P. THOMAS THORNBRUGH, Presiding Judge. 1 Plaintiff Brandon J. Griffey appeals the summary judgment of the district court that his suit against Kibois Area Transit Systems (KATS) was barred by the notice and jurisdiction provisions of the Governmental Tort Claims Act (GTCA) contained in 51 O.S. Supp.2006 156-157. On review, we affirm the judgment of the district court. BACKGROUND 2 On June 17, 2010, Griffey was involved in a collision with a bus operated by KATS. On June 29, 2010, his...
JERRY L. GOODMAN, Judge. 1 Glendell Gaskins (Gaskins) appeals the trial court's November 19, 2012, order dismissing his declaratory judgment action against Texon, LP (Texon), after finding Gaskins failed to state a claim for which relief can be granted under the Oklahoma Production Revenue Standards Act, 52 O.S.2011, 570.1 et seq. The appeal was assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36(a)(2), 12 O.S.2011, Ch. 15, App. 1. 1 Based upon our review of...
JANE P. WISEMAN, Judge. 1 Stephanie Dawn Lowry (Mother) appeals the trial court's order granting the motion to modify custody tiled by Bobby Shawn Lewis (Father). Alter review of the relevant facts and law, we affirm the trial court's decision. FACTS AND PROCEDURAL BACKGROUND 2 In November 2005, a decree of divorce and dissolution of marriage was tiled awarding Mother custody of the minor child, FIL, born in May 2000. Father was awarded visitation "in accordance with the Court's Standard...
LARRY JOPLIN, Chief Judge. 1 Plaintiff/Appellant Gregory M. Egleston (Plaintiff), derivatively on behalf of Chesapeake Energy Corporation, seeks review of the trial court's order granting the motion to dismiss of Nominal Defendant/Appellee Chesapeake Energy Corporation (Chesapeake). Plaintiff asserts the trial court erred in dismissing his Verified Shareholder's Derivative and Demand Refused Petition on the finding that Chesapeake's current Board of Directors, Defendants Aubrey K. McClendon,...
LARRY JOPLIN, Chief Judge. 1 Plaintiff/Appellant Erin Bates (Plaintiff) seeks review of the trial court's order granting the motion to dismiss of Defendants/Appellees P.C. Cast, a/k/a Phyllis Cast, an individual, Kristin Cast, an individual, and St. Martin's Press, a Foreign Limited Liability Company (individually, by name, or, collectively, Defendants) on Plaintiffs claims to actual and punitive damages for defamation, invasion of privacy — appropriation of likeness — false light, and...
LARRY JOPLIN, Chief Judge. 1 Plaintiffs/Appellants Cyanostar Energy, Inc., Oxley Resources L.L.C., Tom Hoefling, Lowry Exploration, Inc., Richard Garmaker and John Wilson (individually, by name, or collectively, Plaintiffs) seek review of the trial court's order granting the motion for summary judgment of Defendant/Appellee Chesapeake Exploration, L.L.C. (Defendant) on Plaintiffs' claims for declaratory judgment and breach of contract, and Defendant's counterclaim for a declaratory judgment...
JOHN F. FISCHER, Presiding Judge. 1 Claimant Patricia Yvonne Carney seeks review of an order of a three-judge panel of the Workers' Compensation Court, which affirmed the trial court's finding that her injury was not compensable. The single issue on appeal is whether Claimant sustained an accidental personal injury arising out of and in the course of her employment. After a review of the record and applicable law, we find that the panel's decision is both contrary to law and against the...
JOHN F. FISCHER, Presiding Judge. 1 Plaintiff/Appellant Beachner Construction Company, Inc. appeals the decision of the district court dismissing its cause of action against the State of Oklahoma, ex rel. Office of State Finance, as successor through reorganization of the Department of Central Services (collectively DCS) for breach of contract, or in the alternative quantum meruit. 1 The appeal has been assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36(b), 12...
KENNETH L. BUETTNER, Presiding Judge. 1 Plaintiff/Appellant Tracy Grasz appeals from the trial court's order granting Defendant/Appellee Discover Bank (Discover Card), by SA Discover Financial Services, Inc.'s motion to dismiss this quiet title and slander of title action. After de novo review, we reverse and remand to the district court with instructions to enter judgment quieting title in favor of Grasz and for further proceedings on the slander of title claim. 2 Lyle and Leslie Hague...
JANE P. WISEMAN, Judge. 1 Rare Hospitality International, Inc., Bonefish/Colorado Limited Partnership, Carrabba's Broken Arrow Limited Partnership, Carrabba's Colorado-I Limited Partnership, Flemings Southmidwest I Limited Partnership, Bruce Sternad, Gages Steakhouse, L.L.C., Hospitality Ventures Management, LLC, and Capstar Oklahoma Beverage Corporation (collectively, Restaurants) appeal from the trial court's orders denying their motions to vacate the default judgments entered against them....
BRIAN JACK GOREE, Judge. 1 Petitioner, Lezlie A. Janitz (Wife) seeks review of that part of the trial court's Agreed Decree of Dissolution of Marriage (Decree) in which it awarded certain property to Respondent, Roger E. Janitz (Husband), as his separate property, divided a debt it characterized as a marital debt, and refused Wife's request for support alimony. We affirm. 2 In 1993, Wife and Husband were married. In 1997, Husband moved out of the home, and fourteen years later, on March...
LARRY JOPLIN, Chief Judge. 1 Plaintiff/Appellant seeks review of the trial court's denial of Appellant's request for an award of prejudgment interest. An award of prejudgment interest was granted on August 26, 2010, after the appellate court remanded this cause to the trial court in March 2010. One of the Defendants, Lavena Dale, sought bankruptcy protection and an automatic stay was instituted. Dale was eventually denied discharge in bankruptcy and the automatic stay was lifted, this appeal...
JANE P. WISEMAN, Judge. 1 Direct Traffic Control, Inc. (DTC) appeals from the trial court's orders entering judgment upon a jury verdict in favor of Savona Kidd in this vehicular negligence action and awarding attorney fees to Kidd. The issues on appeal are whether the trial court erred when it denied DTC's motion for directed verdict, instructed the jury, and awarded attorney fees and costs to Kidd. Finding no error, we affirm the orders of the trial court. FACTS AND PROCEDURAL BACKGROUND...
DeBORAH B. BARNES, Vice-Chief Judge. 1 Plaintiffs/Appellants Jack Miller and Dorothy Miller (collectively, the Millers) appeal the trial court's Judgment memorializing a jury verdict in favor of Defendants/Cross-Claimant/Appellees Ameristate Bank of Atoka, Inc. (Ameristate Bank), and Bruce W. Smith (Smith) (collectively, Defendants). On appeal, the Millers assign error to two of the trial court's evidentiary rulings. They argue the trial court erred (1) by admitting a report prepared by the...
DEBORAH B. BARNES, Vice-Chief Judge. 1 Defendants/Appellants Louis Maynahonah, Marquita Caratinni, and Karen Heminokeky in their official capacities as members of the Business Committee of the Apache Tribe of Oklahoma (the Maynahonah Group) appeal from an Order of the district court awarding attorney fees and costs to Plaintiff/Appellee First Bank and Trust (First Bank). 2 The dispositive issue on appeal is whether the Apache Tribe of Oklahoma (the Tribe) waived sovereign immunity in this...
BRIAN JACK GOREE, Judge. 1 Appellant/Villnave obtained a judgment after a non-jury trial in a personal injury case and then filed a separate action against Appellee, defendant's insurance company. The insurer filed a motion for summary judgment arguing Appellant was not a party to the insurance contract and the judgment was not against an insured. We affirm because the insurance company properly reserved its right to deny coverage and the facts lead to the single conclusion that defendant...
BAY MITCHELL, Judge. 1 This appeal presents a lien priority contest. Plaintiff GasRock Capital, L.L.C. (GasRock) appeals from an Order granting summary judgment in favor of lien claimant Defendant Pan American Drilling Services, L.L.C. (Pan American) in this foreclosure action. 1 In essence, this order determined Pan American's statutory oil and gas lien had priority over GasRock's mortgage lien on certain oil and gas leases and leasehold interests of EnDevCo Eureka, L.L.C. (EnDevCo)....
ROBERT D. BELL, Acting Presiding Judge. 1 In this probate proceeding, Petitioner/Appellant, Lucille Kathryn Littleton (Wife), the surviving spouse of Stanley R. Littleton (Decedent), appeals the probate court's determination that certain trust property — real property at 4920 Tinker Diagonal — was Decedent's separate property and was not subject to Wife's forced heir right under 84 O.S.2011 44. Decedent's son, Respondent/Appellee, Michael David Littleton (Son), successor trustee and...
BRIAN JACK GOREE, Judge. 1 We affirm the trial court's grant of summary judgment in this premises liability case. The owner of the premises, Chesapeake Energy Corporation, did not owe a duty in connection with the operation of the crane involved in the accident. Although Chesapeake exercised some control over the schedule for completing the construction project, and the site plan designating the work zones, the instrumentality that caused the injury was a crane that was allegedly...
