of the District Court of Bryan County, Hon. Mark R. Campbell, Trial Judge. The trial court petitioner, Lauren Amanda Wiseman (Mother), appeals an order granting custody of the parties’ daughter, J.L.D., to the respondent, Nathan Ray Densmore (Father). In this appeal, only Mother has filed a brief. When the appellee does not file an answer brief, this Court must consider, without searching the record, whether the appellant’s brief sustains the allegations made in the petition in error. If it does so, the judgment of the trial court will be reversed and the cause remanded. However, if the appellant’s brief does not support the allegations of error, the trial court’s disposition will be affirmed. This Court finds that Mother’s brief reasonably supports her allegations of error. Therefore, the judgment of the trial court is reversed and the cause is remanded to the trial court with instructions to award custody of J.L.D. to Mother, with such conditions as the court may deem appropriate, and to determine Father’s visitation and Father’s child support obligation. REVERSED AND REMANDED WITH INSTRUCTIONS. Opinion from Court of Civil Appeals, Division IV, by Rapp, J.; Goodman, Acting P.J., and Fischer, J., concur. Thursday, February 4, 2010 106,399 — Dianna Rahi, Plaintiff/Appellee v. J.R. Miller, d/b/a Miller Painting, Defendant/ Appellant. Appeal from the September 11, 2008, order of the District Court of Pawnee County, Hon. Matthew D. Henry, Trial Judge, denying J.R. Miller, d/b/a Miller Painting’s request for a new trial or to vacate an earlier default judgment in favor of Plaintiff. The motion to vacate the default judgment was the second such request. The first motion was denied September 19, 2007, appealed separately, and resolved in a separate opinion filed this day in companion Case Number 106,404. We hold that under the facts of this case, although our court rules do not require notice before default judgment is rendered, due process does. REVERSED AND REMANDED. Opinion from the Court of Civil Appeals, Division IV, by Goodman, J.; Gabbard, P.J., and Rapp, J., concur. Friday, February 5, 2010 107,149 — Jimmy Baker, Petitioner, v. Darr Equipment Co., and Continental Casualty Co., Insurance Carrier, Respondents. Claimant Jimmy Baker seeks review of an order of the Workers’ Compensation Court, Hon. Michael J. Harkey, Trial Judge, dismissing his compensa848
tion claim for lack of prosecution, after a finding that more than three years had elapsed during which no request for a hearing was filed or movement toward finality was discernable, and as such dismissal was mandatory. We sustain. SUSTAINED. Opinion from the Court of Civil Appeals, Division IV, by Goodman, J.; Gabbard, P.J., and Rapp, J., concur. Tuesday, February 9, 2010 107,368 — Julie Ann Morris, Plaintiff/Appellant, vs. City of Oklahoma City, City Airport Trust, Atlantic Coast Airlines, and United Airlines, Inc. Appeal from Order of the District Court of Oklahoma County, Hon. Daniel L. Owens, Trial Judge, dismissing with prejudice Plaintiff’s negligence action against Defendants for failing to serve summons within 180 days after filing, and for failure to diligently prosecute. The record reflects that Plaintiff’s suit was based upon an event which occurred in 2003, almost six years before this suit was filed. Plaintiff filed her original suit in 2005, but the suit was dismissed in 2008 after no service of process was effected. She refiled in 2008, and failed to make effective service of process within 180 days as required by statute. The trial court did not abuse its discretion in granting Defendants’ motion for dismissal pursuant to 12 O.S. Supp. 2008 § 2004(I) and District Court Rule 9. Any error in entering the dismissal “with prejudice” was harmless. AFFIRMED. Opinion from Court of Civil Appeals, Division IV, by Gabbard, P.J.; Rapp, J., and Goodman, J. (sitting by designation), concur. 107,243 — In the Matter of Children E.L.H., E.A.H., and E.J.H., alleged deprived children. LaShauna Hamilton, Appellant, vs. State of Oklahoma, Appellee. Appeal from Order of the District Court of Carter County, Hon. Thomas S. Walker, Trial Judge, terminating Mother’s parental rights to her three children on grounds that she failed to correct the conditions leading to the children’s adjudication as deprived, and that termination was in the children’s best interests. The record contains clear and convincing evidence supporting termination. Such evidence also supports the court’s conclusion that Mother had chronically used drugs and resisted treatment for more than three years, and its implicit conclusion that efforts to reunify Mother and her youngest child were unnecessary, per former statutory provisions 10 O.S. Supp. 2008 §§ 7003-5.5(F)(2) and 7003-4.6(13). AFFIRMED. Opinion from Court of Civil
The Oklahoma Bar Journal
Vol. 81 — No. 9 — 3/27/2010