Dispositions Other Than By Published Opinion | March 12, 2025
Oklahoma Court of Civil Appeals
Division I
121,702 – Sandpiper Apartments, Plaintiff/Appellee, v. Paul Love, Jr. Defendant/Appellant. Appeal from the District Court of Garvin County, Oklahoma. Honorable Laura McClain, Trial Judge. Defendant/Appellant Paul Love, Jr., (Tenant) appeals from a Small Claims Judgment which awarded judgment in favor of Plaintiff/Appellee Sandpiper Apartments (Landlord). The trial court awarded $1,589.72 and possession of the apartment to Landlord. We affirm. Opinion by SWINTON, J.; GOREE, P.J., concurs and PRINCE, J., concurs specially. March 6, 2025
122,205 – Pamela Sherman, Special Administrator of the Estate of Paul Wilson, Plaintiff/Appellant, v. River Parks Authority, an Oklahoma Public Trust Authority, Defendant/Appellee and City of Tulsa, and Board of County Commissioners of Tulsa County, Defendants. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Caroline Wall, Trial Judge. Plaintiff/Appellant, Pamela Sherman, appeals an order granting the motion to dismiss filed by Defendant/Appellee, River Parks Authority. The petition alleges failure to keep premises safe and to warn of a hazardous condition. It fails to state a claim upon which relief can be granted because Title 76 O.S. §10.1 limits the liability of landowners that make outdoor recreational areas available for public use and no exception applies. Affirmed. Opinion by GOREE, P.J.; SWINTON, J., concurs and PRINCE, J., concurs specially. March 6, 2025
122,364 – In the Matter of the Estate of Lovie Lorene McKee, Deceased. Carolyn Green, Appellant, v. Dow Gayler, Personal Representative of the Estate of Lovie Lorene McKee, Appellee. Appellant appeals an order denying his claim to a spousal share under 84 O.S. §44 of the Estate of Lovie McKee. The trial court correctly interpreted the statute, and its finding that Appellant failed to meet the burden of proof was not against the clear weight of the evidence. The order is affirmed. Opinion by GOREE,P.J.; SWINTON, J., and PRINCE, J., concur. March 6, 2025
122,416 – Kevin Ramon Melendez, Petitioner/Appellant, v. State of Oklahoma, ex rel. Service Oklahoma Respondent/Appellee. Appeal from the District Court of Love County, Oklahoma Honorable Todd Hicks, Trial Judge. The District Court’s order affirming the revocation is supported by sufficient evidence and shows no error of law. We therefore affirm. Opinion by SWINTON, J.; GOREE, P.J., and PRINCE, J., concur. March 6, 2025
122,661 – Colbi Parrish, as Personal Representative of the Estate of George Parrish, Plaintiff/Appellant, v. Warren Clinic Inc., Dr. Shahabudeen Usman, and Dr. Timothy Nokes, Defendants/Appellees. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Doug Drummond, Trial Judge. Colbi Parrish, Personal Representative of the Estate of George Parrish (Plaintiff/Appellant), has appealed the trial court’s grant of summary judgment to Dr. Shahabudeen Usman, Dr. Timothy Nokes, and the Warren Clinic, Inc. (Defendants/Appellees). After the Defendants’ initial Motion for Summary Judgment was denied, in part, the Defendants requested the trial court reconsider its prior denial on statute of limitations grounds. Upon reconsideration, the trial court held that the statute of limitations for Mr. Parrish’s negligence claim had expired and further found that the conversion of the negligence claim to a wrongful death claim did not extend the statute of limitations. We find no error in the trial court’s grant of summary judgment and, accordingly, the trial court’s Order is AFFIRMED. Opinion by PRINCE, J.; GOREE, P.J., and SWINTON, J., concur. March 6, 2025
Division II
121,599 – In re the Marriage of: Joseph Harroz, Jr., Petitioner/Appellee, vs. Samia M. Harroz, Respondent/Appellant. Appeal from the District Court of Cleveland County, Honorable Lori Puckett, Trial Judge. Samia M. Harroz (Mother) appeals orders of the trial court granting a motion to enforce visitation filed by Joseph Harroz, Jr., (Father) finding her guilty of contempt, awarding “make up visitation,” and awarding attorney fees to Father. After review, we find the trial court erred as a matter of law in granting the motion to enforce visitation and finding Mother guilty of contempt and thus erred as a matter of law in awarding attorney fees. Accordingly, we reverse the orders of the trial court. REVERSED. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; FISCHER, J., concurs, and BLACKWELL, J., dissents. March 6, 2025
Division III
122,022 – Linh Tran Stephens, Appellant/Petitioner, v. Adam Sylvester Stephens, Appellee/Respondent, and State of Oklahoma Department of Human Services, Child Support Services, Necessary Party/Appellee. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Deborrah Ludi-Leitch, Trial Judge. Appellant Linh Tran Stephens (Mother) appeals the trial court’s order following a jury trial which determined she was guilty of indirect contempt for violating a trial court’s child support order. After a thorough review of the record and the applicable law, this Court AFFIRMS. Opinion by DOWNING, P.J.; BELL, C.J., and MITCHELL, J., CONCUR.
122,778 – David Neil Livingston Revocable Trust, Plaintiff/Appellant, vs. Town of Slaughterville, Oklahoma, Defendants/Appellees. Appeal from the District Court of Cleveland County, Oklahoma. Honorable Michael D. Tupper, Trial Judge. David Neil Livingston Revocable Trust (Trust) appeals the trial court’s Declaratory Judgment Ruling (Order) entered June 21, 2024 and Journal Entry of Judgment denying Trust’s Motion for New Trial entered January 22, 2025. After reviewing the record, we find no reversible error. Further, the trial court’s findings of fact are supported by sufficient competent evidence, the findings of fact and conclusions of law are more than adequately explained in the appealed Order, and the trial court did not abuse its discretion. Accordingly, we summarily AFFIRM pursuant to Oklahoma SUPREME COURT RULE 1.202(b), (d) AND (e), 12 O.S.2021, Ch. 15, App. 1. Opinion by DOWNING, P.J.; BELL, C.J., and MITCHELL, J., CONCUR
Division IV
121,932 – Cori Beagles, Petitioner/Appellant, vs. William Christopher Kinter, Respondent/Appellee. Appeal from the District Court of Logan County, Hon. Susan Worthington, Trial Judge. In this paternity action, Cori Beagles appeals the trial court’s judgment and decree of paternity, asserting the court erred in the award and calculation of child support. Based on our review of the record and applicable law, we reverse the trial court’s award of child support and remand the matter with directions. REVERSED AND REMANDED WITH DIRECTIONS. Opinion from Court of Civil Appeals, Division IV, by HIXON, V.C.J.; BARNES, P.J., and HUBER, J., concur. March 11, 2025
121,911 – In the Matter of the Adoption of E.R.W., Deprived Child, Jamie L. Hunt, Appellant, vs. Aaron and Brenda Alfonso, Appellees. Appeal from the District Court of Cleveland County, Hon. Kimberly K. Conyers, Trial Judge. Jaime L. Hunt (Grandmother) appeals the district court’s December 22, 2023, journal entry, which denied Grandmother’s petition for adoption of minor child E.R.W and allowed the petition of Aaron and Brenda Alfonso to proceed with adoption of minor child. Grandmother argues: (1) the evidence produced at the best interest hearing was insufficient to overcome the relative preference in 10A O.S.2021 § 1-4-204(A)(1); and (2) that the district court erred because it did not properly weigh the factors in 10A O.S.2021 § 1-4-812. Based on our review of the record and applicable law, we affirm. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HUBER, J.; BARNES, P.J., and HIXON, V.C.J., concur. March 11, 2025
121,770 – Karen Suzanne Schmidt, Petitioner/Appellee, vs. Troy Schmidt, Respondent/Appellant. Appeal from the District Court of Cleveland County, Hon. Bridget Childers, Trial Judge. Troy Schmidt (Husband) appeals the trial court’s journal entry denying his motion to vacate the decree of dissolution of marriage pursuant to 12 O.S.2021, §§ 1031.1 and 1031(3). We find the trial court did not abuse its discretion by denying Husband’s motion to vacate the decree, and therefore affirm the trial court’s journal entry. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HIXON, V.C.J.; BARNES, P.J., concurs, and HUBER, J., concurs in part and dissents in part. March 11, 2025
121,985 – Multiple Injury Trust Fund, Petitioner/Appellant, vs. Fernando Colunga, Respondent/Appellee. Appeal from the Workers’ Compensation Commission. The Multiple Injury Trust Fund appeals the Oklahoma Workers’ Compensation Commission’s Order Affirming Decision of Administrative Law Judge finding Claimant, Fernando Colunga, permanently totally disabled from a combination of his injuries. The Commission’s order affirming the ALJ’s award of permanent total disability benefits from MITF is supported by substantial evidence and is not “[c]learly erroneous in view of the reliable, material, probative and substantial competent evidence.” We, therefore, affirm the Commission’s order. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HUBER, J.; BARNES, P.J., and HIXON, V.C.J., concur. March 11, 2025