66 results for 'court:"Oklahoma Courts Of Appeal"'.
J. Bell finds the trial court properly awarded attorney fees to the builder in its pursuit of a deficiency order against the engineer in the underlying foreclosure proceeding. The builder timely sought deficiency orders, which were final appealable orders made after judgment, also subject to vacation. The engineer triggered the statutory process to vacate these orders. When the appellate court vacated the orders and remanded the matter, the orders no longer had any force or effect, and the case was opened up for further proceedings. On remand, the trial court supplanted the vacated orders with a later deficiency order. Therefore, the later order stands as the post-foreclosure judicial determination of the deficiency amount. As the prevailing party, the builder is entitled to attorney fees. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Bell , Filed On: June 30, 2023, Case #: 119715, Categories: Construction, Contract
J. Lewis finds the trial court properly convicted defendant for murder, sentencing him to death. Here, his second application for capital post-conviction relief is denied. Review of defendant’s claims of ineffective assistance, including counsel’s failure to present evidence of defendant’s brain damage, fetal alcohol exposure, childhood trauma, trans-generational sexual abuse and history of mental illness in the penalty phase are procedurally barred in this second application. The record shows an aggravated brutal murder of a defenseless child by a defendant with no credible claim of innocence. The direct appeal was litigated by experienced counsel who presented cogent arguments. Direct appeal counsel also presented the court of appeals with a neuropsychological evaluation of defendant. Defendant has not shown that initial post-conviction counsel was ineffective. No evidentiary hearing is warranted under the standard.
Court: Oklahoma Courts Of Appeal, Judge: Lewis, Filed On: June 1, 2023, Case #: PCD-2022-1033, Categories: Death Penalty, Evidence, Murder
J. Blackwell finds the trial court properly divided certain jointly titled real estate and bank accounts as marital property in this divorce decree. The parties’ prenuptial agreement is characterized as not being particularly strong, stating an intent not to create joint property, but also contemplating transfers that could be considered to that ends. The question of intent as to the property had more than one possible answer, hinging mostly on the parties’ testimony. There is insufficient basis to overturn the ruling. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Blackwell, Filed On: June 1, 2023, Case #: 119055, Categories: Family Law, Property, Contract
J. Barnes finds the district court properly compelled arbitration in this suit brought by the property owner whose request to build a shed on his property was denied by the homeowners association. The owner argues that the HOA Declaration of Covenants, Conditions and Restrictions does not contain a complete arbitration agreement, saying the language is vague and unenforceable as written. But, because it does contain an agreement to submit to arbitration, the application of which to the present controversy isn’t challenged, and because no ground exists for the revocation of the agreement, it remains valid. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Barnes, Filed On: June 1, 2023, Case #: 120710, Categories: Arbitration, Property, Contract
J. Hixon finds the trial court properly granted summary judgment to the mental health facility who refused admittance to the potential psychiatric patient. The potential patient, a truck driver, was having a PTSD episode at a truck stop. Medical examination found meth in his system and the mental health facility refused him admittance based on the lack of clarity as to whether or not the episode was precipitated by a reaction to drugs or was a genuine schizophrenic episode. The driver was released from care and returned to the truck stop where he hassled another driver, stole a truck and was shot dead when he attempted to stab the other driver’s wife. No patient-physician relationship existed between the driver and the mental health facility based upon a “four minute” phone conversation between the original examiner and the psychiatrist. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hixon, Filed On: May 18, 2023, Case #: 119331, Categories: Health Care, Medical Malpractice
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J. Swinton finds the trial court improperly dismissed this negligence suit in its entirety, arising from a vehicle accident and injury. The at-fault driver was acting in the course of his employment with the political subdivision's community services, and the suit is properly dismissed against the individual. Yet, the community services company has not presented evidence that it was a designated community action agency at the time of the alleged injury; and the injured party’s affidavit indicates the community’s insurance agent told her she had two years to file, lulling her into giving untimely notice of her tort claim. Questions of fact remain as to whether the community is estopped from challenging liability on that basis. Affirmed in part. Reversed in part and remanded.
Court: Oklahoma Courts Of Appeal, Judge: Swinton, Filed On: May 18, 2023, Case #: 120367, Categories: Tort, Vehicle, Due Process