Dispositions Other Than By Published Opinion | May 17, 2023
Oklahoma Court of Civil Appeals
Division I
Division II
119,919 — One Main Financial Group, LLC, Successor by Merger to Onemain Financial Services, Inc., Plaintiff/Appellee, vs. Ben Strickland, Defendant/ Appellant. Appeal from the District Court of Oklahoma County, Hon. April D. Collins, Trial Judge. Ben L. Strickland (Strickland) appeals an order denying his motion to vacate a previous order granting OneMain Financial Group, LLC, Successor by Merger to OneMain Financial Group, Inc., summary adjudication. Based on our review of the law and applicable facts, we conclude the trial court did not abuse its discretion in denying Strickland’s motion to vacate. We therefore affirm the order under review. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by HIXON, J.; BARNES, V.C.J., and WISEMAN, P.J., concur. May 10, 2023
Division III
120,957 – Christopher Ince and Rachel Ince, Plaintiffs/Appellees, v. Gwen Witherspoon, individually and as Trustee of the Gwen B. Witherspoon Revocable Trust dated August 10, 1998; J.I. Brown, LLC; and the Board of County Commissioners of Garvin County, Oklahoma, Defendants/Appellants. Appeal from the District Court of Garvin County, Oklahoma. Honorable Steven Kendall, Trial Judge. Defendants/Appellants, Gwen Witherspoon, individually and as Trustee of the Gwen B. Witherspoon Revocable Trust dated August 10, 1998, J.I. Brown, LLC, and The Board of County Commissioners of Garvin County, Oklahoma, separately appeal from the district court’s judgment holding Plaintiffs/Appellees, Christopher Ince and Rachael Ince, are entitled to free use of the east/west section line between Sections 9 and 16, Township 4 North, Range 3 West, Garvin County, Oklahoma, for ingress and egress to their lands in the Southeast Quarter of the Southwest Quarter (SE/4 SW/4) of Section 9, Township 4 North, Range 3 West, Garvin County Oklahoma. Defendant Witherspoon owns property in Section 9, Township 4 North, Range 3 West, Garvin County. Defendant J.I. Brown, LLC owns property in Section 16, Township 4 North, Range 3 West. Plaintiffs filed this action against Defendants pursuant to 69 O.S. 2021 §1201, seeking a court order permitting them to open the east/west section line that runs between Sections 9 and 16 for their private use. Based on our de novo review of the record and applicable law, we cannot find the district court held against the clear weight of the evidence or in a manner that is contrary to law or established principles of equity. The district court’s judgment is affirmed. However, the district court’s judgment is modified to order that Plaintiffs are to bear the all the costs and expenses related to the improvement of the section line for ingress and egress and to pay for any damage to existing improvements upon the section line. The district court’s judgment is further modified to state the metes and bounds legal description of the improvement. This matter is REMANDED to the district court to enter a judgment consistent with this opinion. Opinion by BELL, J.; MITCHELL, C.J., concurs, and PRINCE, P.J., concurs in result. May 12, 2023
Division IV