Oklahoma Supreme Court Decisions 2012
Date: December 18, 2012
Citation: 2012 OK 112
Docket Number: 106821
Justia Opinion Summary: The Oklahoma Tax Commission appealed a ruling by the District Court of Grady County which found a decedent's outstanding 1978-1985 income tax liability was barred from collection through Decedent's probate case. The…
Date: December 18, 2012
Citation: 2012 OK 111
Docket Number: 107956
Justia Opinion Summary: In 2005, Applicant Michael Benson made an application to Leader Life for a life insurance policy, naming his wife Shannon, as Beneficiary. The application asked if the applicant had ever been treated for liver disease,…
Date: December 18, 2012
Citation: 2012 OK 114
Docket Number: 108829
Justia Opinion Summary: Petitioner wife filed for divorce in 2007. The trial court disposed of the marital estate and found it to include a third home the parties occupied during marriage as well as two rental properties the husband purchased…
Date: December 18, 2012
Citation: 2012 OK 113
Docket Number: 110622
Justia Opinion Summary: In a matter of first impression, the issue before the Supreme Court was whether proceedings in aid of execution or judgment collection pursued within an action under the Uniform Fraudulent Transfers Act (UFTA) must be…
Date: December 18, 2012
Citation: 2012 OK 110
Docket Number: 111016
Justia Opinion Summary: Plaintiff-Appellant Ada Electric Cars, LLC filed suit against Defendants-Appellees Thomas Kemp Jr., Jerry Johnson, Dawn Cash, and Rick Miller, members of the Oklahoma Tax Commission (OTC), in their individual capacities,…
Date: December 11, 2012
Citation: 2012 OK 107
Docket Number: 110890
Justia Opinion Summary: Petitioner Vincent James Hogg, Sr. sought review of a Workers' Compensation Court order which denied his workers' compensation benefits based upon the court's interpretation of 85 O.S. 2011, section 312 (3). Petitioner…
Date: December 11, 2012
Citation: 2012 OK 109
Docket Number: SCBD-5845
Date: December 11, 2012
Citation: 2012 OK 108
Docket Number: SCBD-5869
Date: December 4, 2012
Citation: 2012 OK 106
Docket Number: 107854
Justia Opinion Summary: In May 2006, Appellant Samantha Million brought suit against her male cousin, Appellee Jay Scott Million, alleging multiple acts of sexual abuse against her when she was a minor, during the years1980 through 1983. The…
Date: December 4, 2012
Citation: 2012 OK 101
Docket Number: 108330
Date: December 4, 2012
Citation: 2012 OK 104
Docket Number: 109516
Justia Opinion Summary: Claimant Charles Prince filed a claim in the Workers' Compensation Court in 2009 alleging a cumulative trauma employment-related injury to his right foot, with date of last exposure in late 2008. The trial court found…
Date: December 4, 2012
Citation: 2012 OK 102
Docket Number: 110765
Date: November 20, 2012
Citation: 2012 OK 96
Docket Number: 108990
Justia Opinion Summary: Workers' compensation claimant Kristy Dunkelgod was injured in an employment-related accident in 2011 while working for Williams Companies, Inc. The Workers' Compensation Court entered several orders awarding claimant…
Date: November 20, 2012
Citation: 2012 OK 97
Docket Number: 109218
Justia Opinion Summary: The appellant wife and the appellee husband owned a business together. The business had been the sole property of the wife until shortly before the parties' marriage, when the husband bought a forty-nine percent interest…
Date: November 20, 2012
Citation: 2012 OK 98
Docket Numbers: 110694, Consol. w/110693
Date: November 20, 2012
Citation: 2012 OK 99
Docket Number: 111015
Date: November 20, 2012
Citation: 2012 OK 95
Docket Number: SCBD-5814
Date: November 13, 2012
Citation: 2012 OK 94
Docket Number: 108550
Justia Opinion Summary: David Jordan brought an intentional tort action against his employer, Western Farmers Electric Cooperative, for injury from on-the-job exposure to allegedly highly toxic fly ash. Jordan alleged Western's spread of this…
Date: November 13, 2012
Citation: 2012 OK 93
Docket Numbers: 5748, SCBD-4758
Date: November 6, 2012
Citation: 2012 OK 92
Docket Numbers: OBAD-1884, SCBD-5805
Date: November 6, 2012
Citations: 2012 OK 91, 288 P.3d 935
Docket Number: SCBD-5871
Date: October 30, 2012
Citation: 2012 OK 89
Docket Number: 109190
Justia Opinion Summary: The issue before the Supreme Court in this case was whether the good faith requirement of 12A O.S. 2011 section 2-403 extended to third parties and requires that the third party be notified of a debtor's financial…
Date: October 30, 2012
Citation: 2012 OK 90
Docket Number: 110251
Justia Opinion Summary: The Oklahoma Department of Human Services filed a "Motion to Determine [Child Support] Arrearage" and a "Motion to Modify [reduce] Child Support" in its administrative court on behalf of the father of children receiving…
Date: October 23, 2012
Citations: 2012 OK 87, 288 P.3d 533
Docket Number: 109468
Date: October 23, 2012
Citations: 2012 OK 88, 288 P.3d 535
Docket Numbers: OBAD-1912, SCBD-5879
Date: October 16, 2012
Citations: 2012 OK 86, 287 P.3d 986
Docket Number: 109566
Justia Opinion Summary: Debtor Jennifer Lynn Jackson purchased a horse trailer in 2003 for personal use with the proceeds of a purchase-money loan from Defendant Arvest Bank. The Oklahoma Tax Commission issued a certificate of title for the…
Date: October 15, 2012
Citation: 2012 OK 85
Docket Number: SCBD-5846
Date: October 15, 2012
Citation: 2012 OK 83
Docket Number: SCBD-5868
Date: October 15, 2012
Citations: 2012 OK 84, 288 P.3d 246
Docket Numbers: Consol. w/5847, SCBD-5932
Date: October 8, 2012
Citation: 2012 OK 82
Docket Number: SCAD-2012-63
Date: October 2, 2012
Citation: 2012 OK 81
Docket Number: 109210
Justia Opinion Summary: A Decree of Divorce entered August 1, 2008, granted the parties a divorce and awarded the appellee (Mother) alimony, to be paid periodically for seventy-two months, plus child support. The appellant (Father) lost his job…
Date: September 18, 2012
Citations: 2012 OK 80, 286 P.3d 643
Docket Number: 106269
Justia Opinion Summary: Oklahoma Department of Corrections inmate Sonny Lauren Harmon brought an action against three employees of the John Lilley Correctional Center, Paul Cradduck, Warden Glynn Booher, and Alice Turner, following the seizure…
Date: September 18, 2012
Citations: 2012 OK 79, 286 P.3d 638
Docket Number: 108342
Justia Opinion Summary: The issue before the Supreme Court in this case concerned a dispute over the title to real property along the Red River in Tillman County, Oklahoma. Plaintiff-Appellee, Chad H. Akin asserted title by adverse possession,…
Date: September 18, 2012
Citation: 2012 OK 76
Docket Number: 109176
Justia Opinion Summary: The issue in this case was whether the parties' dispute over a provision in their lease for a shopping center store had to be resolved under the arbitration provision in the lease or whether it could have been resolved…
Date: September 18, 2012
Citation: 2012 OK 75
Docket Number: 110662
Justia Opinion Summary: Zaloudek Grain Company held a workers' compensation policy with CompSource Oklahoma for approximately ten years prior to 2011. Zaloudek was required each year to provide payroll audit information to CompSource. The audit…
Date: September 18, 2012
Citation: 2012 OK 77
Docket Numbers: 5932, SCBD-5847
Date: September 10, 2012
Citation: 2012 OK 72
Docket Number: SCBD-5807
Date: September 10, 2012
Citation: 2012 OK 74
Docket Number: SCBD-5823
Date: September 10, 2012
Citations: 2012 OK 73, 286 P.3d 1228
Docket Number: SCBD-5842
Date: September 10, 2012
Citations: 2012 OK 71, 285 P.3d 1110
Docket Number: SCBD-5843
Date: September 10, 2012
Citation: 2012 OK 70
Docket Number: SCBD-5903
Date: August 22, 2012
Citation: 2012 OK 69
Docket Number: SCBD-5902
Date: July 3, 2012
Citations: 2012 OK 68, 281 P.3d 1278
Docket Number: 108430
Justia Opinion Summary: In August of 2009, Samson Resources Company owned oil and gas leases covering 87.78 mineral acres in Roger Mills County, Oklahoma, including the Schaefer Lease. The Schaefer Lease covered 70 net acres in the Southwest…
Date: June 28, 2012
Citations: 2012 OK 67, 281 P.3d 1275
Docket Numbers: (Consol. w/110611), 110610
Date: June 26, 2012
Citation: 2012 OK 65
Docket Number: 109030
Justia Opinion Summary: An employee of a tribal enterprise sought to invoke the jurisdiction of the Oklahoma Workers' Compensation Court. Petitioner John A. Waltrip fell on a patch of ice while working as a surveillance supervisor at a casino…
Date: June 26, 2012
Citations: 2012 OK 66, 281 P.3d 1264
Docket Number: SCBD-5693
Date: June 26, 2012
Citations: 2012 OK 64, 280 P.3d 968
Docket Numbers: OBAD-1881, SCBD-5788
Date: June 25, 2012
Citation: 2012 OK 62
Docket Number: SCBD-5892
Date: June 25, 2012
Citation: 2012 OK 63
Docket Number: SCBD-5893
Date: June 21, 2012
Citation: 2012 OK 61
Docket Number: SCAD-2012-36
Date: June 19, 2012
Citations: 2012 OK 59, 282 P.3d 775
Docket Number: 107508
Justia Opinion Summary: The Tulsa County Assessor's office assessed ad valorem taxes on the Shadybrook Apartment Complex for the years 2004, 2005, and 2006. Shadybrook, under protest, timely paid the taxes each year, but appealed the Assessor's…
Date: June 19, 2012
Citation: 2012 OK 60
Docket Number: 109049
Justia Opinion Summary: A commercial website operator filed this declaratory judgment action seeking a determination of the reasonableness of the fee charged by the Rogers County Clerk for electronic copies of records and for a determination…
Date: June 12, 2012
Citations: 2012 OK 54, 280 P.3d 328
Docket Number: 108383
Justia Opinion Summary: In 2005, Defendants-Appellants Robert and Shelly Heath executed a promissory note in favor of Option One Mortgage Corporation (Option One) which was secured by a mortgage. Defendants defaulted on the note in 2008.…
Date: June 12, 2012
Citations: 2012 OK 56, 280 P.3d 966
Docket Number: 109244
Date: June 12, 2012
Citations: 2012 OK 55, 280 P.3d 956
Docket Number: 109942
Justia Opinion Summary: In 2005, Appellants Billy and Jeanette Baber executed a promissory note ("Note") payable to Ameriquest Mortgage Company, Inc. ("Lender"). To secure payment of the Note, Appellants executed and delivered to Mortgage…
Date: June 12, 2012
Citations: 2012 OK 53, 280 P.3d 959
Docket Number: 110349
Justia Opinion Summary: The United States Court of Appeals for the Tenth Circuit certified two questions under the Revised Uniform Certified Questions of Law Act. Plaintiff-Appellant Oklahoma Corrections Professionals Association having a…
Date: June 12, 2012
Citations: 2012 OK 57, 284 P.3d 469
Docket Number: SCAD-2012-35
Date: June 11, 2012
Citations: 2012 OK 58, 280 P.3d 327
Docket Numbers: OBAD-1922, SCBD-5884
Date: June 5, 2012
Citations: 2012 OK 51, 280 P.3d 943
Docket Number: 109039
Justia Opinion Summary: The State pursuant to Grand Jury Proceedings in Pawnee County, accused Appellant Roger Lee Price, the elected Sheriff of Pawnee County, of wilful neglect of duty and sought his removal from office. A jury trial was held…
Date: June 5, 2012
Citations: 2012 OK 50, 280 P.3d 323
Docket Number: 109150
Justia Opinion Summary: Claimant Barton J. Rodr was a full-time computer programmer employed by Yzer, Inc. He suffered a heart attack while doing lawn work for his employer on the employer's premises. He was not paid anything additional for the…
Date: June 4, 2012
Citations: 2012 OK 52, 283 P.3d 308
Docket Number: 110606
Date: May 29, 2012
Citations: 2012 OK 49, 279 P.3d 788
Docket Number: 108864
Justia Opinion Summary: This case concerned a summary judgment granted by the district court in favor of the Plaintiff-Appellee RAHI Real Estate Holdings, LLC, against the Defendants-Appellants Vincent and Leslie Adams. The original plaintiff,…
Date: May 21, 2012
Citation: 2012 OK 48
Docket Number: SCBD-5753
Date: May 15, 2012
Citations: 2012 OK 47, 278 P.3d 602
Docket Number: 109559
Justia Opinion Summary: In 2010, the Oklahoma Legislature amended the Oklahoma Tax Code to require municipalities to contract with the State of Oklahoma through the Oklahoma Tax Commission to assess, collect and enforce municipal taxes. Prior…
Date: May 14, 2012
Citations: 2012 OK 46, 284 P.3d 467
Docket Number: SCAD-2012-28
Date: May 8, 2012
Citations: 2012 OK 45, 277 P.3d 1282
Docket Number: 108677
Justia Opinion Summary: Claimant Kelly Mowdy filed a workers' compensation claim after a spider bit him. Claimant worked as a floor hand for Petitioner Nomac Drilling, LLC when he noticed two red bumps on his knee. He reported the bumps to his…
Date: May 8, 2012
Citations: 2012 OK 44, 277 P.3d 1269
Docket Numbers: OBAD-1809, SCBD-5783
Date: May 1, 2012
Citations: 2012 OK 41, 279 P.3d 782
Docket Number: 108943
Justia Opinion Summary: The Oklahoma Tax Commission assessed corporate income taxes against Vermont Corporation Scioto Insurance Company for 2001 through 2005, based on payments Scioto received from the use of Scioto's intellectual property by…
Date: May 1, 2012
Citations: 2012 OK 43, 280 P.3d 936
Docket Number: 109648
Justia Opinion Summary: Defendants-Appellants John and Lisa Alexander appealed the grant of summary judgment in favor of U.S. Bank National Association as trustee for for Credit Suisse First Boston HEAT 2005-4. Defendants executed a note to…
Date: April 30, 2012
Citations: 2012 OK 42, 286 P.3d 637
Docket Number: 110545
Date: April 24, 2012
Citations: 2012 OK 39, 276 P.3d 1031
Docket Number: 105902
Justia Opinion Summary: Plaintiffs-Appellees Guy and Midge Ledbetter sued Defendant-Appellant Derek Howard and his employer Radiology Services of Ardmore, Inc. for malpractice. Plaintiffs alleged that the doctor misread an x-ray which caused…
Date: April 23, 2012
Citations: 2012 OK 40, 286 P.3d 637
Docket Number: 110488
Date: April 23, 2012
Citation: 2012 OK 38
Docket Number: SCAD-2012-26
Date: April 19, 2012
Citation: 2012 OK 36
Docket Number: SCBD-5868
Date: April 19, 2012
Citation: 2012 OK 37
Docket Number: SCBD-5869
Date: April 17, 2012
Citations: 2012 OK 35, 276 P.3d 1022
Docket Number: SCBD-5756
Date: April 16, 2012
Citations: 2012 OK 34, 277 P.3d 1266
Docket Number: 110263
Justia Opinion Summary: The issue before the Supreme Court concerned a petition for rehearing a prior Supreme Court order that granted Appellee's motion to dismiss the appeal because of an untimely filed petition in error. Appellants' Appletree…
Date: April 10, 2012
Citations: 2012 OK 31, 276 P.3d 1017
Docket Number: 108513
Justia Opinion Summary: The Supreme Court granted certiorari to address the first-impression question of whether a bail bondsman's failure to timely pay the order and judgment of forfeiture within ninety-one (91) days after receipt of notice…
Date: April 10, 2012
Citations: 2012 OK 32, 278 P.3d 596
Docket Number: 109763
Justia Opinion Summary: Appellants David and Barbara Moore defaulted on the Note to their mortgage in 2008. U.S. Bank, National Association, commenced foreclosure proceedings later that year, not in its individual capacity, but solely as…
Date: April 10, 2012
Citations: 2012 OK 30, 276 P.3d 1013
Docket Number: 109810
Justia Opinion Summary: Claimant Carl Wynne was a truck driver. While he was in Tennessee driving a truck for his former employer, he heard that Triad Transport, Inc. was hiring. Claimant called Triad’s headquarters in McAlester and spoke to a…
Date: April 9, 2012
Citations: 2012 OK 33, 276 P.3d 1012
Docket Numbers: SCBD-5778, SCBD-5824
Date: April 3, 2012
Citations: 2012 OK 25, 275 P.3d 144
Docket Number: 108079
Date: April 3, 2012
Citations: 2012 OK 26, 275 P.3d 147
Docket Number: 109824
Justia Opinion Summary: Appellants Cindy and Theron Tacker appealed the grant of summary judgment in favor of NTex Realty, LP. In 2007, Appellants executed a promissory note payable to Home Funds Direct, Inc. Appellants executed a mortgage and…
Date: April 3, 2012
Citations: 2012 OK 29, 275 P.3d 133
Docket Number: SCBD-5735
Date: March 12, 2012
Citation: 2012 OK 27
Docket Number: SCBD-5842
Date: March 12, 2012
Citation: 2012 OK 28
Docket Number: SCBD-5843
Date: March 6, 2012
Citations: 2012 OK 17, 278 P. 3 577
Docket Number: 107302
Justia Opinion Summary: A jury returned verdicts in favor of all defendants on plaintiffs' medical malpractice claims. Thereafter, plaintiffs learned that a juror had voluntarily disclosed bias towards plaintiffs' cause of action and…
Date: March 6, 2012
Citations: 2012 OK 18, 277 P.3d 1259
Docket Number: 107979
Justia Opinion Summary: The issue on appeal to the Supreme Court concerned medical malpractice claims that Plaintiff Bob Parris brought against the medical providers who were involved in his prostate cancer diagnosis, the surgery to remove it…
Date: March 6, 2012
Citations: 2012 OK 22, 278 P.3d 586
Docket Number: 108384
Justia Opinion Summary: In 2004, Appellants Cin Kham and Ngul Liam Cing executed an adjustable rate note in favor of Encore Credit Corporation. Contemporaneously, Appellants executed a mortgage to secure the note. The mortgage named Mortgage…
Date: March 6, 2012
Citation: 2012 OK 21
Docket Number: 109046
Justia Opinion Summary: Fifty-four individuals and business entities sued Appellants-Defendants Tyson Foods, Inc., Tyson Poultry, Inc., and Russell Adams (collectively, Tyson), in association with contracts under which they were to raise…
Date: March 6, 2012
Citations: 2012 OK 23, 276 P.3d 1006
Docket Number: 109660
Justia Opinion Summary: In a petition filed in 2010, Plaintiff-Appellee Bank of America, NA claimed to be the present holder of the note initiated a foreclosure action against Defendants Momodu Kabba and his wife. Bank of America claimed to…
Date: March 6, 2012
Citations: 2012 OK 24, 273 P.3d 62
Docket Number: 109900
Justia Opinion Summary: In 2007, Appellants David and Mary Eldridge executed a promissory note and mortgage in favor of Plaintiff-Appellee J.P. Morgan Chase Bank, N.A. In both the Note and the Mortgage, "JP Morgan Chase Bank, N.A." was…
Date: March 6, 2012
Citations: 2012 OK 19, 284 P.3d 467
Docket Number: SCAD-2012-2
Date: March 6, 2012
Citations: 2012 OK 20, 273 P.3d 56
Docket Number: SCBD-5739
Date: February 28, 2012
Citations: 2012 OK 14, 273 P.3d 43
Docket Number: 108427
Justia Opinion Summary: In 2009, Plaintiff-Appellee Deutsche Bank National Trust Company, as Trustee for J.P. Morgan Mortgage Acquisition Trust 2007-CH3 (Deutsche Bank) filed a foreclosure action against Defendant-Appellant Theron Matthews.…
Date: February 28, 2012
Citations: 2012 OK 15, 273 P.3d 50
Docket Number: 109999
Justia Opinion Summary: In a petition filed in the fall of 2010, Plaintiff-Appellee Deutsche Bank National Trust Company alleged to be the "present holder" of the note and mortgage, and initiated a foreclosure action against Defendant-Appellant…
Date: February 27, 2012
Citation: 2012 OK 16
Docket Number: SCAD-2012-5
Date: February 14, 2012
Citations: 2012 OK 10, 276 P.3d 1002
Docket Number: 109905
Justia Opinion Summary: Plaintiff-Appellee HSBC Bank USA, NA, claimed to be the holder of a note and mortgage on Defendants-Appellants Wesley and Pamela Lyon's house, and initiated foreclosure proceedings against them. HSBC filed a first…
Date: February 14, 2012
Citations: 2012 OK 12, 271 P.3d 64
Docket Number: SCBD-5749
Date: February 14, 2012
Citation: 2012 OK 13
Docket Number: SCBD-5827
Date: February 9, 2012
Citations: 2012 OK 11, 271 P.3d 62
Docket Number: SCBD-5828
Date: February 7, 2012
Citations: 2012 OK 8, 276 P.3d 989
Docket Number: 107292
Justia Opinion Summary: Tracy Stanfield was injured in 1992. A settlement relating to his injuries resulted in an annuity providing periodic payments to Stanfield from Metropolitan Life Insurance Company (MetLife). Stanfield assigned certain…
Date: February 7, 2012
Citations: 2012 OK 9, 273 P.3d 877
Docket Number: 109146
Justia Opinion Summary: In 2005, Plaintiff Marlene Harris purchased a car from Defendant David Stanley Chevrolet. Her purchase agreement contained an arbitration provision that applied to any "controversy, claim or dispute between the Purchaser…
Date: January 31, 2012
Citations: 2012 OK 5, 272 P.3d 705
Docket Number: 105942
Justia Opinion Summary: Plaintiffs-Appellants Carolyn Covel, Tonni Covel, Toby Keith Covel and Tracy Covel filed a wrongful death action against Defendants-Appellees Pedro Rodriguez (d/b/a Rodriguez Transportes) and Republic Western Insurance…
Date: January 31, 2012
Citation: 2012 OK 6
Docket Number: 108620
Justia Opinion Summary: The trial court granted summary judgment to Defendants-Appellees Seymour Law Firm, R. Thomas Seymour and Scott A. Graham, based on the legal theory that its failure to enforce an attorney's lien within one year after it…
Date: January 31, 2012
Citations: 2012 OK 7, 272 P.3d 717
Docket Number: SCBD-5724
Date: January 17, 2012
Citations: 2012 OK 1, 273 P.3d 40
Docket Number: 107842
Justia Opinion Summary: Plaintiff-Appellee Shelly Dilbeck initiated an action to enforce her 2001 divorce decree. Among the issues she raised, the district court decided that an acceleration clause on interest on the property division in a…
Date: January 17, 2012
Citations: 2012 OK 4, 275 P.3d 129
Docket Number: 108545
Justia Opinion Summary: Plaintiff-Appellee Deutsche Bank National Trust filed a foreclosure action against Defendants-Appellants Natacha and Jevester Bryams, Jr. Deutsche Bank claimed at that time to hold the note and mortgage having received…
Date: January 17, 2012
Citations: 2012 OK 3, 270 P.3d 151
Docket Number: 109223
Justia Opinion Summary: Plaintiff-Appellee Deutsche Bank National Trust filed a foreclosure action against Defendant-Appellant Dennis Brumbaugh. Appellant and his wife Debra executed a note and mortgage with Long Beach Mortgage Company in 2002.…
Date: January 17, 2012
Citations: 2012 OK 2, 270 P.3d 155
Docket Number: 110042
Justia Opinion Summary: Senator Jim Wilson filed suit in an attempt to have the State Senate Redistricting Act of 2011 declared invalid after the Supreme Court rejected his attempt to have the Act declared unconstitutional. In an earlier case,…
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