Dispositions Other Than By Published Opinion | June 21, 2023

Oklahoma Court of Civil Appeals

Division I

Division II

Division III

120,344 – 4 of Us Resources, LLC, Appellant, v. State of Oklahoma, ex rel. Corporation Commission, Appellee. Appeal from the Oklahoma Corporation Commission. Appellant 4 of Us Resources, LLC (Operator) appeals from a January 27, 2022 order of the Oklahoma Corporation Commission finding Operator violated Commission rules; fining Operator $1,550.00; ordering forfeiture of Operator’s $25,000.00 surety bond; imposing a new $100,000.00 surety bond; and requiring Operator to shut-in its other wells until it posts the increased surety. Operator’s only contention on appeal is that it did not receive proper notice of the hearing. The record shows Operator’s registered agent, who was also the contact listed on Operator’s Commission paperwork, received notice of the hearing. Although Operator claims that person no longer represented Operator, it was Operator’s responsibility under Commission rules to notify the Commission of any change of address. See Okla. Admin. Code §165:5-19-1(d) (2020) and §165:10-1-16 (1996). Accordingly, we AFFIRM. Opinion by MITCHELL, C.J.; PRINCE, P.J., and BELL, J., concur. June 15, 2023

120,578 – DLJ Mortgage Capital, Inc., Plaintiff/Appellant, v. Annetta J. Beeler a/k/a Annetta Beeler a/k/a Annetta Jean Beeler, Defendant/ Appellee, and John Doe, her spouse, if married; Occupants of the Premises Aames Capital Corporation f/k/a Aames Funding Corporation; Associates First Capital Corporation, a Delaware Corporation successor by reason of merger with Associates Financial Services Company of Oklahoma, Inc.; Arvest Bank; Danny Beeler, Defendants. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Caroline Wall, Trial Judge. In this mortgage foreclosure proceeding filed eighteen years ago, Plaintiff/Appellant DLJ Mortgage Capital, Inc. (DLJ), like its plaintiff predecessors, seeks judgment against Defendant/Appellee Annetta Beeler. Throughout the case, the plaintiffs have been unsuccessful in establishing standing to pursue the claim. On appeal, now for the third time, we affirm the district court’s order finding DLJ lacks standing because the record on appeal does not show error. DLJ appeals from the order denying its motion to reconsider. However, the motion to reconsider was not included in the record, and our authority is limited to correcting errors appearing on the record. The lack of a complete record leaves this court unable to determine there was reversible error. The judgment of the trial court is AFFIRMED. Opinion by MITCHELL, C.J.; PRINCE, P.J., and BELL, J., concur. June 15, 2023

Division IV

119,911 – The Benjamin M. Barresi Separate Property Trust, an Oklahoma trust; COSMO ENERGY, LLC, an Oklahoma limited liability company and NTH, LLC, an Oklahoma limited liability company, Plaintiffs/Appellees, vs. Merit Petroleum, LLC, an Oklahoma limited liability company and John Sweeden, IV, an individual, Defendants/Appellants, and JCW Energy, LLC; Syntax, LLC; AllSquare, LLC; AllSquare Holdings, LLC; Fosbury, LLC and Publicdataok, LLC, Defendants. Appeal from an Order of the the District Court of Oklahoma County, Oklahoma, Hon. Sheila Stinson, Trial Judge. Merit Petroleum, LLC, and its owner John Sweeden, IV (collectively Merit) appeal the denial of their motion to disqualify counsel for Plaintiffs, The Benjamin M. Barresi Separate Property Trust, Cosmo Energy, LLC, (collectively the Trust) and NTH LLC in this business dispute litigation. After the required evidentiary hearing, a journal entry was filed denying the motion to disqualify. Because that order lacks the necessary findings of fact and conclusions of law, we vacate and remand for further proceedings. VACATED AND REMANDED FOR FURTHER PROCEEDINGS. Opinion from Court of Civil Appeals, Division IV by FISCHER, J.; BLACKWELL, P.J., and HUBER, J., concur. June 14, 2023

120,772 – Billy Gene Marshall, Plaintiff/Appellant, vs. G. Smith, et al,, Defendant/Appellee. Appeal to review an Order of the District Court of Pittsburg County, Hon. Tim Mills, Trial Judge. Billy Gene Marshall appeals the district court’s dismissal of his petition alleging violations of his constitutional rights by prison employees. This Court, in Case No. 119,227, reversed and remanded the trial court’s prior dismissal of this case with instructions to allow Marshall to plead compliance with the notice provisions of the Governmental Tort Claims Act (GTCA) and to add the state as a party, both of which were required to file such an action in district court. On review, we find that although Marshall added the state as a party, compliance with the GTCA has not been, and cannot be, satisfied. Accordingly, we affirm the trial court’s dismissal. AFFIRMED. Opinion from the Court of Civil Appeals, Division IV by BLACKWELL, P.J.; FISCHER, J., and HUBER, J., concur. June 15, 2023