Courts and More Vol. 1 | No. 21 | May 26, 2021

Oklahoma Court of Civil Appeals

Division I

119,136  – In the Matter of the Adoption of R.G.S. and C.E.S., minor children, Trey Edwards Smillie, Appellant, v. Mercedes Renee Macias and Dillon Lucus Macias, Appellees. Appeal from the District Court of Canadian County, Oklahoma.  Honorable Bob Hughey, Judge.  This is an appeal of a final decree entered in a stepparent adoption proceeding.  The appellant, who is the biological father of the minor children, challenges the trial court’s allowance of the adoption of the children without his consent.  Because we find that the father did not have adequate notice of either the hearing to determine whether adoption without his consent was permissible or the hearing to approve the final decree of adoption, we vacate both the final decree and the order allowing the adoption without consent and remand the case to the trial court.  Other claims of error the father makes are examined for purposes of remand. Opinion by MITCHELL, J.; GOREE, P.J., and PRINCE, J., concur.  May 20, 2021

119,299 – Vanessa Hall-Harper, Kristi Williams, Lakeshu Whitley-White Stephen Williams, and Farmina Williams, Plaintiffs/Appellants, v. Tulsa Development Authority, and Roy Peters, Chairman; Steve Mitchell, Vice Chairman; Julius Pegues; Carl Bracy; O.C. Walker, Executive Director; In their official capacities as members of the board of the Tulsa Development Authority, Defendants/Appellees.  Appeal from the District Court of Tulsa County, Oklahoma.  Honorable William J. Musseman, Judge.  Vanessa Hall-Harper, Kristi Williams, Lakeshu Whitley-White, Stephen Williams, and Farmina Williams, Appellants, filed an amended petition seeking declaratory judgment against the Tulsa Development Authority, Roy Peters, Chairman, Steve Mitchell, Vice-Chairman, Julius Pegues, Carl Bracy, and O.C. Walker, Executive Director, in their official capacities as members of the Board of the Tulsa Development Authority, Appellees (“TDA”).  At issue in this case was whether the district court had authority to grant TDA’s motion to reconsider an earlier ruling and dismiss the matter as moot.  Because an intermediate, non-final order was under the plenary control of the district court and could be reconsidered, we AFFIRM.  Opinion by GOREE, P.J.; MITCHELL, J., concurs and PRINCE, J., dissents.  May 20, 2021

119,305 – Cameron International Corporation, and Travelers Indemnity Company of America, Petitioners, v. Selene Castro, and Oklahoma Workers’ Compensation Commission, Respondents.  Petitioners Cameron International Corporation and Travelers Indemnity Company of America (collectively “Employer”) seek review of the December 21, 2020 Order of the Workers’ Compensation Commission (“Commission”), which affirmed in part, reversed in part, and remanded the decision of its Administrative Law Judge (“ALJ”).  The ALJ denied Respondent Selene Castro’s (“Claimant”) request for authorization of further treatment, including a recommended microdiscectomy, because the ALJ concluded the recommended surgery was not reasonably necessary in connection with the lumbar contusion Claimant received on November 12, 2018.  Claimant filed a Petition for Review to the Commission En Banc, which was granted.  After a subsequent hearing, the Commission found that the ALJ’s denial of Claimant’s request for the recommended surgery was against the clear weight of the evidence and, accordingly, affirmed in part, reversed in part, and remanded the ALJ’s decision for entry of an order authorizing further treatment, including surgery.  We AFFIRM because the Commission’s Order is supported by competent evidence and is not affected by any other error of law. Opinion by PRINCE, J.; GOREE, P.J., and MITCHELL, J., concur. May 20, 2021

Division II

Division III

119,203 – Jennifer Timmons, Petitioner, v. Flex N Gate Oklahoma LLC, Flex N Gate Oklahoma LLC (Own Risk 319362), and The Workers’ Compensation Court of Existing Claims, Respondents. Petitioner, Jennifer Timmons (Claimant), seeks review of an order of a three judge panel of the Workers’ Compensation Court of Existing Claims (Panel) which affirmed in part and modified in part the trial court’s decision.  The Panel found “THAT claimant failed to meet her burden of proving she had a date of awareness during a period when the court would have jurisdiction.”  Claimant argues this finding is against the clear weight of the evidence.  After de novo review of the record, this Court cannot find the Panel’s decision is against the clear weight of the evidence or contrary to law.  Accordingly, the Panel’s order is SUSTAINED. Opinion by BELL, J.; SWINTON, C.J., and PEMBERTON, P.J., concur. May 25, 2021 

Division IV

117,762 (Companion with Case Nos. 118,649 and 119,091) – Rebecca Lauren Clem-Sherman, et al., Plaintiff/Appellee, vs. Kane S. Sherman, Defendant, and David J. Potter, II; Consolidated Healthcare, LLC; Featherstone of Arkansas, LLC; Featherstone Assisted Living of Durant, LLC; Featherstone Assisted Living of Moore, LLC; Featherstone Assisted Living of Ada, LLC; Featherstone Assisted Living of Miami, LLC; ALF-Miami, LLC; and Tutela Holdings, LLC, Defendants/Appellants. Appeal from the District Court of Bryan County, Hon. Mark Campbell, Trial Judge. David J. Potter, II; Consolidated Healthcare, LLC; Featherstone of Arkansas, LLC; Featherstone Assisted Living of Durant, LLC; Featherstone Assisted Living of Moore, LLC; Featherstone Assisted Living of Ada, LLC; Featherstone Assisted Living of Miami, LLC; ALF-Miami, LLC; and Tutela Holdings, LLC (collectively, “Appellants”) appeal an interlocutory order granting Rebecca Lauren Clem-Sherman’s (Clem-Sherman) motion for temporary injunctive relief. Appellants assert Clem-Sherman failed to show she would suffer irreparable harm if the injunction were denied, contending her evidence was speculative and based on past actions and unsubstantiated fear of future transfers. Clem-Sherman disagrees, asserting the transfers and the financial difficulties she endured are the irreparable harm. Upon examination of the evidence, this Court determines the trial court’s order granting the injunction was not an abuse of discretion or clearly against the weight of the evidence. Accordingly, the trial court’s order granting Clem-Sherman’s motion for temporary injunctive relief is affirmed. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by HIXON, J.; WISEMAN, C.J., and THORNBRUGH, P.J., concur. May 21, 2021 

118,649 (Companion with Case Nos. 117,792 and 119,0191) – Rebecca Lauren Clem-Sherman, et al., Plaintiff/Appellee, vs. Kane Sherman, et al., Defendants, and David J. Potter, II; Consolidated Healthcare, LLC; and Tutela Holdings, LLC, Defendants/Appellants. Appeal from the District Court of Bryan County, Hon. Mark Campbell, Trial Judge. David J. Potter, II, Consolidated Healthcare, LLC, and Tutela Holdings, LLC (collectively, Appellants) appeal an order denying their motion to reconsider an order granting Rebecca Lauren Clem-Sherman (Clem-Sherman) partial summary judgment. Appellants’ motion to reconsider was properly a request for reconsideration of the trial court’s intermediate ruling granting Clem-Sherman partial summary adjudication. Appellants’ motion was not directed to a final order or judgment and was not the functional equivalent of a motion for new trial under 12 O.S.2011, § 651. Therefore, the trial court’s order denying Appellants’ motion to reconsider is not reviewable on appeal under 12 O.S.2011, § 952(b)(2). Further, Appellants did not seek to certify the order for immediate appeal. Consequently, the order from which Appellants seek to appeal does not fit into any of the categories from which a party may seek appellate relief. In the absence of an appealable order, this appeal is premature and subject to dismissal. We therefore dismiss the appeal and remand the case to the trial court for further proceedings. DISMISSED. Opinion from Court of Civil Appeals, Division IV, by HIXON, J.; WISEMAN, C.J., and THORNBRUGH, P.J., concur. May 21, 2021 

119,091 (Companion with Case Nos. 117,762 and 118,649) – Rebecca Lauren Clem-Sherman, et al., Plaintiff/Appellee, vs. David J. Potter, Sr.; David J. Potter, II; Consolidated Healthcare, LLC; Alf-Ada, LLC, Alf-Durant, LLC; Alf-Miami, LLC; Alf-Moore, LLC; Featherstone of Arkansas, LLC; Featherstone Assisted Living of Durant, LLC; Featherstone Assisted Living of Moore, LLC; Featherstone Assisted Living of Ada, LLC; Featherstone Assisted Living of Miami, LLC; Tutela Holdings, LLC, Defendants/Appellees, and Kane S. Sherman, Defendant. Appeal from the District Court of Bryan County, Hon. Mark Campbell, Trial Judge. David J. Potter, II; Consolidated Healthcare, LLC; and Tutela Holdings, LLC (collectively, Appellants) appeal an order denying a motion for new trial and/or motion to vacate an order granting Rebecca Lauren Clem-Sherman’s (Clem-Sherman) motion for order avoiding transfers. We find the trial court erroneously issued Clem-Sherman a provisional remedy without resolving necessary factual and legal issues and before resolving all outstanding claims, counterclaims, and cross-claims of the parties. Specifically, the court’s order is based on the erroneous assumption that Kane’s admission of a fraudulent intent to transfer the assisted living facilities entitled Clem-Sherman to wholesale avoidance of three transfers without consideration of whether an asset was transferred, the value or extent of Clem-Sherman’s creditor’s claim, whether Appellants were good faith transferees, the rights of subsequent transferees, the appropriate remedy available under Oklahoma’s Uniform Fraudulent Transfer Act, and other statutorily mandated considerations. This has resulted in lengthy piecemeal litigation and the grant of an inappropriate remedy founded on erroneous interlocutory orders. The court’s order is therefore reversed. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS. Opinion from Court of Civil Appeals, Division IV, by HIXON, P.J.; FISCHER, V.C.J., concurs, and WISEMAN, J. (sitting by designation), concurs in result. May 21, 2021 

117,524 – Maria A. Laubach, Petitioner/Appellee, vs. Paul W. Laubach, Respondent/Appellant. Appeal from Order of the District Court of Blaine County, Hon. Ryan D. Reddick, Trial Judge. Paul Laubach appeals the district court’s order denying his application for contempt citation against Appellee Maria Laubach in the underlying action for divorce and child support. Paul claims that the district court’s denial of his application for contempt citation without a hearing was an abuse of discretion. After review of the record and applicable law, we find that the district court did not abuse its discretion. The order denying Paul’s application for contempt citation is affirmed. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by FISCHER, V.C.J.; HIXON, P.J., and RAPP, J., concur. May 20, 2021 

119,277 – Adelaide Sims, individually and on behalf of Donnie Sims, Jr., Plaintiff/Appellant, vs. Robert Johnson, Shelter Insurance, Defendant/Appellee. Appeal from an Order of the District Court of Oklahoma County, Hon. Catherine M. Burton, Trial Judge. The plaintiff, Adelaide Sims, individually and on behalf of D.S., Jr., appeal a Court Order on Defendant’s Motion to Enter Release and Satisfaction of Judgment and to Enforce Settlement Agreement entered in a Small Claims Court action brought by plaintiff against the defendant, Robert Johnson (Johnson). By Order of the Oklahoma Supreme Court, this appeal proceeds under Okla.Sup.Ct.R. 1.36, 12 O.S. Supp. 2020, Ch. 15, app. 1. Shelter has taken all steps to satisfy the trial court judgment and the settlement agreement. The trial court did not err by entering the Court Order on Defendant’s Motion to Enter Release and Satisfaction of Judgment and to Enforce Settlement Agreement. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by RAPP, J.; FISCHER, V.C.J., and WISEMAN, P.J. (sitting by designation), concur. May 20, 2021 

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