Dispositions Other Than By Published Opinion | Sept. 6, 2023
Oklahoma Court of Civil Appeals
Division I
121,373 – Christian Properties, LLC, Plaintiff/Appellant,, v. Christian Stations, LLC, Defendant/Appellee. Appeal from the District Court of Comanche County, Oklahoma. Honorable Scott D. Meaders, Trial Judge. Christian Properties, LLC (Appellant), owned by Daisy Christian (Daisy), appeals from the Comanche County trial court’s granting of Summary Judgment based on Appellant’s claims being barred by res judicata. In 2009 and 2010, Appellant quit claimed two properties, The Elgin Store and The Catch, to Christian Stations, LLC (Appellee), which was solely owned by Jon Christian (Jon). Daisy and Jon were husband and wife. Two years later, a petition for dissolution of marriage was filed August 1, 2012, in Stephens County District Court. The decree of dissolution of marriage was filed on June 30, 2016. The claim of ownership of The Elgin Store and The Catch was raised and adjudicated in the divorce action in Stephens County, prior to summary judgment being granted in Comanche County on the same issues. Therefore, based on a review of the applicable law and facts, we AFFIRM. Opinion by DOWNING, J.; GOREE, P.J., and SWINTON, J., concur. August 30, 2023
Division II
121,124 – Darline K. Campbell, Plaintiff/Appellant, vs. Braum’s Inc., an Oklahoma corporation, Defendant/Appellee. Appeal from the District Court of Delaware County, Hon. Jennifer McAffrey, Trial Judge. Darline K. Campbell (Campbell) appeals the district court’s judgment granting Braum’s Inc. summary judgment. This case involves a slip and fall in a grocery aisle at a Braum’s store. The issue is whether Campbell presented argument and evidentiary materials sufficient to dispute Braum’s showing that it was entitled to summary judgment. Based on our review of this summary judgment record and applicable law, we find the district court properly granted Braum’s motion for summary judgment, and we affirm. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by HIXON, J.; BARNES, V.C.J., and WISEMAN, P.J., concur. August 31, 2023
120,983 – Brice Chaffin, and Reclaim Oklahoma Parent Empowerment Inc., Plaintiffs/Appellants, v. Independent School District No. 16 of Payne County, a/k/a Stillwater Public Schools; Dr. Camille DeYong, in her official capacity as President of Stillwater Public School Board and Ward 1 Board Member; Tim Riley, in his official capacity as Vice President of Stillwater Public School Board and Ward 2 Board Member; Tanya Massey, in her official capacity as Ward 3 Board Member; Melody Wright, in her official capacity as Ward 4 Board Member; Marshall Baker, in his official capacity as Ward 5 Board Member; and Gay Washington, in her official capacity as Interim Superintendent, Defendants/Appellees. Appeal from the District Court of Payne County, Hon. Stephen R. Kistler, Trial Judge. Plaintiffs Brice Chaffin and Reclaim Oklahoma Parent Empowerment Inc. appeal the trial court’s order granting Defendants’ cross-motion for summary judgment in this action arising from a public comment period during a Board of Education meeting. After a thorough review of the record, we conclude, as did the trial court, that summary judgment in Defendants’ favor was proper, and we affirm the trial court’s judgment. AFFIRMED. Opinion from Court of Civil Appeals, Division II, by WISEMAN, P.J.; BARNES, V.C.J., concurs, and FISCHER, J. (sitting by designation), concurs specially. September 1, 2023
Division III
120,369 – Tammy Oliger, Plaintiff/Appellant, v. Sandra Allison, Defendant/Appellee. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Clifford J. Smith, Trial Judge. This appeal is from a negligence action to recover damages from an automobile collision. Plaintiff/Appellant, Tammy Oliger, appeals from the trial court’s order dismissing her lawsuit against Defendant/Appellee, Sandra Allison. In the trial court proceeding, Defendant’s insurance company, State Farm Insurance Company (State Farm) filed a special entry of appearance and a motion to enforce a settlement agreement between Plaintiff, Defendant and State Farm. Plaintiff argued the trial court should convert the motion to enforce the settlement agreement into a motion for summary judgment and view the facts in a light most favorable to Plaintiff. Under this standard, Plaintiff contended reasonable persons would differ as to whether the parties mutually believed Plaintiff’s injuries were not serious when they negotiated the settlement; therefore, the settlement agreement would be unenforceable due to mutual mistake. The trial court sustained State Farm’s motion to enforce, denied Plaintiff’s motion to convert the enforcement motion into a motion for summary judgment, and dismissed Plaintiff’s lawsuit on the grounds that Plaintiff was barred from bringing the action pursuant to the settlement agreement. The court rejected Plaintiff’s claim that there was enough evidence to present a question of mutual mistake to a jury. We hold the trial court erred when it failed to convert the enforcement motion into a motion for summary judgment and when it failed to hold an evidentiary hearing upon the factual dispute of mutual mistake. The trial court’s judgment enforcing the settlement agreement and granting the dismissal is reversed and this matter is remanded to the trial court to hold an evidentiary hearing in conformity with this opinion. The trial court’s judgment is REVERSED AND REMANDED. Opinion by BELL, J.; MITCHELL, C.J., and PRINCE, P.J., CONCUR. September 1, 2023
120,748 – Lucretia Sue Harper, Cayce Leallen Harper, Natalie Joan Harper, and Gregory Wayne Harper, Plaintiffs/Appellees, v. Paul Hardcastle and Gloria Hardcastle, Husband and Wife, Defendant/Appellees. Appeal from the District Court of McClain County, Oklahoma. Honorable Charles Gray, Trial Judge. Plaintiffs/Appellees Lucretia Sue Harper, Cayce Leallen Harper, Natalie Joan Harper, and Gregory Wayne Harper (the Harpers) sought to partition two parcels of real property in McClain County, Oklahoma. Defendants/Appellants Paul Hardcastle and Gloria Hardcastle (the Hardcastles) challenge the trial court’s decision to confirm the commissioners’ report and order the properties for sale. The Hardcastles have not presented a record demonstrating the court’s decision was against the clear weight of the evidence or contrary to law. Accordingly, we AFFIRM. Opinion by MITCHELL, C.J.; PRINCE, P.J., and BELL, J., CONCUR. September 1, 2023
120,749 – Lucretia Sue Harper, Cayce Leallen Harper, Natalie Joan Harper, and Gregory Wayne Harper, Plaintiffs/Appellees, v. Paul Hardcastle and Gloria Hardcastle, Husband and Wife, Defendant/Appellees. Appeal from the District Court of McClain County, Oklahoma. Honorable Charles Gray Trial Judge. Plaintiffs/Appellees Lucretia Sue Harper, Cayce Leallen Harper, Natalie Joan Harper, and Gregory Wayne Harper (the Harpers) sought to partition two parcels of real property in McClain County, Oklahoma. Defendants/Appellants Paul Hardcastle and Gloria Hardcastle (the Hardcastles) challenge the trial court’s decision to confirm the commissioners’ report and order the properties for sale. The Hardcastles have not presented a record demonstrating the court’s decision was against the clear weight of the evidence or contrary to law. Accordingly, we AFFIRM. Opinion by MITCHELL, C.J.; PRINCE, P.J., and BELL, J., CONCUR. September 1, 2023
120,985 – Carlos Herrera-Chacon, Plaintiff/Appellant, v. State of Oklahoma ex. Rel., Service Oklahoma, Defendant/Appellee. Appeal from the District Court of Texas County, Oklahoma. Honorable Clark Jett, Trial Judge. This is an appeal from a Final Order of the trial court sustaining a revocation of a driver’s license for a period of one hundred and eighty (180) days. The Plaintiff/Appellant, Carlos Herrera‑Chacon, was arrested for driving under the influence (“DUI”) of alcohol in Texas County, Oklahoma. At the time of his arrest, Mr. Herrera‑Chacon refused to submit to a breathalyzer test. Service Oklahoma issued a Revocation of Mr. Herrera‑Chacon’s license and, pursuant to 47 O.S. § 6‑211, he appealed the revocation of his license to the trial court. The trial court held a hearing where the only witness to testify was the arresting officer. The arresting officer testified, in essence, that he had probable cause to arrest Mr. Herrera‑Chacon before administering any Standardized Field Sobriety Tests (“SFSTs”). The trial court sustained the revocation of the license and, after reviewing the record, we AFFIRM. Opinion by PRINCE, P.J.; MITCHELL, C.J., and BELL, J., CONCUR. September 1, 2023
Division IV
120,292 – In the matter of A.L., B.L., and J.L., deprived children: Holly Sheppard, Appellant, vs. State of Oklahoma, Appellee. Appeal from Order of the District Court of Cleveland County, Hon. Bethany Stanley, Trial Judge. Appellant Holly Sheppard (Mother) appeals the order of the district court denying her petition to reinstate parental rights and/or motion to vacate her consent to terminate parental rights. We hold that the district court properly evaluated Mother’s petition pursuant to the Oklahoma Children’s Code. We find no abuse of discretion in the district court’s determination that Mother failed to prove duress and fraud by clear and convincing evidence. We further find no abuse of discretion in the district court’s determination that reinstating Mother’s parental rights was not in the best interests of the children. The order of the district court is affirmed. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by FISCHER, J.; BLACKWELL, P.J., and HUBER, J., concur. August 30, 2023
120,391 – Michael Gross, Plaintiff/Appellant, vs. Loves’s Travel Stops & Country Stores, Inc., Defendant/Appellee. Appeal from Order from the District Court of Oklahoma County, Hon. C. Brent Dishman, Trial Judge, granting summary judgment to Defendant Love’s in this premises liability action. Gross filed this action against Love’s to recover for injuries he sustained in a slip and fall in one of the private restrooms equipped with a shower at Love’s truck stop. Love’s sought summary judgment on several grounds, including that the alleged hazardous condition causing Gross’s fall was open and obvious and that it had no notice and could not have had notice of the alleged hazardous condition in time to correct it or warn Gross of its presence. Review of the summary judgment record reveals unresolved issues of material fact regarding whether the alleged unsafe condition in the restroom had existed for a sufficient time for Love’s to have had actual or constructive knowledge of it and to have addressed it in the exercise of its duty to use ordinary care to maintain its premises in a reasonably safe condition for customers. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS. Opinion from Court of Civil Appeals, Division IV by FISCHER, J; BLACKWELL, P.J., and HUBER, J., concur. August 30, 2023
120,685 – Multiple Injury Trust Fund, Petitioner, vs. Dewey Wayne Hunter and The Workers’ Compensation Court of Existing Claims, Respondents. Appeal from an Order of a Three-Judge Panel of the Workers’ Compensation Court of Existing Claims, Hon. L. Brad Taylor, Trial Judge. The Multiple Injury Trust Fund (Fund) seeks review of an order of a three-judge panel which vacated the trial court’s order denying Claimant Dewey Wayne Hunter’s request for permanent total disability (PTD) benefits from the Fund. The panel entered a new order finding that, due to his most recent injury, in combination with all prior injuries and the material increase resulting therefrom, Claimant was permanently and totally disabled and entitled to an award against the Fund. Claimant’s most recent injury occurred in July 2008; therefore, the “any competent evidence” standard of review applies. Nomac Drilling LLC v. Mowdy, 2012 OK 45, ¶ 8, 277 P.3d 1282, 1284. Competing experts can have admissible opinions with varying probative value. Scruggs v. Edwards, 2007 OK 6, ¶ 21, 154 P.3d 1257, 1265. The probative value and weight to be given medical evidence is an issue for the Workers’ Compensation Court’s determination. The Workers’ Compensation Court’s order awarding Claimant PTD benefits from the Fund is supported by competent evidence in the record. Finding no legal error, we affirm the order. AFFIRMED. Opinion from Court of Civil Appeals, Division IV by FISCHER, J.; BLACKWELL, P.J., and HIXON, J. (sitting by designation), concur. August 31, 2023
120,794 – In the Matter of P.P., Alleged Deprived Children: Christy Baugh, Appellant, vs. State of Oklahoma, Appellee. Appeal from an Order of the District Court of Cleveland County, Hon. Bethany Stanley, Trial Judge. Christy Baugh appeals an order of the district court, issued after a jury trial, terminating her parental rights to minor child, P.P. It is not the function of this Court to reweigh the evidence but to determine if the evidence for termination “is such that a fact finder could reasonably form a firm belief or conviction that the grounds for termination were proven.” Matter of L.M.A., 2020 OK 63, ¶ 38. In this case, we find the evidence supporting the trial court’s judgment—based on the jury’s unanimous verdict—sufficient. AFFIRMED. Opinion from the Court of Civil Appeals, Division IV by BLACKWELL, P.J.; FISCHER, J., and HUBER, J., concur. August 31, 2023