Oklahoma Court of Civil Appeals | 2025
Decisions
IN THE MATTER OF: H.M.A.
2025 OK CIV APP 2
Case Number: 121224
Decided: 05/15/2024
Mandate Issued: 01/09/2025
¶1 Harold Allen (“Father”) appeals the trial court’s March 15, 2023 order terminating his parental rights to H.M.A. and J.H.A.1 He argues the court lacked subject matter jurisdiction to enter the order under the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA” or “the Act”), located at 43 O.S.2021, §§ 551-101 through 551-402. Based on our review of the record and applicable law, we find the record fails to show the court had jurisdiction to enter the order. We reverse the order and remand for further proceedings consistent with this Opinion without addressing the other issues Father raises on appeal.
BANK OF AMERICA v. STILL
2025 OK CIV APP 1
Case Number: 121129
Decided: 05/16/2024
Mandate Issued: 01/09/2025
¶1 The predominant issue before this court is whether it was error for the trial court to certify a class action that included non-resident class members contrary to 12 O.S. §2023(D)(3). We hold it was and reverse.
¶2 Bank of America, N.A. commenced this action to foreclose its mortgage against Linsey Still (Plaintiff).1 In her Third-Party Petition, Plaintiff sued her loan servicer, Selene Finance, LP, (Defendant) alleging it improperly charged inspection fees while she was in default even after it determined she was occupying her home. She moved the court to appoint her as representative of a class of borrowers in thirteen states who were charged the same type of fees by Defendant. The trial court certified the class and Defendant urges this was error because 12 O.S. §2023(D)(3) requires that class membership be limited to Oklahoma residents. Plaintiff contends Defendant waived operation of the statute or is estopped from relying on it.