JANE P. WISEMAN , Presiding Judge . 1 Mike Alexander Company, Inc. (MACI), appeals a trial court order denying its request for attorney fees. The issue on appeal is whether the trial court erred as a matter of law in its order. After review of the record, we find no error and affirm the trial court's order. FACTS AND PROCEDURAL BACKGROUND 2 In its petition against defendants Ronnie L. Bichsel d/b/a Bichsel Construction and MACI, Mill Creek Lumber & Supply (Mill Creek) alleged that...
JERRY L. GOODMAN , Judge . 1 Grand River Dam Authority (GRDA) appeals the trial court's orders awarding damages in inverse condemnation to Robert and Brenda Perry (Perrys), David and Stacy Pryor (Pryors), and John D. and Janet M. Shaw (Shaws). Perrys, Pryors, and Shaws counter-appeal the court's ruling denying their request for damages for personal property. 1 FACTS 2 The Grand River Dam Authority (GRDA) was created by the State of Oklahoma for the purpose of constructing the...
JOHN F. FISCHER , Presiding Judge . 1 This case arises from Wells Fargo Bank's efforts to collect the balance of a $4,365,000 loan to the Apache Tribe of Oklahoma. The Tribe appeals various rulings of the district court in these consolidated appeals. 1 Principally, the Tribe challenges the district court's Judgment confirming an arbitration award in favor of the Bank, arguing it did not waive sovereign immunity or consent to be sued in Oklahoma district court. We find that there was a...
P. THOMAS THORNBRUGH , Judge . 1 Bernice T. Mitts appeals the district court's order disqualifying her attorney, Jeff Stephens, and the court's refusal to vacate that order. We find that the mandatory hearing and findings required before counsel may be disqualified did not take place. We vacate the order of the district court and remand the matter for a hearing on whether Stephens should be disqualified. BACKGROUND 2 This case began in the small claims court as a forcible entry and...
Wm. C. HETHERINGTON, JR. , Vice-Chief Judge . 1 Plaintiffs Kutz and Plaintiff American Farmers and Ranchers Mutual Insurance Company (AFR) filed this action alleging manufacturers' product liability, breach of warranties, negligence, and fraud against Defendants/Appellees Deere & Company (Deere) and Grissoms, L.L.C. (Grissoms, or collectively, Appellees). Appellees moved for summary adjudication against Kutz, arguing the parties' settlement agreement barred all of Kutz's claims. Kutz...
LARRY JOPLIN , Presiding Judge . 1 Plaintiff/Appellant Saber Acceptance Co., L.L.C. (Creditor), seeks review of the trial court's order granting the motion for summary judgment of Garnishee/Appellee Spirit Aerosystems, Inc. (Garnishee), on the Creditor's claim to wages of the judgment debtor, Defendant Matthew A. Curran (Debtor). In this appeal, Creditor asserts the trial court erred as a matter of law in its application of Oklahoma statutes, 12 O.S. 1171.2 and 1173.4. 2 Creditor...
JANE P. WISEMAN , Presiding Judge . 1 Chester A. Thayer, Frank De Rossitt Robinson, III, David M. Robinson, Jane Marie Robinson Neidenfeuhr, James Russell Robinson, Katherine Elizabeth Robinson Collins, Sarah Leigh Robinson Bloom, Joseph Clarkson Millspaugh, and Julie Millspaugh Beard (Freeman family) appeal from a trial court order overruling their "New Objection on Behalf of the `Freeman Family' to Final Account and Petition for Final Determination of Heirs, Devisees and Legatees,...
KEITH RAPP , Judge . 1 The plaintiffs, Chisholm Trail Construction, L.L.C. (Chisholm) and Terry Kutcher (Kutcher) appeal a judgment dismissing their action against Karen Mueggeburg in her official capacity as the County Treasurer of Kingfisher County, Oklahoma (Treasurer), The Board of County Commissioners for Kingfisher County, Oklahoma (Board) and Fox Run Property, LLC (Fox Run). BACKGROUND 2 The parties do not have a dispute about the facts. 3 Chisholm owned a tract in Cashion,...
BAY MITCHELL, Judge. 1 In this mortgage foreclosure proceeding, Defendants/Appellants James F. Moody and Susan L. Moody ("Owners") seek review of an order granting summary judgment in favor of Plaintiff/Appellee Bank of America, N.A. ("Bank"). On appeal, Owners claim there was a genuine issue of material fact concerning Bank's standing to sue on the promissory note ("Note"). Additionally, Owners claim there was a genuine issue of material fact as to whether the Petition was filed in good...
BAY MITCHELL , Judge . 1 In this mortgage foreclosure proceeding, Defendants/Appellants James F. Moody and Susan L. Moody ("Owners") seek review of an order granting summary judgment in favor of Plaintiff/Appellee Bank of America, N.A. ("Bank"). On appeal, Owners claim there was a genuine issue of material fact concerning Bank's standing to sue on the promissory note ("Note"). Additionally, Owners claim there was a genuine issue of material fact as to whether the Petition was filed in...
BAY MITCHELL , Judge . 1 Beneficial Financial I Inc., Successor by Merger to Beneficial Oklahoma, Inc. Plaintiff/Appellant ("Financial Institution"), seeks review of an order granting Defendants/Appellees ("Tax Deed Purchasers") Joe E. White and Nona F. White's Motion for Summary Judgment in this foreclosure/"resist recovery of land under tax deed" action. 1 2 In June 2012, the Delaware County Treasurer sold a parcel of real property at public auction to Tax Deed Purchasers for $19,...
ROBERT D. BELL , Presiding Judge . 1 In this dissolution of marriage proceeding, Respondent/Appellant/Counter-Appellee, John P. Starcevich (Husband), appeals from the trial court's decree invalidating a portion of a 1978 antenuptial agreement wherein Petitioner/Appellee/ Counter-Appellant, Mary Sue Starcevich (Wife), waived her right to an equitable division of marital property maintained in Husband's name. Husband also contends the court erred in awarding Wife attorney fees. Wife counter-...
Wm. C. HETHERINGTON, JR. , Vice-Chief Judge . 1 Thomas Morris (Morris) appeals an order of the trial court sustaining the finding of McLoud's city clerk, A. Kay Heinz (Clerk), that McLoud Initiative Petition #2010-2 (the Petition) was insufficient. We conclude the Petition is an untimely referendum, it violates constitutional due process of the landowners in the area proposed for de-annexation, and is not the proper method to achieve the de-annexation sought. The order sustaining Clerk's...
KENNETH L. BUETTNER , Judge . 1 Defendant/Appellant ShawnMarie Moore appeals the trial court's denial of a motion to vacate a victim protection order. Petitioner/Appellee Sherry Muscato, on behalf of her minor daughter, sought a protection order against Moore. Moore argues the evidence does not support granting a permanent protective order based on stalking, because Muscato's daughter did not feel frightened, intimidated, threatened, harassed, or molested by Moore. We hold the trial court...
KEITH RAPP, Judge. 1 The trial court defendant, Jene Morris (Morris), appeals an Order which denied Morris' Motion to Vacate a summary judgment and subsequent foreclosure judgment entered in favor of the plaintiff Bank of America, N.A. (Bank). 1 BACKGROUND 2 Bank brought this action against Morris and Tara Morris (husband and wife), and others (named Jon Doe and Jane Doe as occupants of the mortgaged premises), to recover on a promissory note (Note) and foreclose a mortgage given as...
JOHN F. FISCHER , Presiding Judge . 1 Employer Quail Ridge Senior Development, LLC seeks review of an order of a three-judge panel of the Workers' Compensation Court, 1 affirming the trial court's finding that Claimant Robert Erroll Brooks sustained a consequential injury to his right knee and ordering Employer to provide Claimant with reasonable and necessary medical treatment for that injury. Because the clear weight of the evidence supports the findings of the Workers' Compensation...
WM. C. HETHERINGTON, JR., Vice-Chief Judge. 1 This appeal following summary proceedings arises from a dispute about charges assessed by The City of Lawton (City) for water sales to Rural Water District No. 1, Comanche County Water (Comanche-1), Oklahoma, Rural Water District No. 2, Comanche County, Oklahoma (Comanche-2), Rural Water District No. 3, Comanche County, Oklahoma (Comanche-3), and Pecan Valley Waterworks Association, L.L.C. (Pecan Valley) collectively, Plaintiffs. Plaintiff and...
JERRY L. GOODMAN, Judge. 1 Judgment Debtor E. Allen Cowen II appeals the trial court's September 13, 2013, order denying his motion for the release of a judgment lien held on his property by Judgment Creditor El Reno Housing Associates Limited Partnership. Judgment Debtor alleged Judgment Creditor had failed to timely file a renewal of judgment lien within five years of obtaining the judgment. The trial court found the time to file was tolled due to Judgment Debtor's bankruptcy and denied...
WM. C. HETHERINGTON, JR., Vice-Chief Judge: 1 In this breach of contract action filed by ATRIUM TRS II, L.P., d/b/a Renaissance Oklahoma City Convention Center Hotel ("Hotel") against Defendant University of Central Oklahoma ("UCO"), Hotel appeals the trial court's order denying its partial motion for summary judgment and granting judgment in favor of UCO. We reverse the order and remand for further proceedings. FACTS 2 The material facts of this case are undisputed. A contract was...
LARRY JOPLIN, Presiding Judge. 1 Plaintiff/Appellant Victory Energy Operations, L.L.C., a Delaware Limited Liability Company (Plaintiff or Victory), seeks review of the trial court's order granting the Motion to Dismiss or Stay for Lack of Personal Jurisdiction, Improper Venue, Pendency of Another Action or Forum Non Conveniens of Defendant/Appellee Rain CII Carbon, L.L.C., a Louisiana Limited Liability Company (Defendant or Rain), in Plaintiff's action to recover damages for breach of...
