Case law

AL-KHOURI v. OKLAHOMA HEALTH CARE AUTHORITY

419 P.3d 366 · Court of Civil Appeals of Oklahoma · Sep 29, 2017

Constantino , 936 F.2d 687, 689-91 (2d Cir. 1991) (holding providers have no property right to continued enrollment as a qualified Medicaid provider); Plaza Health Labs., Inc. v. … Section 5006 establishes the Oklahoma Health Care Authority, i.e. the state agency. 63 O.S.2011 § 5006(A). Section 5007 establishes the Oklahoma Health Care Authority Board and describes its powers and duties.

JP ENERGY MARKETING v. COMMERCE AND INDUSTRY INSURANCE CO.

412 P.3d 121 · Court of Civil Appeals of Oklahoma · Mar 20, 2017

We will not impose coverage where the policy language clearly does not intend that a particular individual or risk should be covered. BP Am., Inc. v. State Auto Prop. & Cas. Ins. … The scope of services was to be established in task orders from IPS.

State v. Poteet

177 P.3d 584 · Court of Civil Appeals of Oklahoma · Oct 5, 2007

. ¶ 8 The trial court recognized that both parties were qualified to adopt B.O. and had loving relationships with him. … In custody proceedings, the trial court's findings and judgment are entitled to great weight and will not be set aside unless clearly against the weight of the evidence.

ACCIDENT CARE AND TREATMENT CENTER v. CSAA GENERAL INSURANCE CO.

483 P.3d 1 · Court of Civil Appeals of Oklahoma · Dec 30, 2020

Once it becomes clearly established that the lien right attaches, the statute's enforcement provisions are to be accorded a liberal construction. Id. ¶ 14 (footnotes omitted). ¶25 However, in Balfour v. … The 2018 amendment qualified what must be filed; a statement of the amount claimed rather than an itemized statement of the amount claimed.

Woodie v. Arney

75 O.B.A.J. 1540 · Court of Civil Appeals of Oklahoma · Apr 27, 2004

Evidence would establish that Ayres came to think of the Kimbles as her “kids.” In March 1995, Ayres asked Mr. … Testimony would establish that during this meeting Ayres was dressed neatly, acted alertly and seemed in control of the discussion.

ALBURTUS v. INDEPENDENT SCHOOL DISTRICT No. 1 OF TULSA COUNTY

469 P.3d 742 · Court of Civil Appeals of Oklahoma · May 29, 2020

School asserted it was immune from suit because Appellants failed to give the notice required under the Governmental Tort Claims Act (GTCA). … Clearly School had notice of the claim when it paid for his property damage because, as noted above, "(a) board of education is aware of monetary claims against the school district because the board has a legal obligation

ONB BANK AND TRUST CO. v. KWOK

417 P.3d 393 · Court of Civil Appeals of Oklahoma · Oct 16, 2017

The Court concluded, "This evidence establishes a contested issue of material fact as to whether Satterfield timely elected judicial foreclosure. … "The trial judge has the opportunity to observe the conduct and demeanor of the witnesses, and we will not disturb the trial court's findings of fact unless they are clearly contrary to the weight of the evidence or to some

NVI, LLC v. Oklahoma Department of Environmental Quality

276 P.3d 1069 · Court of Civil Appeals of Oklahoma · Feb 28, 2012

The 24-hour reporting requirements of 10 C.ER. § 20.2202(b) clearly fall on the licensee, not the individual employee. … Fraley would qualify as a legal expert in the administrative law of other states on this matter, we have no access to any source document he relied upon to determine the validity of his conclusions.

HARTER ENERGY v. OKLAHOMA TAX COMMISSION

486 P.3d 732 · Court of Civil Appeals of Oklahoma · Mar 5, 2021

The Taxpayer must first obtain an order from the Oklahoma Corporation Commission stating that the project is a qualifying enhanced recovery project. Id. §1001(D)(9). … The availability of alternative procedures outside the uniform code must be clearly stated by the legislature. Id.

IN THE MATTER OF THE ADOPTION OF B.T.S.

371 P.3d 1145 · Court of Civil Appeals of Oklahoma · Mar 7, 2016

Moreover, Mother argues no "qualified expert witness" testified and "[Inlowhere in the transcript is B.T.S.'s emotional and/or physical well-being discussed in the manner envisioned by § 1912(f)." … Clearly, as Mother herself points out, the Legislature is fully aware of the provisions of UCCJEA it has determined that courts should consider for venue matters in intrastate divorcee actions.

In Re CRT

66 P.3d 1004 · Court of Civil Appeals of Oklahoma · Feb 24, 2003

Second, subsection 13 does qualify as a special statutory provision that prevails over the more general provision of subsection 5. ¶ 17 The judgment of termination of Mother's parental rights reached below must be reversed … I would follow the analysis established in In re B.T.N., No. 96,960 (OK CIV APP Div.

In Re C.L.D. v. Duke

238 P.3d 966 · Court of Civil Appeals of Oklahoma · May 5, 2010

Father's evidentiary-based argument clearly fails. II. … The evidence herein establishes that CLD's best interests would be served by the kingship guardianship ordered by the district court.

In Re Lm

276 P.3d 1088 · Court of Civil Appeals of Oklahoma · Mar 30, 2012

Clearly, only the judge who issued the 2010 Protective Order had authority to decide its validity. … Thus, at least to the 2010 Protective Order, the record does not establish any surprise of its existence.

City of Mustang v. Fraternal Order of Police, Lodge 163

184 P.3d 1098 · Court of Civil Appeals of Oklahoma · Mar 3, 2008

The question of arbitrability, whether a collective bargaining agreement creates a duty for the parties to arbitrate the particular grievance, is an issue for judicial determination unless clearly provided otherwise. … IIL Craig's Grievance 123 The essence of Craig's grievance is that he received less than satisfactory performance evaluations and, as a result, did not qualify for a merit pay increase.

Tulsa Rock Co. v. Board of County Commissioners of Rogers County

531 P.2d 351 · Court of Civil Appeals of Oklahoma · Jan 30, 1975

Tulsa Rock concludes that these sections forhid enactment of zoning ordinances prior to the establishment of such a comprehensive plan. In Higginbotham v. … Tulsa Rock’s Exhibit 11 reprints the July 6, 1971 letter of recommendations from the Planning Commission, which also does not use the qualifier “interim”. The foregoing does not invalidate the zoning resolution.

IN THE MATTER OF THE ESTATE OF HYER

2020 OK CIV APP 31 · Court of Civil Appeals of Oklahoma · Feb 28, 2020

6 When reviewing a probate court's determination that certain property is, or is not, a probate asset, an appellate court will examine and weigh the evidence, but will not disturb the district court's order unless it is clearly … In affirming the trial court's decision to invalidate the deed under the statute, the Court specifically rejected the daughters' argument that the deed qualified as a simple conveyance from one spouse to the other.

OAK TREE PARTNERS, LLC v. WILLIAMS

458 P.3d 626 · Court of Civil Appeals of Oklahoma · Nov 26, 2018

It then heavily qualified the remedy, at ¶¶ 21-22, as follows: There are limitations and qualifications to this general rule granting specific performance with abatement of a portion of the purchase price. … Williams states that this private right of action was established by Bowman .

Keeney v. TTC Illinois, Inc.

73 O.B.A.J. 1273 · Court of Civil Appeals of Oklahoma · Jan 25, 2002

Claimant was required to make a biannual accounting to the court to document qualified medical expenses. {12 Employer appealed this order to a three judge panel. Claimant did not request review by the panel. … That is clearly within the subject matter jurisdiction of the WCC. *196 [ 24 Claimant also cites Oklahoma Property Cas. Guarantee v. Tipton, 1990 OK CIV APP 107 , 807 P.2d 299 , and Tipton v. Oklahoma Property & Cas.

Mayo v. Kaiser-Francis Oil Co.

69 O.B.A.J. 2564 · Court of Civil Appeals of Oklahoma · Feb 5, 1998

Consequently, on review of an order granting or denying class action certification, we will not reverse unless the trial court's decision stands clearly affected by an abuse of discretion. … That they are entitled to proceed separately does not prevent them from qualifying as a class.

Harber v. Hebco, Inc.

146 P.3d 876 · Court of Civil Appeals of Oklahoma · Oct 3, 2006

Plaintiff was responsible for the computer system from end to end, a computer system that was clearly integral to defendant's general business operations. … For example: If all a [statistician] does, in effect, is to tabulate data, he is clearly not exempt.