Dispositions Other Than By Published Opinion | July 9, 2025
Oklahoma Court of Civil Appeals
Division I
Division II
121,825 – In the Marriage of: Gina R. Lindo, Petitioner/Appellee, vs. Paul A. Lindo, Respondent/Appellant. Appeal from an Order of the District Court of Canadian County, Hon. Charles Gass, Special Judge. Appellant, Paul Lindo, appeals various portions of his final divorce decree, arguing that the court improperly valued Paul Lindo Construction LLC, failed to correctly calculate his monthly income, and should not have found him in indirect contempt. Upon review, we affirm the court’s valuation of the business, but vacate the child-support order, which was based on the court’s finding that Paul’s gross monthly income was $39,666.66, and remand for further proceedings consistent with this opinion. We also find that Paul’s contempt issue was not yet appealable as he has not been sentenced. AFFIRMED IN PART, VACATED IN PART, AND REMANDED. Opinion on Rehearing from the Court of Civil Appeals, Division II by BLACKWELL, J.; WISEMAN, P.J., and FISCHER, J., concur. July 2, 2025
122,588 – A&A Tank Truck Co. and Starr Indemnity Insurance Company, Petitioners, vs. Donald Williams and The Workers’ Compensation Commission, Respondents. Appeal from The Workers’ Compensation Commission. The petitioners, A&A Tank Truck Co., and Starr Indemnity Insurance Company, appeal the Workers’ Compensation Commission’s order affirming an administrative law judge’s decision that respondent, Donald Williams, suffered a compensable neck injury. Upon review, we find that this case was not barred by the applicable statute of limitations, that the Commission’s order affirming the ALJ’s decision that Mr. Williams sustained a compensable injury to his neck was supported by substantial competent evidence in the record, and the prior order finding that Mr. Williams sustained a compensable injury to his lumbar spine was not a final order that precluded him from raising additional injuries related to the same injury-causing event. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by BLACKWELL, J.; WISEMAN, P.J., and FISCHER, J., concur. July 2, 2025
122,299 – Robbie Sue Pittman, as Administratrix of the Estate of Mark Allen Pittman, Jr., Deceased, vs. David D. Drilling Corp. d/b/a Dan D. Drilling, Inc., and Verdugo Energy, L.L.C.; Verdugo-Pablo Energy L.L.C.; Pablo Energy II, L.L.C; Evolution Guidance Systems, Inc.; Casing Crews Inc. d/b/a Casing Crews L.L.C.; 3D Well Service, Inc. d/b/a 3D Well Service Inc.; Diadem Enterprises, Inc. d/b/a Dale Miller Independent Consultants; Horizon Well Logging, L.L.C.; Environmental Recovery Solutions & Rental, L.L.C.; and John Doe(s), Defendants. Bobbie Sue Pittman, as administratrix of the estate of Mark Allen Pittman, Jr., deceased, appeals the summary judgment of the district court finding that our workers’ compensation law supplies the exclusive remedy for the death of Mark Pitman in a drilling rig fire. On review, we affirm the district court. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by BLACKWELL, J.; WISEMAN, P.J., and FISCHER, J., concur. July 2, 2025
Division III
122,816 – Equitymax, Inc., a Florida Corporation, Plaintiff/Appellant, v. GreencoInvestments, LLC, an Oklahoma Limited Liability Company, Defendant/Appellee, Arthur Lee Green, Jr., and Occupants of the Premises, Defendants. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Kurt G. Glassco, Trial Judge. In this mortgage foreclosure action brought by Plaintiff/Appellant EquityMax, Inc., the court determined the mortgage was null and void from inception for failure to comply with the statutory requirement of obtaining authorization under 58 O.S. 2021 §385 prior to mortgaging the real property. The court granted summary judgment in favor of the mortgagor, Defendant/Appellee GreenCo Investments, LLC. Following de novo review, we reverse because GreenCo, as the owner of the mortgaged real property, was not required to adhere to 58 O.S. 2021 §385 et seq. which applies only to the encumbering of real property owned by an estate in a probate proceeding.Opinion by MITCHELL, J.; BELL, C.J., and DOWNING, P.J., concur. July 2, 2025
Division IV
122,706 – UPS Inc. and LM Insurance Corp., Appellants, v. Dewayne Downing and the Workers’ Compensation Commission, Appellees. Proceeding to review an Order of the Workers’ Compensation Commission. Pertinent to this appeal, the Commission found Dewayne Downing (Claimant) to be totally and permanently disabled and ordered UPS to pay Claimant permanent total disability (PTD) benefits. Contrary to Appellants’ arguments on appeal, the ALJ did not fail to comply with 85A O.S. 2021 § 112(I), and did not otherwise err as a matter of law.Moreover, the PTD finding is supported by substantial evidence. Therefore, we affirm. Opinion from Court of Civil Appeals, Division IV, by BARNES, P.J.; HIXON, V.C.J., concurs in result, and FISCHER, J., (sitting by designation), concurs. July 2, 2025
122,885 — Timothy Betchan and Marilyn Betchan, Plaintiffs/Appellees, vs. Nathaniel Winton and Teresa Winton, Defendants/Appellants. Appeal from the District Court of Grant County, Hon. Jeff Crites, Trial Judge. Nathaniel and Teresa Winton (collectively, Defendants) appeal the trial court’s order granting Timothy and Marilyn Betchan’s (Plaintiffs) motion for summary judgment on their claims of breach of contract and quiet title against Defendants. Plaintiffs allege Defendants defaulted upon a loan agreement for the purchase of real property and were entitled to the amount in default under the agreement and to title to the property. Defendants did not dispute Plaintiffs’ proposed facts on summary judgment. However, after review, those facts did not entitle Plaintiffs to judgment as a matter of law on their claims. The trial court’s Journal Entry of Judgment is reversed, and we remand for further proceedings. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS. Opinion from Court of Civil Appeals, Division IV, HIXON, V.C.J.; BARNES, P.J., and HUBER, J., concur. July 3, 2025