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Oklahoma Appellate Courts - All Recent Decisions



Published Decisions within the last 7 days



Last Build Date: Fri, 21 Sep 2017 19:47:59 GMT

 



Supreme Court of Oklahoma:CITY OF TULSA v. FRATERNAL ORDER OF POLICE, 114825, 2017 OK 73, ___ P.3d ___, Decided: 09/19/2017

Tue, 19 Sep 2017 21:00:00 CST

¶0 Kendra Miller, defendant/appellant, appeals the decision of the district court, which denied her motion to remand an arbitration matter to the arbitrator. The original arbitration decision was vacated by the district court, affirmed by the Court of Civil Appeals, Division II, and Certiorari was denied by this Court. Subsequently, Miller and the Fraternal Order of Police, Lodge 93, moved to remand the case to the arbitrator, which motion the district court denied. This Court retained the matter.



Supreme Court of Oklahoma:GRISHAM v. CITY OF OKLAHOMA CITY, 112786, 2017 OK 69, ___ P.3d ___, Decided: 09/19/2017

Tue, 19 Sep 2017 21:00:00 CST

¶0 Plaintiffs brought an action in the District Court for Oklahoma County against the City of Oklahoma City. Plaintiffs alleged they had suffered damages from a sewer backup. The jury returned a verdict for plaintiffs. The Honorable Bryan C. Dixon, District Judge, reduced the jury award to each couple to $25,000.00 for property damages. Plaintiffs appealed and the Court of Civil Appeals affirmed the judgment of the trial court. We hold plaintiffs' GTCA notices of claim using the form provided by the City of Oklahoma City and claiming specific damage to their property were also required by the GTCA to provide notice of a claim for personal injuries arising from that same transaction or occurrence in order to bring their subsequent suit in District Court for both property damage and personal injury/nuisance. Our holding is prospective. CERTIORARI PREVIOUSLY GRANTED; OPINION OF THE COURT OF CIVIL APPEALS IS VACATED; JUDGMENT OF THE DISTRICT COURT IS REVERSED; AND MATTER IS REMANDED WITH DIRECTIONS



Supreme Court of Oklahoma:GRAHAM v. D & K OILFIELD SERVICES, 115898, 2017 OK 72, ___ P.3d ___, Decided: 09/19/2017

Tue, 19 Sep 2017 21:00:00 CST

¶0 Workers' compensation claimant, who suffered a hernia and recurrent hernia due to work, requested a contested hearing on the constitutionality of the hernia provision of the Administrative Workers' Compensation Act, 85A O.S. Supp. 2013 § 61 . An administrative law judge determined 85A O.S. Supp. 2013 § 61 to be constitutional. Claimant appealed. The Workers' Compensation Commission, sitting en banc , affirmed the determination of the administrative law judge. Claimant appealed, and the cause was retained by this court and made companion to another cause concerning the same statutory provision.



Supreme Court of Oklahoma:CORBEIL v. EMRICKS VAN & STORAGE, 115672, 2017 OK 71, ___ P.3d ___, Decided: 09/19/2017

Tue, 19 Sep 2017 21:00:00 CST

¶0 Workers' compensation claimant, who suffered bilateral inguinal hernias at work, filed for a contested hearing on the issue of temporary total disability. The administrative law judge determined that claimant was limited to six weeks of temporary total disability, despite claimant's contention that he suffered two hernias and should be eligible for twelve weeks total, six for each hernia he suffered. Claimant appealed to the Workers' Compensation Commission. The Workers' Compensation Commission, sitting en banc , affirmed. Claimant appealed, and this matter was retained and made a companion case to another cause concerning the same statutory provision.






Oklahoma Court of Civil Appeals:RICHARDS v. RICHARDS, 114612, 2017 OK CIV APP 41, ___ P.3d ___, Decided: 08/18/2017

Fri, 18 Aug 2017 21:00:00 CST

¶1 Mother, Rachael Richards, appeals the trial court's order, filed December 15, 2015, modifying custody, visitation and child support. In the order, the trial court found Mother did not have a good faith basis to relocate with the children and Father, Wayne Richards, met the Gibbons standard so that custody, visitation and child support should be modified making Father the primary custodial parent. Gibbons v. Gibbons , 1968 OK 77 , 442 P.2d 482 .



Oklahoma Court of Civil Appeals:IN RE DECLARATION OF TRUST CREATING THE AVERY FAMILY TRUST, 115705, 2017 OK CIV APP 44, ___ P.3d ___, Decided: 08/17/2017

Thu, 17 Aug 2017 21:00:00 CST

¶1 Petitioner/Appellant John Neel Zink (Zink) appeals from a Journal Entry of Judgment dismissing his claims against Respondents/Appellees Etta May Avery (Etta May), Nancy Ann McGill (McGill), and Mickey G. Shackelford (Shackelford) (collectively, Respondents). The court found that Zink, as a former co-trustee, did not have standing to bring his claims under 60 O.S. 2011 §175.23 (C) and, therefore, the court did not have jurisdiction over this action. We find Zink qualifies as a "person affected by the administration of the trust estate" under §175.23(C). The court erred by dismissing the case. Accordingly, we reverse and remand.



Oklahoma Court of Civil Appeals:OKLAHOMA DEPT. OF SECURITIES ex rel. FAUGHT v. SEABROOKE INVESTMENTS, LLC, 115025, 2017 OK CIV APP 42, ___ P.3d ___, Decided: 08/17/2017

Thu, 17 Aug 2017 21:00:00 CST

¶1 The trial court intervenor, Wayne Doyle (Doyle), appeals the Order And Judgment Approving Receiver's Report On Claims And Authorizing Receiver's Distribution To Creditors, insofar as it denied his claim. The other parties to this appeal, as appellees, are the plaintiff, State of Oklahoma Department of Securities (DOS), ex rel. Irving L. Faught, Administrator, and Ryan Leonard, Court Appointed Receiver (Receiver).



Oklahoma Court of Civil Appeals:GEE v. BELAIR, 115197, 2017 OK CIV APP 43, ___ P.3d ___, Decided: 08/16/2017

Wed, 16 Aug 2017 21:00:00 CST

¶1 The plaintiff, Wrangler J. Gee (Gee), appeals an Order dismissing his action against the defendants, Jeffrey A. Belair and April D. Belair (collectively, Belairs).