Sorrels v. Tech

2011 OK CIV APP 107, 266 P.3d 653, 2011 Okla. Civ. App. LEXIS 94, 2011 WL 4625369
CourtCourt of Civil Appeals of Oklahoma
DecidedJune 3, 2011
DocketNo. 108,624
StatusPublished

This text of 2011 OK CIV APP 107 (Sorrels v. Tech) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sorrels v. Tech, 2011 OK CIV APP 107, 266 P.3d 653, 2011 Okla. Civ. App. LEXIS 94, 2011 WL 4625369 (Okla. Ct. App. 2011).

Opinion

JOHN F. FISCHER, Vice Chief Judge.

{1 Plaintiff Sherry Lee Sorrels appeals the district court's order granting defendant Janis Tech's ! motion for summary judgment. The appeal has been assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.86(b), 12 0.8. Supp.2009, ch. 15, app. 1, and the matter stands submitted without appellate briefing. Because it is undisputed that Sorrels signed an agreement assuming responsibility for obtaining insurance coverage on certain real property, she cannot maintain an action against Janis Tech related to that subject, and the judgment of the district court is affirmed.

BACKGROUND

T2 Sorrels is the daughter and one of three children of Fred Tech, who died in 2003. Janis and Fred Tech were married at the time of his death. Pursuant to the Fred Tech Trust, Sorrels is the distributee of approximately 140 acres and improvements thereon previously owned by her father, the SW 4 of Section 8, Township 14 North, Range 9 West, in Canadian County, Oklahoma (the Property). However, paragraph 4.1 of the trust instrument provided that not more than five acres of the Property, including Fred Tech's former residence, would be subject to Janis Tech's "rights to occupy such residence" and "to continue to reside in such residence so long as she desires, provided, she shall be responsible for the expenses of normal upkeep and maintenance of the residence" until her abandonment of the residence or death,. The same paragraph allocated payment of the ad valorem taxes on the Property to Sorrels.

13 From the record, it appears that there was controversy involved in settling Fred Tech's estate and distributing the property subject to the Fred Tech Trust. Primarily, this controversy appears to have involved Sorrels and her two brothers, each of whom also received a distribution of real property pursuant to the Trust. During this controversy, the trustee executed a quit claim deed in favor of Janis Tech conveying her interest in the residence. The parties to the deed were the trustee on behalf of the Trust and Janis Tech. That deed provided that on her death or abandonment of the residence, all of Janis Tech's rights in the Property would terminate and that Sorrels would then "hold [655]*655and own such property free and clear of any claim to use or benefit thereof" by Janis Tech. The deed also contains the following language: "Party of the Second Part [Janis Tech] during the time she occupies and uses said premises shall be responsible for the expense of normal upkeep and maintenance of the residence, however, the distributee [Sorrels] ... shall be responsible for payment of ad valorem taxes on the property with the Party of the Second Part and the distributee to each be responsible for insuring their respective interest in the premises and the improvements thereon." The deed is dated July 23, 2008, and was recorded with the Canadian County Clerk two days later.

T4 Ultimately, the parties were able to resolve their differences and executed an Agreement dated May 19, 2004. The Agreement incorporated the terms of the quit claim deed. Sorrels, her two brothers and Janis Tech are the signatories to the Agreement, which recites that its purpose is to memorialize these parties' agreement "with respect to distribution of assets of the Fred Tech Trust and termination (winding up of the affairs) of said Trust." Ten days later, a tornado destroyed the residence.

T5 During the time that she occupied the residence, Janis Tech maintained the insurance policy in effect at Fred Tech's death. The proceeds of the insurance policy in effect at the time the residence was destroyed were paid to Janis Tech. Subsequent to the May 29 tornado, Janis Tech abandoned the residence and disclaimed any further interest in the Property. Sorrels maintained a successful action to quiet title to the Property distributed to her pursuant to the Fred Tech Trust.2 In that action, Sorrels also sought to recover the insurance proceeds paid to Janis Tech and the difference between that amount and the actual value of the residence and related buildings. As to this claim, Janis Tech filed a motion for summary judgment. The order sustaining that motion is the subject of this appeal.

STANDARD OF REVIEW

T6 Rule 13 of the Rules for District Courts of Oklahoma, 12 O.S. Supp.2009, ch. 2, app., governs the procedure for summary judgment in the district court,. We review the district court's grant of summary judgment de novo. Carmichael v. Beller, 1996 OK 48, ¶ 2, 914 P.2d 1051, 1053. On review, we examine the pleadings and evidentiary materials submitted by the parties to determine whether there exists a genuine issue of material fact. Id. This Court bears "an affirmative duty to test all evidentiary material tendered in summary process for its legal sufficiency to support the relief sought by the movant." Copeland v. The Lodge Enters., Inc., 2000 OK 36, ¶ 8, 4 P.3d 695, 699. "Only if the court should conclude that there is no material fact in dispute and the law favors the movant's claim or liability-defeating defense is the moving party entitled to summary judgment in its favor." Id.

ANALYSIS

T7 The summary judgment pleadings establish the following undisputed facts material to Janis Tech's motion for summary judgment:

1. Pursuant to the Fred Tech Trust, Sorrels became the owner of the Property subject to Janis Tech's right to occupy the residence until her death or abandonment of the residence on the death of Fred Tech.
Fred Tech died on March 18, 20083.
On July 23, 2008, the trustee of the Fred Tech Trust executed a quit claim deed conveying to Janis Tech her interest in the Property pursuant to the terms of the Trust.
4. The quit claim deed was properly recorded with the Canadian County Clerk on July 25, 2008.
5. The quit claim deed provided that Janis Tech and Sorrels would "each be responsible for insuring their respective interest in the [Property] and the improvements thereon."
6. After various disputes regarding distribution of the Trust assets, Janis Tech, [656]*656Sorrels and the other Trust distribu-tees signed an Agreement dated May 19, 2004, providing for the distribution of Trust assets.
7. The Agreement incorporated the terms and conditions of the quit claim deed.
8. The Agreement distributed the Property to Sorrels "subject to the terms and conditions of Section 4.1 ... of the Fred Tech Trust, and all provisions of the Quit Claim Deed" to Janis Tech.
9. One term of the quit claim deed required Sorrels to be responsible for insuring her interest in the "premises and the improvements" covered by the deed.
10. Janis Tech maintained an insurance policy on the residence covered by the quit claim deed.
11. Sorrels did not insure her interest in the Property.
12, The residence and related buildings located on the Property were destroyed by a tornado on May 29, 2004.
18. Janis Tech did not represent to Sorrels that she had obtained full coverage insurance on the residence and related buildings.

I. The Quit Claim Deed

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Related

Beatty v. Miley
1951 OK 184 (Supreme Court of Oklahoma, 1951)
Carmichael v. Beller
1996 OK 48 (Supreme Court of Oklahoma, 1996)
Girdner v. Girdner
1959 OK 50 (Supreme Court of Oklahoma, 1959)
Copeland v. Lodge Enterprises, Inc.
2000 OK 36 (Supreme Court of Oklahoma, 2000)
Helm v. Belvin
1924 OK 628 (Supreme Court of Oklahoma, 1924)
Nieman & Northcutt v. Mains
1940 OK 478 (Supreme Court of Oklahoma, 1940)
Kemp v. Turnbull
1946 OK 277 (Supreme Court of Oklahoma, 1946)
Berry v. Cooley
1940 OK 473 (Supreme Court of Oklahoma, 1940)
Lohmann v. Adams
1975 OK 86 (Supreme Court of Oklahoma, 1975)
Lowe v. Cloud
45 Ga. 481 (Supreme Court of Georgia, 1872)
Bradford v. Culbreth
18 A.2d 143 (Supreme Court of Delaware, 1941)
Conger v. Lowe
9 L.R.A. 165 (Indiana Supreme Court, 1890)

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Bluebook (online)
2011 OK CIV APP 107, 266 P.3d 653, 2011 Okla. Civ. App. LEXIS 94, 2011 WL 4625369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sorrels-v-tech-oklacivapp-2011.