Dispositions Other Than By Published Opinion | June 14, 2023
Oklahoma Court of Civil Appeals
Division I
120,334 – In the Matter of the Estate of Teddy Lee Applegate, Deceased. Laraina Payton, Teddy Leroy Applegate, Merl Applegate and Angela Rash, Appellants, v. Charlene Applegate, Appellee. Appeal from the District Court of Wagoner County, Oklahoma. Honorable Dennis N. Shook, Trial Judge. Laraina Payton, Teddy Applegate, Merle Applegate, and Angela Rash (Appellants) appeal an order distributing one-half of their deceased father’s cattle operation to the surviving spouse (Appellee). The district court’s conclusion that the cattle operation was transformed to marital property was against the clear weight of the evidence. Appellee presented no evidence that her joint effort enhanced the value of the cattle operation. Accordingly, the property should have been distributed as separate property pursuant to 84 O.S. §213(B)(1)(d)(2). The cause is reversed. Opinion by GOREE, P.J.; SWINTON, J., and DOWNING, J., concur. June 6, 2023
120,644 – Franklin Postal, L.L.C., Plaintiff/Appellee, v. Post Trust, L.L.C., Defendant/Appellant. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Douglas E. Drummond, Trial Judge. Appellant/Defendant, Post Trust L.L.C., seeks review of the trial court’s July 21, 2022 order sustaining the Appellee/Plaintiff’s, Franklin Postal L.L.C., motion for summary judgment. Franklin alleged it entered into a contract with Post for the sale of real property located in Sallisaw, Oklahoma. Franklin was to purchase the property from Post. The sale for the property collapsed and Franklin filed suit against Post for breach of contract. The Tulsa County District Court granted Franklin’s summary judgment motion by order on July 21, 2022. For the reasons provided, we affirm the decision of the district court. Opinion by GOREE, P.J.; SWINTON, J., and DOWNING, J., concur. June 9, 2023
120,686 – In the Matter of the Adoption of: A.B.B., a Minor Child, Markita Rochelle Barr, Petitioner/Appellee, v. Ashly Hale, Respondent/Appellant. Appeal from the District 2
Court of Tulsa County, Oklahoma. Honorable Kurt G. Glassco, Judge. Petitioner, Markita Barr, wife of Father, Justin Barr, filed a Petition for Adoption and Application for Order Determining Child Eligible for Adoption without Consent of Biological Mother on the grounds that Mother, Ashly Hale, willfully failed, refused, or neglected to contribute to the support of A.B.B. [Child] for 12 consecutive months out of the preceding 14 months. 10 O.S. 2022 §7505-4.2(B). The trial court found clear and convincing evidence that Petitioner met her burden of proof that Mother willfully failed, refused, and neglected to provide support for Child during the relevant time period (February 27, 2021 to April 27, 2022), and held her consent to the adoption was not required pursuant to §7505-4.2(B). We affirm. Opinion by GOREE, P.J.; SWINTON, J., and DOWNING, J., concur. June 9, 2023
120,728 – In the Matter of H.S., Alleged Deprived Child, Cherie Sanders, Natural Mother, and Liddell Sanders, Natural Father, Appellants, v. State of Oklahoma, Appellee. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Martha Rupp Carter, Trial Judge. Appellants, Cherie Sanders (Mother) and Liddell Sanders (Father) (collectively Parents), appeal from a judgment, entered on a jury verdict, terminating their parental rights of H.S. The State of Oklahoma 3 (Appellee or State), filed a Petition to have H.S. adjudicated deprived on January 26, 2021, based on the following statutory grounds: lack of proper parental care or guardianship and abused, neglected, or dependent. The State also sought immediate termination pursuant to 10A O.S.Supp.2015, § 1-4-904(B)(14), namely that the conditions that led to the deprived adjudication had been the subject of previous deprived adjudications and that Parents had been given an opportunity to correct the same conditions. Mother is a member of the Cherokee Nation Tribe and notice was given to the Cherokee Nation and the Bureau of Indian Affairs. The Cherokee Nation notified that it would participate in the action. Both Mother and Father stipulated to the Petition. The jury trial for termination was held August 29-31, 2022 and the jury unanimously found that both Mother’s and Father’s parental rights should be terminated. Both Mother and Father appealed, and the cases were consolidated. We have reviewed the record and are not persuaded by Mother’s or Father’s arguments. We affirm. Opinion by DOWNING, J.; GOREE, P.J., and SWINTON, J., concur. June 9, 2023
120,869 – James Wilken, Plaintiff/Appellant, v. City of Tahlequah and Skylar Green, Defendants/Appellees. Appeal from the District Court of Cherokee County, Oklahoma. Honorable Douglas Kirkley, Trial Judge. Plaintiff/Appellant James Wilkin appeals from the denial of his motion for new trial following summary judgment in favor of Defendants/Appellees City of Tahlequah (City) and Skylar Green (collectively, Defendants). Wilkin sued Defendants for personal injuries. While this suit was pending, Wilkin filed a Bankruptcy Petition in Colorado. Wilkin failed to disclose this suit in his bankruptcy filings. Defendants sought summary judgment based on lack of standing and judicial estoppel. It is settled in Oklahoma that on these facts, Defendants were entitled to judgment as a matter of law and we affirm. Opinion by SWINTON, J.; GOREE, P.J., and DOWNING, J., concur. June 9, 2023
121,063 – In Re the Marriage of: David and Jill Riley, Petitioners/Appellants, v. William J. Hale, Respondent/ Appellee. Appeal from the District Court of Tulsa County, Oklahoma. Honorable James Huber, Trial Judge. Appellants, David and Jill Riley (Grandparents), filed a Second Amended Motion for Grandparents’ Visitation Rights (Second Amended Motion) on September 7, 2022, seeking visitation of D.N.R. and J.C.R. after their adoption by Appellee William Hale (Appellee). Appellee filed a Special Entry of Appearance and Motion to Dismiss Second Amended Motion for Grandparents’ Visitation Rights (Motion to Dismiss) on October 4, 2022. A hearing on both the Second Amended Motion and the Motion to Dismiss was held on November 3, 2022. On January 23, 2023, the trial court entered an Order granting the Motion to Dismiss. From this Order, Grandparents appeal. Based on our review of the record and applicable law, we REVERSE AND REMAND for proceedings consistent with this opinion. Opinion by DOWNING, J.; GOREE, P.J., and SWINTON, J., concur. June 9, 2023
Division II
120,471 – In the Matter of C.T., Jr., Alleged Deprived Child, Ashley Gourley, Appellant, vs. State of Oklahoma, Appellee. Appeal from the District Court of Cleveland County, Hon. Beth Stanley, Trial Judge. Ashley Gourley (Mother) appeals the trial court’s order terminating her parental rights to the minor child, C.T., Jr. Mother alleges State did not meet its burden to terminate her rights under 10A O.S. Supp.2021, § 1-4-904(B)(6) (prior termination); did not meet its burden of showing the termination was in the child’s best interests; and that she received ineffective assistance of counsel. Based on our review of the record and applicable law, we affirm the order. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by HIXON, J.; BARNES, V.C.J., and WISEMAN, P.J., concur. June 7, 2023
120,919 – Suzanne Engles, Petitioner, v. Multiple Injury Trust Fund and The Workers’ Compensation Court of Existing Claims, Respondents. Appeal from a Three-Judge Panel of The Workers’ Compensation Court of Existing Claims. Suzanne Engles (Claimant) seeks review of the panel’s order affirming the trial court’s order denying her claim against the Multiple Injury Trust Fund for permanent total disability (PTD) benefits. We conclude the determination that Claimant’s combined injuries do not constitute PTD is not against the clear weight of the evidence. Therefore, we sustain the panel’s order. SUSTAINED. Opinion from Court of Civil Appeals, Division II, by BARNES, V.C.J.; WISEMAN, P.J., and HIXON, J., concur.
June 9, 2023
120,900 – In the Matter of P.K. and J.K., Alleged Deprived Children: Jason Keller, Appellant, v. State of Oklahoma, Appellee. Appeal from the District Court of Oklahoma County, Hon. Mark McCormick, Trial Judge. In this termination of parental rights proceeding, Jason Keller (Father) appeals from the district court’s order terminating his parental rights to the minor children, P.K. and J.K. Based on our review of the record, we conclude the district court’s order terminating Father’s parental rights on the ground of incarceration and finding termination is in the children’s best interest is supported by clear and convincing evidence. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by BARNES, V.C.J.; WISEMAN, P.J., and HIXON, J., concur. June 13, 2023
Division III
120,510 – David R. Hull and Kellie Ann Hull, Husband and Wife; and Oilfield Disposal Services, LLC, an Oklahoma Limited Liability Company, Plaintiffs/Appellants, v. JP Energy Marketing, LLC, a Delaware Limited Liability Company; Blueknight Energy Partners, LP, a Delaware Limited Partnership; and Coffeyville Resources Crude Transportation, LLC, a Delaware Limited Liability Company, Defendants/Appellees. Appeal from the District Court of Love County, Oklahoma. Honorable Todd Hicks, Trial Judge. Plaintiffs/Appellants, David R. Hull, Kellie Ann Hull and Oilfield Disposal Services, LLC, appeal from the trial court’s interlocutory order denying their request for an evidentiary hearing on their motion for an abatement and cleanup order related to a crude oil spill on the individual Plaintiffs’ Love County property. Plaintiffs allege the trial court improperly denied their request to present evidence under Rule 4 of the Rules for District Courts, 12 O.S. 2021, Ch. 2, App. 1. For the reasons set forth below, we REVERSE AND REMAND for further proceedings. Opinion by BELL, J.; MITCHELL, C.J., and PRINCE, P.J., concur. June 13, 2023
Division IV