Dispositions Other Than By Published Opinion | March 5, 2025
Oklahoma Court of Civil Appeals
Division I
121,943 – In the matter of D.K. Alleged Deprived Child. Elbert Kirby, Jr., Appellant, v. State of Oklahoma, Appellee. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Julie Doss, Trial Judge. Elbert Kirby, Jr., father of three-year-old D.K., born January 6, 2022, seeks review of the December 11, 2023 Tulsa County District Court order finding D.K. is a deprived child under the terms of 10A O.S. Supp.2009 §1-4-603. The district court found D.K. to be a deprived child based on lack of proper parental care and guardianship, abuse and neglect. The district court ordered Father to correct the deprived conditions. The court also found the deprived adjudication was in the child’s best interests and continued the child’s placement in Department of Human Services (DHS) custody. We affirm the decision of the district court. AFFIRMED. Opinion by GOREE, P.J.; SWINTON, J., and PRINCE, J., concur. Feb. 26, 2025
121,959 – Sperry Through Gathering, LLC, an Oklahoma Limited Liability Company. Plaintiff/Appellant, v. James Cowan, Payne County Assessor, Defendant/Appellee. Appeal from the District Court of Payne County, Oklahoma. Honorable Phillip C. Corley. Trial Judge. Plaintiff/Appellant, Sperry Trough Gathering, LLC (“Sperry”), appeals an Order issued by the trial court which set the value of personal property owned by Sperry for ad valorem tax purposes. The personal property owned by Sperry consisted of pipeline utilized for transporting natural gas from a limited number of wells. Sperry claims that the value chosen by the trial court is excessive and should have been based upon an actual sale of the pipeline that took place during 2018. We have reviewed the record and applicable law and find that the values chosen by the trial court are not contrary to the clear weight of the evidence. We, therefore, AFFIRM the Order. Opinion by PRINCE, J.; GOREE, P.J., concurs and SWINTON, J., dissents. March 6, 2025
122,112 – RCB Bank, Plaintiff/Appellee v. Kent D. Stitt, Kent D. Stitt, Trustee of 4652 Darlington Residential Land Trust; Kent D. Stitt, Trustee of 186th St. Land Trust #3240; 119 N. Gillette Land Trust; M Keith Stitt & Associates, Defendants/Appellants, and State of Oklahoma ex rel. Oklahoma Tax Commission, Defendant/Appellee, and Taylor D. Stitt; Darlington Park Townhomes a/ka Darlington Park Townhomes Neighborhood Association, Inc; Tulsa County Board of Commissioner; Tulsa County Treasurer; Occupants of Premises, Defendants. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Daman H. Cantrell, Trial Judge. Defendants/Appellants appeal a summary judgment in favor of RCB Bank, Plaintiff/Appellee. A mortgage lien is extinguished by the lapse of time to sue on the promissory note, which is six years. 42 O.S. §23 and 12A O.S. §3-118(a). Appellee’s action to foreclose on property was filed more than six years after default on the subject promissory notes, but the statute was renewed by 12 O.S. §101 when Appellant acknowledged liability on the notes in an agreed deficiency judgment. The judgment is affirmed. Opinion by GOREE, P.J.; SWINTON, J., concurs and PRINCE, J., dissents. March 5, 2025
Division II
121,238 – In re the Adoption of P.A.A. and I.R.A., Minor Children: Allen Lee Rush and Anna Martina Rush, Appellants, vs. Matthew Alvey, Appellee. Appeal from Order of the District Court of Cleveland County, Hon. Beth Stanley, Trial Judge. Allen Lee Rush and Anna Martina Rush (Stepfather, Mother or the Rushes) appeal the district court’s order vacating the Final Decree of Adoption of the minor children PAA and IRA by Stepfather. The children’s biological father, Matthew Alvey, filed a petition in the adoption case requesting the district court to set aside the relinquishment of rights and consent to adoption document he executed, on grounds of fraud and duress, and to vacate the adoption decree or in the alternative grant a new trial. The Rushes asserted that Alvey’s attack on the adoption decree was untimely and barred by the Oklahoma Adoption Code, 10 O.S.2021 §§ 7503-2.7(B)(3) and 7505-7.2(A)(2), because he filed his petition to vacate more than three months after entry of the decree. The district court found the consent document invalid as a matter of law, because Alvey executed it extrajudicially, and vacated the adoption pursuant to 12 O.S.2021 § 1031(3) for “irregularity in obtaining a judgment or order.” Vacation of the Final Decree of Adoption, solely on that ground, is unavailable. Alvey’s claims of fraud and duress fail as a matter of law. Therefore, we reverse the district court’s order. REVERSED. Opinion from Court of Civil Appeals, Division II by FISCHER, J.; WISEMAN, P.J., and BLACKWELL, J., concur. Feb. 28, 2025
121,568 – In re the Marriage of: Claude W. Henderson, Petitioner/Appellee, vs. Deanna I. Henderson, Respondent/Appellant. Appeal from the District Court of Pottawatomie County, Honorable Tracy McDaniel, Trial Judge. In this divorce action, Deanna I. Henderson (Wife) appeals from the trial court decree dividing marital property. We are asked to review whether the trial court abused its discretion in its property division. We reverse the trial court’s decision regarding property division and remand with directions as set forth in our Opinion. Because this issue is dispositive and the property division is reversed, we are unable to address Wife’s argument regarding the award of alimony in lieu of property division. REVERSED AND REMANDED WITH DIRECTIONS. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; FISCHER, J., concurs, and BLACKWELL, J., dissents. Feb. 28, 2025
121,685 – Michelle T. Buda, Petioner/Appellee, vs. Justin A. Buda, Respondent/Appellant. Appeal from an Order of the District Court of Oklahoma County, Hon. Barry L. Hafar, Special Judge. Justin A. Buda appeals several aspects of the property division contained in the decree of divorce entered by the district court. On review, we find no error and thereby affirm. AFFIRMED. Opinion from the Court of Civil Appeals, Division II by BLACKWELL, J.; WISEMAN, P.J., and FISCHER, J., concur. March 3, 2025
122,164 – Kevin Laroy Power, Petitioner, vs. Flow Testing Inc. and CompSource Mutual Ins. Co., Respondents. Appeal from an Order The Workers’ Compensation Commission. Kevin L. Power appeals a decision of the Workers’ Compensation Commission finding that Mr. Power failed to establish that he sustained a compensable injury to his neck in an accident that occurred while working for the respondent, Flow Testing Inc. Upon review, we find that the Commission’s decision was not clearly erroneous and was supported by reliable, material, probative, and substantial competent evidence and thereby affirm. AFFIRMED. Opinion from the Court of Civil Appeals, Division II by BLACKWELL, J.; WISEMAN, P.J., and FISCHER, J., concur. March 3, 2025
Division III
Division IV
120,933 – Baltazar Ramirez, Maria De Jesus Martinez and Esmeralda Hernandez, Plaintiffs/Appellees, vs. Shadid Dorthy’s Living Trust, and Phillip Shadid as agent for the Shadid Dorthy’s Living Trust, Defendants/Appellants. Appeal from the District Court of Oklahoma County, Hon. Aletia Haynes Timmons, Trial Judge. Defendants Shadid’s Living Trust (Trust) and Phillip Shadid (Shadid) appeal an order of the district court disqualifying their counsel, James S. Matthews, Jr. (Matthews), from representing either party in the underlying action. Trust and Shadid’s interests as Defendants are adverse to one another. Matthews’ representation of both is a conflict of interest under Oklahoma Rule of Professional Conduct 1.7 which threatens the integrity of the judicial process and will work real harm to the litigants. The trial court’s order is affirmed. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HIXON, V.C.J.; BARNES, P.J., and HUBER, J., concur. Feb. 26, 2025
122,102 – Bishop Malsolm W. Coby, Sr., PHD, on behalf of The Greater Gospel Kingdom Church of God in Christ, Inc. and Elder Hamilton B. Ware, formerly Pastor Emeritus, now reactiviated Pastor Greater Gospel Kingdon Church of God in Christ, Inc., Plaintiffs/Appellees, vs. Ricky T.L. Hunt, Sr. and Dominion & Glory International Ministries, Inc., Defendants/Appellants. Appeal from the District Court of Oklahoma County, Honorable Sheila Stinson, District Judge. Pastor Rickey T.L. Hunt, Sr., and Dominion & Glory International Ministries, Inc., appeal the summary judgment of the district court determining that the insurance proceeds resulting from a church roof collapse are the property of the Greater Gospel Kingdom Church of God in Christ, Inc., an affiliate of the assembly of Churches of God in Christ and not Dominion & Glory. On review, we affirm the decision of the district court. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by BLACKWELL, J.; WISEMAN, P.J., and FISCHER, J., concur. Feb. 26, 2025
121,505 – In the Matter of the Estate of Robert Bodnar, Deceased: Patrick R. Bodnar, Appellant, vs. Bina Islam, Appellee. Appeal from an Order of the District Court of Oklahoma County, Hon. Thomas Riesen, Special Judge. Patrick Bodnar, son of the deceased, Robert Bodnar, appeals the court’s decision that Robert and appellee, Bina Islam, were parties to a common-law marriage. Upon review, we find that Bina did not produce clear and convincing evidence of a common-law marriage to Robert and thereby reverse. REVERSED. Opinion from the Court of Civil Appeals, Division IV by BLACKWELL, J.; WISEMAN, P.J., and FISCHER, J., concur. Feb. 28, 2025
121,029 – In re the Marriage of: Katie L. Frost, Petitioner/Appellee, vs. Nick Frost, Respondent/Appellant. Appeal from the District Court of PottawatomieCounty, Hon. Emily Mueller, Trial Judge. Nick Frost (Husband) appeals the trial court’s decree of dissolution of marriage. Katie L. Frost (Wife) counter-appeals. The primary issues are whether the trial court erred in its division of certain marital property and by failing to make certain findings. Based on our review of the record and applicable law, we reverse the portions of the decree pertaining to the division of the marital residence, business, and Lake property but affirm the portion of the decree pertaining to Husband’s retirement account. We remand this matter with instructions to the trial court to proceed in a manner consistent with this Opinion. AFFIRMED IN PART, REVERSED IN PART AND REMANDED WITH INSTRUCTIONS. Opinion from Court of Civil Appeals, Division IV, by HIXON, V.C.J.; BARNES, P.J., and HUBER, J., concur. March 4, 2025