Dispositions Other Than By Published Opinion | Nov. 12, 2025
Oklahoma Court of Civil Appeals
Division I
121,939 – Paula Jane Phillips, Carmen Sue Haynes, Robert Ernest Phillips and Tina Marie Somerlott, Petitioners/Appellants, v. The Estate of Paul R. Phillips, Respondent/Appellee. Appeal from the District Court of Carter County, Oklahoma. Honorable Ryan G. Hunnicutt, Trial Judge. Petitioners/Appellants, Paula Jane Phillips, Carmen Sue Haynes, Robert Ernest Phillips, and Tina Marie Somerlott (collectively referred to as “Siblings”), appeal an Order issued by the trial court granting summary judgment for their father’s Estate. Siblings are the children of Paul Robert Phillips who was the titleholder of approximately one hundred (100) acres of land, that included a small house (hereinafter referred to as the “Farm”), located in Carter County, Oklahoma. Siblings brought suit for imposition of a constructive trust in order to prevent Mr. Phillips from selling the Farm to a third party. Siblings alleged that there was a longstanding agreement to purchase the Farm from their father and that they had expended substantial funds and efforts in reliance upon the alleged agreement. Siblings produced no evidence of a written agreement for the purchase other than testimony that the agreement was memorialized in an email and that their father confirmed the details of the agreement. Mr. Phillips’ Estate filed a Motion for Summary Judgment denying that there was an agreement and denying that the elements for imposition of a constructive trust could be met. Estate also alleged that any agreement, if it did exist, violated the Statute of Frauds. The trial court agreed with Estate and granted summary judgment. We have reviewed the record and find that there are genuine issues of material fact precluding summary judgment. The Order granting summary judgment is REVERSED, AND the matter is REMANDED for further proceedings consistent with this Opinion. Opinion by PRINCE, J.; GOREE, P.J., and SWINTON, J., CONCUR. November 6, 2025
122,866 – Kevin McDugle and Justin Humphrey, as individuals, Plaintiffs/Appellants, vs. Jason Hicks, as District Attorney for Caddo, Grady, Jefferson and Stephens Counties, Defendant/Appellee. Appeal from the District Court of Stephens County, Oklahoma. Honorable Brent G. Russell, Trial Judge. Plaintiffs/Appellants Kevin McDugle and Justin Humphrey appeal from an order granting summary judgment in favor of Defendant/Appellee Jason Hicks, as District Attorney for Caddo, Grady, Jefferson and Stephens Counties in an Open Records Act case regarding Defendant’s involvement in the April 26, 2013 clemency hearing of Richard Glossip before the Oklahoma Pardon and Parole Board. We REVERSE and remand for further review of discovery matters. Opinion by SWINTON, J.; GOREE, P.J. CONCURS; PRINCE, J., DISSENTS.
Division II
122,521 – Travis Harper Dukes, Petitioner, vs. Plan B Services & Solutions and The Workers’ Compensation Commission, Respondents. Appeal from an Order of the The Workers’ Compensation Commission. Travis Dukes seeks review of the Workers’ Compensation Commission’s order affirming an Administrative Law Judge’s (ALJ) dismissal of his retaliatory discharge claim with prejudice. The Commission found that Dukes’ claim against his employer for retaliation was not filed within the one-year period prescribed in 85A O.S. Supp. 2013 § 69(A)(1). We affirm dismissal of Dukes’ retaliation claim because the Commission correctly determined that it was time barred. AFFIRMED. Opinion from Court of Civil Appeals, Division II by FISCHER, J.; WISEMAN, P.J., and BLACKWELL, J., concur. November 7, 2025
122,949 – Ashley Diaz, as widow of Javier Diaz, Plaintiff/Appellant, vs. Skyline Communications, Inc. d/b/a Skyline Energy Solutions; and Oklahoma Gas and Electric Company d/b/a OG&E, Defendants/Appellees, and WeatherTech, LLC; OG&E Energy Corp. d/b/a OG&E; One Gas, Inc., d/b/a Oklahoma Natural Gas and/or ONG; Dennis Watson; and Joanne Watson, Defendants, Compsource Mutual Insurance Company, Intervenor. Appeal from an Order of the District Court of Oklahoma County, Hon. C. Brent Dishman, District Court. Plaintiff, Ashley Diaz, as the widow of Javier Diaz, appeals the trial court’s grant of summary judgment in favor of defendants Skyline Communications Inc. (Skyline) and Oklahoma Gas & Electric Company (OG&E). Upon review, we find that the motions for summary judgment were improperly granted. The judgments are therefore vacated, and this matter is remanded for further proceedings. VACATED AND REMANDED. Opinion from the Court of Civil Appeals, Division II by BLACKWELL, J.; WISEMAN, P.J., concurs, and FISCHER, J., dissents. November 7, 2025
Division III
123,172 – Tom Colbert, Joseph M. Cervantez, Colbert-Grants Investments, LLC, Steven Whitaker, Kevin Kunkel, and Rose Kunkle, Plaintiffs/Appellants, v. The State of Oklahoma Ex Rel. Oklahoma Department of Transportation, Defendant, The City of Tulsa, Becco Contractors, Inc., OBC, Inc., Successor to Plains Bridge Contracting, Treas Construction, and Craig & Kethline, Inc., Defendants/Appellees. Appeal from the District Court of Osage County, Oklahoma. Honorable Russell Vaclaw, Trial Judge. Plaintiffs/Appellants brought this action against Defendant, the State of Oklahoma ex rel., Oklahoma Department of Transportation (ODOT), and Defendants/Appellees, the City of Tulsa; Becco Contractors, Inc. (Becco); Treas Construction (Treas); OBC, Inc. successor to Plains Bridge Contracting (OBC); and Craig & Keithline, Inc., for nuisance, trespass and unjust enrichment. Plaintiffs claimed all the defendants illegally deposited highway construction debris near Plaintiffs’ private lake, Theisen Lake, and that said dumpsite debris and sediment has run-off, silted and polluted Theisen Lake. Plaintiffs sought damages, abatement and an injunction. The trial court granted summary judgment to Defendants/Appellees. The court also entered an order pursuant to 12 O.S. 2021 §994(A) finding there is no just reason to delay entry of the final judgment in favor of the Defendants/Appellees and Plaintiffs appealed. After de novo review of the record, this Court affirms the trial court’s orders granting summary judgment pursuant to Supreme Court Rule 1.202(d), 12 O.S. 2021, Ch. 15, App. Opinion by BELL, C.J.; DOWNING, P.J., and MITCHELL, J., concur. November 6, 2025
123,275 – Wallwork Financial Corporation, Plaintiff/Appellee, v. JS Taylor and Family Inc., & Joseph Taylor, Defendants/Appellants. Appeal from the District Court of Pawnee County, Oklahoma. Honorable Patrick Pickerill, Trial Judge. Appellants JS Taylor and Family Inc. and Joseph Taylor appeal the trial court’s June 11, 2025, Judgment granting Appellee Wallwork Financial Corporation’s Motion for Summary Judgment. Based on our review of the record and applicable law, we AFFIRM. Opinion by DOWNING, P.J.; BELL, C.J., and MITCHELL, J., concur. November 6, 2025
122,237 – TJB Restricted Holdings, LLC, Plaintiff, and Ron Durbin, II, Appellant, v. The State of Oklahoma, ex rel., The Oklahoma Medical Marijuana Authority, Defendant/Appellee. Appeal from the District Court of Delaware County, Oklahoma. Honorable Jennifer McAffrey, Trial Judge. Appellant, Ronald E. Durbin, II, appeals on his own behalf from the trial court’s order assessing attorney fees and costs against both Plaintiff, TJB Restricted Holdings, LLC (TJB), and Durbin, who was TJB’s then-licensed attorney. TJB held a medical marijuana laboratory license issued by the Oklahoma Medical Marijuana Authority (OMMA). In April 2023, OMMA served TJB with an emergency order of summary suspension, directing TJB to immediately cease all operations at its Delaware County facility. TJB, represented by Durbin, then filed a petition for declaratory judgment and injunctive relief in Delaware County District Court. The district court subsequently granted TJB a temporary restraining order (TRO). OMMA filed a special appearance and motion to rescind and transfer, arguing venue was improper in Delaware County. Among other things, OMMA argued TJB should be responsible for attorney fees and costs associated with transferring venue to the correct county. Delaware County granted OMMA’s request in part, transferring the merits of TJB’s case to Oklahoma County District Court. Thereafter, the Delaware County court ordered the TRO vacated and awarded fees ($30,360.00) and costs ($1,374.67) to be assessed jointly against TJB and Durbin. Durbin now appeals. (Durbin’s law license was suspended in April 2024 and he was ultimately disbarred). OMMA’s request for attorney fees is premised on 12 O.S. 2021 §1384.2, which makes no mention of an award of attorney fees directly against counsel. Because statutes allowing the award of attorney fees must be strictly construed, we hold §1384.2 does not authorize a fee award directly against counsel. Similarly, the statute authorizing the assessment of costs associated with transferring a case to the proper venue, 12 O.S. 2021 §140.1, specifically identifies “the plaintiff” or “the moving party” as the entity responsible for paying filing fees. Section 140.1 does not authorize fee awards against a party’s counsel. OMMA alternatively argues the trial court possessed inherent power to award fees and costs based upon Durbin’s alleged misconduct. While we agree that trial courts have inherent equitable authority to award fees for bad faith litigation misconduct, an award of sanctions must reflect a finding of bad faith or oppressive conduct on the part of the sanctioned party. The trial court in this case made no such on the record finding. That portion of the trial court’s order assessing attorney fees and costs against Durbin personally is reversed. REVERSED IN PART. Opinion by BELL, C.J.; DOWNING, P.J., and MITCHELL, J., concur. November 7, 2025
Division IV