Case law

SMITH v. SHELTER MUTUAL INSURANCE CO.

2014 OK CIV APP 42 · Court of Civil Appeals of Oklahoma · Dec 31, 2013

Smith further alleged the truck is subject to the 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

TAYLOR v. CITY OF BIXBY

415 P.3d 537 · Court of Civil Appeals of Oklahoma · May 1, 2017

The City is immune from prosecution pursuant to the Governmental Tort Claims Act regarding the operation of its jail. See 51 O.S.2011 § 155(25). … Article 2 §§ 19 and 20 ¶16 The right to counsel and a trial by jury in criminal proceedings is firmly established in this State.

State ex rel. Department of Transportation v. Metcalf

298 P.3d 550 · Court of Civil Appeals of Oklahoma · Feb 13, 2013

Section 15 of Title 27 clearly states that Section 13’s terms “create no rights or liabilities and shall not affect the validity of any property acquisitions by purchase or condemnation.” … Id. at ¶¶ 11-12, 726 P.2d at 363 . 1 *555 The Court found Section 13 to be “a statement of policy only” as clearly set forth in Section 15. Id. at ¶ 12, 726 P.2d at 363 .

Sias v. Edge Communications, Inc.

71 O.B.A.J. 1809 · Court of Civil Appeals of Oklahoma · Mar 3, 2000

Edge asserted that these circumstances would result in the court being required to hold evidentiary hearings to determine whether potential class members qualified for class membership. … . 119 Sias next asserts that he has established a prima facie case for class certification.

Nelson v. Nelson

75 O.B.A.J. 44 · Court of Civil Appeals of Oklahoma · Aug 19, 2003

The parties marriage exceeded ten years and we have not been given any evidence in the record establishing the length of time during the marriage that Husband was in the military. ¶ 14 A presumption of correctness attaches … Clearly, these advantages are helpful to veterans in maximizing their income.

NBI Services, Inc. v. Corporation Commission

241 P.3d 685 · Court of Civil Appeals of Oklahoma · Aug 6, 2010

In Davis's brief in support of its application, and at the March 5 hearing, it argued that certain royalty overrides made by NBI to its affiliates do not qualify as arms-length transactions and have destroyed any value to … The Court stated that this situation "appears, even more clearly than Tenneco, to involve a question of private rights." Id. at 18.

McGuire v. Morrison

69 O.B.A.J. 3282 · Court of Civil Appeals of Oklahoma · Aug 14, 1998

Supp.1997 § 5(B) to more clearly express the legislature’s intent indefinitely expressed in the previous version of § 5 in effect at the time of hearing in the present case. Hollytex Carpet Mills v. … Nebraska, 262 U.S. 390 , 43 S.Ct. 625 , 67 L.Ed. 1042 (1923) (constitutional rights denote the right of an individual to establish a home and bring up children according to the dictates of conscience);Pierce v.

Martin v. Hanover Direct, Inc.

135 P.3d 251 · Court of Civil Appeals of Oklahoma · Oct 25, 2005

“An abused judicial discretion is manifested when discretion is exercised to an end or purpose not justified by, and clearly against, reason and evidence.” Ysbrand v. … In Morris, the New Jersey court concluded the plaintiff, Morris, could not establish commonality for purposes of a class action.

Collins Radio Co. of Dallas v. Bell

623 P.2d 1039 · Court of Civil Appeals of Oklahoma · Feb 23, 1981

In deciding that question, the court is not strictly bound by precedents established in other contexts. … Clearly, Shideler was an independent contractor, and was selected by Bell without pressure from Collins.

GLOVER CONSTRUCTION CO., INC. v. STATE ex rel. DEPT. OF TRANSPORTATION

2014 OK CIV APP 51 · Court of Civil Appeals of Oklahoma · Feb 14, 2014

Without explanation of its reason(s), the trial court denied GCC's motion for new trial. ¶18 Clearly the trial court had authority under Rule13(f) of the Rules of the District Courts of Oklahoma, 12 O.S. … If the Doctrine applies to States, which we do not decide, it only "operates to insulate the government from liability for certain inabilities to perform contractual obligations," which immunity is afforded only if its performance

National American Insurance Co. v. Vallion

183 P.3d 175 · Court of Civil Appeals of Oklahoma · Dec 20, 2007

Such language in fact triggers operation of our mandatory insurance statute and clearly places the burden of carrying automobile insurance upon automobile owners. … Additionally, we hold Vallion does not qualify as an insured by reason of his occupancy of a covered district-owned vehicle at the time of his injury.

Short v. State

62 O.B.A.J. 576 · Court of Civil Appeals of Oklahoma · Oct 9, 1990

application for a license to sell nonintoxicating beverages for on-premises consumption in a building leased by the applicant in the vicinity of a school on the ground that certain changes made by the applicant to statutorily qualify … Restricting accessibility to the club to God-lin Avenue clearly responds to the intent and purpose of the statute. Both the Warren Shaw and Horace H.

Western Farmers Electric Cooperative v. Enis

70 O.B.A.J. 3769 · Court of Civil Appeals of Oklahoma · Jul 20, 1999

either the “intermediate reasonable fear” approach or the “minority perceived fear” rule “neither the owner nor anyone else may base an opinion of value on personal fear ... admissible [evidence] is an opinion of value of a qualified … Clearly, the reason such evidence was excluded was that the actual compulsion of condemnation was present in the prior sales, and not just a sale to a party with the power to condemn.

IN RE CITY OF EUFAULA INITIATIVE PETITION NO. 3

2022 OK CIV APP 29 · Court of Civil Appeals of Oklahoma · Jul 21, 2022

This stood in stark contrast to the general procedure set forth in Article 15, which clearly contemplated two separate filings of the petition, with only the second filing needing to contain the signatures of the requisite … In this particular case, the candidate "filing period" was established by as February 1-3, 2021, but we will use February 1st in our calculations.

Bock v. Slater

241 P.3d 668 · Court of Civil Appeals of Oklahoma · Sep 20, 2010

As noted above, Gregory testified that partnership property could only be sold with the approval of a majority of the partners. { 19 In sum, the evidence conclusively established that Defendants had no direct power to sell … In their appellate brief, Defendants assert that, in certain qualifying sales of partnership property, after all limited partners have received a "preferred return," they may vote up to a 30% share. 8 .

Bowman v. Bowman

639 P.2d 1257 · Court of Civil Appeals of Oklahoma · Dec 23, 1981

After weighing the evidence, we find the trial court clearly abused its discretion in several ways. … We note the trial judge erred significantly in such a way as to clearly reveal his personal sympathy with Wife’s plight.

Strong v. Oklahoma Publishing Co.

66 O.B.A.J. 2577 · Court of Civil Appeals of Oklahoma · Jun 20, 1995

At the outset, it might have been arguable that a member of a small school board might not qualify as a public figure because of the lack of the substantial responsibility requirement. … The debate may be whether a night watchman is a public official, but clearly the Plaintiff here meets the test of one who’s position must be one which would invite public scrutiny and discussion of the person holding it,

Arvest Bank v. SpiritBank, N.A.

191 P.3d 1228 · Court of Civil Appeals of Oklahoma · Sep 11, 2008

. ¶ 22 Looking at the character of the matter as a whole, we conclude that TSI’s claims, and later Spirit’s claims, against Arvest did *1234 not seek to establish personal liability for a debt but to determine entitlement … Clearly, Arvest finds fault in the OAG-TSI transactions, but the Court is quite capable of determining the effect of the transactions and such characterizations, while colorful, do not advance legal analysis of the priority

Vance v. Enogex Gas Gathering, L.L.C.

393 P.3d 718 · Court of Civil Appeals of Oklahoma · Aug 26, 2016

Following discussion with counsel, the trial court then advised the jury it had been clearly instructed on the verdict form and it could not undo its first stage verdict. … Moran, 1965 OK 165 , 410 P.2d 876 ) (Example of ambiguous and clearly defective verdict.).

WELLS FARGO BANK v. TAYLOR

417 P.3d 1212 · Court of Civil Appeals of Oklahoma · Mar 9, 2018

Thus, Plaintiff satisfied its burden of establishing standing when it filed its foreclosure petition. See Toxic Waste Impact Group, Inc. v. … We find that, in this case, the contract is ambiguous if the named mortgagee does not qualify as a mortgagee pursuant to Oklahoma law.