Dispositions Other Than By Published Opinion | Oct. 26, 2022
Oklahoma Court of Civil Appeals
Division I
119,614 – Kirt Thacker, Plaintiff/Appellant, v. Scott Walton, Russell Guilfoyle, William “Bill” Higgins, Erin Oquin, Estate of Carl Williams, Sally Williams and Edith Singer, Defendants/Appellees. Appeal from the District Court of Rogers County, Oklahoma. Honorable Daman Cantrell, Trial Judge. Plaintiff/Appellant, Kirk Thacker, appeals from the trial court’s grant of Defendants’/Appellees’ summary judgment and motions to dismiss in Plaintiff’s defamation action. Appellant filed suit below for defamation of character, malicious prosecution, abuse of process and civil conspiracy. Summary Judgment was granted in favor of Appellees Williams and Motion to Dismiss based on 12 O.S. § 2012(B)(8) were granted in favor of Appellees Walton, Guilfoyle, Higgins, OQuin and Singer. Upon review of the record, this Court affirms the trial court’s order. Opinion by DOWNING, J.; BELL, P.J., and GOREE, J., concurs. Oct. 21, 2022
120,205 – In the Matter of H.A.G., E.A.S., and K.A.V.G., Alleged Deprived Children, Allana Greenwood, Appellant, v. State of Oklahoma, Appellee. Appeal from the District Court of Carter County, Oklahoma. Honorable Carson M. Broods, Trial Judge. Appellant, Allana Greenwood (Mother), appeals from the trial court’s order terminating her parental rights to her minor children, H.A.G., born January 6, 2015; E.A.S., born September 13, 2017; and K.A.V.G., born August 5, 2020, deprived children. Appellee, the State of Oklahoma (State), sought termination of Mother’s parental rights to H.A.G. and E.A.S. on the basis that Mother failed to correct the following conditions even though she was given more than three months to do so: Mother left the children unsupervised, she continued to physically and mentally abuse the children, she failed to provide a home that is free from domestic violence, Mother was convicted of physically abusing her child in Carter County District Court Case No. CF-2019-502, and Mother pled guilty to neglecting her children in Carter County District Court Case No CF-2018-597, Mother abused or neglected a sibling of the children and has failed to protect the children or a sibling of the children from abuse or neglect that is heinous or shocking. State also asserted termination is in the children’s best interest. We hold clear and convincing evidence supports the court’s determination that Mother’s parental rights should be terminated pursuant to 10A O.S. 2021 §1-4-904(B)(8)(d) on the basis that Mother was convicted of child abuse and neglect in an Oklahoma court of competent jurisdiction, and termination of Mother’s parental rights is in the children’s best interest. State also sought termination of Mother’s parental rights to K.A.V.G. on the basis that Mother was convicted of physically abusing a half-sibling of the child, and Mother plead guilty to neglecting the half-siblings of the child. The trial court determined K.A.V.G. is an Indian Child under the Oklahoma Indian Child Welfare Act, 10 O.S. 2021 §40.1 et seq., and the Indian Child Welfare Act, 25 U.S.C.A. §1901 et seq. (jointly ICWA), and that State met ICWA’s active efforts requirements. The trial court found State demonstrated beyond a reasonable doubt through the testimony of a qualified expert witness that Mother’s continued custody of the child is likely to result in serious emotional or physical injury/harm to the child. The court also found it would be in K.A.V.G.’s best interest to terminate Mother’s parental rights. After reviewing the record, we AFFIRM. Opinion by BELL, P.J.; GOREE, J., and DOWNING, J., concurs. Oct. 21, 2022
Division II
Division III
120,660 – Karen L. Pollet, Plaintiff/Appellant, v. J.C. Humphrey Abstract Company and Guarantee Abstract Company d/b/a Guarantee Abstract and Insurance Company, Defendants/Appellees. Appeal from the District Court of Garfield County, Oklahoma. Honorable Tom L. Newby, Trial Judge. Karen L. Pollet filed this lawsuit against an abstract enterprise alleging that it was negligent when it failed to ensure that the Deed to her home was conveyed to her and her late husband as joint tenants with right of survivorship as opposed to tenants in common. This action was initiated after the three children of Pollet’s late husband from a former marriage were awarded a one‑quarter interest in the Pollets’ home by a probate court following his death. The Defendants/Appellees, are J.C. Humphrey Abstract Company and Guarantee Abstract Company d/b/a Guarantee Abstract and Insurance Company (collectively “Humphrey Abstract”). Pollet appeals a Journal Entry of Judgment Granting Defendants’ Motion to Dismiss. The trial court, pursuant to 12 O.S. § 2012(B)(6), granted the Motion to Dismiss on the basis that, from the face of the Petition, it was clear that the action was barred by the statute of limitations. We AFFIRM the dismissal of the lawsuit with prejudice. Opinion by PRINCE, P.J.; MITCHELL, V.C.J., and SWINTON, J., CONCUR. Oct. 21, 2022
Division IV
120,109 – Derby Exploration, LLC, a Delaware limited liability company, Plaintiff/Appellee, vs. Comanche Exploration Company, LLC, an Oklahoma limited liability company, Defendant/Appellant. Appeal from the District Court of Dewey County, Hon. Justin P. Eilers, Trial Judge. Comanche Exploration Company, LLC (CEC) appeals the trial court’s denial of its motion for new trial following entry of summary judgment to Derby Exploration, LLC (Derby) finding it was entitled to 12% interest under the Production Revenue Standards Act (PRSA), 52 O.S. § 570.1 et seq. (OSCN 2022). CEC further appeals the trial court’s January 31, 2022 order awarding Derby an attorney’s fee and costs. We find the trial court did not err by granting summary judgment to Derby on its entitlement to 12% interest under the PRSA, or abuse its discretion in denying CEC’s subsequent motion for new trial. The trial court’s order awarding Derby an attorney’s fee and costs is also affirmed. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HIXON, J.; FISCHER, C.J., and BARNES, P.J., concur. Oct. 20, 2022
119,925 – Tina Muhammad, Plaintiff/Appellee, v. Malik Z. Shabazz, Esq., and Law Offices of Malik Z. Shabazz, Defendants/Appellants, and Bryan & Terrill Law, PLLC; Gregory L. Lattimer; Law Offices of Gregory L. Lattimer, PLLC; and Estate of Darius Robinson, Defendants/Appellees. Appeal from the District Court of Oklahoma County, Hon. Richard Ogden, Trial Judge. This case concerns a dispute among co-counsels regarding the appropriate division of a contingent fee fund awarded in a wrongful death action. Relevant to this appeal, Bryan & Terrill Law, PLLC, filed a Motion to Enforce Settlement seeking to enforce a settlement agreement between the co-counsels purportedly formed via email. Malik Z. Shabazz, Esq., and Law Offices of Malik Z. Shabazz appeal from the district court’s order granting this motion and allocating the contingent fee fund pursuant to the purported settlement agreement. Because we conclude no contract was formed by the emails in question, we conclude the district court erred in granting Bryan & Terrill Law’s Motion to Enforce Settlement. Thus, we remand this case for further proceedings. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS. Opinion from Court of Civil Appeals, Division IV, by BARNES, P.J.; FISCHER, C.J., and HIXON, J., concur. Oct. 19, 2022
119,990 – Casey Elizabeth Melton, Petitioner/Appellee, vs. Brian Scott Davis, Respondent/Appellant. Appeal from the District Court of Bryan County, Hon. Trace C. Sherrill, Trial Judge. Brian Scott Davis appeals the trial court’s Order Modifying Child Support. Based on our review of the record 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. Oct. 19, 2022