Wm. C. Hetherington, Jr. , Judge : 1 After purchasing a home in Enid, Oklahoma, Plaintiff Jason Stauff (Buyer) filed an action alleging violations of Oklahoma's Residential Property Condition Disclosure Act (Disclosure Act) and negligence against the sellers, real estate broker, and home inspectors. 1 Buyer appeals a single trial court order granting 1) summary judgment in favor of Defendants Kimberly Bartnick and her husband, Roy Bartnick (collectively the Bartnicks or Sellers) and also...
Opinion by Wm. C. Hetherington, Jr. , Judge : 1 Joshua Shaw (Plaintiff or Shaw) appeals an order granting the summary judgment motion filed by Defendant Oklahoma City, Oklahoma (City) on Plaintiff's petition filed pursuant to Oklahoma's Governmental Tort Claims Act (GTCA) alleging false arrest, assault and intentional infliction of emotional distress (IIED) against City and four unnamed police officers. Upon review of the evidentiary material submitted to the trial court and applicable...
OPINION BY JANE P. WISEMAN , PRESIDING JUDGE : 1 Plaintiffs Timothy Lewis and Nancy Lewis appeal the trial court's grant of summary judgment in favor of Defendant Dust Bowl Tulsa, LLC, as well as the denial of the Lewises' motion for reconsideration and new trial. This appeal comes to us on the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36, 12 O.S. Supp. 2015, ch. 15, app. 1, without appellate briefing. After review, we affirm. FACTS AND PROCEDURAL HISTORY 2 This...
P. THOMAS THORNBRUGH , JUDGE : 1 Defendants Salesha Wilken and Newspaper Holdings, Inc. d/b/a Claremore Daily Progress (Newspaper) appeal the "deemed denial" of Newspaper's motion to dismiss a false light invasion of privacy suit brought by Plaintiff Robin Kay Anderson (Anderson). On review, we find that the trial court has not held a hearing on this motion, and we have no reviewable order. The current proper remedy pursuant to the Oklahoma Citizens Participation Act (OCPA), 12 O.S. Supp....
JOHN F. FISCHER , Judge . 1 Chris Allen Berry appeals an order of protection issued pursuant to the Protection from Domestic Abuse Act, 22 O.S.2011 and Supp. 2013 60 to 60.20, in favor of Sherrine Lynn O'Brien. Berry argues that O'Brien failed to prove an act of domestic abuse required to obtain an order of protection, that the district court erred in refusing to admit certain exhibits he offered during the trial and the district court's order is precluded by a ruling in his favor on...
JERRY L. GOODMAN , Vice-Chief Judge . 1 DJ Koon (Koon) appeals an April 16, 2014, order granting Key Finance, Inc.'s (Key) motion for directed verdict and motion to compel arbitration. Based upon our review of the record and applicable law, we reverse and remand for further proceedings consistent with this opinion. BACKGROUND 2 Koon purchased a 2005 Nissan Sentra from The Key, Inc. d/b/a The Key Cars (Key Cars) on July 14, 2012. To purchase the vehicle, Koon executed a Purchase...
DEBORAH B. BARNES , Judge . 1 Appellant Tamera N. Smith (Mother) appeals from an Order of the trial court determining B.T.S. eligible for adoption without her consent. Mother's appeal raises questions of law concerning deficiencies in the notice she received from Appellees Teresa Nixon and Quahana Nixon (collectively, Adoptive Parents) regarding their application for an order determining B.T.S. eligible for adoption without her consent; the burden of proof applied by the trial court in...
KEITH RAPP , Judge . 1 The Phoenix Group Holding Company (Phoenix) appeals a Final Order of the Oklahoma Corporation Commission (OCC) denying its motion to set aside or vacate an OCC Order that clarified a previous OCC Order and denied all other requests by Phoenix for relief. BACKGROUND 2 Phoenix was a consultant to the owners of a convenience store that had a gasoline storage tank. Gasoline storage tanks are regulated by OCC to assure safety and absence of leakage. The owners were...
JOHN F. FISCHER , Presiding Judge . 1 Natural Gas Anadarko Company (Anadarko) appeals the judgment awarding costs and attorney fees to defendants/appellees Jerry L. Venable, et al. The Venable defendants prevailed in this quiet title action filed pursuant to the Nonjudicial Marketable Title Procedures Act, 12 O.S.2011 1141.1 to 1141.5 and are, therefore, entitled to the costs and attorney fees awarded in this action. The judgment of the district court is affirmed. BACKGROUND 2...
Bay Mitchell , Presiding Judge . 1 Plaintiff/Appellant Lisa Hill ("Plaintiff") appeals the trial court's dismissal of her negligence claim against Defendant/Appellee State of Oklahoma ex rel. Board of Regents of the University of Oklahoma ("Defendant"). The trial court determined Plaintiff's notice of injury to Defendant did not comply with the notice requirements of the Governmental Tort Claims Act ("GTCA"), specifically 51 O.S. 156(C). Following our de novo review of the record...
KEITH RAPP , Presiding Judge . 1 The plaintiff, T.L.I. (T.L.I.) a minor, by and through his next friend Travis L. Irick (Plaintiff), appeals an Order denying his motion for new trial entered after the trial court granted summary judgment to the defendant, Board of County Commissioners of the County of Pottawatomie (Board). This appeal proceeds under the provisions of Okla. Sup.Ct.R. 1.36, 12 O.S. Supp. 2013, ch. 15, app. 1. BACKGROUND 2 Plaintiff's lawsuit claimed injury in an...
JOHN F. FISCHER , Presiding Judge . 1 This appeal results from a condemnation proceeding prosecuted by the Department of Transportation pursuant to its power of eminent domain to take property owned by Caliber Development Company, LLC, for the purpose of widening a highway. The principal issue in this appeal concerns the proper method for determining just compensation in that eminent domain proceeding. The Department contends the district court erred in several evidentiary rulings by not...
