Dispositions Other Than By Published Opinion | Oct. 30, 2024
Oklahoma Court of Civil Appeals
Division I
119,791 – Tulsa Ambulatory Procedure Center, LLC. Oklahoma Pain & Wellness Center, PLC and Precision Analysis Laboratory, LLC, Plaintiffs/Appellants, v. Todd Olmstead, Defendant/Appellee, v. Dr. Jayen Patel, Third-Party Defendant. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Rebecca B. Nightingale, Trial Judge. Tulsa Ambulatory Procedure, LLC, Oklahoma Pain & Wellness Center, PLC and Precision Analysis Laboratory, LLC, Plaintiffs/Appellants, appealed a judgment following a non-jury trial in favor of Defendant/Appellee, Todd Olmstead, for breach of a contract to pay a performance bonus in an employment agreement. The judgment is supported by competent evidence and is AFFIRMED. Opinion by GOREE, J.; BELL, P.J., and MITCHELL, V.C.J., concur. Oct. 24, 2024
121,624 – U.S. Bank, N.A., not in its individual capacity but solely as Trustee for The RMAC Trust, Series 2016-CTT, Plaintiff/Appellee, and JPMorgan Chase Bank, N.A., and Pennymac Corp., Plaintiffs/Counter-Defendants, v. Darrell R. Watkins and Rebecca G. Watkins, Defendants/Counter-Claimants/Appellants, and Occupants of the premises and Armstrong Bank, Defendants. Appeal from the District Court of Wagoner County, Oklahoma. Honorable Jeff Payton, Trial Judge. Defendants/Appellants Darrell R. and Rebecca G. Watkins (Borrowers) appeal from an order denying their motion to vacate a summary judgment foreclosing on a note and mortgage held by Plaintiff/Appellee U.S. Bank, N.A., not in its individual capacity but solely as Trustee for the RMAC Trust, Series 2016-CTT (Bank). The record shows no abuse of discretion and we affirm. Opinion by SWINTON, P.J.; BELL, V.C.J., and PRINCE, J., concur. Oct. 24, 2024
Division II
121,828 (Companion with Case No. 121,839) – In the Matter of J.J., Jr., Alleged Deprived Child: Jeremiah Jenkins, Sr., Appellant, v. State of Oklahoma, Appellee. Appeal from the District Court of Oklahoma County, Hon. Kaitlyn G. Allen, Trial Judge. In this termination of parental rights proceeding, Jeremiah Jenkins, Sr. (Father) appeals from an order of the district court upon a jury verdict terminating his parental rights to his minor child, J.J., Jr. We conclude State has met its burden by clear and convincing evidence both as to the grounds for termination of Father’s parental rights and the finding that termination of his parental rights is in J.J.’s best interest and thus further conclude the trial court did not abuse its discretion in denying Father’s demurrer. Consequently, the trial court’s order of termination of Father’s parental rights to J.J. upon the jury’s verdict is not in error. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by BARNES, C.J.; WISEMAN, P.J., and FISCHER, J., concur. Oct. 25, 2024
121,839 (Companion with Case No. 121,828) – In the Matter of J.T. & J.J., Alleged Deprived Children: Tanaia Tate, Appellant, v. State of Oklahoma, Appellee. Appeal from the District Court of Oklahoma County, Hon. Kaitlyn G. Allen, Trial Judge. In this termination of parental rights proceeding, Tanaia Tate (Mother) appeals from an order of the district court upon a jury verdict terminating her parental rights to her minor children J.T. and J.J. We conclude State has met its burden by clear and convincing evidence both as to the grounds for termination of Mother’s parental rights and the finding that termination of her parental rights is in the children’s best interest. Thus, the trial court’s order terminating her parental rights to J.T. and J.J. upon the jury’s verdict is not in error. Accordingly, we affirm. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by BARNES, C.J.; WISEMAN, P.J., and FISCHER, J., concur. Oct. 25, 2024
122,057 – In the Matter of M.A.R., Alleged Deprived Child: Colista Randall, Appellant, v. The State of Oklahoma, Appellee. Appeal from the District Court of Payne County, Hon. Diane Vaughan, Trial Judge. In this termination of parental rights proceeding, Colista Randall (Mother) appeals from the trial court’s order terminating her parental rights to her minor child M.A.R. From our review of the record, Mother asserted her right to a jury trial and the record reflects no express waiver of that right, though she had notice of the trial date and failed to appear at the time set forth in that notice, because the court made no determination about whether her late arrival was without good cause. We thus conclude the trial court abused its discretion in determining Mother waived her right to a jury trial and proceeding with a bench trial. Accordingly, the order of termination is vacated, and the matter is remanded to the trial court for a new trial. VACATED AND REMANDED FOR NEW TRIAL. Opinion from Court of Civil Appeals, Division II, by BARNES, C.J.; WISEMAN, P.J., and FISCHER, J., concur. Oct. 23, 2024
Division III
121,278 – In re the Marriage of: Terra S. Maxey, Petitioner/Appellee, v. Justin L. Walker, Respondent/Appellant. Appeal from the District Court of Rogers County, Oklahoma. Honorable David Smith, Trial Judge. Appellant, Justin Walker (Husband) appeals from the trial court’s issuance of the Default Decree of Dissolution of Marriage (Decree). Based on our review of the record and applicable law, we reject Husband’s arguments and AFFIRM. Opinion by DOWNING, J.; MITCHELL, P.J., and GOREE, J., concur. Oct. 25, 2024
122,080 – Elbert Kirby, Jr., Plaintiff/Appellant, v. Rachelle Cachet Felts, Defendant/Appellee. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Daman H. Cantrell, Trial Judge. Plaintiff/Appellant Elbert Kirby, Jr. (Kirby) appeals from the trial court’s order sustaining the motion to dismiss filed by Defendant/Appellee Rachelle Cachet Felts (Felts). Felts’ husband, Chad Felts, recovered $3.5 million in a slip-and-fall lawsuit against QuikTrip in 2016. Kirby then sued Chad for breach of contract and quantum meruit, seeking payment for jury consulting work he provided in the QuikTrip suit. He claimed Chad had previously agreed but now refused to pay 5% of the recovery to Kirby. Chad died in 2022, before Kirby’s lawsuit could proceed to trial, and that matter is now stayed pending the outcome of this appeal. Kirby filed this lawsuit soon after Chad’s death requesting a constructive trust and a temporary injunction to prevent Felts from moving Chad’s recovery. After de novo review, we AFFIRM the court’s dismissal. Opinion by MITCHELL, P.J.; GOREE, J., and DOWNING, J., concur. Oct. 25, 2024
Division IV
122,137 – Rural Water District No. 6, Garfield County, Oklahoma, an agency and legally constituted authority of the State of Oklahoma, Plaintiff/Appellee/Counter-Appellant, vs. Max Peck, an individual, Defendant/Appellant/Counter-Appellee. Appeal from an Order of the District Court of Garfield County, Hon. Paul K. Woodward, Trial Judge. Max Peck (Peck) appeals an April 2, 2024, order granting summary adjudication to Rural Water District No. 6, Garfield County, Oklahoma, an agency and legally constituted authority of the State of Oklahoma (District), and dismissing Peck’s counterclaims. After de novo review, we find issues of material fact remain in dispute whether Peck was liable under the Oklahoma Underground Facilities Damage Prevention Act. The trial court’s order granting the District summary adjudication under the Act is therefore reversed. We further reverse the trial court’s dismissal of Peck’s counterclaims that asserted his interest in the real property was injured by the District’s actions. Based on our resolution of this appeal, the trial court’s denial of the District’s request for injunctive relief and punitive damages is reversed. The matter is remanded to the trial court for further proceedings. Finally, we affirm the court’s dismissal of Peck’s fourth, fifth, and sixth counterclaims because the regulatory statutes and regulations do not provide Peck with a private right of action. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS. Opinion from Court of Civil Appeals, Division IV, by HIXON, J.; HUBER, P.J., and BLACKWELL, J., concur. Oct. 24, 2024
122,127 — In the Matter of: K.J., K.J., T.J., and T.J., Alleged Deprived Children, Kimberly Augerbright, Appellant, vs. State of Oklahoma, Appellee. Appeal from an Order of the District Court of Oklahoma County, Hon. Kaitlyn Allen, Trial Judge. Kimberly Augerbright (Mother) appeals the trial court’s order terminating her parental rights to the minor children. Mother alleges State failed to present sufficient evidence to terminate her rights and that the trial court erred by not providing her with services and was biased. Based on our review of the record and the applicable law, we affirm the order. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HIXON, J.; HUBER, P.J., and BLACKWELL, J., concur. Oct. 29, 2024