Dispositions Other Than By Published Opinion | May 6, 2026
Oklahoma Court of Civil Appeals
Division I
Division II
123,491 – Michael Clayborne, as Special Administrator of the Estate of Marcus Clayborne, Plaintiff/Appellant, vs. OU Medicine, Inc., d/b/a OU Medical Center, Mary Margaret Brandt, M.D., Defendants, and Crothall Healthcare, Inc., Defendant/ Appellee. Appeal from the District Court of Oklahoma County, Hon. Sheila D. Stinson, Trial Judge. Michael Clayborne, as Special Administrator of Marcus Clayborne’s estate, appeals the district court’s Order granting Crothall Healthcare, Inc.’s motion for summary judgment finding that Crothall owed no duty to decedent and was not the proximate cause of decedent’s death. Based on our review of the record and applicable law, we reverse and remand for further proceedings. REVERSED AND REMANDED FOR FURTHE RPROCEEDINGS. Opinion from Court of Civil Appeals, Division II, by HIXON, C.J.; WISEMAN, P.J., and FISCHER, J., concur. May 1, 2026
122,226 – The Homeowners’ Association of the Vintage Garden Homes II and III, Inc., and Sheriff Tommy Johnson, Plaintiffs/Appellees, vs. Hope Wagner, a/k/a Hope Wagner-Nubine, Defendant/Appellant. Appeal from the District Court of Oklahoma County, Honorable Aletia Timmons, Trial Judge. Hope Wagner appeals an order confirming a sheriff’s sale and disbursing sales proceeds in this action for foreclosure of an assessment lien. After review, we find Wagner failed to demonstrate any trial court error or abuse of discretion in confirming the sheriff’s sale and we affirm the order. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; HIXON, C.J., and FISCHER, J., concur. May 5, 2026
123,170 – In the Matter of Z.M., Alleged Deprived Child, Dasheona Mason, Appellant, vs. State of Oklahoma, Appellee. Appeal from the District Court of Oklahoma County, Hon. Kevin McCray, Trial Judge. Dasheona Mason (Mother) appeals the trial court’s Order Terminating Parental Rights as to the minor child, Z.M. Mother proposes on appeal that the Order was legally deficient and that State failed to demonstrate through clear and convincing evidence that termination was in the child’s best interests. Based on our review of the record and applicable law, we affirm the trial court’s order. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by HIXON, C.J.; WISEMAN, P.J., and FISCHER, J., concur. May 5, 2026
Division III
122,851 – Shawn Reed, Plaintiff/Appellant, v. Stacy Cornelius, now Hayes, Defendant/Appellee. Appeal from the District Court of Pottawatomie County, Oklahoma. Honorable Louis A. Duel, Trial Judge. Plaintiff/Appellant, Shawn Reed (“Father”), sought sole custody of M.N.R. (“Child”), a female child, but the trial court held that he failed to satisfy the standard for modification of child custody set forth in Gibbons v. Gibbons, 1968 OK 77, 442 P.2d 482. The trial court also ordered Father to pay child support to the Defendant/Appellee, Stacy Cornelius, now Hayes (“Mother”). Father asserts that the trial court deprived him of due process by not granting a new trial when audio recordings of the proceedings could not be transcribed and by admitting into evidence a report by the Guardian Ad Litem (“GAL”) when it allegedly was not presented in sufficient time for him to prepare for trial. Father also contends that it was error for the trial court to enter a child support order without first notifying the Department of Human Services (“DHS”), that it was error to retroactively modify child support, and that it was error for the trial court to continue to restrict him to supervised visitation. We find that there was no error and AFFIRM. Opinion by PRINCE, V.C.J.; DOWNING, P.J., and MITCHELL, J., concur. April 29, 2026
122,990 – In the Matter of The Estate of Lowetta Samuels, Deceased, Dwain Samuels, Petitioner/Appellant, v. Darin Samuels and Sharon Samuels, Movants/Appellees. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Kurt G. Glassco, Trial Judge. Petitioner/Appellant, Jerry Dwain Samuels, appeals an interlocutory order entered in an action he commenced to probate the estate of his deceased mother, Lowetta Samuels. Dwain’s brother, Darin Samuels and Darin’s wife, Sharon Samuels, filed a Motion to Determine Estate Property and Rights with Respect to Any Such Property in the probate action. Darin and Sharon alleged that Dwain has no rights with respect to the disputed property as a result of a Settlement Agreement reached by the Parties in prior litigation involving an attempt by Dwain to have deeds that were executed by Dwain and Darin’s father, Jerry Samuels, declared void. The trial court, relying on the terms of the Settlement Agreement, determined that the property passed outside the probate estate. Dwain appeals that ruling. We have reviewed the record and law and find that the Order of the trial court should be reversed, in part, because some of the tracts of real property at issue here were owned by Lowetta with Jerry as a tenant in common when she passed away and there is no evidence demonstrating that she ever transferred her interest in that property. We, therefore, reverse the determination that the Subject Property was outside of the probate estate. On the other hand, we find that, to the extent it held that Dwain has no right to inherit the Subject Property from Lowetta’s estate, we affirm the trial court. We, therefore, AFFIRM, IN PART, REVERSE, IN PART AND REMAND the case to the trial court for further proceedings consistent with this Opinion. Opinion by PRINCE, V.C.J.; DOWNING, P.J., and MITCHELL, J., concur. April 29, 2026
Division IV
122,050 – Larry Smith, Plaintiff, vs. Trevor Lopez, Individually, Defendant, and Integrity Auto Sales, Inc., an Oklahoma Domestic for Profit Business Corporation, Defendant/Appellee, Kirk A. Marshall, Appellant. Appeal from the District Court of Oklahoma County, Hon. Aletia Haynes Timmons, Trial Judge. Attorney, Kirk A. Marshall, seeks review of the district court’s Order Granting Defendants Motion for Attorneys Fees and Costs and Sanctions pursuant to 12 O.S.2021 §2011 in favor of defendant Integrity Auto Sales, Inc. (Integrity). After careful review of the appellate record and applicable law, we affirm the district court’s imposition of sanctions against Marshall. However, the district court’s order does not determine who the court assessed the award of attorney fees and costs against – Marshall and/or Smith. We vacate the court’s award of attorney fees and costs and remand to the district court for an Order awarding attorney fees and costs and specifying who shall be responsible for payment of these fees and costs awarded to Integrity pursuant to 12 O.S.2021 § 2011. We, therefore, affirm in part, vacate in part, and remand with instructions the district court’s Order Granting Defendants Motion for Attorneys Fees and Costs and Sanctions. AFFIRMED IN PART, VACATED IN PART, AND REMANDED WITH INSTRUCTIONS. Opinion from Court of Civil Appeals, Division IV, by HUBER, J.; BLACKWELL, P.J., and BARNES, J., concur. April 29, 2026
123,284 – Hector Torres, Plaintiff/Appellant, vs. Tus Nua Lawn and Landscape, LLC, an Oklahoma Limited Liability Company, and Austin Hayes, an individual, Defendants/Appellees. Appeal from the District Court of Oklahoma County, Hon. C. Brent Dishman, Trial Judge. Plaintiff appeals from the district court’s Order denying his “Motion to Dismiss Counterclaims.” Pursuant to Oklahoma Supreme Court Rule 1.201, the district court’s Order is summarily reversed. The district court is directed on remand to conduct a hearing on Plaintiff’s motion filed pursuant to the Oklahoma Citizens Participation Act. SUMMARILY REVERSED. Opinion from Court of Civil Appeals, Division IV, by BARNES, J.; BLACKWELL, P.J., and HUBER, J., concur. May 1, 2026