LARRY JOPLIN, Presiding Judge. 1 Petitioner Daniel Ben Tennell (Claimant) seeks review of an order of a three-judge panel of the Workers' Compensation Court affirming the trial court's decision to deny his claim. In this review proceeding, Claimant challenges the trial court's order as lacking sufficient specificity to permit intelligent review, and the order of the three-judge panel as affected by errors of both fact and law. 2 Claimant alleged that he sustained an injury arising out of...
DEBORAH B. BARNES, JUDGE: 1 Plaintiffs/Appellants Grayhorse Energy, LLC, TLJ Investments, LLC, Singer Bros. LLC, and Pedestal Oil Company, Inc., (collectively, the GrayHorse 1 group) seek review of the trial court's order sustaining Defendant/Appellee Crawley Petroleum Corporation's (Crawley) motion to dismiss for lack of subject matter jurisdiction. 2 We express no view upon the merits of any element of the GrayHorse group's claims, 3 but reverse the trial court's order because, in the...
CAROL M. HANSEN, Presiding Judge: 1 Plaintiff/Appellant, Perry L. Jones, III (Employee), seeks review of the trial court's order granting summary judgment in favor of Defendant/Appellee, OS Restaurant Services, Inc. (Restaurant), in Employee's action for underpayment of minimum wage. At issue is whether Restaurant is an employer as defined in the Oklahoma Minimum Wage Act, 40 O.S.2001 197.4(d). We hold the statute excludes Employer from its coverage and affirm. 2 The following facts are...
BAY MITCHELL, JUDGE: 1 Oklahoma stock race car driver Mark Brill, Plaintiff/Appellant ("Brill"), seeks review of an order granting Defendants/Appellees', The Walt Disney Company, Pixar Animation Studios, Michael Wallis individually and Michael Wallis, LLC ("Defendants") respective Motions to Dismiss for failure to state a claim pursuant to 12 O.S. 2001 2012(B)(6). 1 Specifically, Brill claims that the fictional animated race car character "Lightning McQueen" in the movie Cars constitutes...
DOUG GABBARD II, PRESIDING JUDGE: 1 Appellees' Petition for Rehearing is granted. The Court's opinion issued on May 11, 2010 is withdrawn, and in lieu thereof this Opinion on Rehearing bearing date of September 20, 2010, is issued. 2 In this action to recover for underproduction of a gas well, Plaintiffs, Dusty Sanderson and Kuhn Oil Co., Inc., appeal the trial court's judgment in favor of Defendants, Yale Oil Association, Greghol Ca. Ltd. Partnership, Parker E. Bloomer Family Partners,...
JOHN F. FISCHER, PRESIDING JUDGE: 1 Sand Springs Materials LLC (SSM), appeals from the judgment of the district court upholding the decision of the City of Sand Springs to deny SSM a specific use permit to operate a rock quarry. Because we find that the judgment appealed is not against the clear weight of the evidence, we affirm. BACKGROUND 2 SSM owns approximately 1,000 acres of property within the City of Sand Springs. In order to develop the property for residential and commercial use,...
JANE P. WISEMAN, Chief Judge. 1 Moore Sorrento, LLC (Landlord) appeals the trial court's order confirming the October 3, 2007, arbitration award, confirming the December 20, 2007, final order including attorney fees, and denying Landlord's motion to vacate the award. Based on our review of the facts and applicable law, we find the trial court correctly confirmed the arbitration panel's award and denied Landlord's motion to vacate. FACTS AND PROCEDURAL BACKGROUND 2 On November 16, 2006,...
CAROL M. HANSEN, Judge. 1 This appeal arises from the action of Plaintiff/Appellee/Counter-Appellant, Chaparral Energy, L.L.C. (Chaparral), against Defendant/Appellant/Counter-Appellee, Pioneer Exploration, Ltd. (Pioneer), to recover for a gas imbalance. Both parties seek review of the trial court's order granting summary judgment in favor of Chaparral for conversion and setting damages based on the imbalance's value as of the date the trial court found the conversion claim accrued. We...
BAY MITCHELL, JUDGE: 1 Highland Crossing, L.P., Plaintiff/Appellant ("Owner"), seeks review of an order confirming an arbitration award in favor of Defendant/Appellee Ken Laster Company ("Subcontractor"). 1 The trial court denied Owner's Petition to Vacate the arbitration award and granted Subcontractor's Cross-Application for Order Confirming Arbitration Award against Owner. 2 Owner was a developer of a construction project in Sand Springs, Oklahoma, which secured the services of Texas...
DEBORAH B. BARNES, JUDGE: 1 Cook's Oilfield Services (Cook's), brings this accelerated appeal 1 of the trial court's summary judgment filed on February 12, 2009, in favor of Admiral Insurance Company (Admiral). Based on our review of the record on appeal and applicable law, we reverse the order of the trial court granting summary judgment because there are controverted issues of material fact. We remand this case for further proceedings in a manner consistent with this Opinion. FACTS AND...
DOUG GABBARD II, Presiding Judge. 1 Plaintiff, Debbie Wheat, appeals the trial court's dismissal of her age discrimination lawsuit against Defendant, State of Oklahoma ex rel. Tulsa County District Attorney (State). We reverse and remand for further proceedings. FACTS 2 Wheat was employed by the Tulsa County District Attorney's office (TCDA), a state agency. TCDA terminated her employment on May 14, 2003. Wheat asserted she was first told her services were no longer needed, and was...
JERRY L. GOODMAN, JUDGE: 1 City of Edmond (City) appeals the trial court's July 28, 2009, final judgment which granted Police Officers' Chris Cook, Richard Bercher, Tony Newsom, and Derick Pickard (collectively "Officers") Title 40 O.S.2001 and Supp. 2005, 165.1 et seq. wage claim. Officers also appeal, asserting the trial court applied the incorrect statute of limitation. Based upon our review of the facts and applicable law, we reverse and remand with directions. 1 FACTS 2...
Kenneth L. Buettner, Presiding Judge: 1 Appellant Robin Jeanne Webb, Personal Representative of the Estate of Lola Ladene Webb, appeals from the trial court's order denying her request for attorney fees. The trial court found that Appellee Charles L. Watkins's Petition for Letters of Administration was not "totally without merit or frivolous" and therefore declined to award attorney fees to Appellant. This appeal proceeds on Appellant's brief only. Appellant's brief is reasonably supportive...
WM. C. HETHERINGTON, JR., Judge. 1 Rahmana Warren appeals a judgment in favor of attorneys Baer, Timberlake, Coulson & Cates, P.C., arguing Baer was not a holder of note and should not be allowed to recover when a mistake in a payoff amount used in closing documents was caused by its own calculation error. The judgment of the trial court is supported by competent evidence and is not affected by an abuse of discretion or error of law. Consequently, the trial court's judgment is AFFIRMED....
JANE P. WISEMAN, Chief Judge. 1 The Department of Rehabilitation Services (Department) appeals from an order of the trial court reversing an order of the Oklahoma Merit Protection Commission (MPC) on the issue of attorney fees and costs. The issue confronting us is whether the decision of the MPC is supported by the evidence and applicable law. Our review shows that it is, a conclusion which therefore requires reversal of the District Court decision. FACTS AND PROCEDURAL BACKGROUND 2...
KENNETH L. BUETTNER, Presiding Judge. 1 Plaintiff/Appellee, the Oklahoma Department of Transportation (ODOT), filed a petition June 17, 2005, to acquire a portion of Defendant/Appellant Hazel Lorraine Evans' (Evans or Landowner) property, through eminent domain for the purpose of improvement and expansion of Highway 20 in Rogers County. Evans filed an exception to the Commissioners' Report on the grounds that it was in derogation of 27 O.S.2001 13(9). The overarching question before the...
Wm. C. Hetherington, Jr., Judge: 1 Teresa M. Tortorelli (Plaintiff) and Robert L. Tortorelli (collectively, Appellants) appeal judgments in favor of IsoTis Orthobiologicals, Inc. (IsoTis), Mercy Health Systems, Inc. (Mercy), Oklahoma Orthopedics, Inc. (Oklahoma Orthopedics) and Dr. Kimberly S. Smith, M.D. (Dr. Smith). 3 Appellants argue the trial court erred as a matter of law in sustaining motions for summary judgment based on application of the learned intermediary doctrine. They argue...
DOUG GABBARD II, Presiding Judge. 1 Plaintiff, Thomas R. Nelson, appeals the District Court Rule 9(b) dismissal of his malpractice suit against Defendant, Mercy Health Center, Inc., an Oklahoma corporation. We reverse and remand with directions. BACKGROUND 2 Plaintiff filed suit on December 8, 1999, against Dr. Robert Ricketson, Edmond Spine Center, Inc., and Mercy Health Center, Inc. (Mercy). He alleged that he was injured during a surgery performed by Dr. Ricketson at Mercy exactly two...
BAY MITCHELL, Judge. 1 In a dispute arising out of a multi-million dollar purchase/sale of multiple companies, Defendants/Appellants David R. Hull ("Hull") and Billy D. Hare ("Hare") appeal the trial court's interlocutory order denying their motion to compel arbitration and for stay of the action pursuant to 12 O.S. Supp. 2006 1879(A). Hull and Hare ("Appellants") contend the arbitration provision contained in the Purchase and Sale Agreement ("PSA") entered into between Appellants and...
JOHN F. FISCHER, Presiding Judge. 1 Wagoner County Rural Water District No. 2, Wagoner County Rural Water District No. 7, Wagoner County Rural Water District No. 9, Cherokee County Rural Water District No. 11, Peggs Water Company and Tri-B Nursery, Inc., (Water Districts), appeal from an order of the district court dismissing their First Amended Petition. The appeal has been assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36(b), 12 O.S. Supp.2008, ch. 15, app. 1,...
