Dispositions Other Than By Published Opinion | March 19, 2025
Oklahoma Court of Civil Appeals
Division I
122,413 – In the Matter of: D.C., Alleged Deprived Child, Kyley Spears, Appellant, v. State of Oklahoma, Appellee. Appeal from the District Court of Rogers County, Oklahoma. Honorable Tamera Childers, Trial Judge. Respondent/Appellant Kyley Spears (Mother) appeals from an order terminating her parental rights to minor child D.C. entered on July 3, 2024. Mother argues that the State failed to timely file a petition to terminate, that she was denied an individualized service plan, and that Appellee State of Oklahoma (State) did not prove that it was in the minor child’s best interests to terminate Mother’s parental rights. We affirm. Opinion by SWINTON, J.; GOREE, P.J., and PRINCE, J., CONCUR. March 12, 2025
122,414 – In the Matter of: D.C., Alleged Deprived Child, Kyle Caldwell, Appellant, v. State of Oklahoma, Appellee. Appeal from the District Court of Rogers County, Oklahoma. Honorable Tamera Childers, Trial Judge. Respondent/Appellant Kyle Caldwell (Father) appeals from an order terminating his parental rights to minor child D.C. entered on July 3, 2024. Father argues that the State failed to timely file a petition to terminate, that he was denied procedural due process, that he was denied an individualized service plan, and that Appellee State of Oklahoma (State) did not prove that it was in the minor child’s best interests to terminate Father’s parental rights. We affirm. Opinion by SWINTON, J.; GOREE, P.J., and PRINCE, J., CONCUR. March 12, 2025
122,492 – The Bank of New York Mellon, f/k/a The Bank of New York as Successor in interest to J.P. Morgan Chase Bank N.A., as Trustee for Nationstar Home Equity Loan Trust, 2006, B. Plaintiff/Counter- Defendant/Appellee, v. Kim McMahan, Defendant/Counter Claimant/Appellant, and Spouse Of Kim McMahan; John Doe, Occupant of Premises; Western United Life Assurance Company; and Bank of New York, as Trustee pursuant to the terms of that pooling and service agreement date as of April 1, 1998 related to Metropolitan Asset Funding, Inc., II Mortgage Pass-Through Certificates Series 1998-A, Defendants. Appeal from the District Court of Grady County, Oklahoma. Honorable Kory Kirkland, Trial Judge. Defendant/Appellant Kim McMahan appeals from an order overruling her motion to reconsider summary judgment entered in favor of Plaintiff/Appellee the Bank of New York Mellon (Bank). The undisputed material facts show McMahan defaulted on a note, Bank accelerated it, and then sought foreclosure of the mortgage securing the note. McMahan presented evidence showing she made some payments during the relevant period, but Bank presented evidence showing McMahan had not paid the amounts required to cure the default. Bank was entitled to judgment as a matter of law, and we therefore find no abuse of discretion in the denial of the motion to reconsider. We affirm. Opinion by SWINTON, J.; GOREE, P.J., and PRINCE, J., CONCUR. March 12, 2025
Division II
122,449 – Community Strategies—CA, Inc., Plaintiff/Appellant, vs. Community Strategies, Inc., d/b/a Epic One-On-One Charter School and Epic Blended Learning Charter School, Defendant/Appellee. Appeal from the District Court of Oklahoma County, Honorable Don Andrews, Trial Judge. Plaintiff Community Strategies—CA, Inc., appeals the trial court’s entry of summary judgment in favor of Defendant Community Strategies Inc., d/b/a Epic One-On-One Charter School and Epic Blended Learning Charter School. The issue presented is whether the trial court erred in finding that no material undisputed fact questions remain and that Defendant is entitled to judgment as a matter of law. After review, we conclude material facts remain in dispute precluding summary judgment, and we reverse and remand for further proceedings. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; FISCHER, J., concurs, and BLACKWELL, J., dissents. March 12, 2025
121,250 – Benedek Tallai, Petitioner/Appellant, vs. Katalin Tallai, Respondent/Appellee. Appeal from Order of the District Court of Oklahoma County, Hon. Lisa K. Hammond, Trial Judge. Petitioner/Appellant Benedek Tallai appeals from a district court order granting a motion to dismiss filed by Respondent/Appellee Katalin Tallai, in a family and domestic proceeding brought by Mr. Tallai solely for the purpose of dividing the parties’ U.S.-based retirement accounts. Mr. and Ms. Tallai had previously sought a dissolution of marriage and property division in Hungary, however the Hungarian court refused, for reasons disputed by the parties, to divide the parties’ U.S.-based retirement assets. The district court determined that it lacked subject matter jurisdiction over the proceeding and dismissed the case. We affirm the district court’s dismissal of the case, although on the separate ground that the parties absolute divorce extinguished any pre-existing rights Mr. Tallai may have had in the U.S.-based retirement accounts. AFFIRMED. Opinion from Court of Civil Appeals, Division II by FISCHER, J.; WISEMAN, P.J., and BLACKWELL, J., concur. May 12, 2025
122,204 – Jimmy Mills, Petitioner, vs. Gary A. Crain, Inc., Imperium Insurance Company and The Workers’ Compensation Commission, Respondents. Appeal from an order of the Workers’ Compensation Commission. The Workers’ Compensation Commission affirmed a decision of the Administrative Law Judge finding that Claimant Jimmy Mills is not permanently and totally disabled, and Claimant appeals. The facts of the accident and the resulting injuries are undisputed, leaving a question of law. After review, we find no legal error in the WCC’s decision, and we affirm. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; FISCHER, J., and BLACKWELL, J., concur. March 14, 2025
Division III
122,061 – FTDM Investments, LLC, Plaintiff/Appellee, v. Western Alliance, Inc. and Jery Rush, Defendants/Appellants. Appeal from the District Court of Mayes County, Oklahoma. Honorable Shawn S. Taylor, Trial Judge. Western Alliance, Inc. and Jerry Rush (Jerry) (collectively Appellants) appeal from the February 26, 2024 Journal Entry of Judgment entered in favor of FTDM Investments, LLC (FTDM). Based on our review of the record and applicable law, we AFFIRM. Opinion by DOWNING, P.J.; MITCHELL, J., and BELL, C.J., concur. March 13, 2025
122,277 – Michael Shane Long and Amy Hope Long, Plaintiffs/Appellees, v. Huyan Tran Ly, an Individual; et al., Defendants/Third-Party Plaintiffs/Appellants, v. Towner Properties, LLC, an Oklahoma limited liability company, et al., Third-Party Defendants/Appellees. Appeal from the District Court of Carter County, Oklahoma. Honorable Dennis Morris, Trial Judge. Defendants/Third-Party Plaintiffs/Appellants, Huyan Tran Ly, Healthy Bud Growing, LLC, and Tran Vinh Pho Hoai, appeal from the trial court’s grant of summary judgment in favor of Plaintiffs/Appellees, Michael Shane Long and Amy Hope Long, in Plaintiffs’ action to quiet title to a rural tract of land. In 2021, Ly purchased the Subject Property and properly recorded her warranty deed. Ly and her business partner then started operating a marijuana growing operation on the property. In April 2023, Ly sold the Subject Property to Towner Properties, LLC, which is owned by Jason Towner. Ly and Towner also executed a “Contract for Deed,” which appears to be a lease agreement with an option to purchase. The contract required Ly to pay monthly rent and gave her the right to purchase the property at any time thereafter for $60,000.00. The contract also gave Towner the right to foreclose on the property if rents, taxes or insurance remained unpaid for more than five (5) days. Towner filed his quit claim deed of record on April 27, 2023. The Contract for Deed was never recorded. On October 17, 2023, Towner filed a forcible entry and detainer (FED) action to evict Defendants for default. On October 25, 2023, Towner sold the Subject Property to Plaintiffs, who filed the general warranty deed on October 26, 2023. Prior to purchasing the property, Plaintiffs obtained a title opinion which revealed Towner was the sole owner of the Subject Property and no requirements were necessary involving Defendants. The FED action was thereafter dismissed. When Defendants then refused to vacate the premises, Plaintiffs filed the instant quiet title action. Defendants answered, claiming an interest in the Subject Property via the Contract for Deed, and filed a counterclaim to quiet title in Ly. Defendants also added Towner and his company as Third-Party Defendants. The trial court granted judgment to Plaintiffs and dismissed all other claims and counterclaims between all parties without prejudice. On appeal, Defendants contend that summary judgment was improperly granted because Plaintiffs’ status as bona fide purchasers is disputed, specifically that Plaintiffs should have been aware that Ly claimed some ownership interest in the Subject Property because her partner and Healthy Bud remained in possession thereof. Plaintiffs maintain they had no notice of any claim asserted by Ly. Although Plaintiffs were aware of Defendants’ presence on the Subject Property, they understood that Defendants were simply tenants. This Court recently addressed an argument comparable to Defendants’ in Butterfield v. Trustee of McCoy Revocable Living Trust, 2024 OK CIV APP 2, 542 P.3d 877. Similar to Defendants’ assertion here, Butterfield argued on appeal that his possession of the property served to put the McCoy Trust on notice of his ownership claim. Like the contract in Butterfield, Ly’s Contract for Deed represented Towner’s commitment to sell and convey the Subject Property in the future. “In Oklahoma, a contract to convey at a future time – once the purchaser performs certain acts – does not transfer any title until the purchaser performs all acts necessary to entitle him to a deed.” Id. at ¶22 (emphasis in original). Further, “The law is clear, possession of real property does not confer title to the possessor.” Id. at ¶27. Under the terms of the Contract for Deed in the present case, Ly had the option to purchase the Subject Property at any time after the contract was executed (i.e.: some point in the future) upon payment to Towner of $60,000.00. When Plaintiffs purchased the Subject Property and filed their deed of record, Ly had not performed the act necessary – payment of $60,000.00 – to entitle her to a deed. Therefore, Ly had no interest in the Subject Property and the trial court properly found Plaintiffs were bona fide purchasers. We also hold Defendants have failed to show the trial court abused its discretion in denying their request for a continuance to conduct discovery. AFFIRMED. Opinion by BELL, C.J.; DOWNING, P.J., and MITCHELL, J., concur. March 13, 2025
122,372 – Mishela Deboer and Norman Deboer, individually and as Natural Parents and Next Friends of B.D., a minor child, Plaintiffs/Appellants, v. Reasor’s, LLC, a domestic Limited Liability Company and Hollywood Continental Apts, LLC, a foreign Limited Liability Company, Defendants/Appellees, and Doris Emrick, an individual, Defendant. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Douglas E. Drummond, Trial Judge. Plaintiffs/Appellants Mishela and Norman DeBoer (Mother and Father), individually and as natural parents and next friend of their son B.D. (collectively, the DeBoers), appeal from summary judgments entered in favor of Defendants/Appellees Reasor’s, LLC (Grocery Store) and Hollywood Continental Apts, LLC (Property Owner). The DeBoers sought recovery against Grocery Store, Property Owner, and Defendant Doris Emrick (Driver) for personal injuries B.D. sustained as a result of an accident in Grocery Store’s parking lot. After de novo review, we AFFIRM the trial court. The DeBoers’ claims are barred by the statute of repose, and neither Grocery Store nor Property Owner had a duty to protect B.D. from unforeseeable harm. Opinion by MITCHELL, J.; BELL, C.J., and DOWNING, P.J., concur. March 14, 2025
Division IV
121,883 – W.C.I., L.L.C., Plaintiff/Appellant, vs. Built on the Rock Church, Richard Blankenship, Jeffrey Blankenship, Patricia Lucille Coats, Defendants/ Appellees, and Faramarz Mehdipour, d/b/a WCI, LLC, Plaintiff v. Patricia Coats, Defendant. Appeal from the District Court of Oklahoma County, Hon. Richard C. Ogden, Trial Judge. W.C.I., LLC (WCI) appeals a judgment quieting title to real properties in Built on the Rock Church entered after a bench trial, as well as the order denying its motion to modify. Based on our review of the record and applicable law, we affirm. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HIXON, V.C.J.; BARNES, P.J., and HUBER, J., concur. March 14, 2025
122,450 – Scott Gates and Dana Hartington, Plaintiffs/Appellees, vs. Oklahoma City Volkswagen, LLC, Defendant/Appellant. Appeal from the District Court of Oklahoma County, Hon. Don Andrews, Trial Judge. Oklahoma City Volkswagen, LLC (Defendant) appeals an order of the district court denying Defendant’s Motion to Compel arbitration of the claims of Plaintiffs Scott Gates and Dana Hartington (Gates, Hartington, or collectively, Plaintiffs). Defendant admits it cannot produce an arbitration agreement signed by Plaintiffs, which Plaintiffs also deny signing. Further, Defendant did not procure a transcript of the trial court’s hearing on its Motion to Compel, and we have no record of what evidence the trial court considered when it denied the Motion. We affirm the trial court’s order of denying Defendant’ Motion to Compel. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HIXON, V.C.J.; BARNES, P.J., and HUBER, J., concur. March 14, 2025
121,578 – Jim L. Roe, Shirley F. Roe, Jerry D. Bean, and Sherrie Bean, Plaintiffs/Appellants, v. Rural Water and Sewer District No. 4, Defendant/Appellee. Appeal from the District Court of Payne County, Hon. Phillip C. Corley, Trial Judge. This case arises from a dispute over the interpretation of a ground water lease executed in 1981. We agree with the district court that only one reasonable interpretation of the water lease is discernable: that the payments agreed upon by the parties, over forty years ago, are those plainly set forth in writing in the portion of the contract immediately following the phrase “in the manner and amounts hereinafter stated.” Because Plaintiffs’ breach of contract theory is based on its interpretation of the contract – an interpretation we reject – they failed to demonstrate a prima facie case for recovery and, therefore, we affirm the district court’s directed verdict as to breach of contract. We further conclude no error has been shown in the district court’s ruling that Plaintiffs failed to demonstrate a prima facie case for reformation, and we affirm the district court’s directed verdict as to reformation. We reach the same conclusion with regard to Plaintiffs’ unjust enrichment theory. Consequently, we affirm the district court’s judgment. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by BARNES, P.J.; HIXON, V.C.J., and HUBER, J., concur. March 14, 2025
120,940 – Valliance Bank, Plaintiff/Appellee, vs. Derek Mask, Defendant/Third Party Plaintiff/Appellant, and Robert M. Holbrook, Defendant/Third-Party Plaintiff, vs. Roy Oliver and Stanton Nelson, Third-Party Defendants/Appellees and Joseph Harroz Jr. and Matthew Clouse, Third-Party Defendants. Appeal from an Order of the District Court of Cleveland County, Hon. Jeff Virgin, District Judge. The appellant, Derek Mask, appeals various rulings of the court in favor of the appellees, Valliance Bank and Roy Oliver. Upon review, we find that the court properly denied Mask’s motion to vacate on the basis that the jury rendered inconsistent verdicts or that the verdicts were contrary to law, that the court did not commit any reversible errors at trial, and that the jury properly assessed damages for Oliver’s violation of the Oklahoma Securities Act. However, we find that the court improperly modified the jury’s award by including prejudgment interest that the bank sought from the jury. Accordingly, we reverse the court’s award of prejudgment interest in favor of the bank but affirm in all other respects. AFFIRMED IN PART AND REVERSED IN PART. Opinion from the Court of Civil Appeals, Division II by BLACKWELL, J.; WISEMAN, P.J., and FISCHER, J., concur. March 17, 2025
121,691 – John Michael Ireland, Plaintiff/Appellee, vs. Ray Hite, Defendant/ Appellant, and Hite Plastics, Inc., Defendant. Appeal from the District Court of Oklahoma County, Honorable Richard Ogden, Trial Judge. Defendant Ray Hite appeals a judgment entered after a jury verdict in favor of Plaintiff John Michael Ireland awarding him damages. Ray also appeals the trial court’s orders denying his motion to modify judgment, denying his motion for judgment notwithstanding the verdict, and granting Ireland’s application for attorney fees and costs. After review, we conclude the order entered after the jury verdict must be affirmed in part, reversed in part, and remanded with directions. We affirm the trial court’s orders denying Ray’s motion to modify judgment and denying his motion for judgment notwithstanding the verdict. We reverse the trial court’s decision to reduce the jury’s verdict by $40,000 and remand with directions for the trial court to award the entire $300,000 judgment against Ray. We decline to address the trial court’s order granting Ireland’s application for attorney fees and costs for the reasons explained in our Opinion. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; FISCHER, J., and BLACKWELL, J., concur. March 17, 2025
121,774 (Companion with Case No. 121,775) – William Heffron, Trustee of the William Heffron Revocable Trust dated March 27, 2002, a/k/a William Heffron Rev Trust; PARK PROP, LLC, an Oklahoma limited liability company; and William Heffron, individually, Plaintiffs/Appellants, and Park Prop, LLC-315 SERIES, an Oklahoma limited liability company and Park Prop, LLC-314 Series, an Oklahoma limited liability company, Plaintiffs, vs. Omega Investments, LLC, an Oklahoma limited liability company, Defendant/Appellee, and House Kings Home Buyers, LLC, an Oklahoma limited liability company, d/b/a House Kings, LLC; Legacy Bank; Gabriell M. Satterfield a/k/a Gabriell Mechelle Satterfield; Robert Richard Tanner Brown; Robert Tanner Brown; Jason Coty Underwood a/k/a Jason Underwood; Juan Jesus Martinez; Lincoln Title, LLC, an Oklahoma limited liability company a/k/a Lincoln Title; Anthem Property Ventures, LLC, an Oklahoma limited liability company; Zack Davis; and Park Prop, LLC-315, an Oklahoma limited liability company, Defendants. On November 20, 2023, Appellants filed both a motion to vacate an October 20, 2023 order granting summary judgment in favor of Appellee and a Petition in Error with the Oklahoma Supreme Court. The district court’s order quieted title to certain property in Appellee’s favor. Appellants failed to include any statement of the case or issues to be raised on appeal with their petition in error (and with a subsequent amended petition in error despite being ordered by the Supreme Court to do so). Appellants further failed to notify the Oklahoma Supreme Court that the district court disposed of the motion to vacate in their favor. In light of these circumstances, and our review of the record and Appellee’s Motion to Dismiss Appeal, we have determined that this appeal has been rendered moot and must be dismissed. DISMISSED. Opinion from Court of Civil Appeals, Division II by FISCHER, J.; WISEMAN, P.J., and BLACKWELL, J., concur. March 17, 2025
120,991 – Howard Payne and Sue Payne, Husband and Wife, Owners, and Christopher Ince and Racheal Ince, Tenants, Plaintiffs/Appellees, vs. J.I. Brown, LLC, Defendant/Appellant, and Gwen Witherspoon, Individually and as Trustee of The Gwen B. Witherspoon Revocable Trust Dated August 10, 1998; Farm Credit Services of East Central Oklahoma; Sammy Miller; Gila Group L.P., A Limited Partnership; David B. Taylor; Deborah Lynn Jones; Carolyn Dee Wakely; and Gloria Barbara Rowland, Defendants. Appeal from the District Court of Garvin County, Hon. Steven Kendall, Trial Judge. Defendant, J.I. Brown, LLC, (Appellant) appeals a district court order denying its application for attorney fees and costs pursuant to 27 O.S.2021 § 11(2) in this condemnation action. Without reaching the merits of this appeal, we find Appellant has failed to present an appellate record that demonstrates the district court erred. We affirm the district court’s Order on Application for Attorneys’ Fees and Costs denying Appellant’s application for fees and costs. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HUBER, J.; BARNES, P.J., and HIXON, V.C.J., concur. March 18, 2025
121,827 – State of Oklahoma, Plaintiff/Appellee, vs. Ricardo Villanueva Hernandez, Jr., Defendant, Dennis Berglan, Insurer for Bondsman/Appellant. Appeal from the District Court of Washita County, Hon. S. Brooke Gatlin, Trial Judge. Dennis Berglan, the insurer for a bondsman, appeals a district court order denying Berglan’s Motion to Set Aside Bond Forfeiture and Exonerate Bond in this bond forfeiture action. Berglan argues the court erred in failing to set aside the bond forfeiture because the court clerk mailed the Order and Judgment of Forfeiture to Advise Bail Bonds at Berglan’s address rather than to Berglan individually. We find the district court did not err in denying Berglan’s Motion to Set Aside Bond Forfeiture and Exonerate Bond. The district court’s Order Regarding Motion to Set Aside Bond Forfeiture is affirmed. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HUBER, J.; BARNES, P.J., and HIXON, V.C.J., concur. March 18, 2025