6 results for 'judge:"Wiseman "'.
J. Wiseman finds the trial court properly vacated the default judgment. The judgment was entered against the at-fault driver in this auto collision suit after the owner of the damaged company vehicle accused her insurer, Allstate, of using a valuation that did not consider the pandemic's effect on fair market value and inflation. The petition to vacate was filed and the court found the at-fault driver was not in default when the judgment was entered, nor was she provided proper notice. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Wiseman , Filed On: May 2, 2024, Case #: 121053, Categories: Insurance, Vehicle, Due Process
J. Wiseman finds the trial court properly awarded damages to the wife injured in the traffic accident. The driver of the at-fault vehicle admitted fault and the court awarded damages to the wife, who was driving, but not her husband, who was a passenger. The 5-mph collision occurred at an intersection, with one vehicle just beginning to move from a standstill and the other slowing down to make a turn. The husband and wife cannot prove reckless disregard. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Wiseman , Filed On: February 1, 2024, Case #: 120153, Categories: Tort, Vehicle, Damages
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. 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
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J. Wiseman finds the trial court improperly denied defendant���s petition for resentencing from his guilty plea conviction for attempted murder. The stated factual basis demonstrates that defendant stabbed the victim with the intent to kill during a gang-related fight, though defendant did not stipulate to the factual basis or otherwise admit the truth of the facts recited by the prosecution. The trial court improperly engaged in factfinding at the prima facie stage and erred in denying defendant���s petition without issuing an order to show cause and holding an evidentiary hearing. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Wiseman, Filed On: October 25, 2023, Case #: C096982, Categories: Murder, Sentencing, Due Process