Dispositions Other Than By Published Opinion | Sept. 7, 2022

Oklahoma Court of Civil Appeals

Division I

119,488 — In Re the Marriage of Lauren Kalow, Petitioner/Appellant, v. Robert Kalow, Respondent/Appellee. Appeal from the District Court of Garfield County, Oklahoma.  Honorable Dennis Hladik, Trial Judge.  In this proceeding to modify visitation, Petitioner/Appellant, Lauren Kalow (Mother), appeals from the trial court’s order modifying the visitation rights of Appellee/Respondent, Robert Kalow (Father).   The trial court modified Father’s visitation by requiring that all overnight visitations shall be supervised, and by prohibiting Father from transporting the children in any vehicle he is driving unless the vehicle has an ignition interlock device.  Mother asserts the trial court abused its discretion because it failed to suspend Father’s overnight visitation and it failed to require supervised daytime visitation.  Mother also asserts the trial court abused its discretion when it failed to include personal expenses paid from Father’s business account in Father’s gross income from self-employment, when it reduced Father’s child support obligation and when it made the reduced child support obligation effective as of the file date of Mother’s motion to modify.  This Court cannot find the trial court abused its discretion or held contrary to the evidence when it entered this order.  The trial court’s order is affirmed. Opinion by BELL, P.J.; GOREE, J., and DOWNING, J., concur. Sept. 1, 2022


119,991 —  In the matter of K.G. and M.G. Amanda Goleman, Natural Mother, Appellant, v. State of Oklahoma, Appellee.  Appeal from the District Court of Tulsa County, Oklahoma.  Honorable Theresa Dreiling, Trial Judge. Appellant, Amanda Goleman (Mother), appeals from a judgment, entered on a jury verdict, terminating her parental rights as to two of her children, M.G. and K.G. Appellee, the State of Oklahoma (State), filed Petitions to have the children adjudicated deprived primarily as a result of Mother’s substance abuse and failure to provide a suitable home. M.G. was removed from Mother’s custody during June, 2018, and K.G. was removed from Mother’s custody at birth during February, 2019. The State subsequently filed motions to terminate Mother’s parental rights. The matter proceeded to trial during September, 2021, and Mother’s parental rights were terminated. Mother makes multiple arguments that she was not provided proper procedural due process, and multiple arguments that the State failed its burden of clear and convincing evidence. We have reviewed the record and are not persuaded by Mother’s arguments. The orders terminating Mother’s parental rights to M.G. and K.G. are AFFIRMED. Opinion by Downing, J.; BELL, P.J., and GOREE, J., concur. Sept. 1, 2022

Division II

120,063 — Robert Long, Plaintiff/Appellant, vs. The City of Perry, Defendant/Appellant.  Appeal from an Order of the District Court of Noble County, Hon. Nikki G. Leach, Trial Judge.  The plaintiff, Robert Long, appeals the trial court’s denial of his motion to vacate a journal entry dismissing, with leave to amend, his breach of contract claim against the City of Perry.  He also appeals a later order dismissing his action, with prejudice, for failing to amend within the time allowed for amendment. Upon review, we affirm both orders.  AFFIRMED.  Opinion by the Court of Civil Appeals, Division II by BLACKWELL, J.; FISCHER, C.J. (sitting by designation), concurs, and WISEMAN, P.J., concurs in result. Aug. 31, 2022


120,349 — Great Plains Land Company, LLC, a domestic limited liability company, Plaintiff/Appellant, vs. Red Cedar Land Company, LLC, a foreign limited liability company, Defendant/Appellee.  Appeal from an order of the District Court of Oklahoma County, Hon. Anthony Bonner, Trial Judge.  Great Plains Land Company, LLC, appeals trial court orders denying its motion to reconsider and sustaining the motion to dismiss filed by Red Cedar Land Company, LLC.  Because we find the trial court lacked personal jurisdiction over Red Cedar, we must conclude the court did not err in dismissing Great Plains’ lawsuit.  As a result, the trial court did not err or abuse its discretion in denying Great Plains’ motion to vacate because the dismissal was proper.  Finding no error, we affirm the trial court’s dismissal of Great Plains’ lawsuit as well as its denial of Great Plains’ motion to reconsider that ruling.  AFFIRMED.  Opinion from the Court of Civil Appeals, Division II, by WISEMAN, P.J.; BLACKWELL, J., and FISCHER, C.J. (sitting by designation), concur. Sept. 2, 2022

Division III

119,583 — Vici Community Development Corporation, Plaintiff/Appellee, vs. Arleta Watson, Defendant/Appellant. Appeal from the District Court of Dewey County, Oklahoma.  Honorable Justin P. Eilers, Trial Judge. Defendant/Appellant Arleta Watson appeals from an order denying her motion to dismiss and granting an order of possession against her in a case brought by Plaintiff/Appellee Vici Community Development Corporation for forcible entry and detainer.  Because there is a pending federal court proceeding involving overlapping issues with the order below and the trial court did not consider the impact of the federal case, we cannot do so for the first time on appeal.  The order of the trial court is reversed and remanded for proceedings consistent with this opinion. Opinion by SWINTON, J.; MITCHELL, V.C.J., and PRINCE, P.J., concur. Sept. 1, 2022


119,692 — Loroan Verners, as Guardian of Guessiniai Verners, an incapacitated person, Plaintiff/Appellant, vs. Cox Building Company, Inc., a Domestic For-Profit Business d/b/a Senior Suites Healthcare (c/o Steve Cox, Registered Agent/Owner), Defendants/Appellees, and Arvid Lade M.D., an individual, Defendant. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Daman H. Cantrell, Trial Judge. Plaintiff/Appellant Loroan Vertners (Guardian), as Guardian of Guessiniai Vertners (Ward), appeals from judgment entered in favor of Defendant/Appellee Cox Building Company, Inc., d/b/a Senior Suites Healthcare (Senior Suites) following a jury trial of Guardian’s negligence claim. Guardian alleged Senior Suites negligently caused Ward’s infection and complications while Ward was staying at Senior Suites for surgery rehab.  We find no abuse of discretion in the challenged decisions on evidence and no error in the denial of a requested instruction.  We affirm. Opinion by SWINTON, J.; MITCHELL, V.C.J., and PRINCE, P.J., concur. Sept. 1, 2022

Division IV

119,722 (Consolidated with Case No. 119,730) — In the matter of K.N., K.N., K.N., L.N., R.N., Jr., alleged deprived children:  Rubin Newman, Appellant, and Megan Bradley, Appellant, vs. State of Oklahoma, Appellee.  Appeal from Order of the District Court of Oklahoma County, Hon. Cassandra Williams, Trial Judge.  Appellants Rubin Newman and Megan Bradley appeal the district court’s decree entered on jury verdict terminating their parental rights to their minor children.  After reviewing the record, we find that the jury’s determination that Megan failed to correct the conditions that led to the children’s deprived adjudication due to lack of proper parental care and guardianship, neglect, threat of harm, and substance abuse is supported by clear and convincing evidence.  We find that the jury’s determination that Rubin failed to correct the conditions that led to the children’s deprived adjudication due to lack of proper parental care and guardianship, neglect, threat of harm, and mental health is supported by clear and convincing evidence.  We further find clear and convincing evidence that supports the jury’s determination that termination of parental rights is in the best interest of the children.  The record supports the district court’s finding that the Indian Child Welfare Act is inapplicable to this case.  The district court’s decree terminating parental rights to the five minor children is affirmed.  AFFIRMED.  Opinion from the Court of Civil Appeals, Division IV, by FISCHER, C.J.; BARNES, P.J., and HIXON, J., concur. Sept. 2, 2022


119,201 — Brown & Gould, PLLC, Petitioner/Appellee, vs. Samuel J. Tucker, Respondent/Appellant.  Appeal from the District Court of Oklahoma County, Hon. Robert Trent Pipes, Trial Judge.  Samuel J. Tucker (Tucker), pro se, appeals the trial court’s order denying his motion for new trial.  Tucker’s assertions of trial court error are too vague and general to apprise the trial court meaningfully of the reasons for seeking relief and likewise insufficient to preserve any errors for appellate review.  For this reason, Tucker’s appeal is dismissed.  DISMISSED.  Opinion from Court of Civil Appeals, Division IV, by HIXON, J.; FISCHER, C.J., and BARNES, P.J., concur. Sept. 1, 2022


119,849 — Thai Dang, Plaintiff/Appellant, vs. United Airlines, Defendant/ Appellee.  Appeal from the District Court of Oklahoma County, Hon. April D. Collins, Trial Judge.  Thai Dang (Dang), pro se, appeals the trial court’s Journal Entry of Judgment awarding him $12.00 in damages in this small claims action.  Based on our review of the record and applicable law, Dang’s appeal is dismissed for repeated failures to comply with Supreme Court Rules.  DISMISSED.  Opinion from Court of Civil Appeals, Division IV, by HIXON, J.; FISCHER, C.J., and BARNES, P.J., concur. Sept. 1, 2022


120,518 — In re the Marriage of:  Marshal Shane Buttery, Petitioner/Appellee, vs. Kimberly Gail Buttery, Respondent/Appellant.  Appeal from the District Court of Sequoyah County, Hon. Kyle Waters, Trial Judge.  Kimberly Gail Buttery (Wife) appeals the district court’s Order granting summary judgment in favor of Marshal Shane Buttery (Husband).  The seminal issue is whether the district court properly granted summary judgment to Husband based on the interpretation of the parties’ previously filed “Decree of Dissolution of Marriage” (Decree).  Based on our review of the record and applicable law, we find the district court properly interpreted the Decree and granted Husband’s motion for summary judgment.  We affirm the Order.  AFFIRMED.  Opinion from Court of Civil Appeals, Division IV, by HIXON, J.; FISCHER, C.J., and BARNES, P.J., concur. Sept. 1, 2022