Case law

Campbell v. Hunt JB Transport Services

73 O.B.A.J. 1163 · Court of Civil Appeals of Oklahoma · Feb 12, 2002

The court then concluded: "['TJhe limitation clearly serves one of the specified goals of the Workers' Compensation Act. … For those employees who do not have a relationship with a doctor, they can simply choose to participate in the plan and have a choice of qualified doctors.

Vandervort v. Vandervort

134 P.3d 892 · Court of Civil Appeals of Oklahoma · Dec 30, 2005

Their solution was to obtain a divorce in which Husband received virtually all the marital property, thereby qualifying Wife for government assistance when her progressive illness caused her health to deteriorate to the point … On the contrary, the evidence clearly establishes that Wife wanted this divorce, participated in obtaining it, and did not seek relief from it until she suffered from an unanticipated event — Husband’s alleged refusal to

McALARY v. STATE EX REL. DEP. OF HUM. SERV.

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 O.S.2001 § 322(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.

UNIBRIDGE SYSTEMS, INC. v. PATTERSON

396 P.3d 854 · Court of Civil Appeals of Oklahoma · May 5, 2017

Thus, the Solicitation was properly let under the CPA. ¶ 10 In the present case, the parties clearly disagree as to which Act governs. … Handbook 44 establishes the standards. A national evaluation program, NTEP, evaluates and tests scales and other weighing devices to see if they comply with Handbook 44.

Archer v. Archer

813 P.2d 1059 · Court of Civil Appeals of Oklahoma · Apr 2, 1991

For ordinary circumstances, the Guidelines first establish the amount of combined monthly support which both parents may be expected to provide the children, based upon their combined incomes. … As noted previously, the weight of the evidence will clearly support a determination of Husband’s monthly income of at least $18,500.

Marriage of Husband v. Husband

233 P.3d 383 · Court of Civil Appeals of Oklahoma · Nov 24, 2009

In actions of equitable cognizance, the judgment made by the trial court will be reversed if it is clearly contrary to the weight of the evidence or contrary to accepted principles of equity or rules of law. … The grounds for a divorce are established although a divorce is not granted, and the likelihood of reconciliation is remote. 1381 The case here comes within the third category.

Mariano v. Mariano

122 P.3d 493 · Court of Civil Appeals of Oklahoma · Sep 16, 2005

. ¶ 7 The cited authorities from other jurisdictions are clearly distinguishable. … "Texas courts follow an established procedure for interpreting property divisions in divorce decrees.

Hotels, Inc. v. Kampar Corp.

69 O.B.A.J. 2542 · Court of Civil Appeals of Oklahoma · Mar 17, 1998

The task of determining a correct sanction for a discovery violation is a fact-specific inquiry that the trial court is best qualified to make. … The record on appeal does not establish that the trial court considered whether a less severe sanction would have had the desired effect of securing Kampar’s compliance and deterring it from further misconduct. ¶ 16 Finally

Hutchcroft v. Metro Area Vocational-Technical School District No. 22

64 O.B.A.J. 672 · Court of Civil Appeals of Oklahoma · Jul 28, 1992

The Legislature clearly intended to authorize an “incentive” levy in addition to other levies when approved by the voters in a school area. There are no stated exceptions. … We therefore do not accept protesters attempt to establish the meaning of the prior Art.

Affordable Residential Communities 7, L.L.C. v. Canadian County Assessor

150 P.3d 399 · Court of Civil Appeals of Oklahoma · Nov 14, 2006

although § 8B appears to be self-executing in part ("the fair cash value of any parcel of locally assessed real property shall not increase by more than five percent (5%) in any taxable year"), a clear reading of the provision establishes … See Glass, 1982 OK 2, at ¶ 13 , 639 P.2d at 12838 (the Legislature may act to implement the Constitution, and may qualify or curtail its provisions).

Hamilton v. Duffy

540 P.2d 600 · Court of Civil Appeals of Oklahoma · Feb 18, 1975

Duffy, both of whom were licensed and qualified Doctors of Osteopathy, for damages alleged to have been caused by medical malpractice. … What that verdict contained is hotly disputed by the parties and cannot be established by the record because of the absence of the reporter.

KEEVER v. BIG LOTS STORES, INC.

362 P.3d 231 · Court of Civil Appeals of Oklahoma · Sep 30, 2015

Trinidad's September 10, 2009 medical report, Bishop clearly supports consideration by the trial court of all medical evidence relevant to the § 5(C) defense that the employee is physically unable to perform assigned duties … Further, her own evidentiary materials uncontrovert-edly establish that "sometime prior to receiving [that] final work release ...

In Re BRW

78 P.3d 1243 · Court of Civil Appeals of Oklahoma · Sep 19, 2003

As in D.M.J., ICWA did not apply to the Womacks' request to adopt B.R.W. without Mother's consent because they are clearly not attempting to "break-up an Indian family" nor attempting to interrupt the "continued custody" … validity. [5] Section 1912(f) of the ICWA provides: 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

Tortorelli v. Mercy Health Center, Inc.

242 P.3d 549 · Court of Civil Appeals of Oklahoma · Jun 4, 2010

To recover, a plaintiff must establish both that injury was caused by the product and by a failure to warn of a possible detrimental reaction. Id. ¶ 5, 23-24. … She was not qualified as an expert, and was never a Mercy employee.

MISSOURI GAS ENERGY v. GRANT COUNTY ASSESSOR

2016 OK CIV APP 44 · Court of Civil Appeals of Oklahoma · May 13, 2016

Appellees argued in their summary judgment motion that none of the gas allocated to MGE at the Webb storage facility qualified for the Freeport Exemption because natural gas in storage did not qualify as "goods, wares and … Water Resources Board , 1990 OK 121, ¶6 , 803 P.2d 1119 (setting forth general rule that statutory amendments are to be applied prospectively only unless the legislature clearly provides for retroactive application and stating

HUBERT v. HUBERT

540 P.3d 1103 · Court of Civil Appeals of Oklahoma · Feb 2, 2023

The court concluded it must grant attorney fees "only to that litigant who qualifies for the benefit through the process of that judicial balancing of the equities." … The court stated that it is well established that in attorney fees cases and domestic cases under this circumstance is a discretionary ruling by the Court, and the Thielenhaus case, which all the lawyers are aware of, dealt

Peterson v. Underwood

220 P.3d 1158 · Court of Civil Appeals of Oklahoma · Nov 26, 2008

The summary judgment in favor of Underwood 121 There is no rule which gives lawyers absolute immunity from liability for malicious prosecution. Reeves v. Agee, 1989 OK 25 , ¶ 21, 769 P.2d 745, 755 . … The rule by which attorneys may be held liable for malicious prosecutions is clearly laid down by Tindal, C.J. in Stockley v. Har-nidge, 34 Eng. C.L.R. 276.

In Re Guardianship of H.D.B.

73 O.B.A.J. 180 · Court of Civil Appeals of Oklahoma · Sep 11, 2001

Her testimony did establish that she obtained medical assistance for H.D.B. when the incident occurred. … Moreover, the exhibit has not been included in the appellate record and can not be further reviewed to ascertain whether its content qualifies as a hearsay exception. 110 In all events, error in rulings on evidence do not

Smith v. American Flyers, Inc.

540 P.2d 1212 · Court of Civil Appeals of Oklahoma · Sep 18, 1975

Before a court may properly grant such a motion it must clearly appear that the movant is entitled to a judgment as a matter of law, viewing the supporting material in the light most favorable to his opponent. … However, it is clear that the general duty is qualified by the principle that the owner need not warn the invitee of open and obvious danger. Thus the Supreme Court in Nicholson v.

Hayes v. Hayes

164 P.3d 1128 · Court of Civil Appeals of Oklahoma · Feb 28, 2007

Thus, the Trial Court's decree clearly granted Wife a vested interest in a portion of any payment Husband might receive on his early separation from the Army. {11 Second, Husband's contention is unsound. … Although Troxell dealt with a Qualified Domestic Relations Order, its holding is applicable in this case.