Case law

Meadows v. Wal-Mart Stores, Inc.

72 O.B.A.J. 827 · Supreme Court of Oklahoma · Mar 13, 2001

A finding of abuse requires that the trial court made a clearly erroneous conclusion and judgment, against reason and evidence. CNA Ins. Co. v. … of it as is true and qualify or deny the remainder.

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.

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.

Dixon v. Atwood

District Court, E.D. Oklahoma · Mar 28, 2025

Qualified Immunity Defendants assert they are entitled to qualified immunity. See Dkt. No. 23 at 11-14. … “If a plaintiff fails to state a valid claim, we need not even reach the issue of the qualified immunity defense.” Moore v. City of Wynnewood, 57 F.3d 924, 931 (10th Cir. 1995).

Grand-Hydro v. Grand River Dam Authority

192 Okla. 693 · Supreme Court of Oklahoma · Apr 27, 1943

S. 1941 §§ 1-83, supra, against Grand-Hydro and others, seeking an adjudication of the water rights of the parties to the waters of Spavinaw creek and to establish the city’s prior right thereto, and á like adjudication as … Grand-Hydro, 188 Okla. 506 , 111 P 2d 488 , “its transactions are akin to those of private enterprises, and the mere fact that it is an agency of the government does not extend to it the *700 immunity of the sovereign.”

Ross v. Peters

64 O.B.A.J. 440 · Supreme Court of Oklahoma · Feb 9, 1993

It is evident that the concern for qualified court reporting in the judicial system is a legitimate state purpose. … The state may exclude from professional practice those who are not qualified to hold a professional license.

State ex rel. Macy v. Board of County Commissioners

70 O.B.A.J. 1820 · Supreme Court of Oklahoma · Jun 1, 1999

That result would clearly be contrary to the legislative intent. … The critical question for inquiry is whether the provision of adjective law to be tested fits into the structured regime of established procedure as part of a symmetrical whole.

In Re Sixkiller's Estate

168 Okla. 302 · Supreme Court of Oklahoma · Apr 24, 1934

Measured by this rule, testator appears to have come clearly within the requirement. … Her own children had long before married and established homes for themselves and probably had allotments of their own.

Strother v. Wilkinson

108 Okla. 57 · Supreme Court of Oklahoma · Jan 2, 1925

It is not claimed that Wilkinson made the affidavit in this case; furthermore, it does not appear that he could qualify to> make proof of publication of the notice, if that pant of the section just quoted be applicable in … In this w.e think there was error, it being clearly in conflict with the statute.”

Lawton Mill & Elevator Co. v. Farmers & Merchants Bank of Cincinnati

109 Okla. 291 · Supreme Court of Oklahoma · Feb 3, 1925

Company as to the cost of the mill at that time was not signed by anyone, and' the authenticity of the letter offered in evidence does not appear to have been established. … The testimony of the appraisers and other qualified witnesses with respect to the fair market value of the property at the time the appraisement was made shows, we think, very clearly, that the action of the court in sustaining

Federal Pr. Com'n v. Corporation Com'n of State of Okla.

362 F. Supp. 522 · District Court, W.D. Oklahoma · Jun 26, 1973

, as such, is immune to suit under 15 U.S.C. § 717a. … Morton, CA 10, 1971, 455 F.2d 650 , but the case is clearly distinguishable.

Myers v. State

130 P.3d 262 · Court of Criminal Appeals of Oklahoma · Nov 17, 2005

And there was evidence that Myers negotiated his own grant of immunity with a sheriff in Kansas for a crime he committed there. … The Random House Unabridged Dictionary defines “known” as perceived or understood as fact or truth; apprehended clearly and with certainty. See “know” & “known” Random House Dictionary (2nd ed.1997).

Hutchins

District Court, W.D. Oklahoma · Dec 15, 2025

Plaintiff next argues that Defendants are not entitled to qualified immunity because they lacked probable cause for the arrest. … As explained in the Court’s prior order, the undisputed material facts, which Plaintiff did not controvert, establish that the traffic stop and arrest were reasonable under the Fourth Amendment.

O'DONOGHUE v. DOOLEY

2016 OK 110 · Supreme Court of Oklahoma · Oct 25, 2016

Schill, Property, 225 (6th ed. 2006). 1 The following narrative clearly demonstrates that Erin and David O'Donoghue's interests in the David L. … --The term "qualified terminable interest property" means property-- (I) which passes from the decedent, (II) in which the surviving spouse has a qualifying income interest for life, and (III) to which an election under this

NATIONAL AMERICAN INSUR. CO. v. NEW DOMINION

2021 OK 62 · Supreme Court of Oklahoma · Nov 23, 2021

The trial court's judgment will be sustained unless it is found to be clearly against the weight of the evidence or contrary to law or established principles of equity. Id . (citing McGinnity v. … Additionally, the parties agreed in that case that the lead qualified as a pollutant within the meaning of the policy. Id . ¶ 3 n.5, 55 P.3d at 1032 n.5.

Opinion No. (2009)

Oklahoma Attorney General Reports · May 20, 2009

A review committee is established pursuant to 62 O.S.Supp. 2008, § 855[ 62-855 ]. … Inherent in the establishment of a TIF district is: A. 1.

Opinion No. 72-211 (1972) Ag

Oklahoma Attorney General Reports · Nov 22, 1972

A provision of the Idaho Probate Code gave a mandatory preference for appointment as administrator of a decedent's estate to a male applicant over a female applicant, otherwise equally qualified. … If both a male and female sought appointment, though both were equally entitled and qualified, the appointment had to be decided on the basis of sex.

Vinson v. Cook

76 Okla. 46 · Supreme Court of Oklahoma · Sep 9, 1919

Vinson, was designated as successor, gave, bond and qualified on November 26. 1913. and continued to act as administrator until the 13th day of May, 1914, at which time he was by order of the county court, suspended and directed … Others denied this claim and sought to establish that they were also interested in the estate as heirs of the deceased. Considering the amount involved, (he litigation promised to be protracted, bitter and expensive.

Opinion No. (1991) Ag

Oklahoma Attorney General Reports · Aug 5, 1991

(EMPHASIS ADDED) THE HIGHLIGHTED LANGUAGE CLEARLY DEMONSTRATES THAT CONTRIBUTING MEMBERS OF OPERS RECEIVE SERVICE CREDIT FOR SICK LEAVE IF THEY TERMINATE EMPLOYMENT AND ELECT A VESTED BENEFIT, AS WELL AS IF THEY RETIRE FROM … BUT GUIDANCE IS FOUND IN 74 O.S. 901 (1981), WHICH STATES THE PURPOSE OF OPERS AS FOLLOWS: THE PURPOSE OF THIS ACT IS TO PROVIDE AN ORDERLY MEANS WHEREBY EMPLOYEES OF THE PARTICIPATING EMPLOYER WHO QUALIFY BY REASON OF AGE

Foster's Florist v. Jackson

997 P.2d 843 · Supreme Court of Oklahoma · Feb 8, 2000

Parks clarified the law relating to the standard of review to be applied when corrective review is sought in the appellate courts from a three-judge panel order altering the factual findings of the trial judge. 16 Parks established … Parks involved a terminal panel order which denied compensation and accordingly was clearly subject to appellate-court review. . Parks v. Norman Municipal Hospital, 684 P.2d at 550-551 . .Hermetics Switch, Inc. v.