FLANDERMEYER v. BONNER, 2006 OK 87, ___ P.3d ___

Flandermeyer v. Bonner, 2006 OK 87

DICTA: Segmented Trial Settings may create Due Process problems.

"¶0 The Real Party in Interest, Tracy Flandermeyer (wife) initiated divorce proceedings against the Petitioner, Douglas Flandermeyer (husband). The trial, which was anticipated to take a day, was instead held over the course of a year. At the last scheduled hearing, the husband moved for a mistrial and requested a new trial, insisting that the piecemeal hearing process violated his due process rights guaranteed by the Okla. Const. art 2, §7 and the right to a speedy and certain remedy provided by the Okla. Const. art 2, §6. The trial court denied the request and the husband filed an application for extraordinary relief with this Court. We determine that conducting a trial in a serial fashion implicates fundamental fairness, due process, and the right to a speedy and certain remedy. However, under the facts presented, because it appears that the delays were more attributable to the actions of the petitioner than those of the trial court, the application to assume original jurisdiction and the petition for writ of prohibition and/or mandamus is denied. "

BARTLETT v. BARTLETT, 2006 OK CIV APP 112, ___ P.3d ___

Bartlett v. Bartlett, 2006 OK CIV APP 112

"¶1 Defendant/Appellant S. Bartlett (Wife) appeals from the Decree of Divorce as well as other court orders in this dissolution proceeding filed by Plaintiff/Appellee D. Bartlett (Husband). We hold that the trial court erred in finding that Husband rebutted the presumption of a gift which arose when Husband placed the marital residence and six other properties in joint tenancy with Wife; we therefore reverse that part of the Decree. As to Wife's remaining claims, we find the trial court did not abuse its discretion and the relevant provisions in the Decree are not against the clear weight of the evidence. We therefore affirm the Decree in all respects except the finding that Husband had rebutted the presumption of a gift as to certain properties. We remand for determination whether the properties, which became marital property when Husband conveyed them to joint tenancy with Wife, remained marital property or whether the parties converted those marital assets to separate property when they conveyed them to Husband's and Wife's revocable trusts. "