KENNETH L. BUETTNER, Judge. 1 Garnishee/Appellant Equity Insurance Company appeals from judgment entered in favor of Plaintiffs/Appellees Noehmi Rodriguez and Jesus Muniz (collectively, Appellees) who sought to garnish payment of insurance benefits after a vehicle collision. Equity sought to avoid garnishment based on the named driver exclusion in the policy, but Appellees responded that the named exclusion was void as against public policy, at least up to the minimum required liability...
JANE P. WISEMAN, Judge. 1 Plaintiff Linda Blackburn appeals the trial court's order granting Defendant Town of Bokchito's motion to dismiss. This appeal is governed by Supreme Court Rule 1.36, 12 O.S.2011, ch. 15, app. 1, and proceeds without appellate briefing. After review of the record on appeal and authorities on the issue presented, we reverse the order of the trial court and remand for further proceedings. FACTS AND PROCEDURAL BACKGROUND 2 According to her petition, Plaintiff "was...
JANE P. WISEMAN, Judge. 1 Michael J. Tizzio (Michael) and Phillip G. Tizzio (Phillip) 1 appeal from the trial court's order finding that Nazanin Derakhshan (Plaintiff) met her burden in showing all elements of fraud, deceit, and false pretense thereby awarding her $23,000 in actual damages. Based on our review of the facts and applicable law, we affirm. FACTS AND PROCEDURAL BACKGROUND 2 According to Plaintiff's contentions set forth in the pretrial conference order, Michael informed her...
LARRY JOPLIN, Judge. 1 Appellants, Jack and Grace Davis (Davis), seek review of the trial court's order in favor of Third Party Defendant/Appellee/Cross-Appellant, Sue Mason-Tomlinson (Sue Mason), which found that the Central National Bank & Trust Co. of Enid (CNB) note, signed by Sue Mason and her cousins, Lance Mason and his wife, Amanda, in 1998, was discharged and Sue Mason owed no further obligation on that note and corresponding mortgage. The court also found Lance and Amanda Mason...
KENNETH L. BUETTNER, Judge. 1 Plaintiff/Appellant Tammie Provinsal, individually and as parent and natural guardian of Douglas Provinsal, appeals from summary judgment granted in favor of Defendant/Appellee Sperry Independent School District No. 8 of Tulsa County (School) in Provinsal's suit for damages under the Government Tort Claims Act (GTCA). The undisputed material facts show School's actions were not the proximate cause of the harm and School could not be liable for negligence as a...
JANE P. WISEMAN, Judge. 1 William E. Buffington Company, Inc., appeals from orders of the trial court refusing its request to compel arbitration. The issue we address on appeal is whether the trial court erred in finding that a condition precedent had not been met rendering the arbitration clause in the parties' contract unenforceable. For the reasons that follow, we reverse the trial court's decisions and remand for further proceedings. FACTS AND PROCEDURAL HISTORY 2 Ameristar Coil...
ROBERT D. BELL, Chief Judge. 1 Defendants/Third-Party Petitioners/Appellants, MTG Guarnieri Manufacturing, Inc., d/b/a Hern Machine Tool (Company) and Matthew E. Guarnieri, appeal from the trial court's summary judgment in favor of Plaintiff/Appellee, Siemens Financial Services, Inc. (Siemens), in its action to recover damages for breach of an equipment lease and to enforce Guarnieri's unconditional guaranty of the lease obligation and on Defendants' counterclaims. Defendants also appeal...
JERRY L. GOODMAN, Presiding Judge. 1 Plaintiff, Self & Associates, Inc. (Self), a law firm, appeals a summary judgment granted in favor of Defendants, Justin Wade Jackson (Client), and Jeffrey T. Stites and the Law Office of Jef Stites, PLLC (Stites). Self sued Client and Stites for damages allegedly caused when Client terminated his contingent fee contract with Self and entered into a contract with Stites. We issued an opinion in this matter on January 13, 2011. Stites and Client...
WM. C. HETHERINGTON, JR., Presiding Judge. 1 The sole issue in this appeal brought from a district court order affirming a final order of the Oklahoma State Employee and Education Group Insurance Board (Board) is whether the Board is required to comply with the rule-making process under Article I of the Administrative Procedures Act (APA), 75 O.S.2001 250 et seq., 1 when fulfilling its statutory duty to "compile a comprehensive Schedule of Benefits." The Board found it did not. We agree....
KEITH RAPP, Judge. 1 Trial court plaintiff, Terrance Britt, appeals a trial court order dismissing his cause of action against defendant, Promise Redeemer, L.L.C. d/b/a Edwards Redeemer Nursing Center (Nursing Home). The sole issue on appeal concerns the statute of limitations applicable to Plaintiff's claim for injury he alleges resulted from Nursing Home's disclosure of his medical condition in violation of Oklahoma's Nursing Home Care Act, 63 O.S.2001 & Supp.2010 1-1900.1, et seq. (...
CAROL M. HANSEN, Judge. 1 Plaintiff/Appellant, American Farmers & Ranchers Mutual Insurance Company (AFR), seeks review of the trial court's judgment in favor of Defendant/Appellee, Shelter Mutual Insurance Company (Shelter), based on its determination their policies contained mutually repugnant "other insurance" clauses and therefore their coverages should be prorated. We hold the Oklahoma Compulsory Insurance Law (OCIL), 47 O.S.2001 7-600 to 7-612, does not constrain an insurer from...
JOHN F. FISCHER, Vice Chief Judge. 1 Linda Sue Edelen, Administrator of the Estate of Dustin H. Edelen (Administrator) appeals the dismissal of her petition as to the Board of County Commissioners of Bryan County and Bryan County Sheriff Bill Sturch. 1 Administrator's decedent, Dustin H. Edelen (Edelen), sued the Commissioners, the Sheriff and the Oklahoma Department of Corrections for injuries Edelen received while incarcerated in the Bryan County jail. Edelen alleges that the defendants...
JOHN F. FISCHER, Vice-Chief Judge. 1 Defendant/Appellant Elena Doubenskaia appeals an order of the district court denying her motion to allow levy and execution against Garnishee Joel Carson, as trustee of the Gary R. Horwitz Trust. Doubenskaia further appeals the district court's grant of Garnishee's motion for attorney fees and costs. On review of the record and applicable law, we affirm the district court. BACKGROUND 2 This case began as a post-judgment collection action. Doubenskaia...
JOHN F. FISCHER, Judge. 1 Rosemary Sue Mitchell appeals from an order awarding attorney fees to appellees and cross-appellants Robert N. Goss, Jr., Barbara A. Goss, Michael D. Johnston, Kay M. Johnston and James S. Beck, Trustee of The Beck Family Trust Dated The 19th Day of August, 1986 (collectively, Plaintiffs). Cross-appellants challenge the amount of attorney fees awarded. We affirm the award of attorney fees but reverse that portion of the order setting the amount of the fees and...
DOUG GABBARD II, Presiding Judge. 1 This is one of six eminent domain appeals in which Plaintiff, Oklahoma Gas and Electric Company (OG&E), seeks to condemn easements for construction of electrical transmission lines to wind farms in northwestern Oklahoma. The appeals were made companion cases by the Supreme Court, and we simultaneously issue a decision in each appeal. In the present case, Defendants, Gerald A. Beecher and Lucy Beecher (Landowners), appeal the trial court's denial of...
JOHN F. FISCHER, Vice-Chief Judge. 1 Burl Kennedy, Brenda Kennedy, Cody Shores, Burl Colton Kennedy and Joy Kennedy appeal the dismissal of their petition against the Town of Talihina and the Talihina Public Works Authority (collectively, the Town). The appeal has been assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36(b), 12 O.S. Supp.2010, ch. 15, app. 1, and the matter stands submitted without appellate briefing. We affirm the district court's order dismissing...
JOHN F. FISCHER, Vice Chief Judge. 1 Plaintiff Sherry Lee Sorrels appeals the district court's order granting defendant Janis Tech's 1 motion for summary judgment. The appeal has been assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36(b), 12 O.S. Supp.2009, ch. 15, app. 1, and the matter stands submitted without appellate briefing. Because it is undisputed that Sorrels signed an agreement assuming responsibility for obtaining insurance coverage on certain real...
JANE P. WISEMAN, Judge. 1 Plaintiff Michael Anderson's former attorneys, Michael L. Bardrick and Thomas J. Steece (Attorneys) 1 , appeal the trial court's denial of a motion to vacate. The issues raised in this appeal include whether Attorneys have standing to appeal independent of Plaintiff, whether they had standing to file a motion to vacate without Plaintiff's consent, and whether grounds exist pursuant to 12 O.S.2001 1031 and 1038 to vacate the trial court's order dismissing the...
CAROL M. HANSEN, Judge. 1 In 2007, the Okmulgee County Rural Water District No. 2 [District] sued the Beggs Public Works Authority [Authority] and individual members of Authority's governing board, Defendants Wilburn, Cox, Newton, and Bivins, alleging, in part, Authority had breached the provisions of a water purchase contract the parties signed in 2004. In its motion for partial summary judgment, Authority argued the 2004 contract was invalid and unenforceable for its own failure to comply...
KEITH RAPP, Judge. 1 The plaintiff, Patricia Bowers Edwards (Edwards), individually and as natural mother and next friend of Robert Drew Edwards (Drew), an incapacitated person, appeals a Trial Court Order granting partial summary judgment to the defendant, BancFirst (Bank). 1 BACKGROUND 2 Aspects of this case have been the subject of several appeals. The facts and history of the matters are set out in Edwards v. Urice, 2004 OK CIV APP 86, 99 P.3d 256 and Edwards v. Urice, Case...
