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Volume 82 No. 27 October 15, 2011 Volume 82 u No. 27 u October 15, 2011 2378 The Oklahoma Bar Journal Vol. 82 — No. 27 — 10/15/2011 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, OCTOBER 2011 Tulsa Martha Rupp Carter, Tulsa 19 Oklahoma Council of Administrative Hearing Officials; 12 p.m.; Charles W. Chesnut, Miami Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Renée DeMoss, Tulsa Contact: Carolyn Guthrie (405) 271-1269 Ext. 56212 Gerald C. Dennis, Antlers Glenn A. Devoll, Enid OBA Women in Law Committee Meeting; 3:30 p.m.; Oklahoma Bar Steven Dobbs, Oklahoma City Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: O. Chris Meyers II, Lawton Deborah Bruce (405) 528-8625 Lou Ann Moudy, Henryetta D. Scott Pappas, Stillwater 20 OBA Leadership Academy; 8:30 a.m.; Oklahoma Bar Center, Oklahoma David A. Poarch Jr., Norman City; Contact: Heidi McComb (405) 416-7027 Ryland L. Rivas, Chickasha Susan S. Shields, Oklahoma City OBA Budget Public Hearing; 4 p.m.; Oklahoma Bar Center, Oklahoma Roy D. Tucker, Muskogee, City; Contact: Craig Combs (405) 416-7040 Chairperson, OBA/Young Lawyers Division 21 OBA Leadership Academy; 8:30 a.m.; Oklahoma Bar Center, Oklahoma BAR CENTER Staff City; Contact: Heidi McComb (405) 416-7027 John Morris Williams, Executive Director; Gina L. Hendryx, General Counsel; OBA Board of Governors Meeting; 9 a.m.; Oklahoma Bar Center, Donita Bourns Douglas, Director of Educational Oklahoma City; Contact: John Morris Williams (405) 416-7000 Programs; Carol A. Manning, Director of Communications; Craig D. Combs, Director of OBA Lawyers Helping Lawyers Assistance Program Training; Administration; Travis Pickens, Ethics Counsel; 11:30 a.m.; Oklahoma Bar Center, Oklahoma City with teleconference; Jim Calloway, Director of Management Assistance Contact: Tom Riesen (405) 843-8444 Program; Beverly Petry Lewis, Administrator MCLE Commission; Jane McConnell, Coordinator 22 OBA Young Lawyers Division Committee Meeting; 10 a.m.; Law-related Education; Loraine Dillinder Farabow, Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Debbie Maddox, Ted Rossier, Assistant General Contact: Roy Tucker (918) 684-6276 Counsels; Katherine Ogden, Staff Attorney, Tommy Butler, Sharon Orth, Dorothy Walos 24 OBA Alternative Dispute Resolution Section Meeting; 4 p.m.; and Krystal Willis, Investigators Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Manni Arzola, Debbie Brink, Stephanie Burke, Contact: D. Michael O’Neil Jr. (405) 239-2121 Brenda Card, Morgan Estes, Johnny Marie Floyd, Matt Gayle, Brandon Haynie, 25 OBA Bench & Bar Committee Meeting; 12 p.m.; Oklahoma Bar Suzi Hendrix, Misty Hill, Debra Jenkins, Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Amy Kelly, Jeff Kelton, Durrel Lattimore, Barbara Swinton (405) 713-7109 Debora Lowry, Heidi McComb, Renee Montgomery, Wanda Reece-Murray, Lori OBA Legal Intern Committee Meeting; 3 p.m.; Oklahoma Bar Rasmussen, Tracy Sanders, Mark Schneidewent, Center, Oklahoma City with teleconference; Contact: Candace Blalock Robbin Watson, Laura Willis & Roberta Yarbrough (405) 238-3486 EDITORIAL BOARD OBA Law-related Education Planning Subcommittee Meeting; Editor in Chief, John Morris Williams, News 4 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: (405) 416-7024 & Layout Editor, Carol A. Manning, Editor, Melissa DeLacerda, Stillwater, Associate Editors: 26 OBA Professionalism Committee Meeting; 4 p.m.; Oklahoma Bar Dietmar K. Caudle, Lawton; Judge Sheila Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Condren, Claremore; Sandee Coogan, Norman; Patricia Podolec (405) 760-3358 Emily Duensing, Tulsa; Erin L. Means, Enid; Pandee Ramirez, Okmulgee; Leslie D. Taylor, Oklahoma City; Joseph M. Vorndran, Shawnee; For more events go to www.okbar.org/calendar January Windrix, Poteau NOTICE of change of address (which must be The Oklahoma Bar Association’s official website: in writing and signed by the OBA member), www.okbar.org undeliverable copies, orders for subscriptions THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar or ads, news stories, articles and all mail items Association. All rights reserved. Copyright© 20082011 Oklahoma Bar Association. should be sent to the Oklahoma Bar Association, The design of the scales and the “Oklahoma Bar Association” encircling the P.O. Box 53036, Oklahoma City, OK 73152-3036. scales are trademarks of the Oklahoma Bar Association. Legal articles carried Oklahoma Bar Association (405) 416-7000 in THE OKLAHOMA BAR JOURNAL are selected by the Board of Editors. Toll Free (800) 522-8065 FAX (405) 416-7001 THE OKLAHOMA BAR JOURNAL (ISSN 0030-1655) IS PUBLISHED THREE TIMES Continuing Legal Education (405) 416-7006 A MONTH IN JANUARY, FEBRUARY, MARCH, APRIL, MAY, AUGUST, SEPTEM- Ethics Counsel (405) 416-7055 BER, October, NOVEMBER AND DECEMBER AND BIMONTHLY IN JUNE AND General Counsel (405) 416-7007 JULY. BY THE OKLAHOMA BAR Association, 1901 N. LINCOLN BOULEVARD, Law-related Education (405) 416-7005 OKLAHOMA CITY, OKLAHOMA 73105. PERIODICALS PostaGE PAID at OKLA- Lawyers Helping Lawyers (800) 364-7886 HOMA CITY, OK. POSTMASTER: SEND ADDRESS CHANGES to THE OKLAHOMA Mgmt. Assistance Program (405) 416-7008 BAR ASSOCIATION, P.O. BOX 53036, OKLAHOMA CITY, OK 73152-3036. SUBSCRIP- Mandatory CLE (405) 416-7009 TIONS ARE $55 PER YEAR EXCEPT FOR LAW STUDENTS REGISTERED WITH THE OBJ & Communications (405) 416-7004 OKLAHOMA BAR Association, WHO MAY SUBSCRIBE FOR $25. ACTIVE MEM- Board of Bar Examiners (405) 416-7075 BER SUBSCRIPTIONS ARE INCLUDED AS A Portion OF ANNUAL DUES. ANY Oklahoma Bar Foundation (405) 416-7070 OPINION EXPRESSED HEREIN IS that OF THE AUTHOR AND NOT NECESSAR- ILY that OF THE OKLAHOMA BAR Association, OR THE OKLAHOMA BAR JOURNAL BOARD OF EDitors. Vol. 82 — No. 27 — 10/15/2011 The Oklahoma Bar Journal 2379 2380 The Oklahoma Bar Journal Vol. 82 — No. 27 — 10/15/2011 OKLAHOMA BAR ASSOCIATION table of contents Oct. 15, 2011 • Vol. 82 • No. 27 page 2379 Events Calendar 2382 Index to Court Opinions 2384 Supreme Court Opinions 2423 OBA Annual Meeting 2441 Supreme Court Notice 2446 Committee Volunteer Sign Up Form 2447 Court of Civil Appeals Opinions 2480 Disposition of Cases Other Than by Publication Vol. 82 — No. 27 — 10/15/2011 The Oklahoma Bar Journal 2381 Index To Opinions Of Supreme Court 2011 OK 52 Marvin Gentry May, Appellant, v. The Oklahoma Bank and Trust Company, Trustee of The Homer E. May Testamentary Trust, Appellee. No. 107,707 ............................. 2384 2011 OK 84 STATE OF OKLAHOMA ex rel. OKLAHOMA BAR ASSOCIATION, Com- plainant, v. GEORGE L. MOTHERSHED, Respondent. O.B.A.D. No. 1526. S.C.B.D. No. 4687 .............................................................................................................................................. 2384 2011 OK 81 EVANS & ASSOCIATES UTILITY SERVICES, and ZURICH AMERICAN INSURANCE COMPANY, Petitioners, vs. RUBEN ESPINOSA and THE WORKERS’ COMPENSATION COURT, Respondents. No. 108,017 .............................................................. 2405 2011 OK 83 CITY OF TULSA; and KATHY TAYLOR, Mayor of the City of Tulsa, Plaintiffs/ Appellees, BANK OF OKLAHOMA, N.A., Defendant, vs. BANK OF OKLAHOMA, N.A.; MARILYN BLEDSOE; ROBERT P. SUTTON; CHERYL L. SUTTON; CYNTHIA L. SUTTON; NANCY DAVIS; MICHAEL E. STAGGS; REGINA A. STAGGS; ROBERTA L. DAVIS; DOUGLAS W. McLAIN; MICHAEL K. ASHLEY; LAURA MANTOOTH; and ARTHUR ADAMS, Defendant/Appellants. Case No. 109,449 ................................................. 2409 2011 OK 82 OKLAHOMA DEPARTMENT OF SECURITIES ex rel. IRVING L. FAUGHT, ADMINISTRATOR and DOUGLAS L. JACKSON, IN HIS CAPACITY AS THE COURT APPOINTED RECEIVER FOR THE INVESTORS AND CREDITORS OF SCHUBERT & ASSOC. AND FOR THE ASSETS OF MARSHA SCHUBERT, Plain- tiffs/Appellees, v. MARVIN LEE WILCOX and PAMELA JEAN WILCOX, Defen- dants/Appellants. No. 109,111 ........................................................................................................ 2417 Index To Opinions of Court of Civil Appeals 2011 OK CIV APP 72 Scott Sexton, Plaintiff/Appellant, vs. Kipp Reach Academy Charter School, Inc., a Corporation, Defendant/Appellee, and Tracy McDaniel, an Individual, and Does 1-10, inclusive, Defendant. Case No. 109,090 ............................................................. 2447 2011 OK CIV APP 94 National American Insurance Company, an Oklahoma corporation, Plaintiff/Appellee, vs. Gerlicher Company, LLC, an Oregon limited liability compa- ny; and OK Lakes, LLC, a Washington Limited Liability company, Defendants/ Appellants, and Pinion Construction, Inc., an Oklahoma corporation, Defendant. Case No. 108,114 ................................................................................................................................ 2447 2011 OK CIV APP 99 Richard Brown, Plaintiff/Appellant, vs. Oklahoma Farm Bureau Mutual Insurance Company and AG Security Insurance Company, Defendants/ Appellees. Case No. 108,726 ............................................................................................................ 2447 2011 OK CIV APP 101 HENRYETTA MEDICAL CENTER, Petitioner, vs. PEGGY L. ROBERTS, and THE WORKERS’ COMPENSATION COURT, Respondents. Case No. 107,634 ......................................................................................................................................... 2447 2011 OK CIV
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