Courts and More Vol. 1 | No. 24 | June 16, 2021

Oklahoma Court of Civil Appeals

Division I

118,510 –  Walter Kostich, Petitioner/Appellant, v. Oklahoma Department of Corrections, Inmate Trust Fund, Mr. Leon Wilson, D.O.C. Comptroller, Warden Lawson WSKCC, Respondents/Appellees. Appeal from the District Court of Oklahoma County, Oklahoma.  Honorable Aletia Haynes Timmons, Judge.  This appeal stems from a trial court order dismissing the petition for writ of mandamus filed by Petitioner/Appellant Walter Kostich (Kostich) against Respondents/Appellees Oklahoma Department of Corrections, Inmate Trust Fund, Mr. Leon Wilson, D.O.C. Comptroller, and Warden Lawson WSKCC (collectively, DOC).  Kostich claimed DOC violated his due process rights by taking money from his inmate trust fund account to pay federal restitution without a state court order.  We find Kostich could show no set of facts entitling him to mandamus relief because he had no clear legal right to the funds in his account.  We affirm.  Opinion by MITCHELL, J.; GOREE, P.J., and PRINCE, J., concur. June 10, 2021

118,616  – Cody Townsend, an individual, Plaintiff/Appellee, v. Ty Hebert Sr., an individual, Defendant/Appellant.  Appeal from the District Court of Garvin County, Oklahoma.  Honorable Leah Edwards, Judge.  In this replevin action a son in law sued his former father in law to recover possession of the son in law’s backhoe, or the value thereof.  After a trial on the merits, the court below found for the plaintiff in all relevant respects.  However, because return of the backhoe was not possible due to it having been sold to a third party, the trial court entered a money judgment for the plaintiff for the value of the backhoe.  The defendant  appeals, arguing that the trial court should have granted a continuance just before trial, that the trial court was without authority to enter the money judgment, and that the court’s valuation of the backhoe was in error.  We AFFIRM the trial court’s judgment in all respects.  Opinion by MITCHELL, J.; GOREE, P.J., and PRINCE, J., concur. June 10, 2021

Division II

Division III

Division IV

119,028 — In re the Marriage of:  Marcia Lynn Beaty, Petitioner/Appellee, vs. Otis Felton Beaty, Respondent/Appellant.  Appeal from an Order of the District Court of McClain County, Honorable Leland Shilling, Trial Judge.  Otis Felton Beaty (Husband) appeals the trial court’s order nunc pro tunc correcting a previously filed court order acceptable for processing (COAP) relating to the division of his Federal Employee Retirement System (FERS) benefits between him and Marcia Lynn Beaty (Wife).  Husband argues that because the COAP was entered by agreement, the trial court did not have authority to enter an order nunc pro tunc deleting the word “net” from the COAP.  The proper focus is on the property division award contained in the decree, not the wording of the subsequently entered COAP, because the COAP must conform to the decree.  After reviewing the decree, we find the “net annuity” language in the COAP did not comply with the property division award in the decree.  Thus, we find the trial court had jurisdiction and authority to enter the order nunc pro tunc, deleting the word “net” from the COAP so that it would conform to the decree’s award.  Accordingly, we find the trial court properly entered the order nunc pro tunc, and the order is affirmed.  AFFIRMED.  Opinion from the Court of Civil Appeals, Division IV, by HIXON, P.J.; FISCHER, V.C.J., and RAPP, J., concur. June 14, 2021

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