Dispositions Other Than By Published Opinion | May 21, 2025
Oklahoma Court of Civil Appeals
Division I
122,141 (Comp. w/122,142) – Sharon Thomas, individually and as surviving spouse of Mike Thomas, deceased, Plaintiff/Appellant, vs. St. Francis Hospital south, LLC, a Domestic Limited Liability Corporation, David Joseph Polizzi, M.D., an individual and Temitayo BolanleOyekan, D.O., an individual, Defendants/Appellees, and Stephen Dixon, D.O., an individual and Charles Allen Rodman, IV, D.O., an individual, Defendants. Appeal from the District Court of TulsaCounty, Oklahoma. Honorable Rebecca B. Nightingale, Trial Judge. This appeal arises in the context of a Motion to Disqualify Plaintiff’s counsel. Plaintiff/Appellant, Sharon Thomas, individually and as surviving spouse of Mike Thomas, deceased, appeals the trial court’s order Granting Motion to Disqualify Plaintiff’s Counsel. Defendants/Appellees, St. Francis Hospital South, LLC, David Joseph Polizzi, M.D., and Temitayo Bolanle Oyekan, D.O. (collectively “SFHS”), filed the Motion to Disqualify the law firm hired by Ms. Thomas (“The Smolen Law Firm”) pursuant to Rules 1.9 and 1.10 of the Oklahoma Rules of Professional Conduct, because an attorney who formerly represented SFHS in this matterswitched law firms and joined the Smolen Law Firm. The trial court conducted a hearing and thereafter entered an Order disqualifying the Smolen Law Firm. We find that, under the facts of this case, the screening mechanisms provided in the Oklahoma Rules of Professional Conduct do not apply. Having reviewed the record and applicable law, we find that the Order of the trial court disqualifying the Smolen Law Firm from representing Ms. Thomas should be AFFIRMED. Opinion by PRINCE, J.; SWINTON, J., CONCURS and DOWNING, P.J., (sitting by designation),CONCURS SPECIALLY.
122,142 (Comp. w/122,141) – Kaycee Lynn Johnson, An individual, Plaintiff/Appellant, vs. Saint Francis Hospital, Inc., a domestic not-for-profit corporation; Andrew Mills, M.D., an individual, Defendants/Appellees., and Marisela Gonzalez-Mercado, M.D., an individual, AHS Hillcrest Medical Center, LLC, d/b/a Oklahoma Heart Institute, d/b/a Kaiser Rehabilitation Center, a foreign limited corporation, and Integris Baptist Medical Center, Inc., a domestic not-for-profit corporation, Defendants. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Rebecca B. Nightingale, Trial Judge. This appeal arises in the context of a Motion to Disqualify Plaintiff’s counsel. Plaintiff/Appellant, Kaycee Lynn Johnson, appeals the trial court’s Order Granting Motion to Disqualify Plaintiff’s Counsel. Defendants/Appellees, St. Francis Hospital, Inc., and Andrew Mills, M.D., (collectively “SFH”), filed the Motion to Disqualify the law firm hired by Ms. Johnson (“The Smolen Law Firm”) pursuant to Rules 1.9 and 1.10 of the Oklahoma Rules of Professional Conduct because an attorney who formerly represented SFH in this matter switched law firms and joined the Smolen Law Firm. The trial court conducted a hearing and thereafter entered an Order disqualifying the Smolen Law Firm. We find that, under the facts of this case, the screening mechanisms provided in the Oklahoma Rules of Professional Conduct do not apply. Having reviewed the record and applicable law, we find that the Order of the trial court disqualifying the Smolen Law Firm from representing Ms. Johnson should be AFFIRMED. Opinion by PRINCE, J.; SWINTON, J., CONCURS and DOWNING, P.J., (sitting by designation), CONCURS SPECIALLY.
122,430 – Gabriel Parnell, Petitioner/Appellant, v. Kori Davenport, Respondent/Appellee. Appeal from the District Court of Creek County, Oklahoma. Honorable Linda Farris, Trial Judge. Gabriel Parnell (Plaintiff/Appellant) has appealed the trial court’s August 5, 2024 Order granting Kori Davenport’s (Defendant/Appellee) Motion to Modify Custody and Visitation. Mr. Parnell has alleged the trial court deprived him of procedural due process during the custody modification proceedings. Based upon our review of the record on appeal and applicable legal authority, we find no error in the trial court’s Order, and it is, accordingly, AFFIRMED. Opinion by PRINCE, J.; GOREE, P.J., and SWINTON, J., concur.
Division II
Division III
Division IV
122,065 – Randal D. Capps, Petitioner/Appellant, vs. Levi Marie Forbes, Respondent/Appellee. Appeal from the District Court of Oklahoma County, Honorable Barry L. Hafar, Trial Judge. Petitioner Randal D. Capps (Capps) appeals a trial court order denying his Petition for Visitation with the minor child of former girlfriend, Levi Marie Forbes (Mother). Capps is not the biological father of the minor child and has no recognized legal right to seek visitation with the child. We affirm the trial court’s order denying visitation. Capps also appeals an order of the trial court granting Mother attorney’s fees incurred in defending against Capps’ Petition. Capps provides no transcript or narrative statement of the hearing on Mother’s request for fees. We presume the trial court’s award of fees is correct and affirm the court’s order. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HIXON, V.C.J.; BARNES, P.J., and HUBER, J., concur. May 14, 2025
122,074 — Bethany Import Salvage & Paul Harris, Plaintiffs/Appellees, vs. Brenda Cudjoe, Defendant/Appellant. Appeal from the District Court of ClevelandCounty, Honorable Corey Ortega, Trial Judge. Defendant Brenda Cudjoe appeals the trial court’s Judgment entered in this small claims action in favor of Plaintiff, Bethany Import Salvage and Paul Harris. Based on our review of the record and applicable law, we affirm the trial court’s judgment. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HIXON, V.C.J.; BARNES, P.J., and HUBER, J., concur. May 15, 2025