Dispositions Other Than By Published Opinion | May 14, 2025
Oklahoma Court of Civil Appeals
Division I
121,634 – Leslie Vanhoutan and Rosa Vanhoutan, husband and wife; Carl Taylor and Ina Taylor, husband and wife. Appellees/Plaintiffs, v. Reggie Welch and Karen Hatton, Appellants/Defendants/Third-Party Plaintiffs, and DarrelVanhoutan .Third-Party Defendant. Appeal from the District Court of McIntosh County, Oklahoma. Honorable Brendon Bridges, Trial Judge Defendants/Appellants, Reginald (Reggie) Welch and Karen Hatton, seek review of the McIntosh County District Court order of September 5, 2023, which quieted title for the two lots at issue in favor of Appellees/Plaintiffs, Leslie and Rosa Vanhoutan and Carl and Ina Taylor, as against the Appellants/Defendants. AFFIRMED. Opinion by GOREE, P.J.; SWINTON, J., and PRINCE, J., concur.
122,228 – In the Matter of the Trust Agreement, dated February 13, 2004, creating the Earl Dean Bach Revocable Trust, as amended and restated, Harrison Elle Yarnell, Trustee, Petitioner/Counter-Respondent/Appellee, v. Kenneth Wayne Figgeroa, individually and as administrator of the Estate of Katherine Irene Bach, Respondent/Counter-Claimant/Appellant, and Vickie Lynn Drake; Harrison Elle Yarnell; Robbie Alan Carpenter; Michael Lee Figgeroa; Courtney Brooke Carpenter; and Joel Bostick, Trust Beneficiaries. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Kurt Glassco, Trial Judge. Petitioner/Counter-Respondent/Appellee Harrison Elle Yarnell (Petitioner), as Trustee of the Earl Dean Bach Revocable Trust (Earl’s Trust), filed this action seeking to construe a provision of Earl’s Trust. Respondent/Counter-Claimant/Appellant Kenneth Wayne Figgeroa (Administrator), Individually and as Administrator of the Estate of Katherine Irene Bach (Katherine’s Estate), appeals from a certified interlocutory order denying Administrator’s motion for partial summary disposition. The material facts are undisputed. Earl’s Trust provides that upon Earl’s death, Trustee shall distribute the entire trust corpus to Earl’s wife, Katherine. However, Earl’s Trust also provides that should Katherine predecease Earl, die with him in a common disaster, “or in any event die prior to the full distribution of” the trust estate, then the trust estate shall be distributed to other named beneficiaries. Katherine died three years after Earl, but prior to full distribution of the trust estate. The trial court found that because Katherine died prior to the full distribution of Earl’s Trust estate, the corpus must be distributed to the other beneficiaries. The issue of law presented is whether Katherine had a vested right to the entire corpus because she survived Earl, or whether the gift over provision applied because Katherine died before full distribution. Our de novo review of the question of law presented shows Katherine’s interest in the entire trust corpus vested when she survived Earl. We therefore reverse and remand for further proceedings.Opinion by SWINTON, J.; GOREE, P.J., concurs and PRINCE, J., special concurring.
122,435 – Illinois River Ranch, LLC, an Oklahoma Limited liability company, Sonja Ann Beeker; Gary Evans; Herbert E. Pierce; Teresa Pierce; Shannon Schildt; Virginia Benton; Stanley Gutherie; Joanna Greenhaw; Lori Gallardo; Jason Tehee; Ruthie Tehee; Bonnie Baser; Arthur Rhodes; Alec Enriquez; Arthur Rhodes; Alex Enriquez; Kathleen Cook; Douglas Cook; Matthew McCormick; Kevin Wootenn II; Warren Goodrich; Chester Pierce; Kristen Hughes; William Green; Sandra Hunt; Brian Gaines; Paul Rhinehart; Patricia Davis; Donlad Warren; Brent Johnson; James Spurgeon; Lawrence Fox; Diane Fox; David Turner; Beverly Turner; Darren Ketcher; Charles Hart; Jennifer Hart; George Peck; Jennifer Peck; Carroll Stroup; Miguel Zelaya; Wilmon Hadley; Oil Springs Farms, LLC; Nicole Bursen; David Priest; Tracey Skocdopole-Downing; Lee Snider; Kirk Wolf; Lenvel Hale; Mike Urich; Wanda Urich; Kelly Whiteley; Raymond Thompson; Land Lions, LLC; Eric H. Shrier; Lisa L. Shrier; Lauryn Becerra; Toomas Lepik; Jeremy R. Peterson; Alan Baird; Dan Cue; Gene Boese; Ryan Ball; Denis Nuccio; Mark Myers; Dewight L. Hayward; Harold Corgill; Les Ritz; Bobby Stone; Independent Assemblies; Steve Skaggs; Craig Chiso; Robert F. Byroads; Steve Phelps; Renae Phelps; Ruby White; Donald Hardesty; Annabelle Eldridge; Leona Walker; Raymond Ehston; Ginger Shaw; Carroll McCampbell; Ervin Felker; Richard Anderson; James Guthrie; Thomas Stone; Ray Sawwvel; Bobby J. Holland; Fidel Perez; Goda Sigdel; Michael Haddix; Cecil Botts; Cynthia Botts; Donna Sasser; Neoka Andeson; Greg Peters; Christy Peters; Erin Roper; Jimmy Powell; Leo Barney; Bonnie Barney; Pamela Huffines; Ryan Kelley; Karie Kelley; Rick Marlow; Dale Kimberlin; David Anderson; Joy Weaver; Misty Marana; Luanna James; Larry Crane; Melinda Hoskins; Brandy Collins; Blaine Collins; David Lingo; Tif’Anne Sobardo; David Eldeen; Landry Cochran; Donald Dale; Dulcimar Bedingfeld; Aaron Bedingfield; Mark Upson, Trustee to Benny and Jeanelle Upson Trust; Claude E. Guy, Trustee to Marion Guy Trust; Nikki Hoffman, Trustee to Raymond Nichols Trust; Pringcat Employee Profit Sharing Plan; Michael Camp, Trustee of John M. Camp Trust; on their own behalf and of all nonstock members of the Illinois River Ranch Property Owner’s Association, Plaintiffs/Appellees, v. Brad Kenyon, Defendant/Appellant, and Illinois River Ranch Property Owner’s Association, and any unnamed successors in interest; Irr Poa Wind-up Litigation, LLC; Lazy River Properties, LLC, Hudak Brokerage & Development, LLC; HBD, LLC; Andrew Waldron; Richard Hudak; Bruce Newton; Diana Hudak; and Lora Salazar, Defendants. Appeal from the District Court of Cherokee County, Oklahoma. Honorable Josh King, Trial Judge. A temporary restraining order “ought not to have been entered,” for purposes of entitlement to attorney fees under 12 O.S. §1384.2 when the petitioner has made frivolous or meritless claims. The district court’s denial of attorney fees was not an abuse of discretion and is AFFIRMED. Opinion by GOREE, P.J.; SWINTON, J., and PRINCE, J., concur.
121,545 – In the Matter of E.N. S.N. and M.N., Alleged Deprive Children, Karen Samuel, Appellant, State of Oklahoma, Appellee. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Theresa Dreiling, Trial Judge. The termination of Appellant’s parental right is supported by clear and convincing evidence and the orders are affirmed. Opinion by GOREE, P.J.; SWINTON, J., and PRINCE, J., concur.
Division II
121,880 – Tanya Nash, Petitioner/Appellee, vs. Christopher Nash, Respondent/ Appellant. Appeal from the District Court of Oklahoma County, Honorable Lynne McGuire, Trial Judge. In this divorce action, Christopher Nash appeals from the trial court’s order denying his motion to terminate support alimony and granting his motion to modify child support based on a change in income. After review, we affirm in part, reverse in part, and remand with directions. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; FISCHER, J., concurs, and BLACKWELL, J., concurs in part and dissents in part. May 9, 2025
121,858 – Sherri Spencer, Special Administrator of the Estate of Mandy Gorsuch, Plaintiff/Appellant, vs. Blow Out Club, LLC, an Oklahoma Corporation, Defendant/Appellee, and Zachary Simmons, an individual; John Simmons, an individual; Rooster’s Hard Times Club, LLC, an Oklahoma Corporation, Defendants. Appeal from the District Court of Logan County, Hon. Louis A. Duel, Trial Judge. Plaintiff/Appellant Sherri Spencer, Special Administrator of the estate of Mandy Gorsuch, appeals from summary judgment granted to Blow Out Club, LLC. Plaintiff claims Blow Out Club negligently and recklessly sold liquor and other intoxicating beverages to Defendant Zachary Simmons, a noticeably intoxicated person, for on-premises consumption, resulting hours later in an auto-pedestrian accident that killed Gorsuch. The issue raised by this appeal is whether Blow Out Club breached its duty not to sell intoxicating beverages to a noticeably intoxicated person. Because Plaintiff’s evidence does not establish that Simmons appeared intoxicated at any time Blow Out Club provided him intoxicating beverages, Blow Out Club was entitled to judgment as a matter of law, and we affirm. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by FISCHER, J.; BARNES, P.J. (sitting by designation), and BLACKWELL, J., concur. May 12, 2025
121,082 (consolidated with Case No. 121,083) – In the Matter of E.J.W. and J.N.R., adjudicated deprived children. Carrie White, Appellant, and John Michael White Sr., Appellant, vs. State of Oklahoma, Appellee. Appeal from the District Court of Pottowatomie County, Hon. Emily J. Mueller, Trial Judge. In these consolidated appeals involving the Indian Child Welfare Act (ICWA), Carrie White (Mother) and John White (Father), appeal the district court’s decrees, entered following jury verdicts, terminating their parental rights to EJW and JNR. The scope of this Court’s review is limited by the parents’ motion for new trial and brief in chief. The district court’s decrees terminating Mother’s and Father’s parental rights are supported by clear and convincing evidence, and the record contains clear and convincing evidence that termination of parental rights was in the children’s best interest. We find no abuse of discretion or other reversible error and affirm the district court’s decrees terminating Mother’s parental rights to EJW and JNR, and Father’s parental rights to EJW. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by FISCHER, J.; WISEMAN, P.J., concurs, and BLACKWELL, J., concurs in result. May 12, 2025
Division III
122,837 – Yukon Trading Company, LLC, Plaintiff/Appellant, v. Mewbourne Oil Company, Defendant/Appellee. Appeal from the District Court of Custer County, Oklahoma. Honorable Jill Carpenter, Trial Judge. Yukon Trading Company, LLC (Owner) and Mewbourne Oil Company (Operator) are parties to a Joint Operating Agreement (JOA) for the production of oil and gas. Owner exercised its right for an audit under the JOA. Operator limited the audit rights to the time frame allowed under the JOA and Owner sued. The trial court granted partial summary judgment in favor of Operator. Based on our review of the record and applicable law, we AFFIRM. Opinion by DOWNING, P.J.; BELL, C.J., and PRINCE (sitting by designation), J., concur.
122,054 – Sequoyah Enterprises, Inc., Plaintiff/Appellee, v. Amguard Insurance Company, Defendant/Appellant. Appeal from the District Court of Sequoyah County, Oklahoma. Honorable Jeffrey J. Payton, Trial Judge. AmGUARD Insurance Company (AmGUARD) appeals from the October 6, 2023 Journal Entry of Judgment entered in favor of Sequoyah Enterprises, Inc. (Sequoyah). AmGUARD also appeals from the May 6, 2024 Journal Entry of Judgment awarding attorney fees, interests, and costs in favor of Sequoyah. Based on our review of the record and applicable law, we AFFIRM IN PART AND REVERSE IN PART. Opinion by DOWNING, P.J.; BELL, C.J., and PRINCE, J. (sitting by designation), concur.
122,767 – Everett O. Horn, Plaintiff/Appellant, v. Zeeco, Inc., Defendant/Appellee.Appeal from the District Court of Wagoner County, Oklahoma. Honorable Douglas Kirkley, Trial Judge. Plaintiff/Appellant, Everett O. Horn, Jr., brought this action for malicious prosecution against Defendant/Appellee, Zeeco, Inc. Plaintiff asserted Defendant maliciously, and without probable cause, filed a criminal complaint accusing Plaintiff of embezzlement. A detective investigated the complaint, and the district attorney filed a criminal action against Plaintiff. The criminal action was dismissed in Plaintiff’s favor at the preliminary hearing upon Plaintiff’s demurrer to the evidence. Defendant moved to dismiss the malicious prosecution action pursuant to the Oklahoma Citizens Participation Act, 12 O.S. 2021 §1430, et. seq. (OCPA), alleging Plaintiff’s lawsuit is based on, relates to, or is in response to Defendant’s exercise of its right to free speech and to petition, and Plaintiff cannot establish, with clear and specific evidence, a prima facie case for each essential element of a malicious prosecution claim. After an expedited hearing held pursuant to 12 O.S. 2021 §1433, the trial court found Plaintiff failed to meet his burden of establishing three essential elements of a malicious prosecution claim with clear and specific evidence, and the court granted Defendant’s motion to dismiss. Plaintiff filed this interlocutory appeal pursuant to 12 O.S. 2021 §1437. After de novo review, we agree with the trial court that Plaintiff failed to establish with clear and specific evidence the essential element of lack of probable cause. The absence of this element is fatal to Plaintiff’s malicious prosecution claim. The trial court’s order dismissing Plaintiff’s action pursuant to the OCPA is AFFIRMED. Opinion by BELL, C.J.; DOWNING, P.J., and PRINCE, J. (sitting by designation), concur.
Division IV
120,832 – Richard Voss, Plaintiff; Amy Voss, Plaintiff/Appellee; vs. Jacob Henderson, Individually, Defendant; GEICO Casualty Company, Defendant/Appellant. Appeal from the District Court of Oklahoma County, Hon. AletiaHaynes Timmons, Trial Judge. GEICO Casualty Company appeals the judgment resulting from the jury trial of an insurance bad faith claim. On review of the record, we find competent evidence reasonably tending to support the jury verdict, and no error of law in this matter. We affirm. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HUBER, J.; BARNES, P.J., and HIXON, V.C.J., concur. May 7, 2025
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. February 26, 2025
122,209 – Earth Research Labs, LLC, an Oklahoma limited liability company, and Rodney Alexander Topkov, Plaintiffs/Appellants, v. The State of Oklahoma ex rel. Allan Grubb, District Attorney in and for Lincoln County, Defendant/Appellee. Appeal from the District Court of Lincoln County, Hon. John G. Canavan, Trial Judge. Plaintiffs appeal from the district court’s order granting Defendant’s motion to dismiss. Although Plaintiffs requested leave to amend at the hearing on the motion to dismiss, the order of dismissal fails to address this request or state thatthe petition’s purported defects cannot be remedied. However, the order does state the petition is dismissed without prejudice, indicating the court did not intend to bar Plaintiffs from amending. Regardless, Plaintiffs remain free to reassert their request to amend. Thus, the order of dismissal is merely an interlocutory dismissal that does not have the effect of a final judgment. We dismiss this appeal as premature. APPEAL DISMISSED. Opinion from Court of Civil Appeals,Division IV, by BARNES, P.J.; HIXON, V.C.J., and HUBER, J., concur. May 9, 2025