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Dispositions Other than by Published Opinions | November 17

November 16, 2021

Oklahoma Court of Civil Appeals

Division I

118,961 – RST Construction LLC d/b/a Petree Construction, Plaintiff/Appellee, v. AWS Roofing Services, Inc., and State Automobile Mutual Insurance Company, Defendants/Appellants, and AWS Roofing Midwest, Drytech Roofing and Restoration, LLC, Successor in Interest to AWS Midwest and/or Its Alter Ego, Defendant.  Appeal from the District Court of Tulsa County, Oklahoma.  Honorable Daman H. Cantrell, Judge.  This action arises from the alleged breach of a subcontract wherein the trial court determined Defendant, AWS Roofing Services, Inc., [Florida] liable for breach of contract.  It also determined Defendant, State Automobile Mutual Insurance Company, [State] and Florida were liable on a payment bond and a performance bond.  It awarded actual damages against State and Florida and punitive damages against Florida.  It denied State’s and Florida’s motion to reconsider.  We reverse.  Opinion by GOREE, P.J.; MITCHELL, J., and PRINCE, J., concur. – Nov. 12, 2021

119,503 – In The Matter of S.G.J., An Alleged Deprived Child: Robert Jewett and Julia Jewett, Respondents/Appellants, v. State of Oklahoma, Petitioner/Appellee.  Appeal from the District Court of Custer County, Oklahoma.  Honorable Donna L. Dirickson, Judge.  Julia Jewett, the natural mother, and Robert Jewett, the natural father, collectively, seek review of the trial court’s order terminating their parental rights to S.G.J., a minor child, following a jury trial.  The jury’s verdict was based on the following findings:  S.G.J. was in the foster care system for the statutorily required length of time for termination, Parents failed to correct the conditions that led to S.G.J. being adjudicated deprived, the conditions leading to the previous deprived adjudications of S.G.J.’s siblings had reoccurred and termination was in the best interests of the child.  We find the trial court’s judgment is supported by clear and convincing evidence and AFFIRM.  Opinion by MITCHELL, J.; GOREE, P.J., and PRINCE, J., concur. – Nov. 12, 2021

Division II

119,239 – In the Matter of T.S., Alleged Deprived Child:  Jonathan Stutzman, Appellant, v. State of Oklahoma, Appellee.  Appeal from the District Court of Oklahoma County, Hon. Lydia Y. Green, Trial Judge.  In this termination of parental rights proceeding, Jonathan Stutzman (Father) appeals from an order of the trial court entered upon a jury verdict terminating his parental rights to his minor child, T.S.  Based on our review of the record on appeal and applicable law, we conclude State proved by clear and convincing evidence that Father failed to correct the conditions found by the jury to have been uncorrected and that it is in T.S.’s best interest that Father’s parental rights be terminated.  Consequently, we conclude the trial court did not err in ordering the termination of parental rights.  We further conclude the trial court did not abuse its discretion in refusing to give Father’s requested instruction.  Accordingly, we affirm.  AFFIRMED. Opinion from Court of Civil Appeals, Division II, by BARNES, J.; WISEMAN, P.J., and BLACKWELL, J., concur. – Nov. 15, 2021

Division IV

118,921 — Michael C. Washington, Plaintiff/Appellant, vs. Rex Hodges, Defendant/Appellee.  Appeal from an Order of the District Court of Oklahoma County, Hon. Thomas E. Prince, Trial Judge.  Plaintiff Michael C. Washington appeals a journal entry of judgment awarding Washington no damages following evidentiary hearing or non-jury trial, and denial of a motion for Order Nunc Pro Tunc, which we treat as a motion to modify the judgment.  Washington supplied no transcript of the hearing, and no citation to any evidence of record to support his propositions of error.  We affirm the trial court’s judgment and order declining to modify the judgment.  AFFIRMED.  Opinion from Court of Civil Appeals, Division IV, by HIXON, P.J.; FISCHER, V.C.J., and RAPP, J., concur. – Nov. 10, 2021

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