Tinker Federal Credit Union v. AAAA Wrecker Service, Inc.

2016 OK CIV APP 38, 377 P.3d 153, 2015 Okla. Civ. App. LEXIS 128, 2015 WL 11116922
CourtCourt of Civil Appeals of Oklahoma
DecidedOctober 30, 2015
DocketCase No. 113,200
StatusPublished

This text of 2016 OK CIV APP 38 (Tinker Federal Credit Union v. AAAA Wrecker Service, Inc.) 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
Tinker Federal Credit Union v. AAAA Wrecker Service, Inc., 2016 OK CIV APP 38, 377 P.3d 153, 2015 Okla. Civ. App. LEXIS 128, 2015 WL 11116922 (Okla. Ct. App. 2015).

Opinion

Opinion by

Wm. C. Hetherington, Jr., Chief Judge:

T1 AAAA Wrecker (Wrecker) appeals the denial of its motions for new trial, for summary judgment, and for settlement of the journal entry and enlargement of time. The trial court entered the judgment in favor of Tinker Federal Credit Union (TFPCU) following summary proceedings.1 In that judgment, the trial court found that Wrecker's posses-sory lien was governed by 42 0.8.Supp.2008 § 91 rather than 42 O.8.Supp.2008 § 91A, and that TFCU's lien had superior priority. The trial court erred by applying § 91 rather than § 914, Consequently, the judgment was based on an error of law. It is reversed. Wrecker was entitled to judgment on its motions for summary judgment and for new trial, both of which raised the applicability of § 91A, The case is remanded for entry of an order consistent with this opinion.

STANDARD OF REVIEW

$2 Summary judgment is proper when there are no material facts in dispute. Indiana National Bank v. State Department of Human Services, 1993 OK 101, ¶ 10, 857 P.2d 53, 59. A court may look beyond the pleadings at evidentiary materials to decide whether there are any material facts disputed which remain for resolution by the trier, Id. "The court may not weigh the evidence, but may only review the evidence to determine whether there is a factual dispute." Id.; Stuckey v. Young Exploration Co., 1978 OK 128, ¶ 15, 586 P.2d 726, 730. "All inferences must be taken in favor of the opposing party. Manora v. Watts Regulator Co., [1989 OK 152, ¶ 9,] 784 P.2d 1056 (Okla.1989)." Seitsinger v. Dockum Pontiac Inc., 1995 OK 29, ¶ 7, 894 P.2d 1077, 1079. If reasonable people could differ as to the facts, the matter is not proper for summary judgment. Indiana Notional Bank, ¶ 10, p. 59. A trial court considers factual matters when determining if summary judgment is appropriate, but because the ultimate decision turns on the purely legal determination, i.e., whether one party is entitled to judgment as a matter of law, the appellate standard of review of a trial court's grant of summary judgment is de novo. Carmichael v. Beller, 1996 OK 48, ¶ 2, 914 P.2d 1051, 1053.

13 We review a denial of a motion for new trial for abuse of discretion. Head v. [155]*155McCracken, 2004 OK 84, ¶ 2, 102 P.3d 670, 673. However, when the trial court's exercise of such discretion rests on the propriety of an underlying grant of summary judgment, "the abuse-of-discretion question is settled by our de novo review of the summary adjudication's correctness." Reeds v. Walker, 2006 OK 43, ¶ 9, 157 P.3d 100, 116. Judicial discretion is abused when .a trial court errs with respect to a pure, unmixed question of law. Id. "Unless the court either clearly erred in resolving a 'pure simple question of law' or acted arbitrarily, we will not disturb its refusal to grant a new trial." Ward v. State ex rel. Dept. of Public Safety, 2006 OK CIV APP 1, ¶ 10, 127 P.3d 648, 644 (c1tat10n omitted).

FACTS

14 On March 28, 2018, Martin Remmers (Remmers) and Ashley Hurt (Hurt) purchased a 2011 Dodge Charger (the Charger) from Bob Howard Dodge. They traded in a 2006 Saturn and financed the balance of the purchase with TFCU. On May 10, 2018, while Hurt was driving the Charger, the vehicle was involved in. an accident. Wrecker towed it away and stored it.

"[ 5 On August 2, 2018, Wrecker executed a Notice of Sale in which it named Remmers, Hurt, and TFCU as potentially interested parties. The Notice of Sale itemized the charges in a section of the notice entitled "DETAIL OF SERVICE(S) PROVIDED" as "Tow Charge $271.90 Storage Fee $1728 TAX $144.72 Processing Fee$ 20.76 TOTAL $2165.37" (capitalization and spacing in original). The notice stated "Storage of Possession" was for the period May 10, 2018, to August 18, 2018, at a charge of $18 00 per day.

T6 TFCU filed a Petition on August 9, 2018, which named Wrecker, Remmers, and Hurt as parties, alleged non-payment of a $27,796.50 promissory note, and- sought re-plevin of the Charger from Wrecker, TFCU alleged Wrecker took possession on or about May 10, 2018, any lien it may have was subordinate to TFCU's lien due to Wrecker's failure "to comply with Oklahoma law," and that "Wrecker's actions are a trespass to chattel" or, in the alternative, conversion. TFCU estimated the Charger's value as $19,975.00 and that the balance due as of August.6, 2018, from Remmers and Hurt was $81,047.44 plus $2.7283 per day in interest. Wrecker filed its answer to TFCU's Petition on September 8, 2018, in which it asserted, inter alia, that it held a valid superior pos-sessory lien.

17 Wrecker filed a Motion for Summary Judgment on January 6, 2014. In its motion, Wrecker claimed its possessory lien was controlled by 42 0.8.8upp.2008 § 91A and it was actmg in its capacity as a wrecker operator at the time it towed the Charger from near the intersection of the Broadway Extension and N. 122nd Street. Wrecker denied it was required to comply with 42 O0.8.8upp.2008 § 91. Wrecker contended the Oklahoma Administrative Code (OAC) prohibited any towing or wrecking operator from operating a wrecker on public streets unless licensed, citing OAC 595:25-3-1(1)2 According to Wrecker, it received a request for a tow from the Oklshoma City Police Department on May 10, 2018, it towed the Charger to Hurt's residence so she could unload perishable groceries in 'the accident-damaged vehicle, and then towed the Charger to its current location in its lot: Wrecker stated TFCU applied for a temporary restraining order and injunetion to prevent sale of the Charger, but the order granting the same never became effective due to TFCU's "failure to comply with the bond-posting requirements of title 12; section 1892 of the Oklahoma Statutes." Among the exhibits attached to Wrecker's motion are copies of. its Class AA license, a dispatch report generated by Wrecker show[156]*156ing the customer name as "OCPD OR," Wrecker's DPS #51574 form signed by Hurt,3 and an affidavit from its Operations Manager which stated that "on May 10, 2018, [Wrecker] received a request by the Oklahoma City Police Department to report to the seene of an accident and provide towing services" for the Charger, that it was towed to and is stored at Wrecker's offices, and Wrecker had not been compensated for towing or storage.

' 18 On January 24, 2014, TFCU filed a combined response to Wrecker's motion and a counter-motion for summary judgment. TFCU contended Wrecker's claim it may not operate without a Class AA license was "not supported: by evidentiary material" required by court rules and was "nothing more than an unsupported, and incorrect, legal conclusion," TFCU dld not, dispute that Wrecker was called to the accident scene by Oklahoma City Police, but it disputed Wrecker's claim it was acting in its capacity as a Class AA wrecker operator because it claimed the Charger was:towed at Hurt's request, not law enforcement's request.4 In support of this assertion, TFCU attached as an exhibit a Department of Public Safety Report of Stored Vehicle Wrecker Services Division form which listed three reasons for impoundment: "By owner's request," "For law enforcement" or "From private property." The form indicated the Charger was impounded "By owner's request." Consequently, TFCU reasoned, § 91A did not apply, § 91 .did apply, and its lien had priority because Wreeker did not comply with § 91.

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Related

Indiana National Bank v. State Department of Human Services
857 P.2d 53 (Supreme Court of Oklahoma, 1993)
Seitsinger v. Dockum Pontiac Inc.
1995 OK 29 (Supreme Court of Oklahoma, 1995)
Carmichael v. Beller
1996 OK 48 (Supreme Court of Oklahoma, 1996)
Matter of Estate of Little Bear
1995 OK 134 (Supreme Court of Oklahoma, 1995)
Stuckey v. Young Exploration Co.
1978 OK 128 (Supreme Court of Oklahoma, 1978)
Manora v. Watts Regulator Co.
1989 OK 152 (Supreme Court of Oklahoma, 1989)
Hollytex Carpet Mills, Inc. v. Hinkle
1991 OK CIV APP 43 (Court of Civil Appeals of Oklahoma, 1991)
Poff v. Oklahoma Farmers Union Mutual Insurance Co.
2006 OK CIV APP 3 (Court of Civil Appeals of Oklahoma, 2005)
Ward v. STATE EX REL. DEPARTMENT OF PUBLIC SAFETY
2006 OK CIV APP 1 (Court of Civil Appeals of Oklahoma, 2006)
St. John Medical Center v. Bilby
2007 OK 37 (Supreme Court of Oklahoma, 2007)
Davis v. Southwestern Bell Telephone
2006 OK 48 (Supreme Court of Oklahoma, 2006)
Keating v. Edmondson
2001 OK 110 (Supreme Court of Oklahoma, 2001)
Head v. McCracken
2004 OK 84 (Supreme Court of Oklahoma, 2004)
Tulsa County Budget Board v. Tulsa County Excise Board
2003 OK 103 (Supreme Court of Oklahoma, 2003)
Reeds v. Walker
2006 OK 43 (Supreme Court of Oklahoma, 2006)
State Ex Rel. Department of Transportation v. Little
2004 OK 74 (Supreme Court of Oklahoma, 2004)
Magnolia Pipe Line Co. v. Oklahoma Tax Commission
1946 OK 113 (Supreme Court of Oklahoma, 1946)
State ex rel. Oklahoma State Department of Health v. Robertson
2006 OK 99 (Supreme Court of Oklahoma, 2006)

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Bluebook (online)
2016 OK CIV APP 38, 377 P.3d 153, 2015 Okla. Civ. App. LEXIS 128, 2015 WL 11116922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tinker-federal-credit-union-v-aaaa-wrecker-service-inc-oklacivapp-2015.