8 results for 'judge:"Prince"'.
J. Prince finds the trial court improperly dismissed the negligence action. The father and pediatric health care customer brought claims against the health care facility after a cyber-attack on health care records breached personal information. The father has standing, and there are questions of fact as to whether facility's choice of electronic records keeper was adequate to protect patients' personal information. Also, if a physician negligently discloses a patient's information through electronic or other means, the patient may maintain an action for damages in tort. Reversed in part.
Court: Oklahoma Courts Of Appeal, Judge: Prince , Filed On: February 1, 2024, Case #: 121682, Categories: Health Care, Fiduciary Duty, Negligence
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. 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. 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
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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. Prince finds the trial court properly granted summary judgment to the insured party, directing the Oklahoma Tax Commission to issue an original title, rather than a salvage title, for his damaged vehicle, though GEICO had determined repair costs at a total loss. Relevant statutes allow that an insurer’s determination of “total loss,” including the cost of repair, can represent a rule of procedure to establish a fact that may be argued in a civil action. The insured party is allowed to challenge GEICO’s determination of costs. Undisputed facts in the summary judgment record show that the insured was entitled to relief as a matter of law. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Prince, Filed On: May 15, 2023, Case #: 120906, Categories: Insurance, Tax, Due Process