COMBS, J.: 1 Ada Electric Cars, LLC (Plaintiff/Appellant) filed this lawsuit against Thomas Kemp Jr., Jerry Johnson, Dawn Cash, and Rick Miller (collectively, Defendants/Appellees), members of the Oklahoma Tax Commission (OTC), in their individual capacities, in response to the OTC's denial of a statutory tax credit for certain models of Tomberlin low-speed electric vehicles (LSVs) sold by the Appellant to its customers. The statutory tax credit was originally enacted in the 1990s, and the...
COMBS, J. 1 Petitioner, Vincent James Hogg, Sr., (Petitioner) seeks review of a June 28, 2012, order of the Workers' Compensation Court pursuant to 85 O.S.2011, 340. The order denied Petitioner workers' compensation benefits based upon the trial court's interpretation of 85 O.S.2011, 312(3). We disagree with the trial court's findings and reverse and remand for further proceedings consistent with this opinion. FACTS 2 Petitioner was employed by the Oklahoma County Juvenile Detention...
WINCHESTER, J. 1 Samantha Million (hereinafter Plaintiff) brought a claim on May 26, 2006, against her male cousin, Jay Scott Million (hereinafter Defendant) for multiple acts of sexual abuse against her when she was a minor. Defendant advised this Court in his Petition for Writ of Certiorari that during the time this matter was pending on appeal, Plaintiff passed away. The District Court of Cleveland County appointed Kenneth M. Million, Plaintiff's father, as Representative of Plaintiff. On...
KAUGER, J. 1 The Oklahoma Capital Improvement Authority (OCIA) has applied for the Court's approval of revenue bonds pursuant to 73 O.S. Supp.2009 336. 1 We determine that the proposed bonds are unconstitutional. Accordingly, we deny the application. FACTS AND PROCEDURAL HISTORY 2 In 2009, the Oklahoma Legislature passed Senate Bill No. 239 which became codified at 73 O.S. Supp. 2009 336. 2 This statute concerns the Arkansas River, it authorized the OCIA to improve the City of...
REIF, J.: 1 The issue presented on certiorari review is whether an employee in district court pled sufficient facts to plausibly demonstrate that employer's conduct was intentional under the substantial certainty standard, removing the claim from the exclusive remedy of the Workers' Compensation Act. We hold that the employee's petition was sufficient to withstand the employer's dismissal motion. Accordingly, we reverse the trial court's dismissal of the employee's action, and remand the...
COLBERT, V.C.J. 1 This Court granted certiorari review of a certified interlocutory order to address two issues which concern modification of child support: (1) Was a motion to modify properly before the district court for its determination (2) Do the four corners of the divorce decree in this matter demonstrate the parties' intent to be free of the statutory provisions concerning modification of child support This Court holds the procedural vehicle utilized to place the motion to modify...
WINCHESTER, J. 1 On July 19, 2008, Timothy Slawson and George Wesley Kellogg were involved in a motor vehicle accident on a county road near the intersection of Bryant and Simmons in Guthrie, Oklahoma. This accident led to serious injury of Slawson and death of Kellogg. Slawson, and George Kellogg, the personal representative of the estate of George Wesley Kellogg, ("plaintiffs") assert that the Board of County Commissioners of Logan County, a governmental entity ("defendants"), were...
WINCHESTER, J. 1 The United States Bankruptcy Court for the Western District of Oklahoma certified a question of law pursuant to 20 O.S. 2011, 1601 et. seq. The question presented is: "May a certificate of title for a vehicle issued by the Oklahoma Tax Commission be deemed to have been `properly issued', within the meaning of OKLA. STAT. tit. 47 1110.A.1, even though the vehicle is not one for which a certificate of title is required as proof of ownership under applicable Oklahoma law...
EDMONDSON, J. 1 A Decree of Divorce entered August 1, 2008, granted the parties a divorce and awarded the appellee (Mother) $24,480.00 in support alimony, to be paid at the rate of $340.00 per month for a period of seventy-two months, and awarded child support in the amount of $1,058.85 per month. The award was based on the appellant's income of $5,021.00 per month as a school principal in the Allen Public School System. The appellant (Father) lost his job at Allen Public Schools and has not...
ORDER 1 On September 18, 2012, we promulgated State ex rel. Oklahoma Bar Ass'n v. Moon, 2012 OK 77, 295 P.3d 1 . In Moon, the attorney was publicly censured and a deferred suspension period of two years and one day was imposed. During the period of suspension, Moon was ordered to: refrain from any and all use of alcohol or mindaltering substances; not partake of any illegal drugs; maintain participation in Alcoholics Anonymous, attend weekly meetings; sign and comply with conditions of...
REIF, J.: 1 The issue in this case is whether the parties' dispute over a provision in their lease for a shopping center store must be resolved under the arbitration provision in the lease or can be resolved by a proceeding in district court. The disputed provision provides that landlord KWD would not alter the exterior of the shopping center without the consent of tenant Ross Dress for Less. KWD admits that it allowed another tenant to alter the shopping center's exterior at that tenant's...
GURICH, J. Facts & Procedural History 1 In August of 2009, Samson Resources Company owned oil and gas leases covering 87.78 mineral acres in Roger Mills County, Oklahoma, including the Schaefer Lease. The Schaefer Lease covered 70 net acres in the Southwest Quarter of Section 28 and had a three-year primary term that ended on November 22, 2007. If drilling operations were commenced by the end of the primary term, the lease would continue so long as such operations continued. If drilling...
COLBERT, V.C.J. 1. Complainant, Oklahoma Bar Association (OBA), filed a fourteen-count complaint against Respondent, John B. Hill, pursuant to Rule 6, of the Rules Governing Disciplinary Proceedings, (RGDP), Okla. Stat. tit. 5, ch. 1, app. 1-A (2011), for violating the Oklahoma Rules of Professional Conduct, (ORPC), Okla. Stat. tit. 5, ch. 1, app. 3-A (2011). 1 The OBA and Respondent then entered into a stipulation of facts and mitigating factors. A panel of the Professional Responsibility...
COMBS, J. FACTUAL BACKGROUND AND PROCEDURAL HISTORY 1 On February 22, 2005, Appellants executed a promissory note (hereinafter "Note") payable to Ameriquest Mortgage Company, Inc. (hereinafter "Lender"). To secure payment of the Note, Appellants executed and delivered to Mortgage Electronic Registration Systems, Inc. (MERS), as nominee for Lender, as mortgagee, a certain mortgage (hereinafter "Mortgage"), which conveyed and mortgaged to the mortgagee certain real property located in...
WATT, J.: 1 The United States Court of Appeals for the Tenth Circuit certified two questions of Oklahoma law to this Court under the Revised Uniform Certification of Questions of Law Act, 20 O.S.2011 1601, et seq. We are not asked to determine whether the Legislature's amendment of 34.70(B)(5) of title 62, 1 which raised the required membership minimum from 1,000 to 2,000 employees for organizations seeking to have dues withheld through a system of voluntary payroll deductions,...
KAUGER, J: 1 In 2010, the Oklahoma Legislature amended the Oklahoma Tax Code, 68 O.S. Supp.2010 2702(A) 1 to require municipalities to contract with the State of Oklahoma through the Oklahoma Tax Commission (the Commission) to assess, collect and enforce municipal taxes. On June 1, 2010, prior to the amendment becoming effective on July 1, 2010, the plaintiff/appellee, City of Tulsa (City/Tulsa) contracted with a private company to collect municipal taxes. On August 19, 2010, Tulsa filed...
COMBS, J. 1 On May 10, 2005, John W. Alexander, III (Alexander), executed a note to MILA, Inc., DBA Mortgage Investment Lending Associates, Inc. (MILA), and a mortgage to Mortgage Electronic Registration Systems, Inc. (MERS), as nominee for MILA and its successors and assigns. The mortgage also contains language, identifying MERS as the mortgagee under this security instrument. 2 Wells Fargo Bank, N.A. (Wells Fargo), filed a foreclosure petition on July 23, 2009, alleging appellant...
REIF, J. 1 This case concerns the liability of Scioto Insurance Company, a Vermont corporation, for Oklahoma corporate income taxes for the years 2001 through 2005. The Oklahoma Tax Commission assessed Scioto corporate income taxes for these years based on payments it received from the use of Scioto's intellectual property by Wendy's restaurants in Oklahoma. The intellectual property in question consists of trademarks and operating practices for Wendy's restaurants. 2 In support of its...
WATT, J.: 1 We granted certiorari to address a single issue: whether the trial court erred in granting a motion for new trial on grounds of juror misconduct. 1 Resolution of this issue requires us first to answer the question of whether the juror's affidavit was properly submitted as evidence in the hearing on the request for new trial. 2 We hold that the juror's affidavit demonstrating the injection into the deliberative process of extraneous prejudicial information was admissible under...
COMBS, J. FACTS 1 BAC Home Servicing, L.P. (BAC), filed a foreclosure petition against Jack R. Swanson on August 10, 2009. Attached to this petition was a copy of the note with an allonge dated February 5, 2007, transferring the note to Countrywide Bank, N.A., signed by a warehouse manager of Magnus Financial Corporation. There was no evidence presented showing this note was indorsed to BAC. No indication that BAC held any title was presented until the motion for summary judgment filed on...
