6 results for 'judge:"Combs "'.
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
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. 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. 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
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J. Combs finds that the court of civil appeals improperly dismissed the borrower's counter-appeal arising from this foreclosure action. Evidence provided by the borrower supports the trial court's original decision to deny the motion for directed verdict and to submit the issue to the jury. The borrower was in default at the time the mortgage servicer began servicing her loan, in violation of the FDCPA. Reversed in part.
Court: Oklahoma Supreme Court, Judge: Combs , Filed On: September 12, 2023, Case #: 118680, Categories: Banking / Lending, Foreclosure, Attorney Fees