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Preview: Oklahoma Court of Civil Appeals Cases

Oklahoma Court of Civil Appeals Cases



The last 10 published decisions for the Oklahoma Court of Civil Appeals Cases



Last Build Date: Wed, 22 Nov 2017 17:50:18 GMT

 



IN THE MATTER OF THE GUARDIANSHIP OF MELDRUM, 115470, 2017 OK CIV APP 61, ___ P.3d ___

Tue, 29 Aug 2017 21:00:00 CST

¶1 Amanda Meldrum (Grandmother) appeals a September 30, 2016, order which granted Veronica D. Meldrum's (Step-Mother) petition for guardianship and denied her cross-petition for guardianship. Based on our review of the record and applicable law, we affirm.



NAJERA v. DAVID STANLEY CHEVROLET, 115522, 2017 OK CIV APP 62, ___ P.3d ___

Wed, 25 Oct 2017 21:00:00 CST

¶1 David Stanley Chevrolet, Inc. (DSC) appeals from the trial court's Order denying its motion to compel arbitration. Based on our review, we reverse and remand for further proceedings.



BLAIR v. NATURAL GAS ANADARKO COMPANY, 113496, 2017 OK CIV APP 57, ___ P.3d ___

Wed, 21 Dec 2016 21:00:00 CST

¶1 Natural Gas Anadarko Company, et al., (Defendants) appeal the trial court's May 12, 2014, order granting summary judgment to Plaintiffs Edward Arden Blair, James Thomas Blair, Robert Pierson Blair, James Lowden Brown, and Frances Elizabeth Crawford Stroud. 1 Plaintiffs sought cancellation of an oil and gas lease held by Defendants and an order quieting title to the well located within the lease. Defendants claimed the lease did not expire and denied Plaintiffs were entitled to summary judgment. The trial court, following an evidentiary hearing, held that by operation of the lease terms, the leasehold had expired. The trial court denied relief to Defendants and granted judgment to Plaintiffs. The appeal was assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36(a)(1), 12 O.S.2011, Supp. 2013, Ch. 15, App . 1 and In Re Amendments to Oklahoma Supreme Court Rules , 2013 OK 67 . 2



YOUNG v. SPENCER, 114169, 2017 OK CIV APP 58, ___ P.3d ___

Fri, 09 Jun 2017 21:00:00 CST

¶1 Plaintiff Ulrich W. Young appeals (1) the trial court's order finding he was not entitled to recover damages caused to his timber, and (2) a separate order awarding attorney fees and costs. After review, we affirm in part, reverse in part, and remand for further proceedings.



PARKER v. GENSON, 114451, 2017 OK CIV APP 59, ___ P.3d ___

Fri, 09 Jun 2017 21:00:00 CST

¶1 Plaintiffs/Appellants Anthony Parker and Kenneth Parker (collectively, "Plaintiffs") appeal the trial court's denial of their Motion for New Trial following an award of prevailing-party attorney fees in the amount of $394,556.75, plus a 25 percent bonus fee, and costs in the amount of $23,289.83 to Defendant/Appellee Michael Genson ("Defendant" or "Michael Genson"). Following our review of the applicable law and facts, we REVERSE the decision of the trial court and REMAND for further proceedings consistent with this opinion.



KAMO ELECTRIC COOPERATIVE v. NICHOLS, 114940, 2017 OK CIV APP 60, ___ P.3d ___

Mon, 11 Sep 2017 21:00:00 CST

¶1 Appellants, Kamo Electric Cooperative, Inc., and K-Powernet, LLC, appeal the result of a condemnation trial awarding Appellees compensation of $30,615 for an easement across 3.9 acres of rural land. On review, we reverse this decision and remand for further proceedings.



SMITH v. SMITH, 115313, 2017 OK CIV APP 56, ___ P.3d ___

Fri, 13 Oct 2017 21:00:00 CST

¶1 The issue on appeal is whether an adopted child is entitled to share in a remainder interest granted to the natural children born of the life tenant. Robert Smith, deceased, was survived by two biological children, Dawnita Lynn Smith and Daphne Phae Smith, and one adopted child, Greg Smith. The trial court found that Dawnita, Daphne, and Greg were the remaindermen to the life estate of Robert. Dawnita and Daphne appealed. We reverse because the testator's language expressed an intent to eliminate adopted children from the devise.



STRACK v. CONTINENTAL RESOURCES, INC., 114102, 2017 OK CIV APP 53, ___ P.3d ___

Wed, 08 Feb 2017 21:00:00 CST

¶1 Continental Resources, Inc. (Continental), appeals a June 11, 2015, order granting Billy J. Strack, Trustee of the Patricia Ann Strack Revocable Trust DTD 2/15/99 and the Billy Joe Strack Revocable Trust DTD 2/15/99, and Daniela A. Renner's, Sole Successor Trustee of the Paul Ariola Living Trust and the Hazel Ariola Living Trust (collectively "Plaintiffs"), amended motion for class action certification. Based on our review of the record and applicable law, we reverse.



GROUP ONE REALTY, INC. v. DAHR PROPERTIES-MEMORIAL SPRINGS, LLC, 114376, 2017 OK CIV APP 54, ___ P.3d ___

Thu, 30 Mar 2017 21:00:00 CST

¶1 Appellants, Dahr Properties - - Memorial Springs, LLC and A.S. Dahr (collectively Dahr), appeal the district court's order granting Appellee Group One Realty, Inc.'s motion for summary judgment. Dahr asserts the district court erred in granting summary judgment without first allowing it the opportunity to conduct discovery. This appeal has been assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36(b), 12 O.S. Supp. 2013, ch. 15, app. 1, and the matter stands submitted without appellate briefing. After review of the record and applicable law, we reverse the district court's order and remand for further proceedings consistent with this Opinion.



BOWERS v. FLICK, 114709, 2017 OK CIV APP 49, ___ P.3d ___

Fri, 22 Sep 2017 21:00:00 CST

¶1 Matthew Flick, Defendant/Appellant, appeals the trial court's issuance of a five-year final protective order issued against him on January 20, 2016, in favor of Katie L. Bowers, Petitioner/Appellee. The issue presented on appeal is whether the district court erred when it granted a five-year protective order after an emergency order had already been in effect for one year and the review hearing revealed violations of the order.