Courts and More Vol. 1 | No. 25 | June 23, 2021

Oklahoma Court of Civil Appeals

Division I

Division II

Division III

118,547 – Paula Crockett, Plaintiff/Appellant, vs. Central Oklahoma Transportation and Parking Authority, Defendant/Appellee. Appeal from the District Court of Oklahoma County, Oklahoma.  Honorable Alecia Haynes Timmons, Trial Judge.  Plaintiff/Appellant, Paula Crockett, appeals from the trial court’s denial of her motion to reconsider the court’s previous order dismissing as untimely Plaintiff’s governmental tort claim against Defendant/Appellee, Central Oklahoma Transportation and Parking Authority (COTPA).  Under the facts of this case, we hold, consistent with I.T.K. v. Mounds Pub. Sch., 2019 OK 59, 451 P.3d 125, the non-waiver advisory sent by COTPA’s insurer to Plaintiff’s counsel was sufficient to prevent any tolling of the 90 day period of 51 O.S. 2011 §157(A).  Because Plaintiff did not file her suit within 180 days after the expiration of the 90 day period, we hold the trial court correctly dismissed her petition and denied her motion to reconsider/new trial. AFFIRMED. Opinion by BELL, J.; PEMBERTON, P.J., and SWINTON, C.J., concur. June 16, 2021

118,569 – K. Mark Meyers and Carolyn Meyers, Plaintiffs/Appellees, vs. Cemoil, Inc., Defendant/Appellant. Appeal from the District Court of Caddo County, Oklahoma.  Honorable David A. Stephens, Trial Judge.  After a jury verdict was rendered in favor of Mark and Carolyn Meyers, Cemoil filed this appeal without including in the record the trial transcript or any citation to legal authority supporting its proposition of error. When an appellate record lacks any evidence, a presumption arises that the judgment was responsive to the proof adduced. Additionally, argument without supporting authority will not be considered. Because Cemoil did not provide to us either evidence or requisite legal authority supportive of its proposition, we AFFIRM.  Opinion by PEMBERTON, P.J.; SWINTON, C.J., and BELL, J., concur. June 16, 2021

118,893 – Connie Cotton Harrel, Plaintiff/Appellant, vs. Sheila R. Valpredo, Personal Representative of the Estate of Gladys Carpetchie, deceased, Defendant/Appellee.  Appeal from the District Court of Hughes County, Oklahoma.  Honorable Timothy L. Olsen, Judge.  The underlying action was brought by Plaintiff/Appellant, Connie Cotton Harrel, the property owner, to recover insurance proceeds on a home that was destroyed by fire.  Appellant appeals from the trial court’s judgment in favor of Defendant/Appellee, Sheila Valpredo, Personal Representative of the Estate of Gladys Carpitchie, deceased (Decedent).  Gladys Carpitchie was the insured, the policy holder and the former owner of the property.  The trial court found Gladys Carpitchie, who was in failing health, deeded her home and real property to Appellant in consideration of Appellant’s agreement to take care of Decedent.  The court also found Appellant, as the homeowner, had an insurable interest in the property when it was destroyed by fire.  The court held property insurance is a personal contract and not a real estate interest.  Therefore, because Gladys Carpitchie purchased the Shelter Insurance Policy on the home, paid all the premiums, and was the sole named insured, the court held the policy proceeds shall be paid to Gladys Carpitchie’s Estate.  We cannot find the trial court’s findings of fact and conclusions of law are contrary to the evidence or Oklahoma law.  Therefore, the trial court’s order is AFFIRMED.  Opinion by BELL, J.; PEMBERTON, P.J., and SWINTON, C.J., concur.  June 16, 2021

118,332 – Jacquelyn Wilson Dalton, Petitioner/Appellant, v. John Michael Dalton, Respondent/Appellee.  Appeal from the District Court of Oklahoma County, Oklahoma.  Honorable Barry L. Hafar, Trial Judge.  Petitioner/Appellant Jacquelyn Wilson Dalton (Mother) appeals from the trial court’s denial of Mother’s request for an award of attorney fees incurred in contempt and custody modification proceedings between Mother and Respondent/Appellee John Michael Dalton (Father).  We find no abuse of discretion and affirm.  Opinion by SWINTON, C.J.; PEMBERTON, P.J., and BELL, J., concur.  June 21, 2021

118,962 – Deutsche Bank National Trust Company, as Trustee of Argent Mortgage Securities, Inc., Asset Backed Pass Through Certificates, Series 2006-W1 Under the Pooling and Servicing Agreement dated as of February 1, 2006, Plaintiff/Appellee, v. Richard Lathrop and Camela Lathrop, Defendant/Appellants, and Bobbie S. Andrews, John Doe, her spouse, if married; Occupants of the Premises; Bank One, N.A.; Light House; Lighthouse Harbor, Inc.; B&B Funding, L.L.C.; Andrews Group Investments, Inc.; Joe Laumer, Defendants.  Appeal from the District Court of Cleveland County, Oklahoma. Honorable Thad Balkman, Judge. Appellants, Richard and Camela Lathrop, seek review of the district court’s July 10, 2020 order denying the Lathrops’ motion for attorney fees and costs, which the Lathrops filed after the district court entered judgment on the merits on April 4, 2018. The underlying cause concerned the conveyance of a property the district court determined was fraudulently transferred, and the resulting mortgage transfer to Deutsche Bank, Appellee, was found to be void. The April 4, 2018 order awarded the Lathrops a first priority mortgage, with corresponding interest, and Deutsche Bank was awarded a second priority mortgage, plus an additional lien for Deutsche Bank’s payment of ad valorem taxes and insurance, as well as corresponding interest. The trial court later denied the Lathrops’ request for attorney fees and costs. On appeal, we AFFIRM the denial.  Opinion by PEMBERTON, P.J.; SWINTON, C.J., and BELL, J., concur.  June 21, 2021

Division IV

119,047 — Jennifer Hoge Kondziela, an individual, Shelby Hoge Comeaux, an individual, and Cortland Hoge, an individual, Plaintiffs/Appellants, vs. Brush Creek Farms, Inc., Successor by merger to Trails End Land and Cattle Company, and NBC Oklahoma, Defendants/Appellees, and Stride Bank, N.A., formerly Central National Bank & Trust Co., of Enid, Defendant.  Appeal from the District Court of Major County, Hon. Timothy Haworth, Trial Judge.  Jennifer Hoge Kondziela, Shelby Hoge Comeaux, and Cortland Hoge (Plaintiffs/Appellants) appeal a decision of the district court dismissing their petition for reformation of a mineral deed on the grounds that the statute of limitation for reformation had expired.  We find that the law does allow tolling of the limitations period in a reformation case under certain circumstances, and that the current pleadings do not show that tolling was unavailable in this case.  We therefore reverse the dismissal by the district court.  We make no decision as to whether tolling should have been granted here, but hold that the question could not be resolved by a motion to dismiss based on the current pleadings.  REVERSED AND REMANDED.  Opinion from Court of Civil Appeals, Division IV, by HIXON, P.J.; FISCHER, V.C.J., and RAPP, J., concur.  June 17, 2021

---

Return To: