Dispositions Other Than By Published Opinion | June 28, 2023

Oklahoma Court of Civil Appeals

Division I

120,450 – In the Matter of C.R. Alleged Deprived Child: Heather Hutchison, Appellant, v. State of Oklahoma, Appellee. Appeal from the District Court of Muskogee County, Oklahoma. Honorable Timothy King, Trial Judge. This is an appeal of an order terminating the parental rights of Heather Hutchison. Her brief-in-chief states the district court gave the evidence improper weight and improperly terminated her rights. The brief is materially non-compliant with Okla. Sup. Ct. Rule 1.11 because it provides no detail of the contentions of error and makes no citations to the record. However, because the appealed order terminated the parent and child relationship, this court has canvassed the record to ascertain whether the district court’s findings rest on clear-and-convincing proof. In re S.B.C., 2002 OK 83, ¶ 6, 64 P.3d 1080, 1082. This appeal is frivolous and completely without merit and is affirmed pursuant to Okla. Supreme Court Rule 1.202(a).Opinion by GOREE, P.J.; SWINTON, J., and DOWNING, J., concur. June 23, 2023

120,541 – In Re the Marriage of Bethany Burton, Petitioner/Appellee, v. Tod E. Burton, Respondent/Appellant. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Kasey Baldwin, Trial Judge. Appellant Tod Burton (Father) appeals from the trial court’s Order Modifying Custody, Visitation, and Child Support (Order), entered on May 31, 2022. Father challenges the trial court’s award of the tax exemptions for the minor children to Bethany Burton (Mother) and denial of his request for credit from previous years. Upon our review of the record on appeal and applicable law, we AFFIRM. Opinion by DOWNING, J.; GOREE, P.J., and SWINTON, J., concur. June 23, 2023

120,596 – In the Matter of the Estate of Douglas Cowan, Deceased. Misty Cowan, as Executrix of the Estate of Douglas Cowan, Petitioner/Appellant. v. Clay Muegge, individually and as Manager of Tomahawk Acid Services, LLC, Respondent/Appellee, and C. David Rhoades, Receiver. Appeal from the District Court of Osage County, Oklahoma. Petitioner/Appellant Misty Cowan appeals from an order directing her to return assets to Receiver David Rhoades. As the Executrix of Douglas Cowan’s estate, Cowan sought the appointment of a special master, later converted to a receiver, to assist in dissolving Tomahawk Acid Services, LLC, a company partly owned by Decedent. Receiver filed a motion for contempt against Cowan after she refused to return a truck which Receiver contended was a receivership asset. Following a hearing, the trial court ordered Cowan to return the proceeds, plus costs, to Receiver. Cowan argues the trial court erred in allowing Receiver to represent Tomahawk in court because Receiver is not a licensed attorney and in denying Cowan the right to jury trial on the issue of contempt. It is settled that a receiver is an officer of the court and is not a party to the action. Receiver was not representing Tomahawk and Cowan has failed to present authority supporting her claim that Receiver was required to hire counsel to seek an order compelling her to return an asset of the receivership estate. Cowan failed to request a jury at the beginning of the hearing and has waived that issue. Additionally, Receiver sought only an order coercing Cowan to return the asset; his motion did not seek a penal sanction. The order appointing Receiver gave him broad powers to act to the extent allowed by law, and the order additionally imposed an injunction requiring parties to return receivership assets and gave notice that failure to comply would be treated as contempt. We affirm. Opinion by SWINTON, J.; GOREE, P.J., concurs and DOWNING, J., dissents. June 23, 2023

120,969 – Latigo Oil & Gas Inc., an Oklahoma Corporation, Plaintiff/Appellee, v. BP America Production Company, a Delaware corporation, Defendant/Appellant. Appeal from the District Court of Beaver County, Oklahoma. Honorable Jon Parsley, Trial Judge. Defendant/Appellant, BP America Production (BP), appeals from the trial court’s Order granting Plaintiff/Appellee’s, Latigo Oil & Gas, Inc. (Latigo) application for preliminary injunction preventing BP from assigning its interests in three mineral estates pursuant to a purchase sale agreement between BP and VR4-Moriah, L.P. (VR4). The trial court held a hearing on the application on June 3, 2022. At the conclusion, the trial court found Latigo met its burden by clear and convincing evidence. After a thorough review of the record, as well as the pleadings, we find the trial court abused its discretion. Therefore, the trial court’s Order is REVERSED and REMANDED with instructions to VACATE. Opinion by DOWNING, J.; GOREE, P.J., and SWINTON, J., concur. June 23, 2023

Division II

120,901 – In the Matter of G.Y., an Alleged Deprived Child, Steven Yourist, Appellant, vs. State of Oklahoma, Appellee.  Appeal from the District Court of Oklahoma County, Hon. Lydia Y. Green, Trial Judge.  Steven Yourist (Father) appeals a trial court order after jury verdict terminating his parental rights to his minor child, GY.  We are asked to review whether the State of Oklahoma proved the grounds for termination by clear and convincing evidence and that termination of Father’s parental rights was in the child’s best interest, and whether any other trial court errors mandate reversal.  After careful review of the record and applicable law, we conclude for the reasons given that clear and convincing evidence supports the trial court’s order terminating Father’s parental rights.  We therefore affirm the trial court’s order except the finding regarding domestic violence, which we reverse.  AFFIRMED IN PART AND REVERSED IN PART.  Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; BARNES, V.C.J., and HIXON, J., concur. June 23, 2023

120,613 – In the Matter of the Estate of: Patrick James Gallagher, Deceased, Theresa Janbaz, Plaintiff/Appellee, v. Matthew Aaron Giles, as Petitioner and Special Administrator, Defendant/Appellant. Appeal from the District Court of Blaine County, Hon. Allison M. Lafferty, Trial Judge. Matthew Aaron Giles (Giles) appeals an order denying his petition to admit a will to probate in In the Matter of the Estate of Patrick James Gallagher. Based on our review of the record and applicable law, we reverse the trial court’s order and remand the matter to the trial court for further proceedings consistent with this Opinion. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION. Opinion from Court of Civil Appeals, Division II, by HIXON, J.; WISEMAN, P.J., and BARNES, V.C.J., concur. June 23, 2023

Division III

120,775 – James Richardson, Petitioner, v. McClain County, Compsource Mutual Insurance Company, and the Workers’ Compensation Court of Existing Claims, Respondents. Appeal from the proceeding to review an order of the Workers’ Compensation Commission. Petitioner, James Richardson (“Claimant”), appeals an Order on Appeal Vacating the Decision of the Trial Court, which was issued by the Three Judge Panel of the Workers’ Compensation Court of Existing Claims. Claimant was awarded permanent partial disability benefits and then sought to reopen the case based on a purported change in condition. Respondents, McClain County and Compsource Mutual Insurance Company (“Respondents”), filed a Motion to Dismiss the Motion to Reopen. The Motion to Dismiss was filed by Respondents after Claimant did not seek a hearing on his Motion to Reopen for a period of more than two years after a final payment for medical treatment was made. Relying on 85 O.S. § 318(E), the Three Judge Panel dismissed Claimant’s case. Claimant appeals that dismissal and, after a review of the record and law, we find that the decision of the Panel should be VACATED and the case REMANDED to the Court of Existing Claims for further proceedings consistent with this Opinion. Opinion by PRINCE, P.J.; MITCHELL, C.J., and BELL, J., concur. June 23, 2023

Division IV