BOWMAN v. PRESLEY, 105727, 2009 OK 48, ___ P.3d ___

¶0 Buyers of a home, claiming the amount of square footage of the house they had recently purchased had been misrepresented to them, brought an action against the sellers of the house, the real estate broker, and the real estate sales associate. The buyers sought damages, alleging fraud on the part of all defendants along with violation of the Oklahoma Real Estate License Code by the broker and sales associate. Upon motions by defendants' counsel, the District Court, Pottawatomie County, Douglas L. Combs, Judge, gave summary judgment to the defendants. The Court of Civil Appeals, Division I, affirmed that disposition. On certiorari granted upon plaintiff's petition,

MILLER v. DAVID GRACE, INC., 104313, 2009 OK 49, ___ P.3d ___

¶0 Tenant instituted a negligent maintenance and construction action against landlord and contractor respectively, for personal injuries sustained when tenant fell from her second story balcony after the balcony railing collapsed. The District Judge of Oklahoma County, Honorable Patricia G. Parrish, granted summary judgment in favor of landlord and contractor. The Court of Civil Appeals affirmed the trial court's ruling as to landlord based on the holdings in Godbey v. Barton , 1939 OK 19 , 86 P.2d 621 , Alfe v. New York Life Ins. Co. , 1937 OK 243 , 67 P.2d 947 , and similar cases premised on the common law rule of landlord tort immunity; but reversed as to contractor.

BLUE v. BOARD OF TRUSTEES OF EMPLOYEES' RETIREMENT SYSTEM, 104967, 2009 OK 50, ___ P.3d ___

¶0 Appellee, Steven R. Blue, filed an action seeking a writ of mandamus requiring the Board of Trustees of Employees Retirement System of Tulsa County (ERSTC) to implement, pursuant to 19 O.S.Supp.2003, § 956.3 , the transfer of his years of service credit from the state retirement system. The trial court issued the writ, directing ERSTC to comply with the statute. ERSTC appealed. The Court of Civil Appeals, Division IV, reversed the trial court's issuance of the writ finding § 956.3 to be an unconstitutional special law.

GRIFFITH v. CHOCTAW CASINO OF POCOLA, 104887, 2009 OK 51, ___ P.3d ___

¶0 Dorothy Griffith filed a petition in the state district court against the Choctaw Nation and its casino in Pocola, Oklahoma, to recover tort damages. The Choctaw Nation moved to dismiss on the basis of tribal sovereign immunity. The district court dismissed the petition. Griffith appealed. We retained the appeal to address an issue of statewide importance: Whether the state district court is a "court of competent jurisdiction" as that phrase is used in the statutory class III gaming compact, 3A O.S.Supp.2004, § 281 , offered to federally recognized Indian tribes in Oklahoma.

DYE v. CHOCTAW CASINO OF POCOLA, 104737, 2009 OK 52, ___ P.3d ___

¶0 Danny and Pat Dye filed a petition in the state district court against the Choctaw Nation and its casino in Pocola, Oklahoma, to recover tort damages. The Choctaw Nation moved to dismiss on the basis of tribal sovereign immunity. The district court dismissed the petition. The Dyes appealed. The Court of Civil Appeals reversed and remanded the cause. We granted the Choctaw Nation's petition for certiorari review.

COULTER v. FIRST AMERICAN RESOURCES, L.L.C., 106206, 2009 OK 53, ___ P.3d ___

¶0 Law firm and associated lawyers brought this action in the District Court of Tulsa County seeking declaratory and injunctive relief to enjoin a former client from asserting claims arising from their retainer agreement in arbitration in New York. The trial court, Honorable Mary F. Fitzgerald, dismissed the petition and the Court of Civil Appeals affirmed.

NICHOLS v. NICHOLS, 103950, 2009 OK 43, ___ P.3d ___

¶0 In post-divorce proceedings a law firm seeks an adjudication of its interest in a counsel-fee award the trial court made payable to the former client. The District Court, Tulsa County, Russell P. Hass, Judge, declared the law firm has a lien upon the award. The Court of Civil Appeals reversed that disposition. On certiorari granted upon the law firm's petition,

IN THE MATTER OF THE GUARDIANSHIP OF C.D.A., 105821, 2009 OK 47, ___ P.3d ___

¶1 In this matter, certiorari is granted to review an opinion of the Court of Civil Appeals. The opinion reversed the trial court's refusal to terminate the temporary guardianship of a minor child.

SILLJER v. MEGA LIFE AND HEALTH INSURANCE CO., 106425, 2009 OK 44, ___ P.3d ___

¶1 In this matter, THE COURT FINDS, from a review of the record and briefs submitted, that this Court's recent decision in Summers v. Zurich American Insurance Co. , 2009 OK 33 (rehearing denied June 22, 2009), is dispositive of the issues presented. Rule 1.201 of the Oklahoma Supreme Court Rules provides that "[i]n any case in which it appears that a prior controlling appellate decision is dispositive of the appeal, the court may summarily affirm or reverse, citing in its order of summary disposition this rule and the controlling decision." Okla. Stat. tit. 12, ch. 15. app. 1 (2001).

SHADDON v. EXPRESS PERSONNEL SERVICES, 106445, 2009 OK 45, ___ P.3d ___

¶1 In this matter, THE COURT FINDS, from a review of the record and briefs submitted, that this Court's recent decision in Summers v. Zurich American Insurance Co. , 2009 OK 33 (rehearing denied June 22, 2009), is dispositive of the issues presented. Rule 1.201 of the Oklahoma Supreme Court Rules provides that "[i]n any case in which it appears that a prior controlling appellate decision is dispositive of the appeal, the court may summarily affirm or reverse, citing in its order of summary disposition this rule and the controlling decision." Okla. Stat. tit. 12, ch. 15. app. 1 (2001).