Case law

In Re Adoption of Baby Girl B.

67 P.3d 359 · Court of Civil Appeals of Oklahoma · Mar 20, 2003

The plain language of the Act read as a whole and its legislative history clearly indicate that state courts are a part of the problem the ICWA was intended to remedy. … The trial court and the parties should also be cognizant of the "qualified expert witness" requirements of 25 U.S.C. § 1912 (f). The qualified expert testimony diminishes the risk of cultural bias.

McKee v. McKee

62 O.B.A.J. 3787 · Court of Civil Appeals of Oklahoma · Nov 12, 1991

There is no qualifying language to the phrase “material change in circumstances.” … However, the establishment of such a rule is clearly a function of the rule-making authority of the Oklahoma Supreme Court or, perhaps more appropriately, the province of the legislature.

Arnold v. Leader Federal Bank for Savings

73 O.B.A.J. 165 · Court of Civil Appeals of Oklahoma · Oct 5, 2001

Leader did not seek a deficiency judgment. 2 In 1999, the Arnolds attempted to obtain a new VA mortgage and discovered they did not qualify because the previous mortgage had not been released. … "Strict construction" requires the reviewing court to decline an expansion of the statute by implications or equitable considerations and confines its utilization to cases clearly within the letter of the statute, as well

AdvancePierre Foods, Inc. v. Garfield County Board of Taxroll Corrections

327 P.3d 538 · Court of Civil Appeals of Oklahoma · May 8, 2014

Qualifying manufacturing concern-Ad valorem tax exemption A. … Clearly the earlier Opinion, relied upon by Advance, is not applicable to the current provisions of Section 6A. See n. 5.

Haines Pipeline Construction, Inc. v. Exline Gas Systems, Inc.

67 O.B.A.J. 2515 · Court of Civil Appeals of Oklahoma · Jun 11, 1996

FDIC did not seek a determination of the amount still owed until it filed the motion for summary judgment in 1991, which was clearly more than ninety days past the 1986 sheriffs sale. … Consequently, the FDIC cannot have holder in due course status with respect to the guaranty and therefore is not immune to Payne’s defenses. This analysis is particularly appropriate after the decision in O’Melveny.

Hatton v. Lynch

249 P.3d 952 · Court of Civil Appeals of Oklahoma · Dec 10, 2010

Simply put, the requirements of § 5(A)(1)(c) were not established by Grandmother; therefore, the trial court's legal conclusion that Grandmother's petition "qualifies" for consideration is erroneous. 121 Further, we find … is urged to the "strict letter" of a statute and the literal interpretation would lead to an inconsistency or incongruity between different parts of the enactment as they bear on each other and would produce consequences clearly

Savage v. Burton

125 P.3d 1249 · Court of Civil Appeals of Oklahoma · Nov 15, 2005

Id. ¶ 7 At issue in the trial court was whether decedent qualified as an “insured” under Policy No. 246-2801-C13-36H. … Because Plaintiff was a participant in the alleged conversation she had with decedent regarding his residence, she “clearly had access to the relevant evidence at” the time of her deposition. Id.

Gipson v. Moghadam

75 O.B.A.J. 1949 · Court of Civil Appeals of Oklahoma · May 25, 2004

What Gipson leaves out of his analysis is that the Board Secretary clearly qualified her testimony by stating that the 2,026 figure represented registered voters residing in the county, while the statute requires a certain … Throughout this process of analysis it is the opponent's ultimate burden of proving non-registration clearly and convincingly.

STATE ex rel. DEPT. OF HUMAN SERVICES v. COLDWATER

2016 OK CIV APP 3 · Court of Civil Appeals of Oklahoma · Oct 22, 2015

If Mother can establish the requirements of § 118(C)(D)(2)(a), then the trial court must follow § 118C(D)(2)(b) and (c). … Once the trial court determines the number of qualified prior-born children, then that number can be inserted on the Child Support Computation form to determine the deduction amount.

SWEETEN v. LAWSON

2017 OK CIV APP 51 · Court of Civil Appeals of Oklahoma · Sep 19, 2017

The GTCA applies to the tort claims aspects of [the plaintiff's] statutory replevin remedy and provides immunity. … It is clearly proper to bring an action in replevin against a defendant in his individual capacity, even when he intends to act in another capacity.

McAlary v. State ex rel. Oklahoma Department of Human Services

233 P.3d 399 · Court of Civil Appeals of Oklahoma · Dec 31, 2009

In view of the "reliable, material, probative and substantial competent evidence" in the record, this finding is not clearly erroneous. 75 0.8.2001 § 822(1)(e). … Section 1396a(k) was known as the MQT statute because it worked to include Medicaid qualifying trusts (MQTs) into the calculation of available resources. Id.

Smith v. Munger

532 P.2d 1202 · Court of Civil Appeals of Oklahoma · Mar 6, 1975

The Geesing holding is an extension of case law construing the Oklahoma statutory provisions of immunity of a landlord to a tenant. . The remedies provided by 41 O. … Clearly, the Geesing case has its foundation in these sections of the statute. And it states the rule applicable to its particular facts.

DAVIS v. OKLAHOMA DEPARTMENT OF CORRECTIONS

370 P.3d 1231 · Court of Civil Appeals of Oklahoma · Mar 14, 2016

A constitutional right to travel is "fundamental,". and one that has been "firmly established and repeatedly recognized." United States v. Guest, 383 U.S. 745, 757-58 , 86 S.Ct. 1170, 1178 , 16 L.Ed.2d 239 (1966). … However, there is a general reference to constitutionally protected liberty interests, and Davis clearly asserted a due process claim in his Response to the Department's motion to dismiss.

Rogers v. State

285 P.3d 715 · Court of Civil Appeals of Oklahoma · Aug 21, 2012

Thus, Rogers was clearly a person authorized to file a motion for ex-pungement pursuant to 22 0.8.2011, § 18(1). … The factual innocence of the person was established by the use of deoxyribonucleic acid (DNA) evidence subsequent to conviction, including a person who has been released from prison at the time innocence was established;

In RE ESTATES OF McLEAN

231 P.3d 727 · Court of Civil Appeals of Oklahoma · Dec 4, 2009

There is no ambiguity in the text of the Will and insufficient evidence of latent ambiguity to warrant resort to extrinsic evidence to establish intent. … Clearly the tape will show testator's intent. *733 ¶ 4 Title 84 O.S.2001 § 20 does not control the admission of parol evidence.

Buechler v. State

175 P.3d 966 · Court of Civil Appeals of Oklahoma · Dec 7, 2007

It found Buechler qualifies for expungement of Count II under 22 O.S. § 18(7). 5 However, relying on Knight v. … It is clearly intended to aid those who are acquitted, exonerated, or who otherwise deserve a second chance at a ‘clean record.’ ” State of Okla. v. McMahon, 1998 OK CIV APP 103, ¶ 9 , 959 P.2d 607, 609 .

ROSS v. CITY OF OWASSO

2017 OK CIV APP 4 · Court of Civil Appeals of Oklahoma · Dec 12, 2016

We find that the Report qualifies as a personnel record that the City may keep confidential. … Disclosure of criminal activity would not result in a "clearly unwarranted invasion of personal privacy," and hence 51 O.S. Supp. 2014 § 24A.7(A)(2) cannot apply; 6.

Williams v. Nova Store Systems, L.L.C.

109 P.3d 356 · Court of Civil Appeals of Oklahoma · Dec 9, 2004

Section 171 established who was a physically impaired person under the Act. … The statute clearly states an employer is not liable for a preexisting impairment.

VANGUARD BUILDERS, INC. v. GRANITE RE, INC.

348 P.3d 1093 · Court of Civil Appeals of Oklahoma · Nov 25, 2014

Fidelity & Guaranty Co., 1970 OK 121 , 471 P.2d 883 , 'and appeared to reaffirm that a claim of immunity from recovery pursuant to the limitation period was subject to claims of waiver and estoppel. … Vanguard's right to payment or any amount due is not yet established, nor is LWCC's exact status as the main contractor.

In Re Estates of McLean

231 P.3d 727 · Court of Civil Appeals of Oklahoma · Dec 4, 2009

There is no ambiguity in the text of the Will and insufficient evidence of latent ambiguity to warrant resort to extrinsic evidence to establish intent. … Under Oklahoma law, the video tape is inadmissible to demonstrate Beulah's intentional omission of Bartley. 121 Beulah failed to clearly express her intent to disinherit Bartley in her Will.