concur. July 24, 2025
122,948 – In the Matter of L.D., Alleged Deprived Child, State of Oklahoma, Petitioner/Appellee, v. Starla Doughten, Respondent/Appellant. Appeal from the District Court of Jackson County, Oklahoma. Honorable Sommer K. Robbins, Trial Judge. In this deprived child proceeding, Respondent/Appellant, Starla Doughten (Mother), appeals from the district court’s order determining reasonable efforts are not required to prevent the removal of her minor child, L.D., born 12/20/2016, from the home or to reunify the child with Mother. The court’s order also determined reasonable efforts are not required with respect to the child’s father, Dennis Doughten. Father does not appeal from the order. State moved to dispense with the statutory requirement to exercise reasonable efforts to safely reunite the child with her parents on the basis that Father subjected L.D. to heinous and shocking sexual abuse, and Mother subjected L.D. to heinous and shocking neglect. Title 10A O.S. 2021 §1-4-809(A)(2)(d) provides the court may find reasonable efforts to prevent the removal of the child from the home or to reunify the child and family are not required if the court determines based on the preponderance of the evidence that the parent subjected the child to aggravated circumstances including but not limited to heinous and shocking abuse or heinous and shocking neglect. The district court found State met its burden and that Father and Mother subjected L.D. to aggravated circumstance of heinous and shocking sexual abuse and neglect. After reviewing the record, this Court agrees with the district court’s conclusion that State met its burden of proving with a preponderance of the evidence that both Father and Mother subjected L.D. to aggravated circumstances of heinous and shocking sexual abuse and neglect. For this reason, this Court holds competent evidence supports the district court’s order which held reasonable efforts are not required under §1-4-809(A)(2)(d). The district court’s order is AFFIRMED. Opinion by BELL, C.J.; DOWNING, P.J., and MITCHELL, J., concur. July 24, 2025
Division IV
122,171 – Janice Thompson, Darlene Rogers, Roland Greer, Plaintiffs/ Appellees, vs. Randy McCall, Defendant/Appellant. Appeal from the District Court of Delaware County, Hon. Jennifer McAffrey, Trial Judge. Defendant Randy McCall appeals an order granting summary judgment in favor of Plaintiff Roland Greer, quieting title to an easement traversing McCall’s property and entering a permanent injunction against McCall’s interference. McCall also appeals judgment in favor of Plaintiffs Janice Thompson and Darlene Rogers following bench trial, similarly quieting title to an easement across McCall’s property, entering permanent injunction, and finding Plaintiffs are entitled to their attorney fees and costs upon application. The Court affirms the judgments in favor of Plaintiffs quieting title and granting permanent injunction. McCall’s appeal of Plaintiffs’ entitlement to attorney fees and costs is premature, and we dismiss that portion of this appeal. AFFIRMED IN PART, DISMISSED IN PART. Opinion from Court of Civil Appeals, Division IV, HIXON, V.C.J.; HUBER, J., and WISEMAN, J. (sitting by designation), concur. July 25, 2025