Dispositions Other Than By Published Opinion | Nov. 13, 2024
Oklahoma Court of Civil Appeals
Division I
121,282 – In the Matter of A.C. & K.C., alleged Deprived Children, Harris Cole, Appellant, v. The State of Oklahoma. Appellee. Appeal from the District Court of Johnston County, Oklahoma. Honorable Laura Corbin, Trial Judge. Appellant, Harris Cole (“Father”) appeals an Order Terminating Parental Rights to two of his children, A.C. and K.C. The Department of Human Services (“DHS”) removed the children from their parents’ custody following Mother’s arrest at a time when the children were under her care and she was, at that time, under the influence of methamphetamines. The children are Indian Children and, thus, the Indian Child Welfare Act (“ICWA”) and the Oklahoma Indian Child Welfare Act (“OICWA”) apply to these proceedings. Father claimed that DHS should not have removed the children from him because he was not the offending parent and, in addition, that active efforts were not provided. We find that active efforts were provided and that Father failed to correct the conditions that led to the deprived adjudication. We AFFIRM the Order of the trial court. Opinion by PRINCE, J.; BELL, V.C.J., and SWINTON, P.J., concur. November 7, 2024
121,956 – Kayla Cantrell, now Fagg, Petitioner/Appellant, v. Johnny Levi Shepard, Respondent/Appellee. Appeal from the District Court of Carter County Oklahoma. The Honorable Carson Brooks, Trial Judge. This case is now before the Court on the Motion to Dismiss by Kayla Cantrell, now Fagg, (Petitioner/Appellant) (“Mother”), filed on October 24, 2024. The Motion to Dismiss reports that the Parties “have reached a full settlement of all issues in this case.” In such cases, a simple Order of Dismissal would ordinarily be appropriate. In this case, however, because the appeal stems from a disagreement concerning a purported settlement agreement. Consequently, a quick review of the background of this matter is necessary to set the context of our decision to sustain the Motion to Dismiss. Opinion by PRINCE, J.; BELL, V.C.J., SWINTON, P.J., concur. November 7, 2024
Division II
122,179 – Danielle Andrew, Tiana Childs, and Danielle Andrew as Natural Mother and Next Friend of B.R.A., I.L.A., and C.R.E., Minor Children, Plaintiffs/ Appellants, vs. The City of Midwest City, Defendant/Appellee, and Midwest City Public Works, Defendant. Appeal from the District Court of Oklahoma County, Honorable Aletia Haynes Timmons, Trial Judge. Plaintiffs appeal the trial court’s order granting Defendant City of Midwest City’s motion to dismiss or alternative motion for summary judgment. Based on the clear disputes over material facts manifested in the record, we conclude the trial court erred in granting City’s “motion to dismiss or alternative motion for summary judgment.” The trial court’s order is reversed and the case is remanded for further proceedings consistent with our Opinion. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; BARNES, C.J., and FISCHER, J., concur. November 6, 2024
121,167 – In the Matter of the Guardianship of E.R. Johnson and Seth Johnson, Wife and Husband, alleged incapacitated adults, Cynthia Shaw, Appellant, vs. Deana Howard, Appellee. Appeal from the District Court of Oklahoma County, Honorable James M. Siderias, Trial Judge. Appellant Cynthia Shaw appeals the trial court’s order granting Appellee Deana Howard’s motion for an order surcharging Shaw. After review, we see no basis in the record to find Shaw’s conduct constituted a willful violation of her co-guardian duties on which the trial court relied to surcharge Shaw legal fees in a dispute over $500. We reverse the trial court’s order surcharging Shaw. REVERSED. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; BARNES, C.J., and FISCHER, J., concur. November 7, 2024
120,868 – PWA, Inc., Plaintiff/Appellee, vs. KLC Properties, LLC and All Occupants, Defendants/Appellants. Appeal from Order of the District Court of Oklahoma County, Hon. Sheila Stinson, Trial Judge. Appellant KLC Properties, LLC (KLC) appeals the orders of the district court denying its motion to dismiss and granting Appellee PWA, Inc.’s motion for summary judgment. The appeal has been assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36, 12 O.S.2021, ch. 15, app. 1, and the matter stands submitted without additional briefing. Finding no error, we affirm. AFFIRMED. Opinion from Court of Civil Appeals, Division II by FISCHER, J.; BARNES, C.J., and WISEMAN, P.J., concur. November 8, 2024
121,424 — In re the Marriage of: Ivonne Cabrera de Bales, Petitioner/Appellee, vs. Kevin Bales, Respondent/Appellant. Appeal from the District Court of Oklahoma County, Honorable Lisa Hammond, Trial Judge. In this divorce action, Kevin Bales challenges the trial court’s jurisdiction to enter a decree of dissolution of marriage, asserting the parties were never married in Oklahoma and the case should have been dismissed for lack of jurisdiction. After review, we affirm the trial court’s entry of the decree of dissolution. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; BARNES, C.J., and FISCHER, J., concur. November 8, 2024
121,450 — In re the Marriage of: Jamie Lynn Niblett, Petitioner/Appellee, vs. Richard Ray Niblett, Respondent/Appellant. Appeal from the District Court of Major County, Honorable Timothy D. Haworth, Trial Judge. Richard Ray Niblett appeals a trial court order granting Jamie Lynn Niblett’s motion to reconsider the trial court’s earlier order vacating a temporary order and decree of dissolution of marriage. This appeal raises the question of whether the trial court abused its discretion in granting the motion to reconsider. After review, we conclude it did and its order is reversed. The case is remanded for a trial on the merits. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; BARNES, C.J., and FISCHER, J., concur. November 8, 2024
Division III
121,924 – Timothy Cottingham, Plaintiff/Appellant, v. State of Oklahoma, ex rel., Service Oklahoma, Defendant/Appellee. Appeal from the District Court of Custer County, Oklahoma. Honorable Stephanie Jones, Trial Judge. Timothy Cottingham, Plaintiff/Appellant, appeals the district court’s order sustaining revocation of his driver’s license. The court’s action of setting the hearing later than the 30-day period provided by 47 O.S. Supp. 2022 §6-211(A) does not require reversal based on the precedent of Andrews v. Oklahoma Department of Public Safety, 1979 OK 50, ¶12, 593 P.2d 492, 495, and the fact that Plaintiff did not object to the late setting and asked for a continuance. The Officer’s Impaired Driving Affidavit was properly admitted into evidence after being properly authenticated pursuant to 12 O.S. §2901 where the arresting officer who signed it testified at the trial and identified it. The order sustaining the revocation is AFFIRMED. Opinion by GOREE, J.; MITCHELL, P.J., and DOWNING, J., concur. November 8, 2024
Division IV
121,343 – REP 15, LLC, an Oklahoma limited liability company, Plaintiff/ Appellee, vs. Green Earth Farms, LLC, an Oklahoma limited liability company, Michael Tennyson, an individual and guarantor, and Brett Robinson, an individual and guarantor, jointly and severally, Defendants/Appellants. Appeal from an Order of the District Court of Canadian County, Hon. Paul Hesse, Trial Judge. Green Earth Farms, LLC, an Oklahoma limited liability company; Michael Tennyson, an individual and guarantor; and Brett Robinson, an individual and guarantor, jointly and severally, appeal a judgment in favor of REP 15, LLC, an Oklahoma limited liability company. Based on our review of the facts and applicable law, we affirm the judgment finding REP 15 was entitled to damages. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HIXON, J.; HUBER, P.J., and BLACKWELL, J., concur. November 6, 2024
122,295 – Jack Logsdon, Plaintiff/Appellant, vs. Mack Martin, Esq., and Martin Law Office, Defendants/Appellees. Appeal from an Order of the District Court of Oklahoma County, Hon. Sheila D. Stinson, Trial Judge. Jack Logsdon appeals an order dismissing his amended petition for failure to state a claim upon which relief may be granted. The issue on appeal is whether the court erred in dismissing Logsdon’s legal malpractice action against Mack Martin, Esq. and Martin Law Office as barred by the two-year statute of limitations. After review of the record and applicable law, we affirm the trial court’s order. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HIXON, J.; HUBER, P.J., concurs, and BLACKWELL, J., concurs in result. November 7, 2024
121,516 – National American Insurance Company, as Subrogee of RK&R Dozer Service, LLC, Plaintiff/Appellant, vs. Sandra Martin, Defendant/Appellee, and Lyle Jay Waugh, Defendant. Appeal from the District Court of Washita County, Hon. Jill C. Weedon, Trial Judge. Plaintiff, National American Insurance Company, as subrogee of RK&R Dozer Service, LLC, appeals the district court’s Order Vacating Default Judgment. Although we are mindful of the circumstances that gave rise to Martin’s failure to answer, we are bound by the law. We find that Martin failed to show unavoidable casualty or misfortune that justified vacation of the default judgment pursuant to 12 O.S.2021 § 1031(7). We find the district court erred in vacating the default judgment. We reverse the district court’s Order Vacating Default Judgment. REVERSED. Opinion from Court of Civil Appeals, Division IV by HUBER, P.J.; HIXON, J., and BLACKWELL, J., concur. November 8, 2024