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Volume 90 — No. 19 — 10/12/2019 Court Issue OKLAHOMA CITY THUNDER VS. ORLANDO An Evening of CLE Ethics, Food, MAGIC and Thunder Basketball! SEATING IN SECTION 101, ROWS M AND N LIMITED TO THE WHY ATTORNEYS FIRST 36 PEOPLE FOUL OUT: NOVEMBER 5, 2019 Professionalism in Sports and 4 - 7 p.m. the Legal Profession Chesapeake Energy Arena In this fun and innovative presentation, attorneys will learn the unwritten rules of The Huddle at Budweiser Brew House professionalism in sports and watch film clips of various sports including 100 W. Reno Ave, OKC basketball, golf and baseball. We will review whether these same concepts of professionalism in sports can apply in the legal profession. Attorneys have described this presentation as fantastic, informative and awesome. Philip Bogdanoff is a nationally recognized continuing legal education speaker. He served as senior assistant prosecutor in the Summit County, Ohio MCLE 2/2 prosecutor’s office for more than 25 years arguing cases before the Ohio Ninth District Court of Appeals and the Ohio Supreme Court. He is the author of numerous articles on ethics and has done ethics presentations for the National Association of Legal Administrators, National District Attorneys Association, and featured presenter: numerous State Bar Associations. Philip Bogdanoff, Attorneys describe his presentations as interactive, Attorney & Instructor, Akron, Ohio engaging, instructive, useful, and entertaining. Stay up-to-date and follow us on TUITION: Register by October 29th for $200. Registration includes 2 hours of CLE, hearty buffet and beverages with cash bar, and baseline seats; Guests and those members not wanting CLE credit may register for $150 by contacting [email protected]. Free view of the evolving downtown area included at no additional cost. Contact [email protected] for game tickets only (will not be to register go to www.okbar.org/cle seated with the group). 1124 The Oklahoma Bar Journal Vol. 90 — No. 19 — 10/12/2019 THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Associa- tion. All rights reserved. Copyright© 2019 Oklahoma Bar Association. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Volume 90 – No. 19 – 10/12/2019 Board of Governors, Board of Editors or staff. Although advertising copy is reviewed, no endorsement of any product or service JOURNAL STAFF BOARD OF EDITORS offered by any advertisement is intended or implied by publication. Advertisers are solely JOHN MORRIS WILLIAMS MELISSA DELACERDA responsible for the content of their ads, and Editor-in-Chief Stillwater, Chair the OBA reserves the right to edit or reject [email protected] LUKE ADAMS, Clinton any advertising copy for any reason. Legal articles carried in THE OKLAHOMA CAROL A. MANNING, Editor AARON BUNDY, Tulsa BAR JOURNAL are selected by the Board of [email protected] Editors. Information about submissions can CASSANDRA L. COATS, be found at www.okbar.org. MACKENZIE SCHEER Vinita Advertising Manager PATRICIA A. FLANAGAN [email protected] BAR CENTER StaFF Yukon John Morris Williams, Executive Director; Gina LAURA STONE AMANDA GRANT, Spiro L. Hendryx, General Counsel; Richard Stevens, Communications Specialist Ethics Counsel; Jim Calloway, Director of Man- [email protected] VIRGINIA D. HENSON, Norman agement Assistance Program; Craig D. Combs, Director of Administration; Susan Damron, LAURA WOLF C. SCOTT JONES, Director of Educational Programs; Beverly Petry Communications Specialist Oklahoma City Lewis, Administrator MCLE Commission; Carol [email protected] SHANNON L. PRESCOTT A. Manning, Director of Communications; Rob- Okmulgee bin Watson, Director of Information Technology; Loraine Dillinder Farabow, Peter Haddock, LESLIE TAYLOR, Ada Tracy Pierce Nester, Katherine Ogden, Steve Sullins, Assistant General Counsels OFFICERS & Les Arnold, Julie A. Bays, Gary Berger, Debbie Brink, Melody Claridge, Cheryl Corey, BOARD OF GOVERNORS Ben Douglas, Dieadra Florence, Johnny CHARLES W. CHESNUT, President, Miami; Marie Floyd, Matt Gayle, Suzi Hendrix, Debra Jenkins, Rhonda Langley, Jamie Lane, LANE R. NEAL, Vice President, Oklahoma City; SUSAN B. SHIELDS, Durrel Lattimore, Edward Maguire, Renee President-Elect, Oklahoma City; KIMBERLY HAYS, Immediate Past Montgomery, Whitney Mosby, Tracy Sanders, President, Tulsa; MATTHEW C. BEESE, Muskogee; TIM E. DECLERCK, Mackenzie Scheer, Mark Schneidewent, Laura Enid; MARK E. FIELDS, McAlester; BRIAN T. HERMANSON, Ponca Stone, Krystal Willis, Laura Willis, Laura Wolf City; JAMES R. HICKS, Tulsa; ANDREW E. HUTTER, Norman; DAVID & Roberta Yarbrough T. MCKENZIE, Oklahoma City; BRIAN K. MORTON, Oklahoma City; Oklahoma Bar Association 405-416-7000 JIMMY D. OLIVER, Stillwater; MILES T. PRINGLE, Oklahoma City; Toll Free 800-522-8065 BRYON J. WILL, Yukon; D. KENYON WILLIAMS JR., Tulsa; BRANDI FAX 405-416-7001 NOWAKOWSKI, Shawnee, Chairperson, OBA Young Lawyers Division Continuing Legal Education 405-416-7029 Ethics Counsel 405-416-7055 General Counsel 405-416-7007 Lawyers Helping Lawyers 800-364-7886 The Oklahoma Bar Journal Court Issue is published twice Mgmt. Assistance Program 405-416-7008 monthly and delivered electronically by the Oklahoma Bar Mandatory CLE 405-416-7009 Association, 1901 N. Lincoln Boulevard, Oklahoma City, Board of Bar Examiners 405-416-7075 Oklahoma 73105. Oklahoma Bar Foundation 405-416-7070 Subscriptions $60 per year that includes the Oklahoma Bar Journal magazine published monthly, except June and July. Law students registered with the OBA and senior members www.okbar.org may subscribe for $30; all active members included in dues. Vol. 90 — No. 19 — 10/12/2019 The Oklahoma Bar Journal 1125 The Oklahoma Association for Justice (OAJ) presents the 2019 Insurance, Tort & Workers’ Compensation Update Please join The Oklahoma Association for Justice and 2019 OAJ President Fletcher Handley for a reception honoring all new attorneys admitted in 2019 after the CLE. Oklahoma City: November 7, 2019 at the Cox Convention Center, during the Oklahoma Bar Association’s Annual Meeting (Ballroom A, 1 Myriad Gardens, Oklahoma City, OK 73102); followed by a hosted reception for all participants at The Manhattan, OKC, from 4:30 pm to 5:30 pm (Oklahoma Tower, 210 Park Ave. Suite 150, Oklahoma City, OK 73102). Admission to the reception is by OAJ or OBA badge only. Tulsa: December 5, 2019 at the Renaissance Tulsa Hotel and Convention Center (Seville Ballroom, 6808 S. 107th E. Ave., Tulsa, OK 74133); followed by a hosted reception for all participants. Get MCLE credit and learn the latest updates in insurance law,workers’ comp, torts, and bad faith. Presentations include: o Malpractice Avoidance in Tort and Insurance Cases, materials written by Rex Travis, presented by Margaret Travis o Bad Faith Update by Clifton Naifeh o Uninsured Motorist Update by Rex Travis o Insurance Law Update by Rex Travis o Workers’ Compensation Update by Jack Zurawik o Tort Cases You Need to Know About by Rex Travis Registration opens at 8:30 am; first presentation begins at 9:00 am; presentations conclude at approximately 3:45 pm. Participants will receive 6 hours of mandatory CLE credit, including 1 hour of Ethics. Newly admitted attorneys with bar dates in 2019 attend free! If you took the Oklahoma Bar Exam in either February or July 2019 and have joined the Oklahoma Bar, OAJ invites you to get ½ of your MCLE for 2020 and enjoy a hosted reception where you can meet your peers at no charge. We look forward to meeting you. Register online at https://okforjustice.org, Member Center, CLE & Events OKLAHOMA BAR ASSOCIATION table of contents Oct. 12, 2019 • Vol. 90 • No. 19 page 1128 Index to Court Opinions 1129 Opinions of Supreme Court 1141 Opinions of Court of Criminal Appeals 1183 OBA 2020 Proposed Budget 1188 2019 Report of the Title Examination Standards Committee of the Real Property Law Section 1193 Proposed Amendment to Supreme Court Rules for MCLE 1195 Board of Governors Vacancies and Nominating Petitions 1197 Calendar of Events 1198 Opinions of Court of Civil Appeals 1208 Disposition of Cases Other Than by Publication Vol. 90 — No. 19 — 10/12/2019 The Oklahoma Bar Journal 1127 Index to Opinions of Supreme Court 2019 OK 59 I.T.K., a minor individual, by and through his parents and natural guardians IAN KNIGHT and CAROLYN LEFFEW, Plaintiff/Appellant, vs. MOUNDS PUBLIC SCHOOLS, and WILLIAM RICHARD KNOX, an individual, Defendants/Appellees. No. 115,069 ......................................................................................................................................... 1129 2019 OK 60 STATE OF OKLAHOMA, ex rel. OKLAHOMA BAR ASSOCIATION Com- plainant v. RICHARD E. STOUT, Respondent. SCBD No. 6732 ................................................ 1129 2019 OK 61 DANIEL WILLIAMS and BARBARA WILLIAMS, Plaintiffs/Appellants, v. TAMKO BUILDING PRODUCTS, INC., Defendant/Appellee. No. 117,190 .......................... 1133 2019 OK 62 State of Oklahoma ex rel. Oklahoma Bar Association, Complainant, v. SHEL- LEY LYNNE LEVISAY, Respondent. SCBD No. 6827 ................................................................. 1138 2019 OK 63 STATE OF OKLAHOMA ex rel. OKLAHOMA BAR ASSOCIATION Com plainant, v. EMMA BARLIE ARNETT Respondent. SCBD #6676 ............................................. 1138 2019 OK 64 IN RE: AMENDMENT TO THE OKLAHOMA SUPREME COURT RULE 1.60, 12 O.S. ch. 15, app.1. S.C.A.D. No. 2019-86 .......................................................................... 1139 Index to Opinions