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Oklahoma Bar Journal Vol Volume 82 u No. 21 u August 13, 2011 1890 The Oklahoma Bar Journal Vol. 82 — No. 21 — 8/13/2011 OFFICERS & BOARD OF GOVERNORS Deborah A. Reheard, President, Eufaula Cathy M. Christensen, President-Elect, Oklahoma City EVENTS CALENDAR Reta Strubhar, Vice President, Piedmont Allen M. Smallwood, Immediate Past President, Tulsa AUGUST 2011 Martha Rupp Carter, Tulsa Charles W. Chesnut, Miami 17 Oklahoma Council of Administrative Hearing Officials; 12 p.m.; Renée DeMoss, Tulsa Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Gerald C. Dennis, Antlers Glenn A. Devoll, Enid Contact: Carolyn Guthrie (405) 271-1269 Ext. 56212 Steven Dobbs, Oklahoma City OBA Women in Law Committee Meeting; 3:30 p.m.; Oklahoma Bar O. Chris Meyers II, Lawton Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Lou Ann Moudy, Henryetta D. Scott Pappas, Stillwater Deborah Bruce (405) 528-8625 David A. Poarch Jr., Norman 18 OBA Justice Commission Meeting; 2 p.m.; Oklahoma Bar Center, Ryland L. Rivas, Chickasha Oklahoma City; Contact: Drew Edmondson (405) 235-5563 Susan S. Shields, Oklahoma City Roy D. Tucker, Muskogee, OBA Bar Association Technology Committee Meeting; 3 p.m.; Chairperson, OBA/Young Lawyers Division Oklahoma Bar Center, Oklahoma City and OSU Tulsa; Contact: Gary Clark BAR CENTER Staff (405) 744-1601 John Morris Williams, Executive Director; 19 Oklahoma Bar Foundation Trustee Meeting; 1 p.m.; Oklahoma Gina L. Hendryx, General Counsel; Donita Bourns Douglas, Director of Educational Bar Center, Oklahoma City and OSU Tulsa; Contact: Nancy Norsworthy Programs; Carol A. Manning, Director of (405) 416-7070 Communications; Craig D. Combs, Director of Administration; Travis Pickens, Ethics Counsel; 20 OBA Law-related Education We the People Training; 8:30 a.m.; Jim Calloway, Director of Management Assistance Oklahoma Bar Center, Oklahoma City; Contact: Jane McConnell Program; Beverly Petry Lewis, Administrator (405) 416-7024 MCLE Commission; Jane McConnell, Coordinator Law-related Education; John Burchell, Information 22 OBA Alternative Dispute Resolution Section Meeting; 4 p.m.; Services Manager; Loraine Dillinder Farabow, Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Debbie Maddox, Ted Rossier, Assistant General Contact: D. Michael O’Neil Jr. (405) 239-2121 Counsels; Katherine Ogden, Staff Attorney, Tommy Butler, Sharon Orth, Dorothy Walos 24 OBA Professionalism Committee Meeting; 4 p.m.; Oklahoma Bar and Krystal Willis, Investigators Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Manni Arzola, Debbie Brink, Stephanie Burke, Patricia Podolec (405) 760-3358 Brenda Card, Morgan Estes, Johnny Marie Floyd, Matt Gayle, Brandon Haynie, 25 OBA Men Helping Men Support Group; 5:30 p.m.; The Center Suzi Hendrix, Misty Hill, Debra Jenkins, for Therapeutic Interventions, Suite 510, Tulsa; RSVP to: Kim Reber Amy Kelly, Jeff Kelton, Durrel Lattimore, (405) 840-3033 Debora Lowry, Heidi McComb, Renee Montgomery, Wanda Reece-Murray, Lori Oklahoma Bar Foundation Grants and Awards Committee Rasmussen, Tracy Sanders, Mark Schneidewent, Reviews; 8:30 a.m.; Oklahoma Bar Center, Oklahoma City; Contact: Robbin Watson, Laura Willis & Roberta Yarbrough Nancy Norsworthy (405) 416-7070 EDITORIAL BOARD 26 OBA Board of Governors Meeting; Vinita, Oklahoma; Contact: Editor in Chief, John Morris Williams, News John Morris Williams (405) 416-7000 & Layout Editor, Carol A. Manning, Editor, Melissa DeLacerda, Stillwater, Associate Editors: OBA Communications Committee Meeting; 12 p.m.; Oklahoma Dietmar K. Caudle, Lawton; Judge Sheila Bar Center, Oklahoma City and OSU Tulsa; Contact: Mark Hanebutt Condren, Claremore; Sandee Coogan, Norman; (405) 948-7725 Emily Duensing, Tulsa; Erin L. Means, Enid; Pandee Ramirez, Okmulgee; Leslie D. Taylor, For more events go to www.okbar.org/calendar Oklahoma City; Joseph M. Vorndran, Shawnee; January Windrix, Poteau The Oklahoma Bar Association’s official website: NOTICE of change of address (which must be www.okbar.org in writing and signed by the OBA member), THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar undeliverable copies, orders for subscriptions Association. Allll rights reserved. Copyright© 2011 Oklahoma Bar Association. or ads, news stories, articles and all mail items The design of the scales and the “Oklahoma Bar Association” encircling the should be sent to the Oklahoma Bar Association, scales are trademarks of the Oklahoma Bar Association. Legal articles carried P.O. Box 53036, Oklahoma City, OK 73152-3036. in THE OKLAHOMA BAR JOURNAL are selected by the Board of Editors. Oklahoma Bar Association (405) 416-7000 THE OKLAHOMA BAR JOURNAL (ISSN 0030-1655) IS PUBLISHED THREE TIMES Toll Free (800) 522-8065 FAX (405) 416-7001 A MONTH IN JANUARY, FEBRUARY, MARCH, APRIL, MAY, AUGUST, SEPTEM- Continuing Legal Education (405) 416-7006 BER, October, NOVEMBER AND DECEMBER AND BIMONTHLY IN JUNE AND Ethics Counsel (405) 416-7055 JULY. BY THE OKLAHOMA BAR Association, 1901 N. LINCOLN BOULEVARD, General Counsel (405) 416-7007 OKLAHOMA CITY, OKLAHOMA 73105. PERIODICALS PostaGE PAID at OKLA- Law-related Education (405) 416-7005 HOMA CITY, OK. POSTMASTER: SEND ADDRESS CHANGES to THE OKLAHOMA Lawyers Helping Lawyers (800) 364-7886 BAR ASSOCIATION, P.O. BOX 53036, OKLAHOMA CITY, OK 73152-3036. SUBSCRIP- Mgmt. Assistance Program (405) 416-7008 TIONS ARE $55 PER YEAR EXCEPT FOR LAW STUDENTS REGISTERED WITH THE Mandatory CLE (405) 416-7009 OKLAHOMA BAR Association, WHO MAY SUBSCRIBE FOR $25. ACTIVE MEM- OBJ & Communications (405) 416-7004 BER SUBSCRIPTIONS ARE INCLUDED AS A Portion OF ANNUAL DUES. ANY Board of Bar Examiners (405) 416-7075 OPINION EXPRESSED HEREIN IS that OF THE AUTHOR AND NOT NECESSAR- Oklahoma Bar Foundation (405) 416-7070 ILY THAT OF THE OKLAHOMA BAR Association, OR THE OKLAHOMA BAR JOURNAL BOARD OF EDitors. Vol. 82 — No. 21 — 8/13/2011 The Oklahoma Bar Journal 1891 1892 The Oklahoma Bar Journal Vol. 82 — No. 21 — 8/13/2011 OKLAHOMA BAR ASSOCIATION table of contents August 13, 2011 • Vol. 82 • No. 21 page 1891 Events Calendar 1894 Index to Court Opinions 1896 Supreme Court Opinions 1900 OBA Board of Governors Vacancies 1903 Court of Civil Appeals Opinions 1940 Disposition of Cases Other Than by Publication Vol. 82 — No. 21 — 8/13/2011 The Oklahoma Bar Journal 1893 Index To Opinions Of Supreme Court 2010 OK 52 IN THE MATTER OF THE STRIKING OF NAMES OF MEMBERS OF THE OKLAHOMA BAR ASSOCIATION FOR NONPAYMENT OF 2010 DUES SCBD No. 5654 .............................................................................................................................................. 1896 2010 OK 53 IN THE MATTER OF THE STRIKING OF NAMES OF MEMBERS OF THE OKLAHOMA BAR ASSOCIATION FOR NONCOMPLOANCE WITH MANDATO- RY CONTINUING LEGAL EDUCATION REQUIREMENTS FOR THE YEAR 2009 SCBD No. 5655 .................................................................................................................................. 1897 Index To Opinions of Court of Civil Appeals 2011 OK CIV APP 91 STATE OF OKLAHOMA ex rel. CHARLES W. WRIGHT and RACHEL LAWRENCE MOR, individuals and TAXPAYER CITIZENS OF THE STATE OF OKLAHOMA, Plaintiffs/Appellants, v. OKLAHOMA CORPORATION COM- MISSION, THE PETROLEUM STORAGE TANK DIVISION OF THE CORPORA- TION COMMISSION, THE PETROLEUM STORAGE TANK RELEASE ENVIRON- MENTAL CLEANUP INDEMNITY FUND OF THE DIVISION, COMMISSIONERS DENISE A. BODE, JEFF CLOUD, and BOB ANTHONY, and BROOKS MITCHELL, ROBYN STRICKLAND, and DEE PORTER, Defendants/Appellees. No. 108,897 ................ 1903 2011 OK CIV APP 89 SHELLY JO GREGORY, now CAMPBELL, Petitioner/Appellant, v. RICKY LYNN GREGORY, Respondent/Appellee, and State of Oklahoma, Depart- ment of Human Services, Child Support Enforcement, A Necessary Party/Interested Party. No. 108,644 .............................................................................................................................. 1905 2011 OK CIV APP 90 ANN DRUMMOND WOOLLEY; ANN DRUMMOND WOOLLEY, TRUSTEE OF THE WALTER WOOLLEY, JR. REVOCABLE TRUST DATED 6/9/88; and ANN DRUMMOND WOOLLEY, TRUSTEE OF THE ANN DRUMMOND WOOLLEY TRUST U/T/A DATED 11/30/98; FIVE WOOLLEY, L.L.C.; and 7c LAND & MINERALS COMPANY, Appellants, v. THE CORPORATION COMMIS- SION OF THE STATE OF OKLAHOMA, COMPOSED OF THE HONORABLE BOB ANTHONY, CHAIRMAN, THE HONORABLE JEFF CLOUD, VICE CHAIRMAN; AND THE HONORABLE DANA L. MURPHY, COMMISSIONER; AND PONTO- TOC PRODUCTION COMPANY, INC., Appellees. No. 108,686 .............................................. 1907 2011 OK CIV APP 88 SCANLINE MEDICAL, L.L.C., d/b/a HUMMEL MEDICAL, an Oklahoma Limited Liability Company, Plaintiff/Appellant, v. CHRIS BROOKS, an individual, Defendant/Appellee. No. 108,287 ............................................................................. 1909 2011 OK CIV APP 87 STILLWATER NATIONAL BANK & TRUST COMPANY, a national banking association, Plaintiff/Appellee, v. Justin A. Cook, d/b/a Cook & Associates Engineering, Inc., and Cook & Associates Engineering, Inc., an Oklahoma corpora- tion, Defendants, PSA-DEWBERRY, INC., a foreign corporation, Defendant/Appel- lant, PSA-Dewberry, Inc., Third-Party Plaintiff, v. Broken Arrow Properties, L.L.C., Third-Party Defendant No. 108,209 ............................................................................................... 1912 2011 OK CIV APP 86 BRIAN GALARZA, Petitioner/Appellant, v. EUNICE DENISE GALARZA, Respondent/Appellee. No. 107,820 ......................................................................... 1915 2011 OK CIV APP 83 ERICK
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