Dispositions Other Than By Published Opinion | Oct. 11, 2023
Oklahoma Court of Civil Appeals
Division I
121,427 – City of Tahlequah, Plaintiff/Appellant, v. Springwater Properties, LLC, an Oklahoma Limited Liability Company; Springwater Fence LLC, an Oklahoma Limited Liability Company; Armstrong Bank; Cherokee County Board of Commissioners; and Occupants, and/or anyone, Using, Possessing, or otherwise Claiming Interest in the Property, Defendants/Appellees, and City of Tahlequah, a Municipal Corporation, Plaintiff/Appellant, v. Springwater Properties, LLC, an Oklahoma Limited Liability Company, Defendant/Appellee, and Cherokee County Treasure, Defendant. Appeal from the District Court of Cherokee County, Oklahoma. Honorable Douglas A. Kirkley, Trial Judge. Appellant, City of Tahlequah (City) appeals the trial court’s Final Order on Summary Judgment and Final Order on Motion to Reconsider the grant of summary judgment in favor of Springwater Properties, LLC, et al. (Springwater). Based on our review, we AFFIRM. Opinion by DOWNING, J.; SWINTON, J., concurs and GOREE, P.J., concurs in result. concur. Oct. 3, 2023
120,204 – In the Matter of the Estate of Charles Ivan Hale Deceased,, Monte Kelso, Petitioner/Appellant, v. Darrell D. Hale, Jr., and Elizabeth Rohrs, Heirs at Law, Contestants/Appellees. Appeal from the District Court of Craig County, Oklahoma. Honorable David Crutchfield, Trial Judge. Petitioner/Appellant Monte Kelso appeals the trial court’s Journal Entry of Judgment which denied Kelso’s petition to admit the Will of Charles Ivan Hale (Decedent) to probate. The trial court agreed with Contestants/Appellees, Darrell Hale and Elizabeth Rohrs (Contestants) that the Will was the product of undue influence by Kelso. The judgment includes detailed, well-reasoned findings of fact and conclusions of law. Based on our review of the record and applicable authority, we find the judgment is not clearly against the weight of the evidence and or contrary to law. The judgment adequately explains the decision and we therefore affirm by summary opinion under Oklahoma Supreme Court Rule 1.202(d). Opinion by SWINTON, J.; GOREE, P.J., and DOWNING, J., concur. Oct. 4, 2023
121,059 – In the matter of C.J.C., C.R.C., R.L.C., and R.C., Alleged Deprived Children, Randall Coker, Appellant, v. State of Oklahoma, Appellee. Appeal from the District Court of Le Flore County, Oklahoma. Honorable Jon Sullivan, Trial Judge. Appellants Jessica Fair (Mother) and Randall Coker (Father) appeal from an order adjudicating their four minor children, R.L.C., C.J.C., C.R.C., and R.C., as deprived. Appellants argue that the trial court erred in admitting certain evidence, and that there was insufficient evidence to show that active efforts had been made to prevent the breakup of the family. We affirm. Opinion by SWINTON, J.; GOREE, P.J., and DOWNING, J., concur. Oct. 4, 2023
121,215 – Multiple Injury Trust Fund, Petitioner/Appellant, v. Wanda June Gibby, Respondent/Appellee. Proceeding to Review an order of the Oklahoma Workers’ Compensation Commission. Sustained under Rule 1.202(d). Opinion by SWINTON, J.; GOREE, P.J., concurs and DOWNING, J., dissents. Oct. 4, 2023
120,961 – In the Matter of E.F.B., A.H.B., H.M.B., H.G.B., E.J.B., and K.J.B., Alleged Deprived Children. State of Oklahoma, Petitioner/Appellee, v. Earl Joedale Bunch, Respondent/Appellant. Appeal From the District Court of Carter County, Oklahoma. Honorable Dennis Morris, Trial Judge. Respondent/Appellant Earl Joedale Bunch (Father) appeals from a judgment terminating his parental rights to E.F.B., A.H.B., A.M.B., H.G.B., E.J.B., and K.J.B. (Children) following a jury trial. Petitioner/Appellee the State of Oklahoma sought termination on the grounds of failure to correct the conditions leading to the deprived adjudication and length of time in foster care. The record includes clear and convincing evidence supporting the grounds for termination and showing termination was in Children’s best interests. We affirm. Opinion by SWINTON, J.; GOREE, P.J., and DOWNING, J., concur. Oct. 10, 2023
Division II
120,503 – Dustin Watson, Plaintiff/Appellee, vs. Council on Law Enforcement Education and Training a/k/a CLEET, Defendant/Appellant. Appeal from the District Court of LeFlore County, Hon. Jonathan K. Sullivan, Trial Judge. The Council on Law Enforcement Education and Training (CLEET) appeals the District Court of LeFlore County’s decision finding that CLEET did not have the statutory authority to revoke Dustin Watson’s CLEET certification. The issue on appeal is whether the District Court erred as a matter of law in concluding that 70 O.S. § 3311 does not require the revocation of Watson’s certification. After review, we conclude that the governing statute, 70 O.S. § 3311, does not require the revocation of Watson’s certification, and the District Court’s Order is therefore affirmed. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; BARNES, V.C.J., and HIXON, J., concur. Oct. 5, 2023
Division III
120,656 – Creditors Recovery Corp., Plaintiff/Appellee, Andrea Javersadk, Defendant, and Shayne Javersak, Defendant/Appellant. Appeal from the District Court of Pittsburg County, Oklahoma. Honorable Brendon Bridges, Trial Judge. This is an appeal from a judgment granted to Plaintiff/Appellee, Creditors Recovery Corp., in its collection lawsuit against Defendant/Appellant, Shayne Javersak, for medical services provided to his children. Andrea Javersak (Mother) and Shayne Javersak (Father) are the biological parents of minor children. The parents were divorced by a decree of dissolution of marriage on October 24, 2018, in Case No. FD‑2011‑220 in the District Court of Pittsburg County. In 2010, McAlester Vision Center, Inc. provided vision services to the children. The vision bills show they were mailed to the children. In 2014, Total Rehab provided medical services to the children. The Total Rehab medical bills show they were mailed to both parents. The patient financial policy for Total Rehab contains an illegible signature. These medical bills were assigned to Plaintiff in 2015. Plaintiff settled with Mother and obtained judgment against Father. After reviewing the sparse record on appeal, we AFFIRM. Opinion by BELL, J.; MITCHELL, C.J., and PRINCE, P.J., concur. Oct. 6, 2023
120,861 – In the Matter of M.D. and S.D., Deprived Children, Honestie Durbin, Appellant, v. The State of Oklahoma, Appellee. Appeal from the District Court of Pittsburg County, Oklahoma. Honorable Brian Mclaughlin, Trial Judge. Honestie Durbin, the natural mother, seeks review of the trial court’s order, following a non‑jury trial, terminating her parental rights to her two children. We find the trial court’s finding — that the mother was not consistent in completing services to demonstrate she corrected the conditions that led to the children’s removal — is supported by clear and convincing evidence, and we find no error in the trial court’s determination that it was in the children’s best interests for the mother’s rights to be terminated. AFFIRMED. Opinion by MITCHELL, C.J.; PRINCE, P.J., and BELL, J., concur. Oct. 6, 2023
121,084 – In the Matter of T.N., Alleged Deprived Child, Kenya Neal, Natural Mother, Appellant, v. State of Oklahoma, Appellee. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Julie C. Doss, Trial Judge. Appellant, Keenya Neal, Natural Mother (“Mother”), has appealed an Order terminating her parental rights to T.N (“Child”). The Child tested positive for methamphetamines at birth and the Department of Human Services (“DHS”) took her into custody. During the same year of the Child’s birth, Mother’s parental rights to three other children were terminated as a result of the same issue ‑ i.e., drug abuse. The State of Oklahoma filed a Petition seeking immediate termination of parental rights pursuant to 10A O.S. § 1‑4‑904(B)(6), which provides that parental rights may be terminated if the rights of the parent to another child have been terminated and the conditions that led to the prior termination of parental rights have not been corrected. A jury unanimously returned a verdict to terminate Mother’s parental rights to the Child. Mother raises issues on appeal involving due process and hearsay. We have reviewed the record and Mother’s legal arguments and find that the jury verdict is free from error. Therefore, the Order Terminating Parental Rights is AFFIRMED. Opinion by PRINCE, P.J.; MITCHELL, C.J., and BELL, J., concur. Oct. 6, 2023
121,121 – Donna White and Rhonda Coltharp, as Co-trustees of the Alvin Charles Durkee Revocable Trust, Plaintiffs/appellants, V. Performance Roofing Inc., an Oklahoma Corporation D/b/a A-best Roofing, Defendant/appellee, and Willow Creek Ii Neighborhood Association, Inc., a Domestic Not for Profit Oklahoma Corporation; Board of Administrators Willow Creek Ii Neighborhood Associations, Inc., Administrators of Willow Creek Ii Neighborhood Association, Inc.; Sean Battisti, an Individual; Kathy Ringer, an Individual; Linda Sights, an Individual; Muriel Lablanc, an Individual; and First Commercial Multifamily Management Services, LLC, an Oklahoma Limited Liability Company, Defendants. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Daman H. Cantrell, Trial Judge. Plaintiffs/Appellants Donna White and Rhonda Coltharp, as Co‑Trustees of the Alvin Charles Durkee Revocable Trust (Condo Owner), sued Defendant/Appellee Performance Roofing Inc. d/b/a A‑Best Roofing (Roof Company), along with Condo Owner’s homeowners’ association, Defendant Willow Creek II Neighborhood Association, Inc. (HOA), and HOA’s agent, Defendant First Commercial Multifamily Management Services, LLC (Management Company), claiming Condo Owner’s condominium flooded as a result of Roof Company’s work. The court granted summary judgment to Roof Company on Condo Owner’s negligence claim based on its application of the “accepted work doctrine.” The trial court also granted a separate summary judgment with no findings or conclusions on Condo Owner’s remaining claims. We AFFIRM IN PART, REVERSE IN PART, AND REMAND for further proceedings. Opinion by BELL, J.; MITCHELL, C.J., and PRINCE, P.J., concur. Oct. 6, 2023
Division IV