Dispositions Other Than By Published Opinion | May 11, 2022
Oklahoma Court of Civil Appeals
Division I
Division II
118,841 – In re the Marriage of: Gene Bixler, Petitioner/Appellant, vs. Kimberly Fassnact-Bixler, Respondent/Appellee. Appeal from an Order of the District Court of Payne County, Hon. Sephen R. Kistler, Trial Judge. Gene Bixler appeals several parts of a divorce decree entered between him and his now ex-wife, Kimberly Fassnacht. On review, we find no error in the district court’s decisions regarding support alimony, the distribution of funds from the sale of the family home, or the distribution of a Fidelity investment account, and therefore affirm the trial court as to those issues. We find, however, that the court erred in declaring Mr. Bixler’s Unum disability policy as marital property and reverse that decision and remand for further proceedings. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Opinion from the Court of Civil Appeals, Division II by BLACKWELL, J.; WISEMAN, P.J., and RAPP, J., concur. May 6, 2022
119,879 – Mike Lee Castanon, Elite Oilfield Services, LLC, Plaintiffs/Appellants, vs. The Oklahoma Horse Racing Commission, Defendant/Appellee, and Kelly Cathey, an individual; Mike Cory, an individual; Richard Bickle, an individual; David Moore, an individual; and Debbie Schauf, an individual, Defendants. Appeal from an Order of the District Court of Oklahoma County, Hon. Cindy H. Truong, Trial Judge. The plaintiffs, Mike Lee Castanon and Elite Oilfield Services, LLC, appeal the trial court’s order dismissing their action against the defendant, Oklahoma Horse Racing Commission. This Court has examined the Record and finds that the Governmental Tort Claims Act does not provide immunity for Plaintiffs’ claims. The trial court’s Journal Entry dismissing Plaintiffs’ action for failure to state a claim is reversed and this matter is remanded for further proceedings. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS. Opinion from Court of Civil Appeals, Division II, RAPP, J.; WISEMAN, P.J., concurs, and BLACKWELL, J., dissents. May 6, 2022
119,365 — Ashley Renee Harmon, Petitioner/Appellee/Counter-Appellant, vs. Therone Trent Alexander, Defendant/Appellant/Counter-Appellee. Appeal from an order of the District Court of Canadian County, Hon. Charles Gass, Trial Judge. Therone Trent Alexander appeals the trial court’s order denying his motion to vacate a final protective order and his motion for new trial. We are asked to determine whether the trial court abused its discretion in denying these motions. Ashley Renee Harmon appeals the trial court’s decision awarding attorney fees. Alexander asserts that the trial court erred when it failed to (1) require Harmon to file a verified petition and summons as required by 12 O.S. § 1031.1; (2) require Harmon to proceed by summons pursuant to 12 O.S. § 2005(A)(1); (3) follow the Protection from Domestic Abuse Act; and (4) allow him to respond before issuing the emergency protective order. Harmon claims trial court error in failing to award her substantially all of her attorney fees pertaining to the change of venue. After review, for the reasons discussed in our Opinion, we conclude it was an abuse of discretion to deny Harmon’s motion to vacate and/or motion for new trial, requiring reversal. Based on that conclusion, the order awarding attorney fees to Harmon must also be reversed. REVERSED. Opinion from the Court of Civil Appeals, Division II, by WISEMAN, P.J.; RAPP, J., and BLACKWELL, J., concur. May 9, 2022
Division III
119,605 – In The Matter of the Marriage of McNeill: Vanessa Cecelia McNeill, Petitioner/Appellee, v. Michael Brett McNeill, Respondent/Appellant. Appellant/Respondent Michael Brett McNeill appeals from the trial court’s divorce decree awarding custody and support alimony to Appellee/Petitioner Vanessa Cecelia McNeill. Both parties sought custody and Appellant, alternatively requested joint custody. On appeal, Appellant claims the court erred by failing to interview the minor children then awarding custody to Appellee, and by awarding support alimony to Appellee. As allowed by 43 O.S. 2011 §113, the trial court made a finding that an in camera interview would not serve the children’s best interests. No error is shown there. Appellant also contends it was error for the trial court not to grant him a continuance when support alimony was raised for the first time at the pretrial conference. Father’s request for a continuance, however, did not come until the end of the trial and no abuse of discretion is shown in the denial of that relief. The award of custody and support alimony are not against the clear weight of the evidence or an abuse of discretion. Opinion by MITCHELL, V.C.J.; PRINCE, P.J., and SWINTON, J., CONCUR. – May 6, 2022
120,268 – City of Tulsa, an Oklahoma Municipal Corporation, Plaintiff/Appellee, v. International Association of Firefighters, Local 176, Defendant/Appellant. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Caroline Wall, Trial Judge. This is an accelerated review of a dispute between the City of Tulsa and the International Association of Firefighters, Local 176. The IAFF filed a grievance on behalf of an individual firefighter and sought resolution through arbitration. The City filed this action to obtain a temporary restraining order and injunctive relief to bar the IAFF from prosecuting the grievance through arbitration. The trial court granted summary judgment in favor of the City and permanently enjoined the IAFF from arbitrating this grievance. We AFFIRM. Opinion by PRINCE, P.J.; MITCHELL, V.C.J., and SWINTON, J., CONCUR. May 6, 2022
Division IV
119,230 — Taby Investments, LLC; Heath Hairell; Raymond Lough; Lanny Nash; Katherine S. Winslow, Trustee of the Winslow Living Trust dated November 14, 2014; John Kitchen and Richard Kitchen, Co-Trustees of the JoAnn Kitchen Living Trust dated March 19, 2014; Jason Franks; D. Brent Franks and Stacey Franks, husband and wife, Plaintiffs/Appellees, vs. Ray Kindred and Kathie Kindred, Defendants/Appellants. Appeal from an Order of the District Court of Pushmataha County, Hon. Michael D. Deberry, Trial Judge. Defendants Ray and Kathie Kindred appeal an order confirming the Commissioners’ Report and denying their exceptions. Based on the record before the Court, we find there is evidence to support the trial court’s findings as to the reasonable necessity of the scope of the easement granted Plaintiffs. It is clear the court considered the evidence presented as well as the practical and unworkable implications of a conditional easement in confirming the Commissioners’ Report. The trial court’s order confirming the Commissioners’ Report and denying Defendants’ exceptions is therefore affirmed. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HIXON, J.; FISCHER, C.J., and BARNES, P.J., concur. May 6, 2022
117,728 – State of Oklahoma, ex rel., John D. Doak, Insurance Commissioner, as Receiver for Driver’s Insurance Company, in Liquidation, Plaintiff/Appellant, vs. PC Processing, Inc. and Alex Campos, Defendants/Appellees, and Carlos Lidsky, John Ratzel, Dean White, David Counts, Ricardo Verges, Grant Buchanan, Fred Kohm, and Grant Thornton, LLP, Defendants. Appeal from an Order of the District Court of Oklahoma County, Hon. Richard C. Ogden, Trial Judge. This matter is before this Court on remand from the Oklahoma Supreme Court. The issue presented on remand is straightforward: Did the trial court err in finding it did not have personal jurisdiction over non-resident defendants, PC Processing and Campos? After a review of the appellate record and applicable law, this Court finds the trial court did not err in sustaining the Motions to Dismiss of defendants, Alex Campos and PC Processing, on personal jurisdiction grounds. The trial court’s decision is affirmed. AFFIRMED. Opinion from the Court of Civil Appeals, Division IV by RAPP, J.; WISEMAN, P.J., and BARNES, J., concur. May 9, 2022