Oklahoma Court of Civil Appeals

DIVISION I

118,092 - State of Oklahoma ex rel, Department of Human Services, Child Support Enforcement, Plaintiff/Appellee, vs. Antonio Wayne Pitts, Defendant/Appellant. Appeal from the District Court of Oklahoma County, Oklahoma.  Honorable Lynne McGuire, Trial Judge.The appellant challenges an order denying his motion to vacate a child support judgment entered against him, as modified several times, most recently in 2016.  The appellant claims that the trial court was without jurisdiction to enter the original order, or any subsequent modification, and that the orders violate several of the appellant’s constitutional rights.  None of the appellant’s claims, which are rooted in the theory that the appellant is not subject to the general law because he has renounced his state and federal citizenship, have merit.  The trial court’s denial of the motion to vacate is AFFIRMED. Opinion by MITCHELL, J.; GOREE, P.J., and PRINCE, J., concur. Feb. 19, 2021

118,221 -  Nahzi Soleymani, Plaintiff/Appellant, vs. Stylepro’s Inc., d/b/a Great Clips for Hair, Defendant/Appellee. Appeal from the District Court of Tulsa County, Oklahoma.  Honorable Jefferson D. Sellers, Trial Judge. At issue in this appeal is whether the trial court abused its discretion with respect to the amount awarded to Appellant for attorney fees. The appeal arises out of litigation that the Appellant, Nahzi Soleymani, initiated against Appellee Style Pro’s Inc., d/b/a Great Clips for Hair, under the Fair Labor Standards Act (“FLSA”), seeking overtime wages, liquidated damages, and damages for retaliatory discharge. We find that the trial court’s determination of attorney fees was reasonable in light of the facts in the record and did not represent an abuse of discretion.  We, therefore, AFFIRM. Opinion by PRINCE, J.; GOREE, P.J., and MITCHELL, J., concur.

118,434 -  R.W.M. Limited Partnership, an Oklahoma Limited Partnership, Plaintiff/Appellee, vs. Anthem, An Oklahoma General Partnership, Defendant/Appellant. Appeal from the District Court of Cleveland County, Oklahoma.  Honorable Jeff Virgin, Trial Judge.  Following the trial court’s grant of summary judgment to RWM, the trial court denied Anthem’s motion for new trial.  We affirm the trial court’s decision denying Anthem’s motion for new trial. Opinion by GOREE, P.J.; MITCHELL, J., and SWINTON, C.J. (sitting by designation) concur.

118,977 -   MJ Goetz Bonding, LLC, and Kenneth D. Suggs, Plaintiffs/Appellants, vs. City of Bartlesville, A Municipal Corporation, Defendant/Appellee. Appeal from the District Court of Washington County, Oklahoma.  Honorable Linda A. Thomas, Trial Judge. This action concerns the appellants’ allegations that the city of Bartlesville is allowing raw sewage to back up onto their property via a drainage ditch for which the city has an easement.  The plaintiffs sued for damages and injunctive relief under both tort and contract theories.  They also requested a declaratory judgment that the city’s zoning of the land in question was contrary to law.  The city moved for dismissal, arguing that the plaintiffs failed to state a claim upon which relief could be granted.  The trial court, without a hearing and without affording any opportunity for the plaintiffs to amend their petition, granted the city’s motion and dismissed the case.  Because the petition stated a claim for relief and, even if it had not, the appellants were entitled the opportunity to amend prior to dismissal, we REVERSE.  Opinion by MITCHELL, J.; GOREE, P.J., and PRINCE, J., concur.

DIVISION III

115,838  - Kris K. Agrawal, Plaintiff/Appellant, Geo Exploration, LLC, et al., Plaintiffs, vs. Chris Holland, et al., Defendants/Appellees.  Appeal from the District Court of Oklahoma County, Oklahoma.  Although stemming from litigation concerning convoluted allegations and a murky procedural background, this appeal turns on one question: Was the trial court’s dismissal with prejudice of appellant Kris Agrawal’s claims erroneously based on a misapplication of bankruptcy rules governing an involuntary bankruptcy proceeding against Mr. Agrawal. Because we find that applicable bankruptcy rules did not prohibit Mr. Agrawal from filing the lawsuit when he did, we REVERSE the trial court’s December 28, 2016 Order of Dismissal in part and REMAND for further proceedings.  Opinion by PEMBERTON, P.J.;BELL, J., and MITCHELL, J. (sbd), concur.

DIVISION IV

118,084 – Myrtle Jo Franklin, as Personal Representative of the Estate of William Franklin, Deceased, and Myrtle Jo Franklin, Individually, Plaintiffs/Appellants/Counter-Appellees, vs. State of Oklahoma, ex rel. The Oklahoma Health Care Authority; The Oklahoma Department of Human Services; and Ed Lake, in his Official Capacity as Director of the Oklahoma Department of Human Services, Defendants/Appellees/Counter-Appellants.  Appeal from an Order of the District Court of Cotton County, Hon. Michael C. Flanagan, Trial Judge.  Myrtle Jo Franklin, individually and as the personal representative of the Estate of William Franklin, deceased, appeals the denial of her request for attorney fees.  The resolution of that issue requires an evidentiary hearing to determine whether the parties agreed that the Oklahoma Health Care Authority would pay the Franklins’ attorney fees as part of the settlement of this claim.  Because an evidentiary hearing is necessary to determine that fact issue, we remand the case for that purpose.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR FUTHER PROCEEDINGS.  Opinion from the Court of Civil Appeals, Division IV, by FISCHER, V.C.J.; HIXON, P.J., and RAPP, J., concur. Feb. 19, 2021