Justia Civil Procedure Opinion Summaries

The State of Oklahoma moved to terminate a mother's parental rights due to her methamphetamine addiction and failure to provide a stable environment for her child. The child was placed in emergency custody in May 2022, and the mother entered and left multiple inpatient treatment programs without completing them. The State filed a motion to terminate her parental rights in April 2023, and a jury trial was set for August 2023. The mother failed to appear for the trial, and her attorney requested a continuance, which was denied. The trial court held a nonjury trial and terminated her parental rights.The mother appealed the decision, and the Court of Civil Appeals, Division III, affirmed the trial court's ruling. The mother argued that the statute allowing the trial court to deem her failure to appear as a waiver of her right to a jury trial was unconstitutional. The Court of Civil Appeals did not substantively address this constitutional claim.The Supreme Court of the State of Oklahoma reviewed the case and found that the statute in question is constitutional. However, the court emphasized that due process requires that the record must reflect that the parent received notice of the possible consequences of failing to appear for the jury trial. The court vacated the Court of Civil Appeals' opinion and remanded the case to the trial court for an evidentiary hearing to determine whether the mother had received sufficient notice. The trial court is to hold the hearing within 30 days and submit findings of fact and conclusions of law to the Supreme Court within 15 days after the hearing. View "IN THE MATTER OF FB v STATE OF OKLAHOMA" on Justia Law

Cynthia Maldonado and Martha Amaro, who lived on both sides of the Oklahoma-Kansas border and in Mexico, appealed a trial court's order that Oklahoma had jurisdiction over a juvenile deprived proceeding under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The trial court found that Maldonado's child, L.A., had resided in Oklahoma for six months preceding the commencement of the proceeding, making Oklahoma the child's home state. The court also adjudicated the children deprived as to Maldonado.The Texas County District Court of Oklahoma ordered that N.A. and L.A. be taken into emergency custody by the Oklahoma Department of Human Services (OKDHS) after Maldonado and N.A. tested positive for methamphetamine at birth. Maldonado filed a motion arguing that Oklahoma did not have jurisdiction under the UCCJEA, claiming that Mexico and Kansas were the children's home states. The State argued that Oklahoma had jurisdiction under the Oklahoma Children's Code. The trial court found that L.A. had lived in Oklahoma for six months before the proceeding and adjudicated the children deprived.The Supreme Court of the State of Oklahoma reviewed the case and affirmed the trial court's findings. The court held that the Oklahoma district court had subject matter jurisdiction over the juvenile deprived proceeding and that the UCCJEA applied to such proceedings. The court found that the trial court's determination that L.A. had resided in Oklahoma for six months preceding the proceeding was not clearly erroneous. The court also affirmed the trial court's order adjudicating the children deprived as to Maldonado, finding competent evidence to support the order. The appeal was not considered moot due to ongoing collateral consequences. View "IN RE: N.A.; STATE OF OKLAHOMA vs MALDONADO" on Justia Law

Philip Sanders filed a petition in the District Court for Creek County, alleging that Turn Key Health Clinics, LLC caused the wrongful death of his wife, Brenda Jean Sanders, during her confinement in the Creek County Jail. Brenda Sanders was booked into the jail on October 17, 2016, and her health deteriorated over four weeks. She was transported to a hospital on November 20, 2016, diagnosed with severe sepsis and other conditions, and died the next day.The District Court granted Turn Key's motion to dismiss Sanders' petition, citing immunity under the Oklahoma Governmental Tort Claims Act, and allowed Sanders thirty days to amend his petition. Sanders did not amend and appealed the dismissal. The Court of Civil Appeals reversed the District Court's order, but Turn Key filed a petition for certiorari to review the appellate court's decision. The Supreme Court of Oklahoma granted certiorari.The Supreme Court of Oklahoma held that Sanders' appeal was premature as it challenged an interlocutory order, and appellate jurisdiction was absent. The Court vacated the opinion of the Court of Civil Appeals and withdrew it from publication. The Court recast Sanders' petition in error as an application to assume original jurisdiction and a petition for prohibition. The Court concluded that the Governmental Tort Claims Act makes licensed medical professionals "employees" of the state when under contract with city, county, or state entities and providing medical care to inmates or detainees. The Court assumed original jurisdiction and denied the petition for a writ of prohibition. View "Sanders v. Turn Key Health Clinics, LLC" on Justia Law

Grant Phillip Poppinga filed a paternity petition seeking custody, visitation, and support for his daughter with Arrianna Monet Wallace. Unable to locate Wallace, Poppinga attempted service by publication. When Wallace did not appear, Poppinga moved for a default judgment, which the district court granted, establishing his paternity and awarding him sole custody. Wallace later sought to vacate the judgment, citing errors in the service by publication and the default judgment. The district court denied her motion, and she appealed.The Oklahoma Supreme Court reviewed the case, focusing on the sufficiency of the service by publication and the district court's denial of Wallace's motion to vacate. The court found multiple errors in the service by publication, including misspellings, incorrect nature of the suit, and untimely publication. These errors were deemed fatal to the court's jurisdiction over Wallace. Additionally, the court noted that the trial court failed to conduct a proper judicial inquiry into the due diligence of Poppinga's search for Wallace.The Oklahoma Supreme Court held that the district court abused its discretion in finding the service by publication sufficient and in denying Wallace's motion to vacate the default judgment. The court emphasized the importance of due process, particularly in cases involving fundamental parental rights. The court reversed the district court's decision and remanded the case for further proceedings, instructing the trial court to reconsider Wallace's motion to dismiss for lack of jurisdiction and insufficiency of service of process, and to conduct further proceedings consistent with the opinion. View "POPPINGA v. WALLACE" on Justia Law

In August 2014, a train operated by BNSF Railway Company collided with a pickup truck driven by Paul Watson at a railroad crossing in Pawnee County, Oklahoma. Watson, who was not wearing a seatbelt, died instantly, while his wife Terri and their minor child, both belted, survived with injuries. Terri Watson, on behalf of herself, her child, and as a representative of her deceased husband's estate, filed a wrongful death and personal injury lawsuit against BNSF, alleging negligent maintenance of the crossing and failure to install adequate safety features.The case went to trial, and after three weeks of testimony and evidence, the jury found in favor of BNSF on all claims. The plaintiffs' motion for a new trial was denied by the trial court. On appeal, the Court of Civil Appeals, Division IV, found prejudicial errors in the jury instructions, specifically noting that the instructions were biased in favor of BNSF and required an excessive degree of care from Watson. The appellate court reversed the trial court's decision and remanded the case for a new trial.The Supreme Court of the State of Oklahoma reviewed the case on certiorari. The court found that the jury instructions, when considered as a whole, were not so prejudicial as to mislead the jury. The court noted that the instructions accurately reflected Oklahoma law and did not impose a higher standard of care on Watson than required. Consequently, the Supreme Court vacated the opinion of the Court of Civil Appeals, affirmed the trial court's judgment, and reinstated the jury's verdict in favor of BNSF. The case was remanded for further proceedings consistent with this opinion. View "WATSON v. BNSF RAILWAY COMPANY" on Justia Law

Kiefer Production Company (KPC), a non-party, appealed adverse discovery orders related to a subpoena duces tecum issued by the Keetons, co-trustees and co-personal representatives of Noma Rongey's estate. The Court of Civil Appeals (COCA) dismissed the appeal, stating the orders were not appealable. KPC then petitioned for certiorari, which was granted by the Supreme Court of Oklahoma.The district court had previously denied the Owners' motion to quash the subpoena and ordered KPC to produce financial documents to determine the value of Rongey's interest in KPC. The district court also placed Rongey's interest in pay status. COCA partially affirmed the district court's order but remanded the case to address the implications of Rongey's death and the scope of the documents requested. On remand, the district court denied KPC's renewed motion to quash and granted the Keetons' motion to compel the production of documents.The Supreme Court of Oklahoma held that the discovery orders were appealable and that the district court did not abuse its discretion in ordering KPC to produce the documents. The court found that KPC, as a non-party, had a substantial right affected by the orders and that the orders conclusively determined the issue of document production. The court also held that KPC's financial documents, including tax returns, were relevant to determining the value of Rongey's interest in KPC and were therefore discoverable.The Supreme Court vacated COCA's opinion and affirmed the district court's judgment, requiring KPC to comply with the subpoena. The court also held that KPC did not have standing to appeal the order placing Rongey's interest in pay status, as this issue was not final and was subject to further proceedings. View "ROYAL HOT SHOT INVESTMENTS v. KIEFER PRODUCTION CO." on Justia Law

Mark Glen Spencer died from sepsis two days after a surgical procedure performed by Dr. Lana Nelson at Norman Regional Medical Authority. Spencer's brother, Jimmy Wayne Spencer, acting as the Special Administrator of the estate, filed a wrongful death action against the hospital and Dr. Nelson, alleging negligent and grossly negligent treatment. The hospital delayed providing complete medical records, which were essential for evaluating the claim.The District Court dismissed the case, finding that the plaintiff had actual knowledge of the potential claim before the statutory deadline and that Dr. Nelson, as a hospital employee, was immune from individual liability under the Oklahoma Governmental Tort Claims Act (GTCA). The Court of Civil Appeals affirmed the dismissal, holding that the discovery rule did not apply to wrongful death claims under the GTCA and that Dr. Nelson could not be individually sued for actions within the scope of her employment.The Supreme Court of the State of Oklahoma reviewed the case and vacated the Court of Civil Appeals' opinion. The Supreme Court held that the discovery rule applies to wrongful death actions arising from medical negligence under the GTCA. It also ruled that governmental employees have no immunity under the GTCA for gross negligence or acts outside the scope of employment. The court found that the trial court erred in making factual determinations on a motion to dismiss and that it should have taken the plaintiff's allegations as true. The case was remanded for further proceedings consistent with these findings. View "SPENCER v. NELSON" on Justia Law

A group of medical providers sued a former employee for breach of an employment agreement. The employee counterclaimed, alleging he was owed unpaid wages and bonuses. The providers initially raised "failure to state a claim" as their sole affirmative defense. However, after nearly four years of litigation, they attempted to argue for the first time that the contract was illegal and therefore void. The lower court found that the providers had waived this affirmative defense and issued a judgment in favor of the employee. The providers appealed, and the Court of Civil Appeals reversed, concluding that the lower court had abused its discretion by refusing to consider the providers' claim of illegality.The Supreme Court of the State of Oklahoma disagreed with the Court of Civil Appeals. It held that the trial judge did not abuse her discretion in striking the providers' last-minute effort to raise a new affirmative defense. The court noted that the providers had failed to raise the illegality defense in their initial responsive pleading and did not seek to amend their answer in a timely manner. Furthermore, the providers did not raise the illegality defense until after the trial court had already awarded summary judgment to the employee on the issue of breach of contract, more than ten months after the close of discovery, more than nine months after the lower court's deadline for filing dispositive motions, and almost four years after the original lawsuit was filed. The court concluded that the record was sufficient to support a finding that the providers' delay was unjustified and prejudicial. The court vacated the opinion of the Court of Civil Appeals, affirmed the trial court's order striking the illegality affirmative defense, and remanded the case to the Court of Civil Appeals to resolve any remaining undecided issues raised in the appeal. View "Tulsa Ambulatory Procedure Center v. Olmstead" on Justia Law

Survivors of the 1921 Tulsa Race Massacre and representatives of the estate of a deceased survivor filed a lawsuit against the City of Tulsa, the Tulsa Regional Chamber, the Board of County Commissioners for Tulsa County, the Sheriff of Tulsa County, and the Oklahoma Military Department. The plaintiffs alleged that the defendants' actions and omissions, beginning with the massacre and continuing to the present day, constituted a public nuisance. They also claimed that the defendants had unjustly enriched themselves by exploiting the massacre for their own economic and political gain.The District Court of Tulsa County dismissed the plaintiffs' claims. It found that the plaintiffs had failed to state a justiciable public nuisance claim and had not proposed a legally cognizable abatement remedy. The court also dismissed the unjust enrichment claim, citing a failure to correct a defective pleading.The plaintiffs appealed to the Supreme Court of the State of Oklahoma. They argued that the district court had erred in dismissing both their public nuisance and unjust enrichment claims. The Supreme Court retained the case for review.The Supreme Court affirmed the district court's decision. It held that the plaintiffs' grievances did not fall within the scope of Oklahoma's public nuisance statute. The court also found that the plaintiffs' allegations did not support a claim for unjust enrichment under the equitable doctrine. The court noted that the plaintiffs' grievances were legitimate but stated that the law did not permit the court to extend the scope of the public nuisance doctrine or the doctrine of unjust enrichment to provide the plaintiffs with the justice they sought. View "Randle v. City of Tulsa" on Justia Law

The case revolves around the issue of whether a guardian can initiate a divorce proceeding on behalf of an incapacitated ward. Peter Galbraith, II, the ward, and Belinda Galbraith were married in 2015. Between 2018 and 2019, Mr. Galbraith became ill with Frontotemporal Dementia BV. Mrs. Galbraith obtained a power of attorney and later deeded the marital residence to her separate trust. In 2022, she asked Mr. Galbraith's brother and mother to take care of him, and he was moved out of the marital home. In 2023, Mr. Galbraith's brother and mother petitioned the court for a general guardianship over him and filed a Petition for the Dissolution of Marriage without first obtaining authorization from the guardianship court. Mrs. Galbraith filed a motion for summary judgment alleging the guardians lacked authority to initiate a divorce proceeding on behalf of the ward. The trial court agreed and granted the motion.The trial court initially held that the guardian did not have the authority to file a divorce petition on behalf of the ward. After obtaining authorization from the guardianship court, the guardian refiled the petition. However, the trial court again dismissed the petition, stating that Oklahoma law does not allow a guardian to initiate a divorce on behalf of a ward. The guardian appealed this decision to the Supreme Court of the State of Oklahoma.The Supreme Court of the State of Oklahoma reversed the trial court's decision. The court held that the Oklahoma Guardianship and Conservatorship Act does not explicitly disallow the guardianship court from authorizing a guardian to file a divorce petition on behalf of a ward. The court found that the guardian was acting to protect the ward's rights and manage his financial resources, which aligns with the purpose of the Act. The court also held that the addressed provisions of title 43 of the Oklahoma Statutes do not act as a bar to the initiation of such an action by the guardian. The court concluded that the guardianship court may authorize a guardian to initiate a divorce action on behalf of a ward. The case was remanded for further proceedings. View "GALBRAITH v. GALBRAITH" on Justia Law