Dispositions Other Than By Published Opinion | March 16, 2022
Oklahoma Court of Civil Appeals
Division I
118,871 – ELLAMAE THIESSEN; and, LIBERTY MINERALS, LLC, Plaintiffs/Appellants, v. CBS ENERGY, L.L.C.; THE TERMO COMPANY; TIP OIL CO., LLC; CHESAPEAKE EXPLORATION, L.L.C.; GASTAR EXPLORATION USA, INC.; GARDE ROYALTY, LLC; NEWFIELD EXPLORATION MID-CONTINENT, INC.; ATLAS OBO ENERGY, LP; OKIE ENERGY GROUP II, LLC; MJRSR, LLC; KWF ENTERPRISES, L.P.; HED ENTERPRISED, L.P.; LONE OAK ROYALTY PARTNERS, LLC; TRIPLE CROWN ACQUISITIONS, LLC; VIAJE OIL AND GAS, LLC; BEACON E&P RESOURCES, LLC; CHISHOLM OIL AND GAS OPERATING, LLC; EA PETROLEUM, INC.; YALE AVENUE, LTD;TULSA ENERGY, INC.; OKLAHOMA OIL & GAS MANAGEMENT, INC.; PACER PROPERTIES, INC.; NBI SERVICES; BENDER OIL, LTD; CSM, INC., NOMINEE FOR NCNB TEXAS NATIONAL BANK AS ASSIGNEE OF FDIC AS RECEIVER FOR FIRST REPUBLICBANK DALLAS NA; LONE OAK ROYALTY PARTNERS, LLC; ALTA ENERGY CORPORATION; RAELAND SERVICES, LLC;TRIPLET RESOURCES, LP; CJ BRADSHAW HOLDING, LP; LEEMAN ENERGY CORPORATION; STAGHORN PETROLEUM, LLC; McMILLAN LAND COMPANY; MPE Financial L.P., D/B/A/ KEW DRILLING; TURK PRODIGY, LLC; CEDAR FARMS INVESTMENTS, LLC; JBS ENERGY, LLC; MPJ ENERGY, LLC; OFT, LLC; GEORGE WILLIS & ASSOCIATES, INC; FARRAR OIL COMPANY; CONTINENTAL RESOURCES, INC.; MID-CONTINENT MUD SALES, INC.; ECKROAT GRAIN AND WAREHOUSE, INC.; DALCO PETROLEUM, INC.; PIONEER EXPLORATION, LLC; SUNRISE EXPLORATION, LLC; SULLIVAN & COMPANY, LLC; SAND RESOURCES, INC.; BORELLI, INC.; ELLY B. BEARD TRUST;JANET LYNNE ASBILL, DEBRA JOYCE BOLT AND JULIE KAY HENSON, CO-TRUSTEES OF THE JACKSON FAMILY TRUST; GERALDINE KAMMAN REYNOLDS TRUST DATED MAY 6, 1999; DON J. LEEMAN AND PATTI P. LEEMAN, CO-TRUSTEES OF THE DON J. LEEMANREVOCABLE TRUST DATED JULY 1, 1998; JAMES H. MOORE AND MARY E. MOORE, CO-TRUSTEES OF THE JAMES H. AND MARY E. MOORE REVOCABLE TRUST DATED JULY 29, 1988; LACY E. WHITEHEAD LIVING TRUST; ELISE REEDER OLTON, FRANK H. OLTON AND FRANK H. OLTON AND BESSEMER TRUST COMPANY OF FLORIDA, AS TRUSTEES OF THE ELISE REEDER OLTON TRUST U/A DATED 5/26/81, AS AMENDED; JAMES C. SELF REVOCABLE TRUST AGREEMENT DATED 11-23-88; KAY B. WILKINSON, TRUSTEE; MERRILL J. REYNOLDS, TRUSTEE OF THE MERRILL JOHNSON REYNOLDS REVOCABLE TRUST DATED NOVEMBER 1, 1989; CHARLES D. MORRISON AND WILLIAM P. MORRISON AS CO-TRUSTEES OF THE CHARLES D. MORRISON REVOCABLE TRUST; MICHAEL A. PORTER, TRUSTEE OF THE VELMA SUE HARDY REVOCABLE TRUST; JERRY O. ELLIS; RALPH E. MULLIN, A/K/A/ RALPH EVERETT MULLIN; CHRISTOPHER E. MULLIN, JR.; MELINDA K. ALITZ AND RICHARD W. ALITZ, JR; CONNIE TERESA VAN ZELFDEN, F/K/A/ CONNIE TERESA RHOADS; JOHN JEFFERSON RHOADS, II; PAMELA GAIL WOFFORD F/K/A PAMELA GAIL RHOADS; PATRICIA ALLISON RHOADS; SARAH HAMILTON MARTIN, F/K/A SARAH HAMILTON RHOADS; THOMAS HAMMOND; JOHN T. BENDER, JR.; DON V. INGRAM; THOMAS A. JAMES; B. BERT SHERRON; DAVID P. ECKROAT; DONALD W. ECKROAT; DOUGLAS L. RENFRO; JULIA M. ANDREWS; ROBERT D. BRYANT; WAYNE M. BAKER; MICHAEL J. ECKROAT; LARRY M. SMITH; STANLEY ANGEL AND SANDRA ANGEL; JOHN W. CONDON; JOHN M. BETHEL; NEVA LeGATE; ARTHUR V. ECKROAT; GERALDINE K. REYNOLDS; DOROTHY N. MORGAN; AND, LAURA MAE JACKSON, Defendants/Appellees. Plaintiffs, Ella
Plaintiffs, Ella Mae Thiessen and Liberty Minerals, filed a petition to quiet title to certain mineral interests underlying riparian lots along the Cimarron River, seeking judicial cancellation of the oil and gas lease covering their property. Defendants, Newfield Exploration Mid-Continent, Inc, CBS Energy, Chickasaw Royalty, LLP, and Paloma Partners IV, LLC, and James C. Self Revocable Trust Agreement Dated 11-23-88, et al. argued the oil and gas lease was held by production from an oil and gas well (the Beard Well) drilled in 1980. The trial court held that using the Goins method to survey the subject lands placed accreted lands attributable to Lot 8 within the Beard Unit. As a result, the subject lease did not expire and is held by production in paying quantities. It also held that Plaintiffs are estopped from asserting cancellation of the subject lease due to their execution of division orders and acceptance of royalties for approximately 35 years. We affirm. Opinion by GOREE, J.; BELL, P.J., and MITCHELL, V.C.J., (sitting by designation) concur. March 11, 2022
119,053 – Charlie C. Price, Individually, and as Next of Kin of Marilyn L. Price, Deceased, Plaintiff/Appellant, v. Weizhang, M.D., Frederick A. Dorroh, M.D., Ardmore Surgical Associates, Inc., Mercy Clinic Oklahoma Communities, Inc., Mercy Hospital-Ardmore, Inc., and John Doe/One or more, Defendants/Appellees. Appeal from the District Court of Carter County, Oklahoma. Honorable Thomas K. Baldwin, Trial Judge. Plaintiff/Appellant, Charlie Price, individually and as next of kin of his deceased wife, Marilyn L. Price, appeals from the trial court’s dismissal without prejudice of his wrongful death lawsuit against Defendants/Appellees, Wei Zhang, M.D., Frederick A. Dorroh, M.D., Ardmore Surgical Associates, Inc., Mercy Clinic Oklahoma Communities, Inc., Mercy Hospital-Ardmore, Inc., and John Doe/One or more. Plaintiff filed this lawsuit against Defendants on April 1, 2016. At the July 13, 2020, pretrial conference, Plaintiff’s counsel sent another attorney, who had not filed an entry of appearance, to cover the proceeding in his place because of a scheduling conflict. The trial court sua sponte dismissed Plaintiff’s petition without prejudice for the failure of Plaintiff’s counsel of record to appear and failure to prosecute. District Court Rule 5(H) mandates that the “[pretrial] conference shall be attended by at least one of the attorneys who will conduct the trial for each of the parties, unless a substitute attorney is authorized by the Court, . . . (emphasis added)” and Rule 5(J) authorizes the trial court to sanction a party where counsel fails to appear at pretrial conference. We hold the trial court properly dismissed Plaintiff’s petition without prejudice. AFFIRMED. Opinion by BELL, P.J.; GOREE, J., and MITCHELL, V.C.J., (sitting by designation) concur. – March 11, 2022
120,142 – Brett, individually and as Trustee of the Brett A. Leemaster Rev. Trust, and Alesha Leemaster, individually and as a Trustee of the Alesha M. Leemasster Rev. Trust, Plaintiffs/Appellants, v. Beta Theta PI Corporation of Oklahoma, Defendant/Appellee, and Gamma Phi Chapter of Beta Theta PI. Appeal from the District Court of Cleveland County, Oklahoma. Honorable Thad Balkman, Trial Judge. Plaintiffs/Appellants, Brett and Alesha Leemaster and their respective revocable trusts, seek review of the Cleveland County District Court order of December 13, 2021 denying the Leemasters’ motion to dismiss the Defendant/Appellee’s, Beta Theta Pi Corporation (Beta), counterclaim for malicious prosecution. The district court denied the Leemasters’ motion to dismiss made pursuant to 12 O.S. Supp.2004 §12(B)(6) and pursuant to 12 O.S. Supp.2014 §1430 et seq. The Leemasters assert the district court erred in its failure to dismiss Beta’s malicious prosecution counterclaim under the Oklahoma Citizens Participation Act (OCPA), 12 O.S. §1430 et seq., due to Beta’s failure to present “clear and specific evidence” of “a prima facie case for each essential element of the claim in question.” 12 O.S. §1434(C). We reverse the appealed order and remand the cause for further proceedings. Opinion by GOREE, J.; BELL, P.J., and MITCHELL, V.C.J., (sitting by designation) concur.
120,125 – Midfirst Bank, Plaintiff/Appellee v. Jenifer Ann Poe, Defendant/Appellant, Alice J. Poe, Personal Representative of the Estate of Jerry Daniel Poe, Deceased, Defendant. Appeal from the District Court of Tulsa County, Oklahoma. Honorable William D. LaFortune, Trial Judge. Jenifer Ann Poe, Appellant, appeals an order denying her motion for new trial in an interpleader action filed by MidFirst Bank, Appellee. The district court correctly held the bank claimed no interest to the funds in an account, and that it could be subject to double liability. 12 O.S. §2022(A). The bank’s decision to file a petition for interpleader rather than disburse the payable-on-death account, pursuant to 6 O.S. Supp. 2006 §901, was in good faith where there was a variance between the claimant’s name and date of birth, and the information on the beneficiary card on file with the bank. Affirmed. Opinion by GOREE, J; BELL, P.J., and MITCHELL, V.C.J.(sitting by designation) concur.
Division II
Division III
119,167 – Boston Avenue, Council Oak Center, LLC, and Modern Spirits LLC, Plaintiffs/Appellees, v. Courtney Smith f/k/a Courtney Osborne, Defendant, and Austin Smith and Wayne Austin Smith, Trustee of the Wayne Austin Smith and Monica Gail Smith Living Trust Dated March 28th, 2008, Defendants/Appellants. Appeal from the District Court of Tulsa County, Oklahoma. Honorable William D. Lafortune, Trial Judge. Defendants/Appellants Austin Smith personally, and Wayne Austin Smith, Trustee of the Wayne Austin Smith and Monica Gail Smith Living Trust appeals from an order denying a petition to vacate a default judgment in an action filed by Plaintiff/Appellee Boston Avenue Realty alleging embezzlement and conspiracy to embezzle against Appellants and Defendant Courtney Smith. Appellants argue that they were not properly served notice of the default proceedings, and that the trial court’s rulings were inconsistent because it granted Defendant Courtney Smith’s petition to vacate the default judgment entered against her. We AFFIRM. Opinion by SWINTON, J.; MITCHELL, V.C.J., and PRINCE, P.J., concur. – March 10, 2022
119,368 – 25357 Johnson Avenue, LLC, an Oklahoma Limited Liability Company, Plaintiff/Appellee, v. Big Time Billboards, LLC., an Oklahoma Limited Liability Company; Sam Stokley, an individual, Defendants/Appellants. Appeal from the District Court of McClain County, Oklahoma. Honorable Charles Gray, Trial Judge. Plaintiff/Appellee, Johnson Avenue, 25357 Johnson Avenue, LLC (“Johnson Avenue”), filed a Petition to quiet title to real property based on its allegation that Defendants/Appellants, Big Time Billboards, LLC, and Sam Stokely (collectively referred to as “Big Time”), held a void easement for the property. Johnson Avenue filed a Motion for Summary Judgment. In response, Big Time filed a Rule 13(d) Motion seeking additional time to conduct discovery. The trial court entered a Journal Entry of Judgment Quieting Title in favor of Johnson Avenue because, as required by the Constitution of the State of Oklahoma and the Homestead Act, the easement had not been signed by both of the prior owners, who were husband and wife, and had claimed a homestead on the property. The trial court denied Big Time’s Rule 13(d) Motion for additional time to conduct discovery and quieted title in favor of Johnson Avenue. Pursuant to Oklahoma Supreme Court Rule 1.36(a)(1) and In re Amendments to Oklahoma Supreme Court Rules, 2013 OK 67, this appeal was assigned to the accelerated docket without appellate briefing. After de novo review of the record and applicable law, we AFFIRM the trial court’s January 19, 2021, Journal Entry of Judgment Quieting Title. Opinion by PRINCE, P.J.; MITCHELL, V.C.J., and SWINTON, J., concur. – March 10, 2022
119,418 – In re the Marriage of McClure. Donna Marie McClure, Petitioner/Appellee, v. Charles Edward McClure, Respondent/Appellant. Appeal from the District Court of Washington County, Oklahoma. Honorable Kyra Franks, Trial Judge. Respondent/Appellant Charles McClure (Husband) appeals from the property division in the Decree of Dissolution of Marriage entered in this divorce proceeding brought by Petitioner/Appellee Donna McClure (Wife). In the Decree, the trial court approved the property division to which the parties agreed in mediation. Husband argues the trial court failed to independently determine whether the property division was fair and equitable. At the conclusion of the hearing on Wife’s motion to enforce the mediation agreement, the trial court announced its finding the agreement was fair and reasonable. We have read the record in its entirety and find no reversible error. We therefore AFFIRM. Opinion by SWINTON, J.; MITCHELL, V.C.J., and PRINCE, P.J., concur. – March 10, 2022