Dispositions Other Than By Published Opinion | Sept. 11 2024
Oklahoma Court of Civil Appeals
Division I
122,260 – Lotus Investment Fund I, LLC, Plaintiff/Appellee, v. L.B.W.S. Owasso, Inc., dba Keller Williams Premier, Defendant/Appellant. Appeal from the District Court of Washington County, Oklahoma. Honorable Russell C. Vaclaw, Trial Judge. This appeal is from an order granting a Motion for Summary Judgment in favor of the Plaintiff/Appellee, Lotus Investment Fund 1, LLC (“Lotus”). Lotus engaged Defendant/Appellant, L.B.W.S. Owasso, Inc., dba Keller Williams Premier (“LBWS”) to market and sell real estate. After the property was sold, Lotus disputed LBWS’s right to collect a commission for the sale of the property. Lawsuits were filed and Lotus ultimately filed a Motion for Summary Judgment asserting that LBWS should be precluded from any recovery on the basis of laches. The trial court granted summary judgment for Lotus and LBWS brought this appeal. Because we find that there are disputed issues of material fact, we REVERSE the Journal Entry of the trial court granting summary judgment to Lotus and the matter is REMANDED for further proceedings. Opinion by PRINCE, J.; BELL, V.C.J., and SWINTON, P.J., concur. September 5, 2024
Division II
121,997 – Tyler Niavarani, Plaintiff and Counterclaim Defendant/Appellee, vs. Geico Casualty Company and Old Republic Insurance Company, Defendants, vs. The Estate of Amy Logsdon, Defendant/Counterclaimant and Third-Party Petitioner/Appellant, vs. Nutra Blend, LLC, Third-Party Defendant/Appellee. Appeal from the District Court of Garfield County, Hon. Paul Woodward, Trial Judge. The Estate of Amy Logsdon appeals a trial court summary judgment entered in favor of Appellees Tyler Niavarani and Nutra Blend, LLC. The central issue in this vehicular collision negligence case is whether any disputed material facts exist that would defeat Appellees’ entitlement to judgment as a matter of law. After review of the summary judgment record, we conclude no disputed material issues of fact remain, and we affirm the trial court’s entry of summary judgment in favor of Appellees Tyler Niavarani and Nutra Blend, LLC. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; BARNES, C.J., and FISCHER, J., concur. September 10, 2024
Division III
121,196 – Garnie Louise Brinker, as Special Administrator of the Estate of George Warren Brinker, deceased; Garnie Louise Brinker, individually; and Denise Robin Hefner, individually, Plaintiffs/Appellants, v. The City of Wagoner, Oklahoma and The Wagoner Public Works Authority, Defendants/Appellees. Appeal from the District Court of Wagoner County, Oklahoma. Honorable Rebecca Hunter, Trial Judge. Plaintiffs/Appellants Garnie Louise Brinker (Brinker), both individually and as Special Administrator of the Estate of George Warren Brinker, and Denise Robin Hefner (Hefner) (collectively, Landowners) sued Defendants/Appellees the City of Wagoner, Oklahoma (Wagoner) and the Wagoner Public Works Authority (WPWA) (collectively, City) for negligence, nuisance, trespass, and breach of easement, claiming City was liable for damages caused by repeated spills of raw sewage on Landowners’ properties. A jury returned verdicts in City’s favor. We find the trial court erred by instructing the jury that City could not be liable if the spills (referred to as “bypasses”) were caused by “extraordinary and unusual rain.” The instruction was not an accurate statement of City’s liability under the Governmental Tort Claims Act, 51 O.S. §§151-172 (the GTCA or the Act), and it failed to instruct the jury on the fundamental issues of the case. The court additionally erred by refusing to allow Landowners to question City representatives about its budget and staffing. Because we reverse and remand for a new trial, we also vacate the court’s order awarding attorney fees and costs to City. Opinion by MITCHELL, P.J.; GOREE, J., concurs and DOWNING, J., concurs specially. September 06, 2024
122,298 – Douglas A. Scott and Mary H. Scott, Plaintiffs/Appellees, v. Joel Bernstein and Sarah Gordon, Defendants/Appellants. Appeal from the District Court of Washington County, Oklahoma. Honorable Linda S. Thomas, Trial Judge. Appellants Joel Bernstein and Sarah Gordon appeal the trial court’s June 7, 2024 Order Granting Summary Judgment in favor of Appellees Douglas Scott and Mary Scott. Based on our review of the record, we AFFIRM. Opinion by DOWNING, J.; MITCHELL, P.J., and GOREE, J., concur. September 06, 2024
Division IV
121,835 – Curtis A. Ford, individually and as Beneficiary and Successor Trustee of the Aland and Shirley Ford Family Trust, Plaintiff/Appellant, vs. Cheryl J. McCorkle, individually and as Trustee of the Alan and Shirley Ford Family Trust, Defendant/Appellee. Appeal from and Order of the District Court of Logan County, Hon. Louis A. Duel, Trial Judge. Curtis A. Ford appeals the district court’s June 10, 2023, order sustaining Cheryl J. McCorkle’s motion to dismiss and its November 14, 2023, journal entry denying his motion to reconsider and for leave to amend. The issue is whether Curtis had standing to maintain a lawsuit against Cheryl alleging a breach of her duties as Trustee of the Alan and Shirley Ford Family Trust. Based on our review of the record and applicable law, we reverse the court’s dismissal and remand this matter for further proceedings. REVERSED AND REMANDED. Opinion from the Court of Civil Appeals, Division IV by BLACKWELL, J.; HUBER, P.J., concurs, and HIXON, J., concurs in result. September 5, 2024
121,618 – Freedom Center, Inc., a non-profit Corporation, Plaintiff/Appellee, vs. Phillip O. Gates, an individual, Defendant/Appellant, and Carolyn Gates, an individual and Heir of Robert Lee Gates, deceased; and any and all known and unknown heirs, spouses, legates and devisees of Robert Gates, deceased; or any known or unknown entities or individuals who may or could claim an interest, Defendants. Appeal from the District Court of Oklahoma County, Hon. Don Andrews, Trial Judge. Phillip O. Gates (Gates) appeals the trial court’s order granting Freedom Center, Inc. (Center) summary adjudication in this ejectment and quiet title action. Based on our review of the record and applicable law, we affirm the trial court’s order finding Gates had no right, title, claim or interest in the real property; the Center was the owner of good and perfect title; and ejecting Gates from the property. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HUBER, P.J.; HIXON, J., concurs, and BLACKWELL, J., dissents. September 5, 2024
120,855 – Oklahoma State Department of Health, Petitioner/Appellee, vs. John Fleming, Real Party in Interest, Appellant, and Carol Shelley, Executive Director of the Oklahoma Merit Protection Commission, Respondent. Appeal from the District Court of Oklahoma County, Hon. C. Brent Dishman, Trial Judge. John Fleming, Real Party in Interest, appeals an Order Granting Petitioner’s Appeal of Final Agency Order and Petition for Injunction. We find the district court did not err in finding the Merit Protection Commission did not have authority to act after May 11, 2022, the emergency enactment of H.B. 3420, vacating all “orders, determinations, and decisions by the Oklahoma Merit Protection Commission [in this matter,] issued after May 11, 2022,” and transferring this case to the Office of Management and Enterprise Services. The district court’s Order Granting Petitioner’s Appeal of Final Agency Order and Petition for Injunction is affirmed. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HUBER, P.J.; HIXON, J., concurs, and BLACKWELL, J., dissents. September 9, 2024