62 results for 'court:"Oklahoma Supreme Court"'.
Per curiam, the Oklahoma Supreme Court approves the Lee Griffin's resignation. Griffin is aware the bar is investigating grievances filed against her, including that she allegedly failed to disburse funds transferred to her upon the sale of marital property in three separate divorce proceedings, as well as failing to take action to seek grandchildren visitation rights on a client's behalf with attorney fees having been paid in advance. She also has pending criminal charges for embezzlement. The attorney's resignation was freely and voluntarily entered.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: May 6, 2024, Case #: SCBD-7650, Categories: Administrative Law, Fiduciary Duty, Attorney Discipline
Per curiam, the Oklahoma Supreme Court approves the Joseph Dewayne Kalka's resignation. Kalka pleaded guilty to charges of domestic abuse by attempted strangulation of his wife and striking her head, face and body. The attorney's resignation affidavit was freely and voluntarily entered, with full awareness of the consequences.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: May 6, 2024, Case #: SCBD-7576, Categories: Administrative Law, Assault, Attorney Discipline
J. Combs finds the district court properly terminated the mother and father's parental rights. The medical examiner testified the 15-year-old daughter reported abuse that had occurred for a number of years, which led to an examination confirming the abuse and the doctor's contacting police. Multiple witnesses with law enforcement and protective services testified to the mother and father's dismissive behavior and unwillingness to take part in a safety plan. The mother lacks standing to challenge the constitutionality of the Indian Child Welfare Act and the trial court did not violate her right to equal protection by failing to apply the Act's heightened burden of proof. Affirmed.
Court: Oklahoma Supreme Court, Judge: Combs , Filed On: April 23, 2024, Case #: 120910, Categories: Family Law, Native Americans, Guardianship
Per curiam, the Oklahoma Supreme Court approves Richard David Marrs' resignation pending disciplinary proceedings. Marrs is aware of allegations of his violations of rules of professional conduct and disciplinary proceedings. The attorney may apply for reinstatement after five years. His resignation was freely and voluntarily tendered, and he agrees to all conditions.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: April 15, 2024, Case #: SCBD-7599, Categories: Due Process, Attorney Discipline
J. Kauger, on certiorari, finds the court of appeals improperly affirmed the trial court's award of attorney fees. The homeowner had $51,000 in attorney fees awarded against him from his loss of a contract dispute over roofing work required by his bank. The order awarding attorney fees did not specifically set forth the facts and computation to support the award. Vacated.
Court: Oklahoma Supreme Court, Judge: Kauger, Filed On: April 8, 2024, Case #: 119432, Categories: Construction, Property, Attorney Fees
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J. finds the district court properly dismissed this suit alleging the board of education underfunded certain schools. The repayment audit was not performed by a state-approved auditor, and the school districts' filings raised an issue of standing. The school districts failed to establish they commenced their action before the lapse of state aid appropriations from which they sought additional funds. The school districts did not show funds they sought are based on appropriations that have not lapsed. Affirmed.
Court: Oklahoma Supreme Court, Judge: Winchester , Filed On: April 2, 2024, Case #: 121581 , Categories: Administrative Law, Education, Municipal Law
J. Rowe denies the Oklahoma governor's petition for declaratory relief that the senators lacked authority to pass bills relating to tribal compacts. The state sought agreements with tribes regarding a tobacco tax the U.S. Supreme Court had held could be collected on products sold on Indian lands to non-tribal members. The legislature had the constitutional authority to consider the bills during a concurrent special session and did not exceed the call of the special session with its legislation. The governor's authority to negotiate tribal compacts is statutory, not constitutional. The legislature did not infringe on the governor's authority to negotiate such compacts.
Court: Oklahoma Supreme Court, Judge: Rowe , Filed On: April 2, 2024, Case #: 121497, Categories: Government, Tax, Native Americans
Per curiam, the Oklahoma Supreme Court approves the bar's application to approve attorney Christopher Roberts Kelly's resignation. The bar's investigation into the attorney involved complaints of his failure to timely perform legal work after being paid a retainer, as well as his having been suspended from legal practice in another state. Kelly's affidavit of resignation reflects he voluntarily renders his resignation, was not coerced and is aware of the consequences.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: April 1, 2024, Case #: SCBD-7628, Categories: Administrative Law, Legal Malpractice, Attorney Discipline
J. Darby finds the trial court properly entered summary judgment in favor of Cessna. After the pilots were injured in a plane crash, they filed a negligence suit against Cessna alleging the company failed to revise its service manual to include a new part and installation instructions. The claim is subject to the General Aviation Revitalization Act's statute of repose. Cessna did not add or omit anything to the service manual that was a proximate cause of the accident in order to restart the statute. Affirmed.
Court: Oklahoma Supreme Court, Judge: Darby , Filed On: March 12, 2024, Case #: 121,203, Categories: Tort, Negligence, Aviation
J. Winchester finds the court of civil appeals improperly reversed the trial court's summary judgment in favor of the swimming pool owner. The mother seeks recovery from her child's drowning by a fall into her neighbor's pool. Though the trial court found the owner to have no duty of care, the appeals court concluded the question of whether or not the swimming pool was an attractive nuisance was for the jury to decide. The swimming pool is not defined as an attractive nuisance being there was no hidden or unusual element of danger in or near it. A genuine issue of material fact remains, though, as to whether the owner breached a duty owed under premises liability. Vacated.
Court: Oklahoma Supreme Court, Judge: Winchester, Filed On: March 12, 2024, Case #: 119,569, Categories: Negligence, Wrongful Death, Premises Liability
Per curiam, the Oklahoma Supreme Court reinstates Lyndon C. Taylor, who had resigned membership in the bar. The attorney has met all the procedural requirements, established he has not engaged in the unauthorized practice of law, and possesses the competency and learning in the law and good moral character required for reinstatement.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: March 11, 2024, Case #: 7550, Categories: Administrative Law, Attorney Discipline
J. Edmondson finds the trial court properly terminated the mother's parental rights. Findings regarding the mother's failure to protect, illegal drug use, financial and mental health instability, and incarceration, all support termination. Affirmed.
Court: Oklahoma Supreme Court, Judge: Edmondson , Filed On: March 5, 2024, Case #: 120735, Categories: Family Law, Due Process, Guardianship
Per curiam, the Oklahoma Supreme Court approves Guy Wade Jackson's resignation pending disciplinary proceedings. An emergency application for citation for indirect contempt of court was filed based on the attorney's continuous refusal to obey court orders related to attempts to collect judgments for $73,000 and $208,000, and an arbitration award for $9.9 million. The judgments and award were imposed for the attorney's misconduct involving his representation of several clients and trust beneficiaries. His affidavit of resignation was freely and voluntarily rendered.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: March 4, 2024, Case #: SCBD-7581, Categories: Administrative Law, Arbitration, Attorney Discipline
J. Winchester, on certiorari, finds the county court improperly denied the petition for expungement of criminal records. Though the court reasoned, and the appeals court affirmed, the petitioner was not qualified to seek relief because of an ongoing federal and Cherokee Tribe investigation, the investigation does not constitute pending charges. Since the court ruled solely on whether the petitioner was qualified, the state bureau of investigation did not present any evidence for the court to determine whether there was any public interest in keeping the records open. Vacated.
Court: Oklahoma Supreme Court, Judge: Winchester, Filed On: February 27, 2024, Case #: 119998, Categories: Civil Procedure, Public Record, Native Americans
J. Kauger grants the medical service district's application for a writ of prohibition. The worker who was injured when an ambulance collided with the tollbooth filed suit against the district after receiving worker's compensation benefits. The Governmental Tort Claims Act precludes liability because benefits have previously been awarded.
Court: Oklahoma Supreme Court, Judge: Kauger, Filed On: February 13, 2024, Case #: 121510, Categories: Tort, Immunity, Workers' Compensation
J. Rowe finds the court of appeals improperly reversed the trial court's finding the terminally ill patient's request for revocation of life support is weighed by the clear and convincing standard of proof. The appeals court found the proper standard to be preponderance of the evidence. The Oklahoma Advance Directive Act requires the advance directive for health care be honored during the patient's incapacity without court involvement. The trial judge properly weighed the evidence, which supported his judgment. An incapacitated or incompetent person retains the legal right to revoke their advance directive. Vacated.
Court: Oklahoma Supreme Court, Judge: Rowe , Filed On: February 6, 2024, Case #: 120500, Categories: Evidence, Health Care, Wills / Probate
J. Combs finds the court of appeals improperly vacated the trial court's granting of summary judgment to the oil production company. The trustees say they are entitled to a greater royalty according to a lease agreement executed by their predecessors-in-interest. The trial court properly applied the 15-year statute of limitation to the trustees' quiet title claim, and in determining the quiet title claim accrued more than 15 years ago. No error is found in the court's denying the trustees' motion to compel production of title opinions in the company's possession. Whether the trustees hold marketable title is distinct from the issue of which lease controls. Vacated.
Court: Oklahoma Supreme Court, Judge: Combs , Filed On: February 6, 2024, Case #: 119366, Categories: Energy, Property, Trusts
J. Edmondson finds the Workers' Compensation Commission improperly affirmed the judge's sustaining of the trust fund's motion to dismiss the claim for permanent total disability. The meaning used by the trust fund for "subsequent employer" in the relevant Oklahoma statute is incorrect. This definition was then used by the administrative law judge to deny the claim, and the commission's order was also based upon this incorrect meaning. Reversed.
Court: Oklahoma Supreme Court, Judge: Edmondson , Filed On: January 30, 2024, Case #: 120753, Categories: Due Process, Workers' Compensation
J. Combs finds the appeals court improperly vacated the trial court in an underlying action, in which a mother sought to have her husband adopt her out-of-wedlock child without the consent of the natural father. Though the appeals court agreed there was insufficient evidence the father willfully failed to support, it also found the mother had established a case the father did not maintain a substantial and positive relationship with the child. Evidence shows the mother would not give the father her address and blocked him on her phone and social media, and the father thought she and the child were living in another city based on the information he had. The trial court made no specific finding as to the sufficiency of the father's legal efforts to establish a relationship. Vacated.
Court: Oklahoma Supreme Court, Judge: Combs , Filed On: December 19, 2023, Case #: 120431, Categories: Evidence, Family Law, Guardianship
J. Kuehn finds the district court improperly found the transportation company's claims were only for property loss and statutorily capped at $25,000. The company submitted a Tort Claims Act claim to the state Risk Management Department after its truck was damaged, catching fire after a head-on collision with a vehicle owned by the state college and driven by a college employee. The office settled for the statutory amount of $25,000 and the company claimed consequential damages of $68,636. The relevant statute allows for separate claims for property loss and any other loss caused by the state, and the consequential losses are subject to the $125,000 cap. Reversed.
Court: Oklahoma Supreme Court, Judge: Kuehn , Filed On: December 19, 2023, Case #: 121252, Categories: Government, Tort, Vehicle
J. Darby finds the district court properly dismissed the purported pretermitted heir's petition to vacate the final decree in a probate case, seeking to intervene in the estate. The purported heir claims the decedent is his father, though this has not been adjudicated. Furthermore, he already had a presumed father, who is not the decedent, and he failed to show standing to intervene. Affirmed.
Court: Oklahoma Supreme Court, Judge: Darby , Filed On: December 19, 2023, Case #: 120989, Categories: Evidence, Wills / Probate
J. Winchester finds the district court properly quieted title to the property in favor of the party claiming title through a warranty deed. Though another party claims title to the property through adverse possession, possession alone is not sufficient, and the possessor cannot prove she adversely possessed the property for the 15 years required for the claim. Affirmed in part.
Court: Oklahoma Supreme Court, Judge: Winchester , Filed On: December 19, 2023, Case #: 120181, Categories: Civil Procedure, Property
J. Kuehn finds the trial court properly denied the daughter's motion to remove the administrator of her father's estate. The father was killed by a wrong-way driver, leaving only his daughters as heirs and no will. The daughter does not claim malfeasance, neglect or deficient performance by the attorneys handling the wrongful death suit. The trial court considered the testimony of both parties before concluding there was no reason to remove the appointed probate attorney. Affirmed.
Court: Oklahoma Supreme Court, Judge: Kuehn , Filed On: December 12, 2023, Case #: 120759, Categories: Wills / Probate, Wrongful Death
[Consolidated] J. Gurich finds the Workers Compensation Commission improperly denied payment on its award for permanent partial disability. The commission interpreted a certain statute to limit permanent partial disability benefits to 350 weeks, even though the claimant had not yet reached 100 percent impairment. The 100 percent limitation controls where a claimant has compensable awards for job-related injuries. Vacated.
Court: Oklahoma Supreme Court, Judge: Gurich , Filed On: December 12, 2023, Case #: 120189, Categories: Due Process, Workers' Compensation
Per curiam, the Oklahoma Supreme Court grants Jackie Dale Elsie's request to allow him to resign his membership in the bar and relinquish his right to practice law. Elsie admits to driving a motor vehicle while under the influence of alcohol and without valid driver's license. It is his sixth alcohol-related offense since his admission to the Oklahoma Bar Association. He freely and voluntarily rendered his resignation and was fully aware of the consequences.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: December 4, 2023, Case #: SCBD-7582, Categories: Evidence, Attorney Discipline
J. Darby finds the court of civil appeals improperly upheld the district court's decision to dismiss the putative father's petition to establish paternity. Though the mother says he did not timely commence the petition, the record fails to show when their relationship took place or concluded, or when he learned of the pregnancy or birth. The record also does not address when he came to believe the mother committed fraud by naming another man as the father on the acknowledgment of paternity. Vacated.
Court: Oklahoma Supreme Court, Judge: Darby , Filed On: November 14, 2023, Case #: 118267, Categories: Family Law, Fraud, Due Process
J. Combs, on interlocutory appeal, finds the trial court improperly denied the reproductive care advocacy group's request for a temporary injunction during its challenge of state abortion legislation. One challenged law creates penalties, including criminal sanctions, and provides paths for civil malpractice actions and professional discipline, while another requires certification before one can provide abortion-inducing drugs. Evidence shows the laws would place unnecessary burdens on lawful pregnancy termination. Vacated.
Court: Oklahoma Supreme Court, Judge: Combs, Filed On: November 14, 2023, Case #: 119918, Categories: Constitution, Health Care
J. Kuehn suspends James Harry Lockard from the practice of law as final discipline for his no-contest plea convictions for domestic assault and public intoxication. Lockard was arrested after his wife reported he had punched and kicked her, and grabbed her throat. He was found by police in a public area in pajama pants with no shirt, no shoes and one sock. Though he has shown remorse and willingness to change, mitigating evidence did not include proof of AA meeting attendance, urinalysis test results or testimony of his commitment to sobriety. The evidence lacked assurance that he is ready to continue representation of death row inmates without completing his criminal probation.
Court: Oklahoma Supreme Court, Judge: Kuehn , Filed On: November 14, 2023, Case #: SCBD-7505, Categories: Evidence, Attorney Discipline