Dispositions Other Than By Published Opinion | Nov. 9, 2022
Oklahoma Court of Civil Appeals
Division I
Division II
119,645 – Darwin Ortiz, Plaintiff/Appellee, vs. Car Gallery, Defendant/ Appellant. Appeal from the District Court of Oklahoma County, Hon. Catherine M. Burton, Trial Judge. Defendant Car Gallery appeals a judgment against it in favor of Plaintiff Darwin Ortiz in this small claims action arising from a used car purchase. After review, we find the trial court’s decision is supported by the evidence and we affirm. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; BLACKWELL, J., dissents, and BARNES, J. (sitting by designation), concurs. Nov. 7, 2022
120,104 (Companion to Case No. 120,114) – In the Matter of T.M., Alleged Deprived Child, Kathleen Roberson, Appellant, vs. State of Oklahoma, Appellee. Appeal from an order of the District Court of Pottawatomie County, Hon. Tracy McDaniel, Trial Judge. Kathleen Roberson Mantooth (Mother) appeals a trial court order adjudicating her minor child deprived. Although Mother raises several issues on appeal, we conclude one requires reversal: whether the trial court’s finding that State made active efforts to provide remedial and rehabilitative services pursuant to the Indian Child Welfare Act is supported by the record. After review, we conclude the trial court’s findings are supported by the evidence and affirm the order with one exception: the record does not show that “active efforts” have been made or the results of those efforts, and we must reverse this finding and remand for further proceedings consistent with our Opinion. AFFIRMED IN PART, REVERSED IN PART AND REMANDED FOR FURTHER PROCEEDINGS. Opinion from the Court of Civil Appeals, Division II, by WISEMAN, P.J.; FISCHER, C.J. (sitting by designation), concurs, and BLACKWELL, J., concurs in part and dissents in part. Nov. 3, 2022
120,114 (Companion to Case No. 120,104) – In the Matter of T.M., Alleged Deprived Child, Richard Mantooth, Appellant, vs. State of Oklahoma, Appellee. Appeal from an order of the District Court of Pottawatomie County, Hon. Tracy McDaniel, Trial Judge. Richard Mantooth appeals a trial court order adjudicating his minor child deprived. The issues on appeal are whether there is competent evidence to show that State met its burden to show by a preponderance of the evidence that TM should be adjudicated deprived, whether State met its burden to show by clear and convincing evidence that Father’s continued custody would result in serious damage to TM, and whether the trial court’s finding that State made active efforts to provide remedial and rehabilitative services is supported by the record. After review, we conclude that, although State met its burden to show that TM is deprived and that continued custody by Father would result in serious damage to TM and affirm the order with one exception—the record does not show that “active efforts” have been made or the results of those efforts, and we must reverse the trial court’s finding on this issue and remand for further proceedings consistent with our Opinion. AFFIRMED IN PART, REVERSED IN PART AND REMANDED FOR FURTHER PROCEEDINGS. Opinion from the Court of Civil Appeals, Division II, by WISEMAN, P.J.; FISCHER, C.J. (sitting by designation), concurs, and BLACKWELL, J., concurs in part and dissents in part. Nov. 3, 2022
Division III
Division IV
120,028 – In the matter of M.P.P., G.M.P., and J.S.P., alleged deprived children: Bobbie Mainus, Appellant, vs. State of Oklahoma, Appellee. Appeal from Order of District Court of Grady County, Hon. Z. Joseph Young, Trial Judge. Appellant Mother appeals the district court’s order terminating her parental rights. After review of the record, we find the district court’s determination that Mother failed to correct the conditions that led to the children’s adjudication as deprived is supported by clear and convincing evidence. We further find clear and convincing evidence to support the district court’s determination that termination of Mother’s parental rights was in the best interest of the children. The district court’s order terminating Mother’s parental rights is affirmed. AFFIRMED. Opinion from the Court of Civil Appeals, Division IV, by FISCHER, C.J.; BARNES, P.J., and HIXON, J., concur. Nov. 4, 2022
120,341 – In the Matter of M.M., and M.J., Alleged Deprived Children, Nyeshia Morrison, Appellant, vs. State of Oklahoma, Appellee. Appeal from the District Court of Oklahoma County, Hon. Kaitlyn G. Allen, Trial Judge. Nyeshia Morrison (Mother) appeals from the trial court’s corrected order entering the jury’s verdict terminating her rights to the minor children, M.M. and M.J. Mother argues State failed to present clear and convincing evidence establishing the grounds for termination and that the termination was in the children’s best interests. She also argues State violated her due process rights. Based on our review of the facts and applicable law, we affirm the order. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HIXON, J.; FISCHER, C.J., and BARNES, P.J., concur. Nov. 3, 2022