7 results for 'judge:"Edmondson "'.
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
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. Edmondson finds the court of civil appeals improperly reversed the trial court���s holding that the insurance company���s release failed to include an assignment from the party injured in a car accident. The insurer disputed charges by the medical providers in its release and the trial court ruled that there was no assignment by the injured party. The Oklahoma Supreme Court finds there is no assignment in the release and no questions of fact. Without evidence of fraud, precontract negotiations are superseded by the release. The appeals court is vacated, and the matter is remanded to the trial court.
Court: Oklahoma Supreme Court, Judge: Edmondson, Filed On: November 7, 2023, Case #: 119644, Categories: Health Care, Insurance
J. Edmondson finds the court of appeals improperly reversed the trial court's summary judgment in favor of the petroleum lessor. Exhibits presented during summary proceedings were insufficient to show a material fact that a well was commercially profitable. An overriding royalty interest may be extinguished by an extinguishment of the working interest from which it was fashioned by the lessee's surrender in substantial compliance with the lease. The appeals court opinion is vacated. The trial court's judgment is reversed, and the matter remanded for further proceedings.
Court: Oklahoma Supreme Court, Judge: Edmondson, Filed On: September 19, 2023, Case #: 119810, Categories: Energy, Property, Contract
J. Edmondson recasts the appeal and requested extraordinary relief as an original jurisdiction supervisory proceeding with an application to assume original jurisdiction and a request for a writ of mandamus. The Oklahoma Supreme Court assumes original jurisdiction and issues the writ ordering the assigned judge in the district court to conduct a hearing on the motion to dismiss that was filed pursuant to the Oklahoma Citizens Participation Act. The district court's order denying the motion to dismiss as by operation of law is vacated with directions.
Court: Oklahoma Supreme Court, Judge: Edmondson , Filed On: September 19, 2023, Case #: 121230, Categories: Administrative Law, Jurisdiction
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Edmondson finds the trial court improperly granted summary judgment to the city in this suit brought by the hotel operator on claims that the Tulsa Tourism Improvement District was improperly created because more than 50% of hotel owners protested. The city has produced only disputed evidence, which is insufficient to support the court���s conclusion that certain ���Notices to the Public��� were not sufficient protests in writing because they were ���prepared, signed and delivered��� after the district was created. Reversed and remanded.
Court: Oklahoma Supreme Court, Judge: Edmondson, Filed On: June 13, 2023, Case #: 119662, Categories: Administrative Law, Municipal Law, Due Process
J. Edmondson finds the district court properly granted the state���s motion to dismiss this action filed by an attorney challenging a $10 ���Lengthy Trial Fund��� fee, alleging that it is unconstitutional. The relevant statute does not unreasonably create two classes of litigants similarly situated, and the attorney fails to state a claim. Affirmed.
Court: Oklahoma Supreme Court, Judge: Edmondson, Filed On: June 13, 2023, Case #: 120589, Categories: Administrative Law, Constitution, Judiciary