66 results for 'court:"Oklahoma Courts Of Appeal"'.
J. Wiseman finds the district court properly denied the funeral home's motion requesting a finding the decedent was estranged from his wife at the time of his death. The Oklahoma Funeral Board found the decedent's wife, and not his mother, had the right to control the disposition of the cremains after they were given to the mother, and assessed costs and fees against the funeral home. The court properly found that the funeral home lacked standing to seek a finding of estrangement. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Wiseman , Filed On: December 6, 2023, Case #: 119971, Categories: Civil Procedure, Family Law, Property
J. Prince finds the trial court properly granted summary judgment to the decedent's daughter in this determination of heirs contest. Though no statute of limitations bars the decedent's niece from bringing claims involving the enforceability of the acknowledgment of paternity, the claims do not require a reversal. Evidence involving the decedent's testamentary capacity included a previous criminal competency proceeding and the verdict in that case was insufficient to defeat the presumption favoring sanity and the capability to contract. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Prince , Filed On: December 6, 2023, Case #: 120941, Categories: Evidence, Wills / Probate, Competence
J. Rowland finds the district court improperly dismissed defendant's application for post-conviction relief in connection with his drug and firearms convictions and 77-year sentence. Defendant's application for post-conviction relief was dismissed as time-barred, having been filed more than one year after the convictions were finalized. No time limit existed when the convictions were affirmed, though a new statute later imposed the limit. A 1-year grace period is appropriate, as it affords affected petitioners as much time as their counterparts whose convictions became final after the limitations statute. Reversed.
Court: Oklahoma Courts Of Appeal, Judge: Rowland , Filed On: November 28, 2023, Case #: PC-2023-176, Categories: Drug Offender, Firearms, Sentencing
J. Hixon finds the trial court properly dismissed the insurance commissioner and receiver's suit alleging the holdings company misled the insurer as to the bank insurer's financial condition, causing it to overvalue its stock when deciding whether to purchase it. The commissioner/receiver filed a negligent misrepresentation action which was later voluntarily dismissed and filed a second suit after the limitations. They may not rely on the original action and the one-year savings statute because it was not dismissed until after the second suit was filed. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hixon , Filed On: November 16, 2023, Case #: 119910, Categories: Fraud, Insurance, Due Process
J. Musseman grants the state's request for a writ of mandamus to compel the judge to issue an arrest warrant for defendant, charged with the manufacture, possession and distribution of child pornography. The judge declined to sign the warrant after finding the offense occurred within Cherokee Nation boundaries. The state satisfied all statutory requirements and the judge specifically found probable cause, which triggered the plain legal duty to issue the warrant.
Court: Oklahoma Courts Of Appeal, Judge: Musseman , Filed On: November 16, 2023, Case #: MA-2023-623, Categories: Judiciary, Jurisdiction, Child Pornography
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. Fischer finds the district court properly certified the gas well royalty interest owners' case against the production company as a class action. That the company requires the owners to pay a share of the processing costs charged by midstream companies to remove liquids can be resolved on a class-wide basis because the company commingles gas before that processing occurs. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Fischer , Filed On: November 16, 2023, Case #: 119052, Categories: Energy, Class Action, Contract
J. Huber finds the district court properly granted summary judgment in favor of a fuel station brand in this breach of contract and fraud suit brought by an intervening minerals entity. The intervenor alleges that the fuel stations underpaid royalties on gas production. Class certification was originally denied in a related suit against British Petroleum due to the necessity for individual analyses. The tolling period for the statute of limitations ended upon the district court’s denial of class certification, not with the mandate after the appellate court affirmed the district court. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Huber, Filed On: November 16, 2023, Case #: 119379, Categories: Energy, Class Action, Contract
Per curiam, the Oklahoma Court of Criminal Appeals adopts new rules and amends existing rules regarding procedures for appeals. Felony and misdemeanor appeals are included within a particular class of appeals provided that certain provisions control in juvenile and capital cases. Certain sections remain unchanged and the computation of time for an appeal to be perfected is clarified.
Court: Oklahoma Courts Of Appeal, Judge: Per curiam, Filed On: November 7, 2023, Case #: CCAD-2023-1, Categories: Administrative Law, Judiciary
J. Prince finds the trial court properly denied the ex-husband’s motion to clarify the status of a legal separation entered by an Oklahoma court. Though the couple reconciled and lived together for 18 months after the order was entered, when they moved to Texas and the order was revived by the Texas court when incorporated into an eventual divorce decree, the previous reconciliation did not void the order. The order of separation was extinguished in Oklahoma once incorporated into the Texas divorce decree. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Prince, Filed On: November 2, 2023, Case #: 120388, Categories: Family Law, Due Process, Jurisdiction
J. Wiseman finds the trial court improperly granted summary judgment to the contractor which claims the pipeline company did not pay over $180,000 on invoices for a water pipeline construction. Though the contractor says that the pipeline company was victim of an email phishing scam, which resulted in its sending money to a third party, the pipeline company says that it was the contractor who fell victim to the scam that broached both their email addresses. The issues cannot be resolved at summary judgment and the court must determine to what degree each party is responsible. Reversed and remanded.
Court: Oklahoma Courts Of Appeal, Judge: Wiseman, Filed On: October 27, 2023, Case #: 119812, Categories: Construction, Evidence, Contract
J. Wiseman finds the trial court improperly reduced attorney fees awarded the husband after considering the divorced couple’s respective means and property. The court concluded that fees are warranted by “evidence concerning the acts and omissions of [the wife].” Though the court concluded that fees must be reasonable given that the requested amount would require the wife to pay her entire salary, the applicable test applies to whether the charged amount is reasonable, not the paying party’s financial circumstance. Reversed and remanded.
Court: Oklahoma Courts Of Appeal, Judge: Wiseman, Filed On: October 26, 2023, Case #: 120135, Categories: Family Law, Due Process, Attorney Fees
J. Prince finds the trial court properly denied the paternal grandmother’s motion to reconsider its denial of grandparent visitation rights. Though the relationships involved were complicated by the father’s having been incarcerated for the statutory rape of the 15-year-old mother, they were generally healthy until disputes arose between the mother and grandmother after the father’s murder. The mother testified that the grandmother refused to abide by requests not to post photos of her child on social media or to include them on a poster seeking information regarding the murderer. The evidence does not rise to a level justifying state interference into the mother’s decisions. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Prince, Filed On: October 19, 2023, Case #: 120758, Categories: Evidence, Family Law, Guardianship
J. Hixon finds the trial court properly denied the grandparents’ petition for visitation rights. The grandparents are the parents of the child’s father, who is not in the child’s life. The mother’s new husband has been granted adoption rights. The grandparents did not meet their burden to demonstrate entitlement to an order overriding a fit parent’s rights and compelling visitation. The court did not misinterpret the statute requiring the grandparents to rebut the presumption that the mother acted in the child’s best interest by denying visitation. Potential harm to the child is not supported by evidence. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hixon, Filed On: October 19, 2023, Case #: 120249, Categories: Evidence, Family Law, Guardianship
J. Fischer finds the trial court improperly granted summary judgment to the property owners in this suit brought by parties injured in a dog attack occurring on their property. Though the property owners are not owners of the dog for purposes of certain state and federal laws, disputed issues of fact concerning whether the owners breached their duty preclude summary judgment as to common law theory of liability. Affirmed in part. Reversed in part and remanded.
Court: Oklahoma Courts Of Appeal, Judge: Fischer, Filed On: October 19, 2023, Case #: 117997, Categories: Tort, Negligence, Premises Liability
J. Hixon finds the commission improperly determined that the gas purchaser and supplier were subject to day-to-day standalone contracts from the time the complaint was filed through its final order. The supplier filed its complaint with the commission asserting that fees and terms and conditions of a replacement contract were unjust and discriminatory. The supplier never accepted or executed the replacement contract and an interim arrangement was made between the companies pending the outcome of the underlying action. The commission has authority to adjust fees collecting during the period in which the complaint was pending in accordance with the final fee, and the supplier is not entitled to adjustment of fees paid before the complaint was filed. Affirmed in part. Reversed in part and remanded.
Court: Oklahoma Courts Of Appeal, Judge: Hixon, Filed On: October 12, 2023, Case #: 119361, Categories: Corporations, Energy, Contract
J. Swinton finds the trial court properly granted summary judgment to the estate representative on her claim for death benefits from a life insurance policy purchased by the retirement community for its executive director. After the executive director retired, the community did not offer to transfer the policy to him. His estate representative filed this suit after his death. Though the community claims it is exempt from the insurance statute requirement to transfer the policy as a charitable or religious organization, it is not exempt as an employer. No authority has been shown otherwise. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Swinton, Filed On: October 12, 2023, Case #: 120553, Categories: Employment, Insurance, Wills / Probate
J. Huber finds the Workers’ Compensation Commission properly reversed an administrative law judge’s decision denying the sandblaster’s claim for occupational silicosis and interstitial lung disease contracted in the scope of his employment. It is undisputed that the employee was a non-smoker, had not previously worked as a sandblaster, and was not exposed to dust outside of work. He also had no prior respiratory or lung issues, and this supports reversal. The record shows that the commission considered all evidence and did not make its decision arbitrarily. No error is found. The commission’s order is sustained.
Court: Oklahoma Courts Of Appeal, Judge: Huber, Filed On: September 28, 2023, Case #: 120569, Categories: Evidence, Health Care, Workers' Compensation
J. Hixson finds the trial court properly denied the grandparents and emergency coguardians of their daughter’s child’s motion to disqualify their daughter's attorney. The attorney worked in a law firm with a now deceased lawyer who represented the grandparents against their daughter in the initial guardianship proceedings and was responsible for disposing of his files. The trial court found the attorney’s testimony showing a lack of knowledge of confidential information was credible, and the grandparents’ evidence failed to show the attorney gained knowledge of any information that would jeopardize the trial’s integrity. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hixson, Filed On: September 21, 2023, Case #: 120831, Categories: Family Law, Guardianship
J. Hudson finds that the trial court properly convicted defendant for murder. Any cumulative effect of errors did not deprive defendant of a fair trial. The charge of concealing stolen property is dismissed due to insufficient evidence. The sentence for meth possession is modified from 10 years in prison to 5 years. Affirmed in part.
Court: Oklahoma Courts Of Appeal, Judge: Hudson , Filed On: September 21, 2023, Case #: 2023 OK CR 15, Categories: Murder, Sentencing, Weapons
J. Hixson finds the trial court improperly denied the property buyer’s motion for new trial after determining that the contract for deed was unenforceable being that only the seller had signed it. The contract was signed by the seller and, so, is enforceable against her according to Oklahoma title statutes. The fact that the buyer did not execute the agreement does render it invalid. Being the contract is enforceable, it granted equitable title to the buyer, making a constructive mortgage in favor of the seller. The buyer then defaulted, and the court properly granted judgment in favor of the seller on her breach of contract claim. Affirmed in part. Reversed in part and remanded.
Court: Oklahoma Courts Of Appeal, Judge: Hixson, Filed On: September 21, 2023, Case #: 120300, Categories: Property, Contract
J. Prince finds the trial court properly dismissed this suit brought by the former candidate for Oklahoma Labor Commissioner under a claim of slander after the House Chair of the Women’s Caucus challenged his record with minor children, mentioning “sworn affidavits by his previous wife” regarding corporal punishment of his children. The record contains only allegations of falsity or recklessness, and no facts or evidence. This fails to establish a prima facie case for slander. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Prince, Filed On: September 21, 2023, Case #: 121284, Categories: Evidence, Municipal Law, Defamation
J. Prince finds the trial court improperly denied the nonparties' motion to intervene in this suit alleging Farmer's bad faith denial of a homeowner's insurance claim. The District Court of Oklahoma County denied the interveners' request to access information subject to a protective order entered by the trial court in Payne County, and they assert that the information is essential to their cause of action. The interveners had standing to intervene in this action because the trial court did not comply with the Open Records Act when it allowed records in the court file to be sealed or to be filed by the parties under seal. The court did have discretion to deny the request for access to all discovery materials that were not filed of record. Reversed in part.
Court: Oklahoma Courts Of Appeal, Judge: Prince , Filed On: September 13, 2023, Case #: 120257, Categories: Insurance, Public Record, Discovery
J. Downing finds the trial court properly confirmed the arbitration award, vacating the later clarified award arising from a grievance filed by an officer who was terminated for violations discovered during an abandoned FBI investigation that led to an internal investigation. The arbitrator has stated that the issue presented on remand was the same as that presented at the time of the initial award: "Was [the officer's] employment... terminated for just cause?" Nothing about this issue included anything after the initial award, and the arbitrator exceeded his authority by issuing the clarified award because the issue of back pay during the pending litigation was not part of that originally presented. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Downing , Filed On: September 13, 2023, Case #: 120670, Categories: Arbitration, Employment, Police Misconduct
J. Hixson finds the trial court properly entered summary judgment against the trucking company in this suit alleging fraud, awarding a judgment of $96,000 against the company. The court determined that the judgment awarded against the non-party trucking company could be enforced under an alter ego theory of liability after the non-party ceased operations, with the company party to the suit maintaining the same customers. Undisputed material facts establish that the newly formed company is an instrumentality of the dissolved company — effectively the same entity with a different name. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hixson, Filed On: August 10, 2023, Case #: 120922, Categories: Fraud, Transportation, Damages
J. Downing finds the Workers Compensation Commission properly affirmed the Administrative Law Judge’s denial of disfigurement benefits for the employee who experienced a hernial rupture while raising the hood of a school bus. The employee received compensation for medical treatment and temporary total disability. According to Oklahoma Supreme Court precedent, limitations on hernia injury benefits “have been a part of the Oklahoma workers’ compensation scheme nearly since its inception in the early twentieth century.” Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Downing, Filed On: August 10, 2023, Case #: 121080, Categories: Employment, Health Care, Workers' Compensation
J. Musseman finds that the trial court properly found defendant guilty of possession of a firearm after prior felony conviction. Prior to trial, defendant remained in custody on other charges following his arrest and was not being held in custody on the instant charge. His right to a speedy trial was not violated. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Musseman , Filed On: July 27, 2023, Case #: F-2021-1157, Categories: Firearms, Speedy Trial
J. Fischer finds the district court properly denied the daughters' application to be determined pretermitted heirs and awarded one-third of the estate of their deceased mother. The daughters were not pretermitted heirs because the will provided for them, deviding a portion of the estate. The mother's holographic will was valid and unambiguous, and there is no evidence proving she intended to disinherit her daughters. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Fischer , Filed On: July 27, 2023, Case #: 120182, Categories: Property, Wills / Probate
J. Musseman finds that the trial court properly convicted defendant for multiple counts of child sexual abuse. The record shows that each child was under the domination of defendant when he committed the acts. The state chose to charge him with only one count of abuse for each child, and the jury was properly instructed, without objection, according to the uniform jury instruction based upon the child sexual abuse statute. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Musseman, Filed On: July 27, 2023, Case #: F-22021-431, Categories: Sex Offender, Child Victims, Jury Instructions
J. Bell finds the trial court properly granted summary judgment to the process server in this trespass action brought by the attorney. The process server entered the attorney's gated community through an open, unguarded gate, parked in front of the attorney's house and served him a subpoena when the attorney opened his door. Though the attorney says that everything within the gates constitutes his curtilage, he has no standing to maintain a trespass action as to neighborhood common areas, and none existed on his property upon which the process server could have trespassed, as members of the public have an implied consent to approach an unobstructed residence and knock on the front door. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Bell , Filed On: July 27, 2023, Case #: 121068, Categories: Municipal Law, Property
J. Lumpkin finds the trial court properly convicted defendant for lewd or indecent acts with a child under 16, sentencing him to 45 years in prison. The 10-year-old victim disclosed to her mother that she was sexually abused by defendant when they had lived in a trailer with defendant when she was between the ages of 6 and 8. Upon forensic interview she described accounts of blood-drawing oral and vaginal rape, during which the nurse said she became frightened and pulled a blanket over her, crossing her arms, and clinging to a baby doll. All evidence supports conviction. Defendant had also waived his right to confront the victim by counsel's strategy, choosing not to object to the nurse's testimony and letting that impersonal evidence be admitted rather than having the victim testify. This was a reasonable trial strategy and counsel was not ineffective for utilizing it. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Lumpkin , Filed On: June 30, 2023, Case #: F-2022-2, Categories: Evidence, Sex Offender, Child Victims