Case law

Handy v. City of Lawton

63 O.B.A.J. 2309 · Supreme Court of Oklahoma · Jul 14, 1992

I would require the trial court to hold an adversary eviden-tiary hearing and then rule on whether the medical payments in contest are Handy’s own money or will qualify for credit on the judgment. … The payment is thus made from a “collateral source” — i.e., from a fund clearly separate from general government revenue.

Miami Business Services, LLC v. Davis

299 P.3d 477 · Supreme Court of Oklahoma · Apr 2, 2013

T6 In response to this Court's show cause order, Miami argued that: 1) the order affected a substantial part of the merits of the case and thus qualified as a final order under 12 0.8.2011 $ 953; 4 2) that statutes granting … sought did in fact impact the cause. 1 16 It makes no sense to waste the time and money of the judiciary and the litigants on protracted litigation when the irreparable harm caused by not disqualifying counsel for a party is clearly

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. WARD and STATE ex rel. OKLAHOMA BAR ASSOCIATION v. STARR

2015 OK 48 · Supreme Court of Oklahoma · Jun 23, 2015

treatment in pending or potential criminal cases in exchange for testimony in this case and any and all consideration or promises of consideration given to any witness by the State or its attorney, including but not limited to immunity … Pippin in the murder created a serious risk with respect to his client's involvement. 59 ¶50 Our record clearly reveals that appellate counsel for Mr.

Hulsey v. Mid-America Preferred Insurance Co.

777 P.2d 932 · Supreme Court of Oklahoma · Jul 11, 1989

The statutory language, above, clearly mandates UM protection for an insured and such protection is not conditioned upon a wrongdoer's state of mind. … Chamberlin, Okl., 720 P.2d 721, 723 [1986]), the appearance docket may serve in an appellate tribunal as an authoritative source for identifying the instruments the court clerk has filed in the case or for establishing any

State Ex Rel. Wright v. Oklahoma Corp. Commission

170 P.3d 1024 · Supreme Court of Oklahoma · Oct 3, 2007

We address both petitions for certiorari in the order presented by Phillips. 117 A gui tom request is one brought under a statute that establishes a penalty for the commission or omission of a certain act and provides that … Clearly, a declaratory judgment proceeding brought by officials in response to a demand letter is one of many procedurally appropriate responses. Tal II, supra.

CROWNOVER v. KEEL

2015 OK 35 · Supreme Court of Oklahoma · May 26, 2015

STANDARD OF REVIEW ¶11 A moving party is entitled to summary judgment as a matter of law only when the pleadings, affidavits, depositions, admissions, or other evidentiary materials establish that no genuine issue of material … Crownover, TTEE, whereas the property was clearly held in the name of Vernon L. Crownover.

Oklahoma Public Employees Ass'n v. Oklahoma Department of Central Services

73 O.B.A.J. 2583 · Supreme Court of Oklahoma · Sep 24, 2002

Liberty must operate the facility in accordance with the established policies of DHS and the Developmental Disabilities Service Division. 8. … Liberty must operate the facility in accordance with the established policies of DHS and the Developmental Disabilities Service Division, and 2.

Williams Natural Gas Co. v. . State Board of Equalization

65 O.B.A.J. 4201 · Supreme Court of Oklahoma · Dec 20, 1994

This is so because both statutes clearly call for an unmistakable violation of the 14th Amendment's Equal Protection Clause. [44] The U.S. … State legislation passed in response to these federal-law commands clearly violates the 14th Amendment.

CITY OF OKLAHOMA CITY v. OKLAHOMA CORPORATION COMMISSION

2024 OK 77 · Supreme Court of Oklahoma · Nov 6, 2024

. ¶6 The Tax Commission's letter commented on the jurisdiction of the Corporation Commission and stated it is "required to review the qualified costs of the utility and determine whether the amounts incurred would otherwise … Sixth paragraph: States established rates are billed to customers by Commission-approved tariffs. Seventh paragraph: States respondents bill customers for franchise fees by Commission-approved tariffs.

OKLAHOMA COALITION FOR REPRODUCTIVE JUSTICE v. CLINE

2016 OK 17 · Supreme Court of Oklahoma · Feb 23, 2016

The FDA has not established a casual connection between the off-label protocol and the deaths. … A statute will be upheld unless it is clearly, palpably, and plainly inconsistent with the Constitution. Id.

Arbuckle Abstract Co. v. Scott

975 P.2d 879 · Supreme Court of Oklahoma · Feb 2, 1999

have statutory authority under the OAL to replace or restore missing records of a district court clerk or county clerk that may be deemed necessary to be contained or reflected in an abstract plant under the OAL, the A & I clearly … The petition contained two other causes of action: 1) for a declaration indexes and records placed in computer systems qualified as an "other system of indexes” as required by the OAL, § 227.15 and 2) that Arbuckle Abstract

Labadie v. United States

6 Okla. 400 · Supreme Court of Oklahoma · Jul 30, 1897

.” *410 A careful consideration of all the treaties will clearly demonstrate that the Osages are occupying their reservation under the express sanction of the United States. … In addition to this protection the government, in the hope that some of this once powerful people may be saved to posterity, has established schools for the young, workshops for the middle aged, and placed in charge of such

Marland v. Gillespie

168 Okla. 376 · Supreme Court of Oklahoma · Mar 13, 1934

In my. opinion, the deed on its face shows clearly that it is for a right of way for a railroad track in accordance with a survey showing its route. … Whether the right of way purchased should be designated as an easement or as a qualified or determinable fee, may not be very important.

IN THE MATTER OF V.J.R.

2024 OK 66 · Supreme Court of Oklahoma · Sep 24, 2024

Moreover, the DHS social worker and the highly qualified forensic interviewer both testified that they found Child's disclosures to be credible. … When two statutes are in conflict, it is a well-established principle that the more specific enactment will control. Brown v. Creek Cty. ex rel. Creek Cty. Bd. of Cty.

Massachusetts Bonding Ins. Co. v. Vance

74 Okla. 261 · Supreme Court of Oklahoma · Jun 25, 1918

It appears that the complainants, a corporation established in New York, having made insurance- of the ship Great Republic to a ' large amount, authorized Chas. W. Story a! … This case comes clearly within the rule laid down by the Supreme Court of the United States in the case of Union Mut. Life Ins. Co. v. Wilkinson, 13 Wall. 222 , 20 L.

Leatherman v. Yancey

75 O.B.A.J. 3213 · Supreme Court of Oklahoma · Dec 7, 2004

; evidence; determination of damage to child No termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified … Clearly the 10th Circuit questions the exception's viability as applied to the federal Act. .

Walton, Mayor v. Donnelly

83 Okla. 233 · Supreme Court of Oklahoma · Jun 28, 1921

and the decisions of the Supreme Court of the United States from the time Chief Justice Marshall abhered 'to the rule up until the present time, it is obvious that it is a dangerous precedent to depart from a rule so well established … purely a municipal matter, and that a court of equity is without jurisdiction to issue the extraordinary writ of injunction and interfere in a purely municipal governmental affair where the action sought to be enjoined is clearly

Kale v. Humphrey

67 Okla. 197 · Supreme Court of Oklahoma · Sep 11, 1917

Kale clearly and consistently obscured his personality and carried on the correspondence from the Oklahoma end in the name of his wife, the real party in interest. … The entries on the execution docket corroborate these facts, and, altogether, are sufficient to establish prima facie that such a 'transcript was properly filed as provided by law.

Bank IV Oklahoma, N.A. v. Southwestern Bank & Trust Co.

68 O.B.A.J. 995 · Supreme Court of Oklahoma · Mar 18, 1997

The law will not, and cannot, tolerate more than one record entry of the same ruling. [15] The December 29, 1995 memorial's content and substance qualify it as a final disposition of Bank IV's quest for summary relief. … "It creates preference and establishes inequity." Barrett v.

King v. King

76 O.B.A.J. 362 · Supreme Court of Oklahoma · Feb 1, 2005

Intent is ascertained from the whole act in light of its general purpose and objective 43 considering relevant provisions together to give full force and effect to each. 44 When a special statute clearly includes the matter … Rather, counsel-fee allowances are granted only to the litigant who qualifies for the benefit through the process of a judicial balancing of the equities. 56 This Court determines the right for appellate attorney fees in