Case law

ALFALFA ELECTRIC COOPERATIVE, INC. v. MID-CONTINENT CASUALTY COMPANY

350 P.3d 1276 · Court of Civil Appeals of Oklahoma · Dec 19, 2014

As part of the general and shipping public, AEC qualifies as an intended beneficiary of the MCA's protections. See also Casualty Reciprocal Exchange v. … [or] to establish or create (something unwanted) in a forceful way." Webster's Third International Dictionary, p. 1136.

SOUTHWEST ORTHOPAEDIC SPECIALISTS v. ALLISON

439 P.3d 430 · Court of Civil Appeals of Oklahoma · Oct 30, 2018

At the same time, the Act states that it will not "abrogate or lessen any other defense, remedy, immunity or privilege available under other constitutional, statutory, case or common law or rule provisions." … Cotton Petroleum Corp. , 1986 OK 16 , ¶¶ 19-22, 732 P.2d 438, 446-49 . ¶42 The situation here clearly fits the parameters of Gomes .

Matter of Protest of 1990-1991 Budget

848 P.2d 30 · 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.

Beavers v. Byers

239 P.3d 484 · Court of Civil Appeals of Oklahoma · Jul 9, 2010

Byers has not argued any error with the trial court's "willful" or "fixture" determinations nor has he argued or cited legal authority that fixtures do not qualify as "property" under § 940(A). … On this record, we cannot say that the trial judge's decision was clearly erroneous or without a basis in reason or evidence.

Hodge v. Hodge

197 P.3d 511 · Court of Civil Appeals of Oklahoma · Sep 12, 2008

I 2 On March 5, 2001, the trial court issued the first Qualified Domestic Relations Order (QDRO). On November 9, 2005, it issued a Qualified Domestic Relations Order Nune Pro Tune and Military Division Pension Order. … Here, the consent decree clearly awards Wife 50% of Husband's military retirement, not limited to the extent the retirement funds were acquired during coverture.

CITIZENS FOR THE PROTECTION OF THE ARBUCKLE-SIMPSON AQUIFER v. OKLA. DEPT. OF MINES

437 P.3d 1074 · Court of Civil Appeals of Oklahoma · Jul 26, 2018

Still later, he said "everyone who was a qualified objector in the December 2, 2010 informal conference and the October 4, 2011 informal conference that are qualified will receive a copy of that notice of decision," and " … [i]f you are not a qualified objector, you will still get notice through the paper."

Whitaker v. Hill Nursing Home, Inc.

210 P.3d 877 · Court of Civil Appeals of Oklahoma · Mar 20, 2009

The Petition includes an attached affidavit providing that a qualified expert has reviewed medical records and other material and provided a written opinion to the effect that "the acts or omissions of the health care provider … Title 63 O.S. § 1-1903 mandates licensure prior to the establishment, operation or maintenance of any nursing facility. .

Pacificare of Oklahoma v. Oklahoma Health Care Authority Board

72 O.B.A.J. 2162 · Court of Civil Appeals of Oklahoma · Jan 23, 2001

The bid information and requirements are established by EBC. … EBC has the duty to negotiate and contract with qualified health maintenance organizations, such as the HMO plaintiffs here, in order to provide a choice of health insurance programs for employees and educators. 16 The insurance

ELIAS v. CITY OF TULSA

512 P.3d 385 · Court of Civil Appeals of Oklahoma · Sep 17, 2021

Clearly erroneous in view of the reliable, material, probative and substantial competent evidence; 6. Arbitrary or capricious; 7. Procured by fraud; or 8. … The error with Elias' proposition is that "all" means "all" in § 46H because the statute contains no qualifier or other limitation, such as "all, except . . ." or "all, not including . . . ."

Faust Corp. v. Priddy

309 P.3d 140 · Court of Civil Appeals of Oklahoma · May 21, 2013

"An abused judicial discretion is manifested when discretion is exercised to an end or purpose not justified by, and clearly against, reason and evidence." … He did not do so, arguing instead in his motion to vacate that the assignment documents did not qualify as assignments or as assignments of any account where he was the obligor.

Estate of Vaughan v. Vaughan

253 P.3d 1010 · Court of Civil Appeals of Oklahoma · Apr 29, 2011

But notice by publication is clearly insufficient with respect to one whose name and address are known or readily ascertainable from sources at hand. … Passage of time will neither vitalize a facially flawed decree (or judgment) nor immunize its plainly fatal deficiency from collateral attack.

Galarza v. Galarza

259 P.3d 893 · Court of Civil Appeals of Oklahoma · Apr 13, 2011

We will not disturb the trial court's order "absent an abuse of discretion, or a finding that the decision is clearly contrary to the weight of the evidence." Watkins v. … Although Husband states in his appellate brief that the language of this decree "does not ... establish that it was a consent [dJecree," Husband also argues in his Petition in Error that "[the Court abused its discretion

Moore v. Oklahoma Employment Security Commission

301 P.3d 885 · Court of Civil Appeals of Oklahoma · Dec 27, 2012

Clearly, had the advocate been called as a witness by Moore and testified to the same facts she provided in her answer to the hearing officer, her testimony would have been admissible. … Just as clearly, if this were a civil proceeding governed by the Oklahoma Evidence Code, the advocate's statement would not constitute evidence and could not be relied on. Willis v.

Vacu-Maid, Inc. v. Covington

530 P.2d 137 · Court of Civil Appeals of Oklahoma · Jan 17, 1975

And another “passive purchaser” was held to be immune from the Kansas long *143 arm jurisdiction in Oswalt Indus., Inc. v. Gilmore, supra. … Visits were also made by the two defendants in Whittaker who were found to fall “clearly into the category of passive purchasers.”

STATE ex rel. OKLAHOMA BOARD OF MEDICAL LICENSURE AND SUPERVISION v. GREGORY

367 P.3d 922 · Court of Civil Appeals of Oklahoma · Dec 30, 2015

“The rationale, for this rule is that courts do not possess the specialized knowledge, training, experience or competency to substitute opinions for the judgment of qualified experts.” … lHeense voluntarily to halt the proceedings against him without requiring him to satisfy the statutory requirement to admit and describe his misconduct would render this requirement meaningless, in contravention of well-established

MOORE v. BLACKWELL

325 P.3d 4 · Court of Civil Appeals of Oklahoma · Dec 31, 2013

Clearly, Harrison's opinion was based on what he "saw, measured [and] calculated." … But Harrison was not acting in an official capacity in this case, a fact clearly established by Moore's counsel.

Olinghouse v. Olinghouse

66 O.B.A.J. 3845 · Court of Civil Appeals of Oklahoma · Aug 1, 1995

By using the words “in whole or in part”, any rights to custody which Mother may have, clearly remained undetermined. … “The right of a parent to the custody of a minor child is of great importance in awarding its custody, but it is not an absolute right, and is qualified by considerations affecting the welfare of the child.” Sims v.

Special Indemnity Fund v. Wilson

68 O.B.A.J. 2700 · Court of Civil Appeals of Oklahoma · Nov 12, 1996

that under such circumstances, the appellate court is under no obligation to search the record in support of arguments contrary to those set out in the submitted brief. 2 Wilson, as in Levi, did not judicially attempt to establish … The Levi court then clearly stated: Wilson’s claim against the Fund is here fatally defective for the reason she sought to impose liability solely against the Fund and not against her employer and the Fund.

Oklahoma Foundation for Medical Quality v. Department of Central Services

180 P.3d 1 · Court of Civil Appeals of Oklahoma · Dec 31, 2007

Here, the record establishes that OHCA and APS were not named and joined as parties in the caption of the underlying administrative action, but both appeared and participated. … Foundation alleges that although Central Services formally conducted the bid process and awarded the contract, OHCA designated APS as a qualified bidder, reviewed and scored the bids, ._ and recommended that APS be awarded

Estate of Sieber v. Oklahoma Tax Commission

73 O.B.A.J. 710 · Court of Civil Appeals of Oklahoma · Oct 23, 2001

The ALJ and the OTC clearly ruled against the Estate on the first of the grounds and that ruling establishes the principle issue on appeal. 1 4 The first question is whether the Trust contains a general power of appointment … Clearly, under this definition Decedent here created and possessed a power of appointment in his Trust, and this Court so rules.