Dispositions Other Than By Published Opinion | Sept. 4 2024
Oklahoma Court of Civil Appeals
Division I
Division II
121,194 – Rent King, LLC, Plaintiff/Appellee, vs. Tyeashia M. Blackburn and Lezlie Freeman, Defendants/Appellants. Appeal from the District Court of Cleveland County, Hon. Nathaniel Hales, Trial Judge. Appellants Tyeashia M. Blackburn and Lezlie Freeman seek review of the trial court’s order in this forcible entry and detainer action. The very limited record presented provides no basis for reversal, and based on well-established appellate rules, we must affirm the trial court’s order. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; BARNES, C.J., and FISCHER, J., concur. August 28, 2024
121,602 – In the Matter of: C.K.T. and L.L.T., Alleged Deprived Children, Nicole Blosch, Plaintiff/Appellant, vs. State of Oklahoma, Defendant/Appellee. Appeal from the District Court of Grady County, Hon. Z. Joseph Young, Trial Judge. Nicole Blosch appeals a trial court order terminating her parental rights to her two minor children, CKT and LLT, after jury verdict. The principal issues in this case involving Indian children are (1) whether the trial court abused its discretion in admitting evidence, (2) whether the State of Oklahoma proved by clear and convincing evidence the elements necessary for termination of Blosch’s parental rights pursuant to 10A O.S. § 1-4-904(B)(5) & (B)(17), and (3) whether State proved beyond a reasonable doubt as required by the Indian Child Welfare Act that her continued custody of the children would result in serious emotional or physical harm to them. After review of the record and applicable law, we conclude Blosch failed to show the trial court abused its discretion in admitting evidence. We further conclude State met its respective burdens, and we affirm the order of the trial court terminating Blosch’s parental rights to CKT and LLT on the ground of failure to correct the condition of “possessing/using illegal drugs/addiction” and the ground of placement in foster care for six of the 12 months preceding the filing of the petition to terminate. We reverse the trial court’s decision to terminate Blosch’s parental rights for failure to correct the conditions of domestic violence and violent behavior because the jury did not find Blosch failed to correct these conditions. Accordingly, we affirm the trial court’s order in part and reverse in part. AFFIRMED IN PART AND REVERSED IN PART. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; BARNES, C.J., and FISCHER, J., concur. August 29, 2024
120,814 – In the Matter of the Adoption of V.Q.H., a Minor Child: David Yankovich and Morgan Yankovich, Appellants, vs. Andre Ren King, Appellee. Appeal from Order of the District Court of Oklahoma County, Hon. Sarah Murphy Bondurant, Trial Judge. David and Morgan Yankovich appeal the district court’s order denying their application to adopt the minor child VQH without the consent of the child’s biological father, Andre Ren King. The sole proposition of error raised in the Yankoviches’ brief in chief on appeal is that the district court’s determination that King’s consent to the adoption was required is against the clear weight of the evidence. After review, we have determined that this appeal has been rendered moot and therefore must be dismissed. AFFIRMED. Opinion from Court of Civil Appeals, Division II by FISCHER, J.; BARNES, C.J. and WISEMAN, P.J., concur. August 30, 2024
121,759 (Companion to Case No. 121,397) – In the Matter of the Estate of James Aaron Graves: James A. Graves, Jr., Petitioner/Appellant, vs. Dale Graves Gladfelder, Contestant/Appellee. Appeal from the District Court of Cleveland County, Hon. Bethany E. Stanley, Trial Judge. James A. Graves, Jr., appeals a trial court order awarding his sister and fellow trust beneficiary, Dale Gladfelder, attorney fees and costs in this action relating to their father’s trust. The appeal raises the questions of whether the trial court erred as a matter of law in awarding attorney fees or abused its discretion in setting the amount of the award. After review, we affirm the trial court’s finding that Dale is entitled to an award of attorney fees but reverse as to the amount of fees and costs and remand for further proceedings consistent with our Opinion. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; BARNES, C.J., and FISCHER, J., concur. August 30, 2024
Division III
121,453 – In re the Marriage of: Ashley M. Allison, Respondent/Appellant, v. Clinton P. Honn, Petitioner/Appellee. Appeal from the District Court of Garfield County, Oklahoma. Honorable Tom L. Newby, Trial Judge. Appellant, Ashley M. Allison (Mother) appeals the trial court’s order on her Motion to Modify Joint Custody Plan (Motion to Modify). Mother and Appellee, Clinton P. Honn (Father) were divorced, and agreed to a joint child custody plan for their child T.M.H. Mother filed her Motion to Modify when T.M.H. reached the age to attend school. After a hearing, the trial court found Father would remain the primary custodial parent and that T.M.H. would attend school in Enid where Father resided. The trial court modified the custody plan to accommodate same. After a thorough review of the record and the applicable law, we AFFIRM. Opinion by DOWNING, J.; MITCHELL, P.J., and GOREE, J., concur. August 30, 2024
Division IV
121,184 – Bank of Commerce, an Oklahoma banking corporation, Plaintiff/Appellee, vs. Christopher E. Poindexter, Defendant/Appellant, and Pridex Properties, LLC, an Oklahoma limited liability company, Defendant. Appeal from an Order of the District Court of Kiowa County, Hon. Emmit Tayloe, District Judge. The appellant and defendant, Christopher Poindexter, appeals the trial court’s decision to deny his motion to vacate the court’s order requiring him to pay the plaintiff and appellee, Bank of Commerce (BOC), attorney’s fees. Upon review, we find that the trial court’s denial was not an abuse of discretion and thereby affirm. Opinion from the Court of Civil Appeals, Division IV by BLACKWELL, J.; HUBER, P.J., and HIXON, J., concur. August 28, 2024
121,907 – In the Matter of J.B.-I., Y.B., A.I., Deprived Children, Elaina Ince, Appellant, vs. State of Oklahoma, Appellee. Appeal from the District Court of Oklahoma County, Hon. Angela Singleton, Trial Judge. Elaina Ince (Mother) appeals the trial court’s order terminating her parental rights. Mother alleges State failed to meet its burden of proof at trial to terminate her rights under the Indian Child Welfare Act (ICWA). 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.; HUBER, P.J., and BLACKWELL, J., concur. August 30, 2024