Dispositions Other Than By Published Opinion | March 27, 2024
Oklahoma Court of Civil Appeals
Division I
121,110 – In Re the Marriage of Erin Christine Sampson, Petitioner/Appellee, v. Jeremiah Delano Sampson, Respondent/Appellant. Appeal from the District Court of Wagoner County, Oklahoma. Honorable John Luton, Trial Judge. Respondent/Appellant Jeremiah Delano Sampson (Husband) appeals from a decree of divorce and dissolution of marriage between Husband and Petitioner/Appellee Erin Christine Sampson (Wife). Husband challenges the trial court’s award of child support and property as well as several alleged procedural issues in the proceedings. We affirm. Opinion by SWINTON, P.J.; BELL, V.C.J., and PRINCE, J., concur. March 20, 2024
121,646 – David R. Cunningham and Brenda K. Cunningham, Husband and Wife, Plaintiffs/Appellants, v. Joshua R. Cunningham and Teresa M. Cunningham, Husband and Wife, Defendant/Appellees. Appeal from the District Court of Adair County, Oklahoma. Honorable Elizabeth Brown, Trial Judge. Plaintiffs/Appellants David R. and Brenda K. Cunningham (Lenders) appeal the trial court’s order dismissing with prejudice their petition against Defendants/Appellees Joshua R. and Teresa M. Cunningham (Borrowers). Lenders sued Borrowers to recover a debt. Borrowers responded that the debt had been discharged and Lenders’ mortgage lien had been released. Lenders alleged Borrowers failed to give them notice of bankruptcy and fraudulently filed a mortgage release. Taking the allegations in the light most favorable to Lenders, we find the trial court erred in dismissing their claims with prejudice. Because Borrowers alleged Lenders had failed to state a claim and the trial court considered evidentiary materials before entering its order, the dismissal is treated as a summary judgment. The record shows a dispute of fact on the validity and effectiveness of the mortgage Release. We therefore reverse and remand for further proceedings. Opinion by SWINTON, P.J.; BELL, V.C.J., PRINCE, J., concur. March 20, 2024
Division II
120,438 – Kendal Stephens and Kristal Stephens, Plaintiffs/Appellees, vs. Freddy McCoy, Defendant/Appellant. Appeal from Order of the District Court of Woodward County, Hon. Aric. A. Alley, trial judge. Appellant Freddy McCoy appeals the district court order denying his motion for new trial and motion to vacate following default judgment in favor of Appellees. McCoy failed to provide a record demonstrating error by the district court. As such, we find no abuse of discretion in the district court’s denial of the motion for new trial and motion to vacate. The order of the district court is affirmed. AFFIRMED. Opinion from the Court of Civil Appeals, Division II, by FISCHER, J., WISEMAN, P.J., and BARNES, C.J., concur. March 22, 2024
Division III
Division IV
121,095 – Eckard Land & Acquisition, LLC, Plaintiff/Appellant, vs. Sagacity, Inc., John R. Dial, Jr., Individually and as Administrator of the Estate of Virginia Thellys Dial, Deceased, Defendants/Appellees. Appeal from the District Court of Johnston County, Hon. Laura Corbin, Trial Judge. Plaintiff, Eckard Land & Acquisition, LLC, (Eckard) appeals a district court order denying its request for attorney’s fees and costs pursuant to the Nonjudicial Marketable Title Procedures Act, 12 O.S.2021, §§ 1141.1 – 1141.5, particularly Section 1141.5(A). Upon a thorough review of the record and applicable law, we conclude that the district court’s Order Denying Plaintiff’s Motion to Determine and Award Attorney’s Fees, Expert Witness Fees, and Damages is correct and adequately explains the decision. We therefore affirm the order by summary opinion pursuant to Oklahoma Supreme Court Rule 1.202(d), 12 O.S.2021, Ch. 15, app. 1. AFFIRMED UNDER SUPREME COURT RULE 1.202(d). Opinion from Court of Civil Appeals, Division IV, by HUBER, P.J.; HIXON, J., and BLACKWELL, J., concur. March 21, 2024
121,570 – Barbara Hiss, Plaintiff/Appellee, vs. Bill Maclean aka William Maclean, Defendant/Appellant, and Lobo Tejas Ministries, a 508 religious organization and The Origin of Love, Truth and Health, a corporation sole, a non-profit corporation, Defendants. Defendant, Bill Maclean, appeals the court’s order granting summary judgment in favor of plaintiff, Barbara Hiss. Upon review, we hold that the trial court was correct in granting summary judgment and thereby affirm. AFFIRMED. Opinion from the Court of Civil Appeals, Division IV by BLACKWELL, J.; HUBER, P.J., and HIXON, J., concur. March 21, 2024
120,907 — Charley Macy and Charley’s Trucking, LLC, Plaintiffs/Appellants, vs. Nicholas Martinez Lopez, Defendant/Appellee. Appeal from the District Court of Oklahoma County, Hon. Anthony L. Bonner, Jr., Trial Judge. Charley Macy and Charley’s Trucking, LLC (Plaintiff) appeals the trial court’s order denying a motion to determine and enforce settlement, as well as the subsequent denial of a motion for reconsideration. Based on our de novo review of the record, we find disputed issues of fact exist. Accordingly, the trial court’s order denying Plaintiff’s motion to determine and enforce settlement, as well as the order denying his motion for reconsideration, are affirmed. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HIXON, J.; HUBER, P.J., and BLACKWELL, J., concur. March 25, 2024
120,870 — Joscelyn Kierra Alves, Plaintiff/Appellant, vs. Brian Alan Balck, Defendant/Appellee. Appeal from the District Court of Murray County, Hon. Aaron Duck, Trial Judge. Joscelyn Kierra Alves (Plaintiff) appeals the trial court’s order denying her motion for new trial after a jury entered a verdict in favor of Brian Alan Balck in this case involving a vehicle collision. The primary issues on appeal involve the trial court’s denial of Plaintiff’s request for a new trial based on the court’s decision not to grant her a directed verdict, along with alleged evidentiary errors and other issues. Based on our review of the record and applicable law, we affirm the order denying the motion for new trial. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HIXON, J.; HUBER, P.J., and BLACKWELL, J., concur. March 26, 2024