JERRY L. GOODMAN , JUDGE : 1 Unibridge Systems, Inc. (Unibridge) appeals a November 13, 2015, trial court order which affirmed the decision of the Oklahoma Department of Transportation (ODOT) denying Unibridge's protest of a bid awarded to Cardinal Scale Manufacturing (Cardinal). Based upon our review of the facts and applicable law, we affirm. FACTS AND PROCEDURAL BACKGROUND 2 ODOT issued Solicitation #3450004339 and a Request for Proposal (RFP) for the demolition and replacement of...
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...
WM. C. HETHERINGTON, JR. , Chief Judge . 1 This is the second appeal in this action for negligent failure to procure insurance filed by Plaintiff Blutone Enterprises, LLC (Blutone) against Defendant Messer-Bowers Company, Inc. (Agency). In the first appeal between the same parties, the trial court's summary judgment order in favor of Agency was reversed because the limited record from a prior federal case did not support its issue preclusion argument. Blutone now seeks reversal of the...
JOHN F. FISCHER , Presiding Judge . 1 Jaime McCamey, personal representative of the estate of Thomas McCamey, appeals the order dismissing this action for failure to prosecute. Despite the lengthy history of this litigation, we find that dismissal was inappropriate and reverse. BACKGROUND 2 Thomas McCamey filed his first petition on May 31, 2000 (Case No. CJ-2000-2606), alleging medical negligence during a 1996 surgical procedure conducted at the Tulsa Regional Medical Center. 1 On...
JANE P. WISEMAN , Judge . 1 Fraternal Order of Police, Lodge 93 (FOP) and Kendra Miller appeal from the trial court's order vacating the July 30, 2012, arbitration decision. Based on our review of the facts and applicable law, we conclude the trial court's decision should be affirmed. FACTS AND PROCEDURAL BACKGROUND 2 In May 2004, Kendra Miller was hired as a police officer for the Tulsa Police Department (TPD). In October 2006, the Federal Bureau of Investigation began investigating...
JANE P. WISEMAN , Judge . 1 Lafe C. Coldwater (Father) appeals from the trial court's "Order Setting Forth Findings of Fact Regarding Child Support Deviation." 1 After review of the record and relevant law, we reverse and remand for further proceedings. FACTS AND PROCEDURAL BACKGROUND 2 After the minor child was born, DHS initiated an administrative action to determine paternity and support obligations. In that action, it was determined that Father was the father of the minor...
WM. C. HETHERINGTON, JR. , Chief Judge . 1 William R. Buckles (Trustee), in his capacity as a trustee of two testamentary trusts (the Trusts), appeals an order, entered following summary proceedings, granting Triad Energy, Inc. (Triad) judgment on its motion for summary judgment and denying relief on his counter-motion for partial summary judgment on the issue of trespass to real property. Trustee did not establish a cognizable right of action against Triad as an aider and abetter of...
Wm. C. HETHERINGTON, Jr. , Chief Judge . 1 Kentucky Bluegrass Contracting, LLC (KBC) filed this action for breach of contract and duty of good faith and fair dealing (bad faith) against The Cincinnati Insurance Company (Insurer) after the latter denied KBC's claim for coverage and a defense in a federal action. KBC now appeals a trial court order sustaining Insurer's motion for summary judgment. We affirm. STANDARD OF REVIEW 2 This appeal is governed by and follows the procedure set...
DEBORAH B. BARNES , Judge . 1 The Sequoyah County Conservation District (SCCD) filed a condemnation action seeking a permanent easement on property owned, in part, by Plaintiff/Appellee Jennifer Benitscheck Taylor (Taylor) so that it could perform rehabilitation work on a dam. Taylor then filed a petition before Defendant/Appellant Oklahoma Water Resources Board (the OWRB) asserting that SCCD's proposed construction activities are based on the assumption that the dam is a "high hazard"...
