Calvert v. Swinford

382 P.3d 1039

2016 OK 104

Lisa D. Calvert and Teresa Roper, Plaintiffs,

v.Wayland Guy Swinford and Dawn Elynn Swinford; Nocona L. Carter, and Brian L. Carter, Roger D. Warden and Susan Warden, Brandon Vaughn and Serra Vaughn, First National Bank, Jeremy D. Woods, Christy S. Woods, Black Bear Creek Energy Company, LLC., Route 66 Minerals, L.P., Sundown Energy, L.P. and Highmount Exploration & Production, LLC., Defendants,andLisa D. Calvert and Teresa Roper, Plaintiffs/Appellants,

v.MKB Royalty Corporation, Randee Koger, and Bremyer & Wise, LLC., Defendants,andRandee Koger, and Wise & Reber, LLC., Defendants/Appellees.

No. 115,015

Supreme Court of Oklahoma.

FILED OCTOBER 11, 2016

David R. Cordell, Hayley N. Stephens, Tulsa, Oklahoma, for Plaintiffs/Appellants.

Clinton D. Whitworth, Brandon P. Wilson, Oklahoma City, Oklahoma, for Defendants/Appellees.

KAUGER, J.:

¶ 1 We retained this cause to address the dispositive issue of whether the statute of limitations for an action brought by a grantor begins to accrue when a deed is filed with the county clerk. We hold that it does pursuant our decision in 114,957, Calvert v. Swinford, 2016 OK 100, 382 P.3d 1028.

FACTS

¶ 2 The facts of this cause are the same as our recent decision in No. 114,957, Calvert v. Swinford, 2016 OK 100, 382 P.3d 1028. However, this cause concerns the summary judgment which was granted in favor of Randee Kroger, the Kansas attorney who handled the property transactions, and his McPherson, Kansas, law firm, Bremyer & Wise. On April 25, 2016, the court filed an order granting summary judgment to the lawyer and law firm, also determining that the deeds previously described in No, 114,957, gave the grantors constructive notice of any alleged mistake when they were filed of public record. Consequently, any claims of reformation and/or negligence were precluded by the long expired statute of limitations for either claim. The trial court also directed the filing of a final journal entry of judgment pursuant to 12 O.S. 2011 994(a).¹

¶ 3 On May 20, 2016, the grantors appealed, arguing that summary judgment was premature because fact questions exist as to whether the statute of limitations had run. On appeal, the lawyer and law firm raise the same arguments which were raised in No. 114,597. We retained this cause on June 7, 2016, to address same statute of limitation issue. We hold that this cause is governed by our recent holding in No. 114,957, Calvert v. Swinford, 2016 OK 100, 382 P.3d 1028 and that holding is dispositive. The statute of limitations for a negligence action brought by a grantor begins to accrue when the deed, which allegedly neglected to reserve mineral interests, is filed with the county clerk.

MOTION TO RETAIN PREVIOUSLY GRANTED; TRIAL COURT AFFIRMED.

KAUGER, WATT, WINCHESTER, EDMONDSON, TAYLOR, COLBERT, GURICH, JJ., concur.

COMBS, V.C.J., not participating.

REIF, C.J., not voting.

1 Title 12 O.S. 2011 994(a) provides:

A. An appeal to the

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