¶1 Plaintiffs brought an action pursuant to the Oklahoma Governmental Tort Claims Act, against the Oklahoma County Court Clerk (Clerk), alleging negligent maintenance of court files that led to the issuance of a warrant for his arrest, and against Oklahoma County, by and through the Board of County Commissioners, for Oklahoma County (Board), as Clerk's employer. The trial court granted summary judgment in favor of both defendants and plaintiffs appealed. We granted the motion to retain the...  

¶1 Plaintiff Richard C. Barnett (Barnett) sued defendants Darryl K. Simmons and Paul A. Franks, individually and as partners doing business as Rock Oil Company (Rock Oil), seeking unpaid royalties on sales of oil allegedly owed to him by Rock Oil as operator of a well producing on the Osborn lease. Barnett alleged that he had been underpaid for royalties on the Osborn lease and that Rock Oil had breached its fiduciary duty by inappropriately limiting production and by transporting oil...  

Upon consideration of the complainant's, Oklahoma Bar Association (Bar Association), application for an order approving the resignation of the respondent, George Josef Miskovsky, III, pending disciplinary proceedings, THE COURT FINDS:... 1. On October 24, 2008, the respondent submitted his written affidavit of resignation from membership in the Bar Association pending disciplinary proceedings... 2. The respondent's affidavit of resignation reflects that: a) it was freely and voluntarily...  

¶1 The issue before this Court is the constitutionality of 12 O.S. Supp.2003, § 1501 which deems dismissed any medical negligence lawsuit where the defendant has not been served with summons within 180 days of the filing of the lawsuit. We hold that the statute is unconstitutional... ¶2 Appellants challenge the constitutionality of § 150 as a special law in that it holds medical negligence plaintiffs to different and stricter standards than the general service of process...  

¶1 This Rule 6 proceeding for lawyer discipline presents an extreme example of a lawyer's repeated failure to respond to client grievances and her failure to comply with requests of the General Counsel for information regarding the grievances. It also involves the lawyer's repeated failure to participate in the disciplinary process and her failure to respond to this Court when directed to do so. Under the uncontested facts related in this opinion, this Court is left with no choice but to...  

¶1 The attorney filed an application for reinstatement following his suspension by this Court for a period of ninety days.1 Thereafter, the Bar Association charged Combs with one count of professional misconduct in relation to his failure to follow procedures mandated for an attorney suspended by order of this Court for a period of less than two years. These two matters are considered together for the sole purpose of promulgating one opinion2 addressing the issues presented... ¶2 The...  

This is an action on an automobile insurance policy. Plaintiff's insured vehicle suffered property damage in an accident. Defendants1 paid for repairs to the vehicle, but the repairs did not restore the vehicle to its pre-accident condition. Defendants contended that they were responsible for only the cost of the repairs. Plaintiff claimed that the policy made defendants liable for plaintiff's entire "loss" and that, if the attempted repair could not restore the vehicle to its...  

¶1 The dispositive issues tendered on appeal are: (1) Did Assessor prove that the assessed property had a tax situs in Woods County? (2) Did Assessor prove that Missouri Gas Energy owned the assessed property? (3) Is the assessed natural gas tangible personal property for purposes of ad valorem taxation? (4) Does the challenged tax violate the Commerce Clause of the United States Constitution? and (5) Does the challenged tax violate the Freeport Exemption of the Oklahoma Constitution? We...  

¶1 The issue presented is whether the trial court erred in granting summary judgment to EOG Resources Marketing, Inc., (EOGRM) concerning whether: 1) the district court was the proper forum for the cause; 2) the State Board of Equalization and the Oklahoma Tax Commission had jurisdiction to assess EOGRM for ad valorem taxes; and 3) EOGRM is a public service corporation. We find that it did not... FACTS... ¶2 EOGRM is a subsidiary of EOG Resources Inc. EOGRM owns and operates natural...  

ORDER ADOPTING AMENDMENTS TO OKLAHOMA UNIFORM JURY INSTRUCTIONS — CIVIL (SECOND EDITION)... ¶1 The Court has reviewed the report and recommendations of the Oklahoma Supreme Court Committee for Uniform Civil Jury Instructions for adoption of the proposed revisions. The Court accepts that report and finds the revisions should be ordered adopted... ¶2 It is therefore ordered, adjudged and decreed that the revisions shall be available for access via the internet from the Court...  

¶1 This cause concerns a dispute over title to a home owned since March 12, 1981, by the appellant, Dolla Garcia, also known as Dolla Moore (landowner). The appellee, Ted Parks, Inc. (Parks) asserts an interest in the property by virtue of his Certificate of Tax Deed. The legitimacy of Park's interest in the property is contingent on: 1) whether the Oklahoma County Treasurer's October 6, 2003, tax sale and the issuance of the September 6, 2007, Certificate of Tax Deed complied with the...  

¶1 The Oklahoma Bar Association (OBA) charged respondent, Richard F. Berger, with one count of neglect of a client matter and misrepresentation of such to the client and to the Bar Association, in violation of Rules 1.1, 1.3, 1.4, 3.2, 8.1 and 8.4(c), of the Rules of Professional Conduct, (ORPC), 5 O.S.1991 Ch. 1, App. 3A and Rules 1.3 and 5.2 of the Rules Governing Disciplinary Proceedings, 5 O.S.1991 Ch. 1, App. 1-A.1 The proceeding was brought pursuant to Rule 6, RGDP and hearing was...  

¶1 These companion appeals are considered together and consolidated for the sole purpose of promulgating one opinion to resolve the identical issue presented. The question is whether the Public Defender has standing to challenge the compensation awarded the adoptive parents' counsel. The Public Defender has contended that the compensation awards in question are erroneous, because they are based on "flat fee" attorney fee contracts and include non-legal administrative expenses. The...  

¶1 Courtney Dewayne Watts, Appellant, was tried by jury and found guilty of Counts 1 and 4, unlawful distribution of a controlled dangerous substance (methamphetamine), in violation of 63 O.S.Supp.2003, § 2-401 (A)(1); Counts 2 and 3, trafficking in illegal drugs (methamphetamine), in violation of 63 O.S.Supp.2002, § 2-415; Count 5, conspiracy to commit unlawful distribution of a controlled dangerous substance (methamphetamine), in violation of 63 O.S.2001, § 2-408; Count 6,...  

ORDER APPROVING RESIGNATION FROM OKLAHOMA BAR ASSOCIATION PENDING DISCIPLINARY PROCEEDINGS... Upon consideration of the complainant's, Oklahoma Bar Association (Bar Association), application for an order approving the resignation of the respondent, Christopher Crawford Rea, pending disciplinary proceedings, THE COURT FINDS:... 1. On July 7, 2008, the respondent submitted his written affidavit of resignation from membership in the Bar Association pending disciplinary proceedings... 2. The...  

¶1 The dispositive issue on certiorari is whether the Court of Civil Appeals (COCA) erred in affirming the trial court's order dismissing plaintiffs' recommenced action. We answer in the negative. Although the result we reach is the same as that of COCA, we vacate the latter court's opinion to substitute in its place our own pronouncement... I... THE ANATOMY OF LITIGATION... ¶2 Doris Willis and Jennie Richardson (plaintiffs), daughters of Gatha Elizabeth Cheek, a former resident of...  

¶1 The issue before this Court is the constitutionality of Enrolled Senate Bill 2034,2(the Bill) effective June 3, 2008. We hold that the statute is constitutional... ¶2 The Petitioner challenges the constitutionality of the Bill because it waives the penalty, interest and other collection fees due on unpaid taxes during a two month period beginning September 15, 2008 and ending on November 14, 2008.3 As support for his challenge, he cites Article 5, § 53 of the Oklahoma...  

¶1 This case is before the Court to determine the final discipline to be imposed on Respondent attorney Donald D. Thompson, pursuant to Rule 7 (Summary Disciplinary Proceedings Before Supreme Court) of the Rules Governing Disciplinary Proceedings, 5 O.S.2001, Ch.1, App.1-A, as amended. These proceedings began in September 2006 when Complainant, the Oklahoma Bar Association, by letter from its General Counsel's Office, notified this Court that Respondent was convicted and sentenced on four...  

¶1 Two questions are posed in this controversy for our review: (1) Is Equity Insurance Company's policy provision that deals with cancellation for nonpayment of a premium ambiguous? If so, did defendant tender proof that would raise a question of fact as to when notice of the policy's cancellation must be submitted to the insured? (2) Do the terms of the Oklahoma Consumer Credit Protection Code, 14A O.S. 2001 § 4-304,2 apply to insurance agreements in which installment payments for...  

¶1 The appeal1 of the district court orders of February 152 and 25,3 2008, respectively, involves visitation and placement matters relating to the child and will be resolved by a single opinion in the instant appeal,4 retained by the Court sua sponte. We are asked to determine5 whether the trial court abused its discretion in ordering visitation with the goal of reunification and in directing a change in placement... ¶2 The record contains facts in support of both sides of the...