Dispositions Other Than By Published Opinion | Nov. 23, 2022
Oklahoma Court of Civil Appeals
Division I
119,521 – Robin Drinnon, individually and as Legal Guardian of Christopher Leverett, Plaintiff/Appellant, v. Supported Community Lifestyles, Inc., an Oklahoma Corporation; Supported Community Lifestyles Personnel, Inc., an Oklahoma Corporation; Supported Community Lifestyles Personnel II, Inc. an Oklahoma Corporation, Supported Community Lifestyles Personnel-Stillwater, Inc., an Oklahoma Corporation, Ronald G. Hammock Revocable Living Trust, Ronald G. Hammock, an individual, Defendant/Appellees. Appeal from the District Court of Payne County, Oklahoma. Honorable Stephen R. Kistler, Trial Judge. Plaintiff/Appellant Robin Drinnon, appeals from the district court order granting Appellants’/Defendants’ motion and dismissing for lack of service as to all defendants, except for Nicholas Butler who is still pending in district court. Based on our review, we AFFIRM. Opinion by DOWNING, J.; BELL, P.J., and GOREE, J., concur. Nov. 16, 2022
119,709 – Antonio Padilia, Plaintiff/Appellant, v. Occupants of the Premises, and Joyce Hathcoat, Osage County Treasurer, Ghreza Azadi and Judy C. Azadi, husband and wife, Defendants/Appellees. Appeal from the District Court of Osage County, Oklahoma. Honorable Stuart Tate, Trial Judge. Plaintiff/Appellant, Antonio Padilla, appeals from the trial court’s denial to set aside the tax re-sale deed and/or quiet title in his name. Appellant filed suit below against Defendants/Appellees alleging that irregularities in the notification process failed to meet the statutory requirements for notice. The trial court found Appellant failed to satisfy the burden of proof to set aside the tax re-sale deed and/or quiet title in his name. Upon review, we AFFIRM. Opinion by DOWNING, J.; BELL, P.J., and GOREE, J., concur. Nov. 16, 2022
119,760 – Weaver Family Properties, LLC, and James T. Weaver and Darla Jean Weaver, Trustees of the James T. Weaver and Darla Jean Weaver Revocable Living Trust dated December 8, 2010, and Ronald C. Reiser and Lynda L. Reiser, husband and Wife, and Kenny D. Prather and Patsy J. Prather, as co-trustees of the Ken and Patsy Prather Family Trust, and Garry J. Harris, Plaintiffs/Appellants, v. Jeremy E. Mullen and Amy Denise McNair, and John Mullen and Velma Mullen, husband and Wife, Defendants/Appellees, and State of Oklahoma, ex. rel. Oklahoma Tax Commission and Mayes County Treasurer, Defendants. Appeal from the District Court of Mayes County, Oklahoma. Honorable Shawn S. Taylor, Trial Judge. Plaintiffs/Appellants Weaver Family Properties, LLC, and James T. Weaver and Darla Jean Weaver, Trustees of the James T. Weaver and Darla Jean Weaver Revocable Living Trust dated December 8, 2010 (Weavers), Ronald C. Reiser and Lynda L. Reiser Husband and Wife (Reisers), and Kenneth D. Prather and Patsy J. Prather, as Co-Trustees of the Ken and Patsy Prather Family Trust (Prathers), and Garry Harris (Harris) (collectively, Plaintiffs) appeal from a June 28, 2021 Order enforcing a Journal Entry of Judgment entered on September 27, 2013, which, inter alia, set forth the conditions under which a detention pond was to be repaired and maintained. The Plaintiffs also challenge the trial court’s determination that specific performance liens on their property are valid. Based on our review, we AFFIRM. Nov. 16, 2022
120,096 – Debbra J. Gottschalk, Plaintiff/Appellant, v. Colonial Title, Inc., Defendant/Appellee, v. Firstar Bank, Garnishee. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Deborrah Ludi Leitch, Trial Judge. Plaintiff/Appellant, Debbra Gottschalk, seeks review of the judgment in favor of Defendant/Appellee, Colonial Title, Inc., on her claim to enforce her attorney fee lien. Held: Appellant failed to comply with 5 O.S. Supp. 2014 §6(B) requiring that notice be filed in the office of the county clerk in order to perfect an attorney lien on real property. Appellant’s payment instructions to Appellee did not satisfy the statute. The judgment and award of attorney fees are affirmed. Opinion by GOREE, J.; BELL, P.J., and DOWNING, J., concur. Nov. 16, 2022
120,379 – In the Matter of M.C.P. Jr., Alleged Deprived Child, Natural Mother, Appellant, v. State of Oklahoma, Appellee. Appellee from the District Court of LeFlore County, Oklahoma.. Honorable Jennifer H. McBee, Trial Judge. Appellant, Arasely Patterson (Mother), appeals from a judgment, entered on a jury verdict, terminating her parental rights of M.C.P., Jr. The State of Oklahoma (Appellee or State), filed a Petition to have M.C.P. Jr. adjudicated deprived based on Mother’s possessing/using illegal drugs/addiction, domestic violence, failure to protect, mental health instability, lack of proper parental care and guardianship and, threat of harm. M.C.P. Jr. was removed from Mother’s custody November 20, 2019. The State subsequently filed motions to terminate Mother’s parental rights. The matter proceeded to trial during March 2022 and Mother’s parental rights were terminated. Mother makes two arguments. First, she claims the evidence was not clear and convincing that she failed to correct the conditions that led to M.C.P. Jr. being adjudicated deprived. Second, that clear and convincing evidence did not show termination of Mother’s parental rights was in the best interest of M.C.P. Jr.. We have reviewed the record and are not persuaded by Mother’s arguments. Clear and convincing evidence supported termination and we AFFIRM. Opinion by DOWNING, J.; BELL, P.J., and GOREE, J., concur. Nov. 16, 2022
120,452 – In the matter of: T.R.M., E.M.M., K.J.R., R.W.R., Jr., A.L.R., M.J.J., Alleged Deprived Children, Jackie Johnson, Appellant, v. State of Oklahoma, Appellee. Appeal from the District Court of Washita County, Oklahoma. Honorable Christopher Kelly, Trial Judge. Appellant, Jackie Johnson (Mother), appeals from the trial court’s order terminating her parental rights to her six minor children. The order terminating parental rights was entered after a non-jury trial attended by Mother and her legal counsel. The order terminated Mother’s parental rights pursuant to 10A O.S. 2021 §1-4-904(A) and §1-4-904(B)(5) because the clear and convincing evidence showed termination was in the children’s best interests and Mother failed to correct the following conditions which led to the children’s deprived adjudication notwithstanding that she was given more than three (3) months to correct such conditions: failure to maintain safe and sanitary home; lack of parental care and guardianship; and lack of stability and lack of means to provide support. The order also terminated Mother’s parental rights pursuant to 10A O.S. 2021 §1-4-904(B)(16) because T.R.M., E.M.M., and K.J.R. were four (4) years old or older at the time of placement and had been placed in foster care for fifteen (15) of the twenty-two (22) months immediately preceding the filing of the petition to terminate and cannot be safely returned to the parent’s home. With respect to the younger children, the order terminated Mother’s parental rights pursuant to §1-4-904(B)(17) because R.W.R, Jr., A.L.R, and M.J.J. were under four (4) years of age at the time of placement and had been placed in foster care for at least six (6) of the twelve (12) months immediately preceding the filing of the petition to terminate and cannot be safely returned to Mother’s care. Mother alleges the State of Oklahoma did not meet its burden of proving with clear and convincing evidence that Mother failed to correct the conditions that lead to the deprived children adjudication and that termination was in the children’s best interests. Mother also asserts the court improperly kept the children in DHS custody; thus, resulting in a term time termination. Based on our review of the pleadings, the trial transcript, the parties’ briefs, and applicable law, we hold the clear and convincing evidence supports the trial court’s determination that Mother’s parental rights to the children should be terminated. We further hold the clear and convincing evidence supports the court’s determination that termination of Mother’s parental rights was in the children’s best interest. The trial court’s order is AFFIRMED. Opinion by BELL, P.J.; GOREE, J., and DOWNING, J., concur. Nov. 16, 2022
120,599 – Life Assurane Company, Inc., Plaintiff/Appellee, v. The First State Bank, Pond Creek, Defendant/Appellee, and Stacy Denette Overton, Defendant/Appellant. Appeal from the District Court of Grant County, Oklahoma. Honorable Jack Hammontree, Trial Judge. Life Assurance Company, Inc. (Plaintiff / Appellee) issued a policy to deceased. The surviving spouse, Stacy Denette Overton (Defendant / Appellant) claimed she was the beneficiary and The First State Bank of Pond Creek (Defendant / Appellee) claimed it was assignee of the policy. Insurer commenced an interpleader. The court ordered the policy benefits deposited with the court clerk and discharged Plaintiff. Held: Appellant was not a party to the insurance contract; there is a factual controversy concerning the validity of Bank’s claimed assignment; the record discloses non-party potential beneficiaries who may feasibly be joined and complete relief in this action cannot be accomplished in their absence. Affirmed in Part, Reversed in Part, and Remanded with Instructions. Opinion by GOREE, J.; BELL, P.J., and DOWNING, J., concur. Nov. 16, 2022
120,687 – Garlin Keen, Plaintiff/Appellant, v. George Parvu, Defendant/Appellee. Appeal from the District Court of Adair County, Oklahoma. Honorable Elizabeth L. Brown, Trial Judge. Garlin Keen, Plaintiff/Appellant, sued George Parvu, Defendant/Appellee, for building a fence on his property without his consent. Appellant sued for trespass and the district court dismissed the petition for failure to state a claim, apparently on the basis Appellant did not own the real property. A person who is in possession of real property may commence an action for trespass even if he is not the title owner. The order dismissing the petition is Reversed. Opinion by GOREE, J.; BELL, P.J., and DOWNING, J., concur. Nov. 16, 2022
Division II
Division III
119,896 – Dennis Ray Allen, Plaintiff/Appellant, v. Town of Boynton, Oklahoma, Defendant/Appellee, and Candace Lang and Willie G. Hopkins, Defendants. Appeal from the District Court of Muskogee County, Oklahoma. Honorable Norman D. Thygesen, Trial Judge. Plaintiff/Appellant Dennis Ray Allen appeals the trial court’s order denying his motion to reconsider an earlier order which vacated a garnishment order entered to collect Allen’s judgment against Defendant/Appellee Town of Boynton. By statute, enforcement of a money judgment against a municipality is automatically stayed while an appeal is pending. Accordingly, the trial court correctly vacated the order for garnishment of Town’s bank account. We find no abuse of discretion in the denial of Allen’s motion to reconsider that order and we AFFIRM. Opinion by SWINTON, J.; MITCHELL, V.C.J., and PRINCE, P.J., concur. Nov. 18, 2022
Division IV
120,214 – Specialized Loan Servicing, LLC, Plaintiff/Appellee, v. Marcia Johnson; Monnie Jeanine Polson, as Personal Representative of the Estate of Harold Johnson, Deceased; Discover Bank; Occupant 1 (real name unknown) and Occupant 2 (real name unknown), Defendants, Jana Leigh Galpin, as Personal Representative of the Estate of Harold Dean Johnson, Deceased, Defendant/Appellant, and The Estate of Harold Dean Johnson, Deceased, Counter-Claimant/Appellant, v. Wells Fargo Bank, N.A., Counterclaim Defendant, and Jana Leigh Galpin and Steve Galpin, Real Parties in Interest (for Occupant 1 and Occupant 2), Intervening Counter-Claimants/Appellants, v. Wells Fargo Bank, N.A., Counterclaim Defendant. Appeal from the District Court of Canadian County, Hon. Paul Hesse, Trial Judge. Jana Leigh Galpin, Steve Galpin, and the Estate of Harold Dean Johnson (collectively, the Estate) seek review of the district court’s determination that Wells Fargo Bank, N.A., is entitled to summary judgment. The Estate asserts the note and mortgage that is the subject of the underlying case was fraudulently obtained, that the note and mortgage are therefore invalid, and that, as a result, Wells Fargo is not entitled to foreclosure. However, we agree with the district court that, under the circumstances presented, ratification occurred; therefore, the note and mortgage are valid and, pursuant to the undisputed facts, foreclosure is appropriate. Thus, we affirm the summary judgment ruling. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by BARNES, P.J.; FISCHER, C.J., and HIXON, J., concur. Nov. 16, 2022
119,949 – Sandra Lea Bennett, Petitioner, vs. Multiple Injury Trust Fund and The Oklahoma Workers’ Compensation Commission, Respondents. Proceeding to Review an Order of The Workers’ Compensation Commission En Banc. Claimant Sandra Bennett appeals from an order of the Oklahoma Workers’ Compensation Commission en banc. The Commission affirmed an order of an Administrative Law Judge (ALJ), which denied Claimant’s request for permanent total disability (PTD) benefits from the Multiple Injury Trust Fund (Fund). The Commission found that Claimant was not entitled to those benefits because she remained capable of substantial gainful employment. The Commission’s order affirming the ALJ’s denial of Claimant’s request for an award of PTD benefits against the Fund is supported by substantial competent evidence in the record. AFFIRMED. Opinion from Court of Civil Appeals, Division IV by FISCHER, C.J.; BARNES, P.J., and HIXON, J., concur. Nov. 18, 2022