Vol. 1 | No. 49 | December 8, 2021
Oklahoma Supreme Court
IN THE MATTER OF THE REINSTATEMENT OF BARRETT
2021 OK 65, SCBD-7083
Decided 12/07/2021
¶1 The petitioner, Colin Richard Barrett was stricken from the roll of attorneys of the Oklahoma Bar Association on June 11, 2018. On July 8, 2021, Barrett petitioned this Court for reinstatement as a member of the Oklahoma Bar Association. On October 5, 2021, the Professional Responsibility Tribunal held a hearing and recommended that the attorney be reinstated upon the payment of outstanding current and past dues. Upon consideration of the matter, we find ...
IN RE: ENROLLMENT OF REGISTERED COURTROOM INTERPRETERS AND CERTIFIED SIGN LANGUAGE INTERPRETERS
2021 OK 64, SCAD-2021-75
Decided 12/06/2021
The State Board of Examiners of Certified Courtroom Interpreters ("the Board") reports that the following named persons have applied to be enrolled as a Registered Courtroom Interpreter and have satisfied the requirements for enrollment set forth in Rule 5 of the Rules of the State Board of Examiners of Certified Courtroom Interpreters, Title 20, Chapter 23, App. II. The Board recommends that the named persons be enrolled as a Registered Courtroom Interpreter in the State of Oklahoma in the designated language(s) ...
The Supreme Court of Oklahoma Court Calendar
The Supreme Court of Oklahoma is in session year round, unless otherwise noted. The Court regularly schedules conferences on Mondays and other days as needed.
Oklahoma Court of Criminal Appeals
No published opinions this week.
Oklahoma Court of Civil Appeals
STRATTON v. STEPHENS
2021 OK CIV APP 49, 118958
Decided 10/29/2021
Mandate Issued 12/01/2021
¶1 The issue presented for review is whether a revocable trust, created jointly by a husband and wife, can be amended after one of the trustors passes away. JC Hillard Williams ("husband") and Helen Marie Williams ("wife") created the JC Hillard Williams and Helen Marie Williams Revocable Trust ("Trust"). Husband and wife had nine children ("beneficiaries") who were listed in the Trust. Upon the death of the last Trustor, each of the nine beneficiaries would receive an equal share of the Trust Estate. Husband passed away and wife subsequently executed three amendments to the Trust. The Plaintiff/Appellant, Hilda Stratton, was included as one of the nine beneficiaries in the Trust but omitted as a beneficiary in the second and third amendments to the Trust. After wife passed away, Appellant filed a Petition seeking a declaratory judgment determining that the amendments to the Trust were ineffective and invalid. Appellant contended that once husband passed away, the Trust became irrevocable and could no longer be amended. The trial court held that the amendments were effective because there was no express language in the Trust making it irrevocable. We find that the Trust was a revocable trust during the life of either or both Trustors and that wife had the authority to amend the Trust. The decision of the trial court is, therefore, affirmed.
TAYLOR v. DELAWARE COUNTY SOLID WASTE TRUST
2021 OK CIV APP 48, 118354
Decided 03/22/2021
Mandate Issued 12/01/2021
¶1 Defendant/Appellant Delaware County Solid Waste Trust Authority (SWTA) seeks review of the trial court's journal entry of judgment, entered upon jury verdicts awarding Plaintiff/Appellee Sam Taylor $25,000 for negligent injury to property and $100,000 for nuisance. Because Taylor did not present a prima facie case for nuisance recovery, we find the trial court should have granted SWTA's motions for directed verdict. We reverse that portion of the judgment and remand.
MERRELL LOGISTICS v. GREGORY GAS SERVICES
2021 OK CIV APP 47, 118276
Decided 09/17/2021
Mandate Issued 12/01/2021
¶1 The plaintiff, Merrell Logistics, LLC, appeals a judgment, entered after jury trial, in favor of the defendant, Gregory Gas Services, LLC. Merrell claims the trial court erred in failing to dismiss all of Gregory's counterclaims on the basis of federal preemption prior to trial and that the jury's grant of $75,000 for damages to business reputation was contrary to law. On review, we affirm the trial court's denial of Merrell's efforts to dismiss Gregory's counterclaims on preemption grounds because Merrell waived that argument--an affirmative defense--by waiting until the morning of trial to raise the issue. However, we reverse the judgment insofar as it awarded Gregory $75,000 in damages for harm to its business reputation based on a simple breach of contract. As such, the judgment against Merrell for $34,905.50 for breach of contract is affirmed and the judgment against Merrell for $75,000 for "damage to business reputation" is reversed.
Dispositions Other than by Published Opinions
CLICK HERE to read Dispositions Other than by Published Opinions.
Oklahoma’s laws on adult guardianship are codified in Title 30, Article III. In addition to the priorities2 and restrictions on the number of wards a guardian can manage3 already set forth for the court in choosing a guardian, the Legislature enacted a few changes that took effect Nov. 1, 2021, to help protect Oklahoma’s potential wards even more. Read more.
Update Your Membership and Your Picture
Get the most out of your 2021 OBA membership. While you renew online at myokbar, spend some time reviewing your membership and the services offered to benefit your law practice. Maybe you want to join an OBA Section, check on your IOLTA Trust account or take advantage of practice management services, find it all at myokbar.
And a reminder, the OBA's Practice Management Director Jim Calloway suggest you upload your picture for the members' only directory. "It is such a great benefit for Oklahoma lawyers who have similar names, so lawyers looking up a phone number or email can tell by the picture that they have the right person. In addition, if you are going to be meeting up with another lawyer in court for the first time, seeing a picture may be helpful."
The last day of 2021 is the last day to earn any remaining CLE credit for 2021 without having to pay a late fee. The deadline to report your 2021 credit is Feb. 15, 2022. Not sure how much credit you still need? You can view your MCLE transcript online. Still need credit? Check out great offerings from OBA CLE.
REMINDER. Your ETHICS MCLE requirement is now two hours. Choose from available online ETHICS courses here.
If you have questions about your credit, email mcle@okbar.org.
The Judicial Nominating Commission seeks applicants to fill a vacancy for the position of Judge for the Oklahoma Court of Civil Appeals, District 4, Office 2. This vacancy is created by the resignation of the Honorable Trevor Pemberton on Oct. 18, 2021.
To be appointed to the office of Judge of the Court of Civil Appeals, one must be a legal resident of the respective district at the time (s)he takes the oath of office and assumes the duties of office. Additionally, prior to appointment, such appointee shall have had a minimum of four years’ experience in Oklahoma as a licensed practicing attorney, a judge of a court of record, or both.
Application forms can be obtained online or by contacting Tammy Reaves at (405) 556-9300. Applications must be submitted to the Chairman of the JNC no later than 5 p.m., Friday, Dec. 10, 2021. Applications may be hand-carried, mailed or delivered by third party commercial carrier. Whether mailed or delivered, they must be postmarked on or before Dec. 10, 2021, to be deemed timely.
Applications should be mailed/delivered to:
James Bland, Chairman
Oklahoma Judicial Nominating Commission
c/o Tammy Reaves
Administrative Office of the Courts
2100 N. Lincoln Blvd., Suite 3
Oklahoma City, OK 73105
NOTICE OF HEARING ON THE PETITION FOR REINSTATEMENT
RYAN ANDREW KUZMIC, SCBD # 7040
TO MEMBERSHIP IN THE OKLAHOMA BAR ASSOCIATION
Notice is hereby given pursuant to Rule 11.3(b), Rules Governing Disciplinary Proceedings, 5 O.S., ch. 1, app. 1-A, that a hearing will be held to determine if Ryan Andrew Kuzmic should be reinstated to active membership in the Oklahoma Bar Association.
Any person desiring to be heard in opposition to or in support of the petition may appear before the Professional Responsibility Tribunal at the Oklahoma Bar Center at 1901 North Lincoln Boulevard, Oklahoma City, Oklahoma, at 9:30 a.m. on TUESDAY, JAN. 18, 2022. Any person wishing to appear should contact Gina Hendryx, General Counsel, Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, Oklahoma 73152, telephone (405) 416-7007.
PROFESSIONAL RESPONSIBILITY TRIBUNAL
NOTICE OF HEARING ON THE PETITION FOR REINSTATEMENT
KELLY JO WALKER, SCBD # 7167
TO MEMBERSHIP IN THE OKLAHOMA BAR ASSOCIATION
Notice is hereby given pursuant to Rule 11.3(b), Rules Governing Disciplinary Proceedings, 5 O.S., ch. 1, app. 1-A, that a hearing will be held to determine if Kelly Jo Walker should be reinstated to active membership in the Oklahoma Bar Association.
Any person desiring to be heard in opposition to or in support of the petition may appear before the Professional Responsibility Tribunal at the Oklahoma Bar Center at 1901 North Lincoln Boulevard, Oklahoma City, Oklahoma, at 9:30 a.m. on TUESDAY, JAN. 25, 2022. Any person wishing to appear should contact Gina Hendryx, General Counsel, Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, Oklahoma 73152, telephone (405) 416-7007.
PROFESSIONAL RESPONSIBILITY TRIBUNAL
NOTICE OF HEARING ON THE PETITION FOR REINSTATEMENT
BYRON EARL HARVISON, SCBD # 7166
TO MEMBERSHIP IN THE OKLAHOMA BAR ASSOCIATION
Notice is hereby given pursuant to Rule 11.3(b), Rules Governing Disciplinary Proceedings, 5 O.S., ch. 1, app. 1-A, that a hearing will be held to determine if Byron Earl Harvison should be reinstated to active membership in the Oklahoma Bar Association.
Any person desiring to be heard in opposition to or in support of the petition may appear before the Professional Responsibility Tribunal at the Oklahoma Bar Center at 1901 North Lincoln Boulevard, Oklahoma City, Oklahoma, at 9:30 a.m. on THURSDAY, JAN. 27, 2022. Any person wishing to appear should contact Gina Hendryx, General Counsel, Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, Oklahoma 73152, telephone (405) 416-7007.
PROFESSIONAL RESPONSIBILITY TRIBUNAL
![OHCA Jobopening2021 3.jpg REVISED[3]](https://www.okbar.org/wp-content/uploads/2021/11/OHCA_jobopening2021-3.jpg-REVISED3.jpg "OHCA Jobopening2021 3.jpg REVISED[3]")
By Jim Calloway, Director
Management Assistance Program
“It was the best of times, it was the worst of times,” is the much-quoted opening to Charles Dickens’ A Tale of Two Cities.
Sometimes Microsoft’s automatic updates have the same reaction. We love it when something new and useful appears with little fanfare, like the Dictate button that provides great speech recognition in Word and Outlook or the recent advanced search feature to search through Outlook in new ways. But then there are the times when you log in and things have shifted around, including that feature you need to use right now to meet a deadline. That can be frustrating. (Tip: After looking for something that was moved for a short time, just ask Google how to do whatever in Outlook or Word.)
I noticed that the Quick Access Toolbar was missing recently. Of course, it wasn’t really missing. An update had moved it to the top of the Ribbon instead of below it, where I prefer. That was probably why the post New look Office 365 isn’t loved by Microsoft’s paying customers spoke to me. It covers resetting the QAT and how to grab the title bar to drag a window to a new location after Microsoft has crammed the title bar with many other buttons.
