Dispositions Other Than By Published Opinion | Oct. 25, 2023
Oklahoma Court of Civil Appeals
Division I
Division II
121,115 — In the Matter of S.B., M.B., G.B., and I.B., Alleged Deprived Children, Maxine Brown, Appellant, vs. State of Oklahoma, Appellee. Appeal from the District Court of Canadian County, Hon. Bob Hughey, Trial Judge. Maxine Brown (Mother) appeals a trial court order adjudicating her minor children, SB, MB, GB, and IB deprived. The issue before us is whether there is competent evidence to show that State met its burden of proving by a preponderance of the evidence that the children should be adjudicated deprived. After review, we conclude that there is, and we affirm the trial court’s decision. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; BARNES, V.C.J., and HIXON, J., concur. October 20, 2023
121,374 – Brenda Duverney-Chappell, Plaintiff/Appellant, v. Dr. Gregory Halko, and Orthopedic Associates, Inc., Defendants/Appellees. Appeal from the District Court of Oklahoma County, Hon. Aletia Haynes Timmons, Trial Judge. In this informed consent case, Plaintiff appeals from an order of the district court granting the motion for summary judgment of Defendants. The facts presented at summary judgment support but one inference: that Plaintiff was adequately informed under the circumstances and was provided an opportunity to evaluate knowledgeably the medical options available. Therefore, we affirm the district court’s order granting the motion for summary judgment of Defendants. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by BARNES, V.C.J.; WISEMAN, P.J., and HIXON, J., concur. October 19, 2023
Division III
Division IV
120,633 – HSBC Bank USA, National Association as Trustee for Deutsche ALT-A Securities, Inc. Mortgage Loan Trust, Series 2006-AR3, Mortgage Pass-Through Certificates, Plaintiff/Appellee, v. Joshua L. Maberry and Mary Amanda Maberry, Defendants/Appellants. Appeal from the District Court of Logan County, Hon. Louis A. Duel, Trial Judge. The defendants/appellants, Joshua L. Maberry and Mary Amanda Maberry (collectively, the Maberrys), appeal an order granting summary judgment in favor of plaintiff/appellant and an order denying their motion for new trial, which requested the district court reconsider its order granting summary judgment in favor of HSBC. Following review of the record and the applicable law, we find the district court did not err in granting summary judgment in favor of HSBC and against the Maberrys, and thus did not err in denying the Maberrys’ motion for new trial. The district court’s orders on HSBC’s motion for summary judgment and the Maberrys’ motion for new trial are affirmed. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HUBER, J.; BLACKWELL, P.J., and FISCHER, J., concur. October 20, 2023
120,355 – In re the Marriage of: Wendy Renea Ogden, now Bass, Petitioner/Appellant, vs. Charles Allen Ogden, Respondent/Appellee. Appeal from an Order of the District Court of Canadian County, Hon. Barbara Hatfield, Special Judge. Wendy Bass appeals a district court order permitting her ex-husband, Charles Ogden, to move forward with his motion to correct the entry of the parties agreed divorce decree. Wendy argues that the trial court was without jurisdiction to hear the motion or to open the parties’ decree in order to conform it to their agreement, arrived at via mediation. We affirm, finding that the trial court has the power under 12 O.S. § 1031.1 to consider whether the decree should be corrected as Charles requests. AFFIRMED. Opinion from the Court of Civil Appeals, Division IV by BLACKWELL, P.J.; FISCHER, J., and HUBER, J., concur. October 20, 2023
120,895 – Aaron Johnson, Plaintiff/Appellant, vs. Heather Mitchell, Defendant/Appellee. Appeal from an Order from the District Court of Oklahoma County, Hon. Aletia Timmons, District Judge. Aaron Johnson appeals a summary judgment of the district court disposing of claims against Heather Mitchell that were related to her administration of the Jack I. Johnson Revocable Trust, and which included the court’s summary judgment granting Mitchell contractual liquidated damages. On review, we find that Johnson’s claims related to the administration of the trust were barred by the settlement agreement he made with Mitchell and the trust in 2014, his claims as to the validity of that agreement were barred by the applicable statute of limitations, and that he provides no further appellate arguments as to Mitchell’s counterclaim. As such, we affirm the decision of the district court. AFFIRMED. Opinion from the Court of Civil Appeals, Division IV by BLACKWELL, P.J.; FISCHER, J., and HUBER, J., concur. October 20, 2023
120,441 – In the Matter of the Estate of Richard Carlton Dodson, deceased: Rainey Kauzody Dodson, Appellant, vs. The Estate of Richard Carlton Dodson, deceased, by and through Executor, Daniel Lee Dodson, Appellee. Appeal from Order of the District Court of Oklahoma County, Hon. Richard Kirby, Trial Judge. Rainey K. Dodson (Widow), surviving spouse of Richard Carlton Dodson, appeals from the district court’s order in this probate proceeding which, over her objection, allowed as approved the personal representative’s final account and determined Decedent’s estate ready for closing and distribution. Widow’s brief in chief does not contain a “Summary of the Record” in the form required by Okla. Sup. Ct. R. 1.11(e)(1). Her substituted Summary of the Case does not promote “a full understanding” of the basis for her appeal. The remaining contents of her brief do not cure this defect. She did not file a reply brief. An appellate court “will not consider statements in a brief, or statements made in argument of counsel to the trial court, otherwise unsupported, as a basis for appellate decision.” Price v. Price, 1970 OK 116, ¶ 8, 471 P.2d 894, 896. The bare allegation of error in Proposition I of Widow’s brief regarding a prenuptial agreement does not satisfy her burden to demonstrate reversible error. We deem the venue argument in Widow’s Proposition II waived. AFFIRMED. Opinion from Court of Civil Appeals, Division IV by FISCHER, J.; BLACKWELL, P.J., and HUBER, J., concur. October 19, 2023