Dispositions Other Than By Published Opinion | May 22, 2024

Oklahoma Court of Civil Appeals

Division I


Division II

121,402 – In the Matter of A.L.M., A.M., Z.M.M. and Z.L.M., Alleged Deprived Children, Alfonzo Lanell McIntosh, Appellant, vs. State of Oklahoma, Appellee.  Appeal from the District Court of Oklahoma County, Hon. Lydia Y. Green, Trial Judge.  Alfonzo Lanell McIntosh (Father) appeals a trial court order on jury verdict terminating his parental rights to his four children, ALM, AM, ZMM, and ZLM.  We are asked to review whether the trial court’s order of termination was deficient, whether the State of Oklahoma proved at least one statutory ground for termination for each child by clear and convincing evidence and that termination of Father’s parental rights was in the children’s best interests, and whether the trial court erred in admitting certain evidence or in instructing the jury. We see no basis to reverse the trial court’s decisions on any of Father’s propositions of error, and we affirm the trial court’s order.  AFFIRMED. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; BARNES, C.J., and FISCHER, J., concur. May 15, 2024


Division III


Division IV

120,862 – Ana Chavez Maendele and Dakota Wolfskill, individually and on behalf of all similarly situated persons, Plaintiffs/Appellants, vs. North Oklahoma County Mental Health Center, d/b/a Northcare, Defendant/Appellee.  Appeal from the District Court of Oklahoma County, Hon. Sheila Stinson, Trial Judge.  Ana Chavez Maendele and Dakota Wolfskill, individually and on behalf of all similarly situated persons (collectively, Plaintiffs), appeal the trial court’s order dismissing their amended petition with prejudice for lack of standing.  While North Oklahoma County Mental Health Center, d/b/a NorthCare (NorthCare) disputes Plaintiffs’ allegations, we must for the purpose of the motion to dismiss, accept Plaintiffs’ allegations as true.  Accordingly, construing the amended petition in Plaintiffs’ favor and taking all the allegations as true, as the Court must, Plaintiffs’ general allegations of harm or injury resulting from the data breach of NorthCare’s system constitute minimally sufficient allegations to establish standing under the standard for a motion a dismiss.  The trial court’s order dismissing Plaintiffs’ amended petition with prejudice for lack of standing is reversed, and the matter remanded for further proceedings.  REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.  Opinion from Court of Civil Appeals, Division IV, by HUBER, P.J.; HIXON, J., and BLACKWELL, J., concur. May 16, 2024