Dispositions Other Than By Published Opinion | Oct. 4, 2023
Oklahoma Court of Civil Appeals
Division I
Division II
121,276 – City of Norman, Oklahoma, a municipal corporation, Petitioner/ Appellee, v. Kelly Lynn, Respondent/Appellant. Appeal from the District Court of Cleveland County, Hon. Leah Edwards, Trial Judge. Appellant Kelly Lynn was an elected Ward 3 Norman City Councilmember whose term of office expired July 5, 2023. On January 9, 2023, Mr. Lynn was sworn in as Municipal Judge for the City of Wewoka, Oklahoma. Appellee City of Norman brought this declaratory judgment action against Mr. Lynn asking the district court to declare that Mr. Lynn cannot simultaneously hold the office of Ward 3 councilmember and municipal judge pursuant to the prohibition in 51 O.S. 2021 § 6 against holding dual offices and that he de facto vacated the councilmember position when he accepted and assumed the duties of municipal judge. The district court subsequently granted City’s motion for summary judgment. As of July 5, 2023, Mr. Lynn’s term of office expired and the remedy he seeks – retention of his position as councilmember of Ward 3 and continued simultaneous service as municipal judge – is no longer at issue. Consequently, we dismiss the appeal as moot. APPEAL DISMISSED. Opinion from Court of Civil Appeals, Division II, by BARNES, V.C.J.; WISEMAN, P.J., and HIXON, J., concur. Sept. 27, 2023
120,979 – In the Matter of E.J. and M.J., Alleged Deprived Children: Carley Hulen, Appellant, v. State of Oklahoma, Appellee. Appeal from the District Court of Seminole County, Hon. Christopher Anderson, Trial Judge. In this deprived proceeding, Carley Hulen (Mother) appeals from an order of the district court terminating her parental rights to her minor children and also argues that the trial court erred in denying her motion to vacate the order of termination. We conclude the trial court did not abuse its discretion in denying Mother’s “motion to vacate” the termination of parental rights order and in finding that State demonstrated by clear and convincing evidence that termination of Mother’s rights is in the best interest of the children. Accordingly, we affirm. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by BARNES, V.C.J.; WISEMAN, P.J., and HIXON, J., concur. Sept. 27, 2023
120,750 – Discover Bank, Plaintiff/Appellee, v. Ben L. Strickland, Defendant/ Appellant. Appeal from the District Court of Oklahoma County, Hon. R. Trent Pipes, Trial Judge. Ben Strickland appeals the trial court’s summary judgment in favor of Discover Bank and its denial of his motion to vacate. Because Strickland failed to properly controvert Discover’s statements of material fact that were (1) supported by acceptable evidentiary material and that (2) established the existence of an agreement, a breach of that agreement, and damages, we see no trial court error as a matter of law in granting summary judgment. Strickland also filed a motion to vacate pressing many grounds including lack of standing, failure to prove damages, lack of jurisdiction over the subject matter, and misconduct of counsel. After reviewing the record and Strickland’s arguments for vacating the summary judgment, we conclude Strickland has failed to show the trial court abused its discretion in denying his motion to vacate. He has not shown that Discover, as the original creditor, lacked standing to sue for the debt or that the trial court lacked jurisdiction over the subject matter of the lawsuit, i.e., the credit card contract Discover claims Strickland breached by failing to pay the balance due under the contract. Strickland has not shown that his due process rights were violated or that Discover violated any statutes in attempting to collect this debt. The trial court correctly denied Strickland’s motion to vacate. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; BARNES, V.C.J., and HIXON, J., concur. Sept. 27, 2023
119,995 – Stephen J. LaForge, and Abby J. LaForge, husband and wife; Virginia Ramsey, an individual; Elverna Murray, an individual; Jerry Patrick, an individual; Sharlotte R. Key, an individual; David Elder, an individual; Ginny L. Howell, an individual; Rusty Watkins and Sonccia Watkins, husband and wife; Kimberly R. Powell, an individual; Stephen McMahan and Ronda G. McMahan, husband and wife; Roy D. Graham and Tracy D. Graham, husband and wife; Richard Q. Hart, Jr., and Lisa Hart, husband and wife; Jeff Hauser and Kayce Hauser, husband and wife; Bradley H. Ellis and Colette L. Ellis, husband and wife; and Barbara Pfenning, an individual, Plaintiffs/Appellees, vs. Kathryn D. Rowell, an individual, Defendant/Appellant, and City of Chickasha, an Oklahoma municipal corporation; City of Chickasha Planning Commission, a municipal planning commission, Defendants. Appeal from the District Court of Grady County, Hon. Scott D. Meaders, Trial Judge. Defendant Kathryn D. Rowell appeals the trial court’s order granting summary judgment in favor of Plaintiffs. She also appeals the trial court’s order directing the removal of her garage structure for violation of restrictive covenants. Defendant raises two issues on appeal: (1) disputed issues of material fact exist precluding summary judgment on Plaintiffs’ claim for violation of the covenants—namely, whether Defendant’s equitable defenses of abandonment, unclean hands, laches or unreasonable delay, or estoppel by acquiescence prevent enforcement of the covenants; and (2) whether as a matter of law 11 O.S. § 43-107 allows private citizens to seek removal of a structure after it has been permitted by a city. After de novo review, we are persuaded, as the trial court was, that Plaintiffs are entitled to summary judgment as a matter of law and entitled to enforcement pursuant to 11 O.S.2011 § 43-107. The trial court’s order is affirmed. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; BARNES, V.C.J., and HIXON, J., concur. Sept. 29, 2023
Division III
Division IV
120,196 – Sandra Chambers, Personal Representative for the Estate of Fred Chambers, Deceased, Plaintiff/Appellee, vs. EM Operations, LLC dba Medical Park West Rehabilitation and Skilled Care; and Stonegate Senior Living, LLC, Defendants/Appellants. Appeal from an Order of the District Court of Cleveland County, Hon. Jeff virgin, Trial Judge. EM Operations, LLC, d/b/a Medical Park West Rehabilitation and Skilled Care, and Stonegate Senior Living, LLC, appeal a decision of the district court finding that the estate of Fred Chambers alone—and not surviving spouse, Sandra Chambers, individually—was the “plaintiff” liable for fees resulting from an offer to confess judgment made pursuant to 12 O.S. § 1011.1. On review, we find no error in the decision of the district court and affirm. AFFIRMED. Opinion from the Court of Civil Appeals, Division IV by BLACKWELL, P.J.; FISCHER, J., and WISEMAN, J. (sitting by designation), concur. Oct. 2, 2023
120,703 – Joan S. Olejua, Petitioner, vs. Lopez Foods, Inc. and The Workers’ Compensation Commission, Respondents. Appeal from the Workers’ Compensation Commission. Joan S. Olejua appeals a decision of the Workers’ Compensation Commission finding that a claimed cumulative trauma injury to his foot was not compensable. On review, we affirm the decision of the Commission. AFFIRMED. Opinion from the Court of Civil Appeals, Division IV by BLACKWELL, P.J.; FISCHER, J., and HUBER, J., concur. Oct. 2, 2023
120,852 – Chasity Travis, individually and on behalf of her minor children; Michael Lavine, individually and on behalf of his minor children; Inez Russell-Travis; Jasmin Smith; and Deangelo Brown, Plaintiffs/Appellants, vs. Jude Offiah; Woodmen Financial Resources, LLC and Assurity Life Insurance Company, Defendants/Appellees. Appeal from the District Court of Oklahoma County, Hon. Anthony L. Bonner, Trial Judge. All plaintiffs appeal the summary judgment stating that their claims for fraud, breach of contract, and breach of fiduciary duty against all defendants were barred by the applicable statute of limitations. On review, 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. Oct. 2, 2023