Case law

OPY I, L.L.C. v. FIRST AMERICAN TITLE INSURANCE CO., INC.

350 P.3d 163 · Court of Civil Appeals of Oklahoma · Dec 19, 2014

The directive does not include any qualifying or limiting language. … Fidelity and Guaranty Co., 1996 OK 28 , 912 P.2d 861 . 11 Here, the terms of the policy are not ambiguous and clearly establish Defendant has the right, but not the duty, to take whatever affirmative action it may deem necessary

American Southwest Properties, Inc. v. Tulsa County Board of Equalization

338 P.3d 647 · Court of Civil Appeals of Oklahoma · Nov 4, 2014

'"Use value" is defined as "the basis for establishing fair cash value of real property pursuant to the requirement of Section 8 of Article X of the Oklahoma Constitution." 68 0.S. 2802(30). . … This test was clearly derived from the definition of "agricultural production" and "production of agricultural products" (as defined by the Oklahoma Administrative Code, as applicable to sales and use taxation) "is limited

WATERS v. STATE

472 P.3d 705 · Court of Civil Appeals of Oklahoma · Jul 10, 2020

In this case, all parties agree that Waters qualified, as he is a person whose "conviction was reversed with instructions to dismiss by an appellate court of competent jurisdiction." … It was not established whether these three arrest[s were] based on the same set of facts for which the petitioner was tried." Order Denying Expungement of Records , pg. 3 (emphasis supplied).

BILLS v. BILLS

2022 OK CIV APP 27 · Court of Civil Appeals of Oklahoma · May 23, 2022

On appeal, this Court will not disturb the trial court's judgment regarding property division unless the trial court has abused its discretion or has entered a decision that is clearly contrary to the weight of the evidence … Attorney fees are granted only to the litigant who qualifies for the benefit through the process of a judicial balancing of the equities. Id.

Jones v. Ransom

184 P.3d 561 · Court of Civil Appeals of Oklahoma · Feb 20, 2008

. ¶ 1 In my opinion, the evidence does not supply critical information necessary to establish that a judgment can be entered without regard to whether the Klintworths and the Joneses (Plaintiffs) have established a "necessity … Clearly, the acreage "sold" was subject to condemnation.

MATERIAL SERVICE CORP. v. TOWN OF FITZHUGH

343 P.3d 624 · Court of Civil Appeals of Oklahoma · Aug 14, 2014

C-O4-121), 4 seeking to establish Town was not properly incorporated in 1985 and lacked authority to enact zoning ordinances. … (Emphasis added) €34 The Bankoff Court then considered two balancing of equities tests, the first de-seribed as being used by "most courts": While a landowner will not be immune from a zoning change if he has done nothing

Delong v. State Ex Rel. Oklahoma Department of Public Safety

956 P.2d 937 · Court of Civil Appeals of Oklahoma · Feb 24, 1998

The majority erroneously interprets § 2410 to give it a meaning which is in conflict with what the statute clearly dictates. This Court may only construe a statute if the intent of the Legislature is not clear. Cox v. … In its review of that history, the Michigan Supreme Court also found the advisory committee notes to the 1980 amendment to FRE 410: ... thus make it clear that the original language of FRE 410 was not intended to qualify

Hildebrand v. Gray

65 O.B.A.J. 136 · Court of Civil Appeals of Oklahoma · Nov 23, 1993

However, the scope of who qualify as “privies” varies according to the circumstances of the particular ease. … Clearly, there is in this case a “conflict of interest” as defined in § 58(2): Appel-lees could have pressed a claim against Gray for either intentional assault and/or battery, or negligence.

SMITH v. SHELTER MUTUAL INSURANCE CO.

325 P.3d 26 · Court of Civil Appeals of Oklahoma · Dec 31, 2013

Smith further alleged the truck is subject to the *28 MCA, and sought a "declaratory judgment . establishing that the minimum limits of liability insurance coverage mandated by the financial responsibility law that applies … from public schools or to and from public-school-related extracurricular activities under contract with, and sponsored by, a public school board; provided, that motor vehicles and equipment operated for the purposes shall qualify

Matter of As

811 P.2d 910 · Court of Civil Appeals of Oklahoma · May 14, 1991

In the meantime, DHS had implemented a service plan and monitored the mother's compliance with standards of conduct established by the court in Oklahoma County with regard to the two older children. … the child, because of exceptional circumstances, should remain in foster care on a long-term basis as a permanent plan." [10] At each review hearing: "The Department shall cause to be prepared ... a written report by a qualified

IN THE MATTER OF THE ESTATE OF BOSWORTH

342 P.3d 62 · Court of Civil Appeals of Oklahoma · Dec 11, 2014

The subsequent two clauses upon which appellants seek to establish their rights were vague, ambiguous and indistinct. … The Will clearly left the residue of Decedent's estate, including the mineral interests, to Stephenie Parks, as the trial court so found.

Western Star Finance, Inc. v. White

71 O.B.A.J. 1633 · Court of Civil Appeals of Oklahoma · Mar 31, 2000

We affirm because the record before the trial court established the existence of issues of material fact. T2 Lender sued Chaser Truck & Diesel, Inc. (Chaser), on a note and joined the Whites as guarantors. … The trial court may exercise discretion to change its determination of a summary judgment motion by granting new trial "unless it clearly appears that the court erred in some pure, simple and unmixed question of law, or acted

VARBEL v. VARBEL

321 P.3d 1012 · Court of Civil Appeals of Oklahoma · Feb 14, 2014

Consequently, we conclude the record does not support an assertion the Decree established joint custody. … However, Father did qualify his plan as an "initial" one, subject to revision.

Marriage of Kingery v. Kingery

270 P.3d 192 · Court of Civil Appeals of Oklahoma · Sep 9, 2011

STANDARD OF REVIEW 14 "An action for divorce, alimony and division of property is one of equitable cognizance, and the trial court's judgment will be left undisturbed unless found to be clearly against the weight of the evidence … authored by Respondent's father, under which Petitioner must sell his shares to the corporation using the valuation method which sets the method for determining the purchase price. {11 The law firm is not without assets which qualify

CARISTA v. VALUCK

2016 OK CIV APP 66 · Court of Civil Appeals of Oklahoma · Sep 19, 2016

If the prescription is "unreasonable on its face," e.g., it prescribes facially bizarre quantities or dosages clearly outside of any acceptable range, or clearly inappropriate drugs; and 2. … However, as we have identified in this opinion, although the immunity granted by the "learned intermediary" doctrine and other Oklahoma statutes is broad, it is not absolute.

Testerman v. First Family Life Insurance Co.

62 O.B.A.J. 1328 · Court of Civil Appeals of Oklahoma · Dec 4, 1990

Bank’s evidentiary materials establish this transaction as a normal consumer loan. … Prior *709 to “simplification” federal law did not require state law to provide indentical rights and duties in order to qualify for exemption from federal rules.

In Re TL

71 P.3d 43 · Court of Civil Appeals of Oklahoma · Apr 29, 2003

The testimony clearly supported State's characterization of Mother as unable or unwilling to care for Children and of having a history of being involved with abusive partners to whom Mother turned over responsibility for … The Court held that such evidence was cumulative and unnecessary to establish certain elements of the State's case.

First American Bank & Trust Co. v. Sawyer

64 O.B.A.J. 3663 · Court of Civil Appeals of Oklahoma · Jun 22, 1993

Furthermore, during *351 the hearing, it was established that Appellee had not presented evidence of malice. 1 Likelihood of success on the merits is placed in farther doubt because had the case been tried criminally or in … In this case, the District Attorney sought to enjoin Taylor from using the title “Dr.” and from holding himself out as qualified to engage in the diagnosis or treatment of human ailments.

Chacon v. Chacon

275 P.3d 943 · Court of Civil Appeals of Oklahoma · Dec 13, 2011

This agreed order established Wife's temporary custody of the children and a visitation schedule for Husband. … The record on appeal, however, contains evidence of a disparity in the parties' incomes and net worth, established at trial.

Andersen v. Fellers

69 O.B.A.J. 1821 · Court of Civil Appeals of Oklahoma · Mar 10, 1998

The trial therefore was held to determine paternity and establish child support. … The court entered a qualified medical child support order, as well as a wage assignment for the amount due. The trial court found Fellers to be in contempt for failure to pay child support under the temporary order.