Dispositions Other Than By Published Opinion | Sept. 17, 2025
Oklahoma Court of Civil Appeals
Division I
122,841 – Terra World, Inc., Plaintiff/Appellant, v. JMZ Corporation, d/b/a Kwikom, Defendant/Appellee. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Rebecca B. Nightingale, Trial Judge. Plaintiff, Terra World, Inc. (Plaintiff), sued JMZ Corporation (Defendant) over a dispute about internet addresses. Both parties are internet service providers. Plaintiff seeks a declaration that it is the rightful owner of the address rights and that it is entitled to damages for Defendant’s use of those rights. The trial court granted Defendant’s motion to dismiss the case pursuant to 12 O.S. §2012(B)(1) and then denied Plaintiff’s motion for new trial. We reverse the trial court’s decision, finding that the district court has subject matter jurisdiction, and that the Plaintiff has standing to bring these claims. REVERSED. Opinion by GOREE, P.J.; SWINTON, J., and PRINCE, J., concur. September 12, 2025
123,219 – American Builders & Contractors Supply Company, Inc. d/b/a ABC Supply Company, Plaintiff/Appellee, v. Global Contracting Services LLC f/k/a Ruhl Roofing & Sheet Metal, LLC and Daniel Asher Ruhl, Defendants/Appellants. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Daman H. Cantrell, Trial Judge. The Defendants/Appellants appeal the Journal Entry granting summary judgment in favor of the Plaintiff/Appellee, American Builders & Contractors Supply Company, Inc. d/b/a ABC Supply Company (“ABC”). ABC sued Global Contracting Services LLC f/k/a Ruhl Roofing & Sheet Metal, LLC and Daniel Asher Ruhl for nonpayment of building supplies which allegedly were provided to Global on credit. Global and Ruhl denied that Global had ordered the supplies. The trial court granted ABC’s Motion for Summary Judgment. We have reviewed the record and applicable law and find that, based on the appellate record, there exist a genuine issue of material fact. Thus, we REVERSE the award of summary judgment. Opinion by PRINCE, J.; GOREE, P. J., and SWINTON, J., concur. September 12, 2025
Division II
122,708 – James Allan McKray, Plaintiff/Appellant, vs. Danna Bernardi, Defendant/Appellee, and Ryan Peters and Darrell Cole, et al., Defendants. Appeal from an Order of the District Court of Murray County, Hon. Wallace Coppedge, District Judge. The plaintiff and appellant, James Allan McKay, appeals the trial court’s grant of the defendants’ motion to dismiss under the Oklahoma Citizens Participation Act (OCPA). Upon review, we find that the court properly granted the defendants’ motion and thereby affirm. AFFIRMED. Opinion from the Court of Civil Appeals, Division II by BLACKWELL, J.; WISEMAN, P.J., concurs, and FISCHER, J., concurs in result. September 11, 2025
Division III
121,940 – James W. Stover and Janet R. Stover, Husband and Wife, Plaintiffs/Appellants/Counter-Appellees, v. SS Sheridan, LLC, a Delaware Limited Liability Company, Defendant/Appellee/Counter-Appellant. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Douglas E. Drummond, Trial Judge. In this breach of lease/contract case, the owners of a self-storage facility, James W. Stover and Janet R. Stover, brought claims against the managing tenant of the facility, SS Sheridan, LLC, alleging the tenant impermissibly transferred its interest in the lease and violated multiple provisions of the lease regarding the management of the physical premises. A jury verdict resulted for the owners on all issues pertinent to this appeal, and the tenant moved for judgment notwithstanding the verdict. The court denied the motion as to the impermissible transfer of lease claim and granted the motion as to the management of the premises claims. Both parties appealed. Following de novo review, we hold the court erred in its denial of the tenant’s motion for judgment notwithstanding the verdict on the impermissible transfer of lease claim because the jury was instructed only as to the transfer of the lease, and there was no written document transferring the lease as required by Oklahoma law. See 16 O.S. 2021 §4(A). Further, we hold the court did not err in in its grant of the tenant’s motion for judgment notwithstanding the verdict on the management of the premises claims because the owners waived their right to pursue the claims through a series of affidavits they executed attesting there were no violations of the lease. Finally, the owners contend the court erred in its denial of their pursuit of a tort claim for trespass. We hold the court did not abuse its discretion in its denial of the owners’ motion to amend the pleadings to add the tort claim because the owners failed to initially plead a cause of action even though they were aware of the facts to support the allegation, and they failed to attempt to add the cause of action until the pretrial conference at which point the case had been litigated for two years. Judgment on the impermissible transfer of lease claim is REVERSED, judgment on all remaining claims is AFFIRMED. Opinion by MITCHELL, J.; BELL, C.J., and DOWNING, P.J., concur. September 12, 2025
123,049 – In the Matter of: K.H. & R.H., alleged deprived children, Quinten Howe, Appellant, v. State of Oklahoma, Appellee. Appeal from the District Court of Pottawatomie County, Oklahoma. Honorable Tracy McDaniel, Trial Judge. In this action to terminate parental rights, Appellant, Quinten Howe, the biological father of K.H. and the presumed father of R.H. (Father), appeals from the trial court’s order terminating his parental rights to the minor children. Father’s parental rights were terminated pursuant to 10A O.S. 2021 §1-4-904(B)(5) for failure to correct the conditions of lack of parental care and guardianship, substance abuse, threat of harm and failure to protect; and §1-4-904(B)(17) and (B)(18), due to the children’s ages and the length of time they have been in foster care. The court found the children are Indian children under the Oklahoma Indian Child Welfare Act (ICWA), 10 O.S. 2021 §40.1 et seq. The Citizen Potawatomi Nation Tribe (Tribe) intervened, and the Tribe’s expert witness testified at trial. The trial court found State demonstrated beyond a reasonable doubt by the testimony of a qualified witness that Father’s continued custody of the children is likely to result in serious emotional or physical harm to the children and that active efforts to provide remedial services and rehabilitative programs to prevent the breakup of the Indian family were made and have proven unsuccessful. The court also found by clear and convincing evidence that termination of Father’s parental rights was in the children’s best interests. After reviewing the record, we AFFIRM. Opinion by BELL, C.J.; DOWNING, P.J., and MITCHELL, J., concur. September 12, 2025
123,105 – Heirs of Cyrus Kingsbury Trust, through Trustees, Sheron Harrison, Donald E. Harrison, Michael A. Wilson, and Sylvia Y. Wilson, Plaintiffs/Appellants, v. George Dennett, Samuel Dennett, and their heirs, assigns, executors, devisees, trustees, and successors, known and unknown, and Herman Knippelmeier, and their heirs, assigns, executors, devisees, trustees, and successors, known and unknown, and Knippelmier Farm, LLC, Kinda K. Anderson, Mary K. Gerdes, Mardelle A. Amstutz, and persons holding an interest in certain real property, known and unknown, Fitzgerald Farming & Ranching, LLC, and Roy C. Koerner Revocable Trust, Defendants/Appellees. Appeal from the District Court of Grady County, Oklahoma. Honorable Kory Kirkland, Trial Judge. Appellants, Heirs of Cyrus Kingsbury Trust (Trust), appeal the trial court’s denial of Appellants’ request for continuance and Journal Entry of Judgment sustaining the motions for summary judgment filed by Appellees, Fitzgerald Farming & Ranching, LLC, Roy C. Koerner Revocable Trust, Mary K Gerdes, Mardelle A. Amstutz, Linda K Anderson, and Knippelmier Farm LLC. After a thorough review of the record and applicable law, this Court summarily AFFIRMS the trial court’s judgment PURSUANT TO OKLAHOMA SUPREME COURT RULE 1.202(a), (b), AND (e), 12 O.S.2021, Ch. 15, App.1. Opinion by DOWNING, P.J.; BELL, C.J., and MITCHELL, J., concur. September 12, 2025
Division IV
122,562 – In the Matter of E.G.L., Alleged Deprived Child: Daniel Rodriguez, Appellant, v. State of Oklahoma, Appellee. Appeal from the District Court of Texas County, Hon. Christine M. Larson, Trial Judge. In this deprived adjudication proceeding, Daniel Rodriguez (Father) appeals from an Adjudication Order finding E.G.L. deprived as to Father. We conclude the trial court did not abuse its discretion in allowing the foster parents to intervene in this adjudication proceeding. We further conclude the trial court’s determination that E.G.L. is deprived as to Father and that it is in his best interest to be adjudicated deprived are supported by a preponderance of the evidence. Accordingly, we affirm the adjudication order. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by BARNES, P.J.; HIXON, V.C.J., and HUBER, J., concur. September 11, 2025
122,392 — In re the Marriage of: Lila Reid, Petitioner/Appellant, vs. Ricky Reid, Respondent/Appellee/Counter-Appellant. Appeal from the District Court of Carter County, Hon. Ryan Hunnicutt, Trial Judge. Lila Reid (Wife) appeals the trial court’s Decree of Dissolution of Marriage. Wife asserts on appeal that the trial court erred in valuing the marital home and in not accounting for expenses she incurred for support of the parties’ minor child during the pendency of the divorce action when balancing the equities at the time of trial. Ricky Reid counterappeals. He asserts the trial court erred by designating real property as a marital asset rather than as separate property, and through improper valuation and division of his retirement account. Based on our review of the record and applicable law, we find that the trial court did not abuse its discretion and reject the parties’ propositions of error. We affirm the trial court’s Decree of Dissolution of Marriage. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, HIXON, V.C.J.; BARNES, P.J., and HUBER, J., concur. September 16, 2025