Dispositions Other Than By Published Opinion | Oct. 19, 2022

Oklahoma Court of Civil Appeals

Division I

Division II

119,513 (Consolidated with Case Nos. 119,514 and 119,515) – The Chandler Family Trust Dtd November 1991; Joe L. Chandler and Marjorie Chandler, husband and wife; Intervest Development Limited Partnership, an Oklahoma limited partnership; Green Valley Farms, LLC, an Oklahoma limited liability company; and Warren W. Thomas, individually, Plaintiffs/Appellees, vs. Snow Land Holdings, LLC, an Oklahoma limited liability company; Sundog Trails, Inc., an Oklahoma corporation; Gregory Snow and Jessica Snow, husband and wife; State of Oklahoma, ex rel. Department of Transportation; Larry Mahsetky, individually; John Does No. 1 through 20; and John Doe Not-for Profit Corporation, Defendants, and Gregory Snow, individually and d/b/a Depot Hill Motor Sports Park; Gregory Snow d/b/a Sundog Trails, Defendant/Appellant. Appeal from an Order of the District Court of McClain County, Hon. Charles Gray, Trial Judge. The defendant and appellant, Gregory Snow, seeks review of the trial court’s denial of his motion to vacate (1) a 2010 agreed preliminary injunction, and (2) two contempt citations entered against Snow related to the violation of that injunction. Other matters have been dismissed by the Oklahoma Supreme Court or abandoned by Snow. Upon review, we find that the trial court did not abuse its discretion in denying the motion to vacate. AFFIRMED. Opinion from the Court of Civil Appeals, Division II by BLACKWELL, J.; BARNES, J., concurs, and WISEMAN, P.J., concurs in result. Oct. 12, 2022

Division III

119,725 – Elizabeth A. Windel, now Glasgow, Petitioner/Appellee, v. Lance A. Windel, Respondent/Appellant. Appeal from the District Court of Carter County, Oklahoma. Honorable Thomas K. Baldwin, Trial Judge. Respondent/Appellant Lance A. Windel (Father) appeals from the trial court’s Order on Relocation, which granted Petitioner/Appellee Elizabeth A. Windel’s  request to relocate the parties’ children and denied Father’s request to appoint him primary custodian. Father argues that the trial court erred in not interviewing the children in camera and erred in its application of the relocation statute. On the record presented here, we find no abuse of discretion in declining to interview the children. The trial court’s application of the relocation statute is not clearly against the weight of the evidence or an abuse of discretion. We AFFIRM. Opinion by SWINTON, J.; MITCHELL, V.C.J., and GOREE, J. (sitting by designation), concur. Oct. 14, 2022

120,273 – Larry Sean Newville, Petitioner, v. Lereve Energy Services, LLC, Compsource Mutual Insurance Company and the Workers’ Compensation Commission, Respondents. Appeal from the Workers’ Compensation Commission of Oklahoma.  Petitioner/Appellant, Larry Sean Newville, seeks review of an Order entered by the Oklahoma Workers’ Compensation Commission en banc that affirmed the denial of temporary total disability benefits for the period of November 17, 2019 to February 23, 2020.  Appellant argues that the Commission erred because it denied the TTD benefits arguably because Newville did not have a treating physician during the relevant time period and, consequently, an irrebutable presumption was essentially created that precluded a factual re‑examination or challenge to the treating physician’s determination that he was able to return to work.  Newville further argues that the findings of the Commission were clearly erroneous in view of the reliable, material, probative and substantial competent evidence.  Based upon our review of the record and applicable law, we find that the Commission did not treat the issue of whether TTD was properly terminated based solely on the fact that Newville did not have a treating physician during the relevant time period and that the decision of the Commission was not against the clear weight of the evidence.  We, therefore, AFFIRM. Opinion by PRINCE, P.J.; MITCHELL, V.C.J., and SWINTON, J., concur. Oct. 14, 2022

120,579 – The Revocable Trust of Donald L. Stobaugh and Bette L. Stobaugh, dated April 2, 2003, as amended, Dara Lea Dixon, Dee Laine Kimbrell, Petitioners/Appellants, v. Donald Lee Stobaugh, Jr., Debra Lynn Bennett, Dana Louise Brown, Doris Lucil Molder, Respondents/Appellees. Appeal from the District Court of Washington County, Oklahoma.  Honorable Jared P. Sigler, Trial Judge. This appeal involves a family dispute over the validity of amendments made by the surviving grantor to a trust. The issue presented for review is weather a trust with provisions to create a bypass trust automatically caused the trust to become irrevocable upon the death of the first grantor, thereby preventing the surviving grantor from amending the trust. We hold the bypass trust provisions do not overcome the definite terms in the trust expressly permitting amendment and the statutory authority preventing the trust from becoming irrevocable unless explicitly stated; we further hold reformation of the trust is not appropriate where there is no evidence the trust does not accurately reflect the intent of the grantors. The trial court’s grant of partial summary judgement in favor of defendant is AFFIRMED. Opinion by MITCHELL, V.C.J.; PRINCE, P.J., and SWINTON, J., concur. Oct. 14, 2022

Division IV

119,541 – Anthony Churchwell, Petitioner/Appellant, vs. Chaplain Carlisle; Hector A. Rios, Jr.; Lt. Wolfe; Mark Knutson; John/Jane Doe, Division Manager of West Institutions, Oklahoma Department of Corrections; John/Jane Doe, Contract Monitor, Oklahoma Department of Corrections; and Joe Allbaugh, Respondents/Appellees.  Appeal from the District Court of Comanche County, Hon. Irma Newburn, Trial Judge.  Petitioner, Anthony Churchwell, appeals a trial court Order finding Petitioner’s action was barred by the applicable statute of limitations and Petitioner failed to exhaust his administrative remedies and, therefore, dismissing his action.  The trial court’s Order appealed here did not dispose of all claims against all parties.  The trial court did not make any adjudication regarding the prison’s owner/operator, GEO Group, Inc.  In addition, the Order lacks an express determination or direction as required by 12 O.S.2011, § 994, to make such an order an appealable order.  Nor is the order one appealable by right per 12 O.S. Supp. 2016, § 993.  Therefore, this appeal is dismissed.  DISMISSED.  Opinion from Court of Civil Appeals, Division IV, by HIXON, J.; FISCHER, C.J., and BARNES, P.J., concur. Oct. 12, 2022