On February 17, 2022 a
Complaint,Petition
was filed
involving a dispute between
Avenue East Apartments Llc,
and
Latham, Charlene,
in the District Court of Payne County.
Preview
#1052130824%
IN THE SUPREME COURT OF THE STATE OF OKLAHOMA — |
fr.
FILED
CHARLENE LATHAM, Appellant-Tenant Appellate Case No:
MAY -
Appellate Court Judge: mY -3 2022
Vv
AVENUE EAST APARTMENTS, LLC
d/b/a ALIGHT-STILLWATER, Respondent-
Landlord
LORI ALLEN, COURTICLER:
District Court Case on Appeal:" COURTICLERK
ff
Case No. SC-2022-13
District Court Order signed by
Judge: K. THOMAS
Judge: P. CORLEY
PETITION IN ERROR
BEFORE THE SUPREME COURT OF OKLAHOMA is Charlene Latham, Appealing a default judgment
for Petition for Forcible Entry & Detainer/Eviction entered against her in the Payne County District (Order
signed by Katherine Thomas). A Post-trial Motion Recusal of Thomas Denial Order was not published by
Phillip Corley. Appellant Motions this Court for Emergency Relief: Stay of Eviction through separate motion
filed alongside this Petition in Error.
This is an Original Petition in Error.
COURT: Payne County District Court; 9™ District of Oklahoma
COUNTY: Payne County
CASE NO: SC-2022-131 Petition for Forcible Entry & Detainer/Eviction
JUDGE: Katherine E. Thomas (default judgment);
Phillip Corley (denied Post-Trial Motion for Thomas’ Recusal & administrative
action to vacate judgment )
Nature of the Case:
e February 17 2022 the Landlord (Ave E Apts.) filed a Petition for Forcible Entry & Detainer/Eviction in
the District Court demanding repossession of 800 E. Hall of Fame Ave Stillwater OK #1417, 75705 by
alleging the Appellant (the tenant) had criminally trespassed & had no legal right to the apartment.
Page 1 of 6The Appellant, Charlene Latham, submitted Exhibits A- K in the District Court record showing that she
had applied & been approved for residency with the property, leased & paid for the apartment directly
with the property managers since January 2022.
Due to circumstances out of Ms. Latham’s control including disability, April 6 2022 Ms. Latham
arrived late to the 9am docket hearing in Payne County District Court.
Ms. Latham did make the Court aware that her car was disabled & she was arriving by car service
expeditiously; she was informed by the court they would hear the case during the 10am docket.
The District Court then entered default judgment for the landlord during the 9am docket and refused to
hear the case on the 10am docket April 6 2022.
Ms. Latham brings this Petition for Error & is asking for Emergency Relief by Stay of Eviction.
Default Judgment granted the Landlord Forcible Entry & Detainer/Eviction in Error & the lower court
denied administrative relief & Judicial Recusal in the District Court May 5" 2022.
This is an appeal from default judgment taken in error of the court that resulted in the Appellant asking
for Thomas to recuse for entering default judgment in error & abusively where a personal interest/bias is
held by Thomas regarding the outcome of the case.
There are no lawful grounds for eviction & the Plaintiff failed to state any cause for which eviction relief
could be granted before default judgment was taken. The eviction petition appears to be filed simply
to harass, extort & defame the Appellant- Tenant.
The court granted default judgment to the Landlord for repossession of the apartment on the same day
the Landlord motioned for default judgment. No notice of the motion or hearing for it was filed or
served properly upon the parties before case disposition in favor of the movant for default judgment
pursuant to Schweigert OK.Sup.Ct. 2015 Ruling & Rule 9 of the Payne County District Court Rules.
During post-trial, Corley denied the post-trial motion to vacate & held that OS Title 12 Rule 10’s
exceptions established in Ok.Sup.Ct. 2013 ruling overruled Schweigert decided in 2015 & refused to
disqualify Thomas citing lack of cause.
Thomas’ judgment is in question on the Motion for New Trial pending in the District Court citing error
in Thomas’ judgment; Oklahoma law cites grounds for disqualification include not allowing any judge
to hear a case where the judge’s judgment is in question.
The appellant seeks to appeal Corley’s denial to recuse Thomas but he has not published an appealable
order at the time of this petition. For the record, denial of the administrative motion to vacate judgment
as an act of the court done to correct the error of the court where the court violated the published rule 9
of the Payne County District Court on taking default judgment. Corley was asked to vacate the default
judgment as an administrative action where default judgment was taken in violation of the rules & law
also including failure of the court to provide reasonable ADA accommodations that would prevent
default judgments. This was made as an administrative motion to vacate judgment & the Appeals court
may not be the proper place to address court operations motions. However: Corley failed & refused to
Page 2 of 6enter an Order Denying the Motion to Recuse that is being appealed with this petition, it is asked that
this court clarify his administrative duty.
¢ Tenant appeals May 6th 2022.
Name of Party bringing Appeal: Charlene Y. Latham (hereafter referred to as Appellant, Appellant-Tenant,
Tenant or Ms. Latham)
This Appeal is brought from a Judgment, Decree or Final Order from the District Court.
This Appeal is timely dated:
April 6" 2022 & May 5 (post-trial) & Disposes of ALL claims in the record by all parties.
(*The Appellant did not joinder any possible claims/counterclaims at the time of case disposition Title 12. Civil
Procedure §12-1148.] Landlord Tenant Act legislating no requirement to do so.)
Post Trial Motions Filed:
Motion to Execute Stay of Judgment Filed: 04/06/2022 Not Disposed
Motion for New Trial Filed: 04/06/2022 Not Disposed
Motion for Emergency Relief Filed: 04/08/2022 Not Disposed
Motion for Supersedeas Bond Filed: 04/08/2022 Not Disposed
Motion for Time Extension to file Supersedeas Bond Filed: 04/08/2022 Not Disposed
Motion to Recuse Judge Thomas/Case Reassignment Filed: 04/08/2022 Disposed 04/20/2022
Petition to Move Case to District Court Filed: 04/08/2022 Not Disposed
Motion for Rehearing on Judicial Recusal Filed: 04/27/2022 Disposed 05/05/2022
Motion to Vacate Judgment Filed: 04/27/2022 Not Disposed
Motion to Vacate Judgment w/Brief in Support Filed: 05/02/2022 Disposed 05/05/2022
This Petition is filed by Mailing to the Clerk through US Certified Mail w/Return Receipt
There are NO other/related Appeals
Pursuant to Rule 1.250 the Appellant is willing to participate in settlement conference.
Record on Appeal: A Transcript has been ordered & Case Delegation filed with the District Court
Attached as EXHIBIT 1: Copy of Order on Appeal
Attached as EXHIBIT 2: Summary of the Case
Attached as EXHIBIT 3: Statement of Issues to be Raised on Appeal
Name of Appellant Counsel; Pro se (application to proceed pro se filed with Petition):
Charlene Y. Latham
Page 3 of 61+469.967.2655Direct
800 E. Hall of Fame Ave #189
Stillwater, OK 74074
Charlene272 @hotmail.com
Attorney for Appellee:
ASHLEY SCHOVANEC OK Bar No.: 32502
HILARY CLIFTON OK Bar No.:32805
PHILLIPS MURRAH P.C.
CORPORATE TOWER, 13™ FLOOR
101 N. ROBINSON AVE
OKLAHOMA CITY, OK 73102
AMSCHOVANEC @PHILLIPSMURRAH.COM
HHCLIFTON @PHILLIPSMURRAH.COM
(405) 235 4100
(Attorney for the Plaintiff, Avenue East Apartments dba Alight- Stillwater; SCION)
DATE: 05/05/2022 Submitted by,
Charlene ( Ha
1+469.967.2655Direct
800 E. Hall of Fame Ave #189
Stillwater, OK 74074
Charlene272@hotmail.com
Page 4 of 6CERTIFICATE OF SERVICE & AFFIDAVIT OF FILING
The undersigned hereby certifies that on this 5th day of May 2022, the foregoing
PETITION IN ERROR
was filed & served via the USPS to the Supreme Court of the State of Oklahoma at 2100 N Lincoln
Blvd #4 Oklahoma City, OK 73105 & The Plaintiff:
ASHLEY SCHOVANEC OK Bar No.: 32502
HILARY CLIFTON OK Bar No.:32805
PHILLIPS MURRAH P.C.
CORPORATE TOWER, 13™ FLOOR
101 N. ROBINSON AVE
OKLAHOMA CITY, OK 73102
AMSCHOVANEC @PHILLIPSMURRAH.COM
HHCLIFTON @PHILLIPSMURRAH.COM
(405) 235 4100
(Attorney for the Plaintiff, Avenue East Apartments dba Alight- Stillwater; SCION)
Charlene Y. Latham
1+469.967.2655 Direct
800 E. Hall of Fame Ave #189
Stillwater, OK 74074
Charlene272 @hotmail.com
Page 5 of 6Page 6 of 6
Document Filed Date
May 09, 2022
Case Filing Date
February 17, 2022
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
#1052130824% IN THE SUPREME COURT OF THE STATE OF OKLAHOMA — | fr. FILED CHARLENE LATHAM, Appellant-Tenant Appellate Case No: MAY - Appellate Court Judge: mY -3 2022 Vv AVENUE EAST APARTMENTS, LLC d/b/a ALIGHT-STILLWATER, Respondent- Landlord LORI ALLEN, COURTICLER: District Court Case on Appeal:" COURTICLERK ff Case No. SC-2022-13 District Court Order signed by Judge: K. THOMAS Judge: P. CORLEY PETITION IN ERROR BEFORE THE SUPREME COURT OF OKLAHOMA is Charlene Latham, Appealing a default judgment for Petition for Forcible Entry & Detainer/Eviction entered against her in the Payne County District (Order signed by Katherine Thomas). A Post-trial Motion Recusal of Thomas Denial Order was not published by Phillip Corley. Appellant Motions this Court for Emergency Relief: Stay of Eviction through separate motion filed alongside this Petition in Error. This is an Original Petition in Error. COURT: Payne County District Court; 9™ District of Oklahoma COUNTY: Payne County CASE NO: SC-2022-131 Petition for Forcible Entry & Detainer/Eviction JUDGE: Katherine E. Thomas (default judgment); Phillip Corley (denied Post-Trial Motion for Thomas’ Recusal & administrative action to vacate judgment ) Nature of the Case: e February 17 2022 the Landlord (Ave E Apts.) filed a Petition for Forcible Entry & Detainer/Eviction in the District Court demanding repossession of 800 E. Hall of Fame Ave Stillwater OK #1417, 75705 by alleging the Appellant (the tenant) had criminally trespassed & had no legal right to the apartment. Page 1 of 6The Appellant, Charlene Latham, submitted Exhibits A- K in the District Court record showing that she had applied & been approved for residency with the property, leased & paid for the apartment directly with the property managers since January 2022. Due to circumstances out of Ms. Latham’s control including disability, April 6 2022 Ms. Latham arrived late to the 9am docket hearing in Payne County District Court. Ms. Latham did make the Court aware that her car was disabled & she was arriving by car service expeditiously; she was informed by the court they would hear the case during the 10am docket. The District Court then entered default judgment for the landlord during the 9am docket and refused to hear the case on the 10am docket April 6 2022. Ms. Latham brings this Petition for Error & is asking for Emergency Relief by Stay of Eviction. Default Judgment granted the Landlord Forcible Entry & Detainer/Eviction in Error & the lower court denied administrative relief & Judicial Recusal in the District Court May 5" 2022. This is an appeal from default judgment taken in error of the court that resulted in the Appellant asking for Thomas to recuse for entering default judgment in error & abusively where a personal interest/bias is held by Thomas regarding the outcome of the case. There are no lawful grounds for eviction & the Plaintiff failed to state any cause for which eviction relief could be granted before default judgment was taken. The eviction petition appears to be filed simply to harass, extort & defame the Appellant- Tenant. The court granted default judgment to the Landlord for repossession of the apartment on the same day the Landlord motioned for default judgment. No notice of the motion or hearing for it was filed or served properly upon the parties before case disposition in favor of the movant for default judgment pursuant to Schweigert OK.Sup.Ct. 2015 Ruling & Rule 9 of the Payne County District Court Rules. During post-trial, Corley denied the post-trial motion to vacate & held that OS Title 12 Rule 10’s exceptions established in Ok.Sup.Ct. 2013 ruling overruled Schweigert decided in 2015 & refused to disqualify Thomas citing lack of cause. Thomas’ judgment is in question on the Motion for New Trial pending in the District Court citing error in Thomas’ judgment; Oklahoma law cites grounds for disqualification include not allowing any judge to hear a case where the judge’s judgment is in question. The appellant seeks to appeal Corley’s denial to recuse Thomas but he has not published an appealable order at the time of this petition. For the record, denial of the administrative motion to vacate judgment as an act of the court done to correct the error of the court where the court violated the published rule 9 of the Payne County District Court on taking default judgment. Corley was asked to vacate the default judgment as an administrative action where default judgment was taken in violation of the rules & law also including failure of the court to provide reasonable ADA accommodations that would prevent default judgments. This was made as an administrative motion to vacate judgment & the Appeals court may not be the proper place to address court operations motions. However: Corley failed & refused to Page 2 of 6enter an Order Denying the Motion to Recuse that is being appealed with this petition, it is asked that this court clarify his administrative duty. ¢ Tenant appeals May 6th 2022. Name of Party bringing Appeal: Charlene Y. Latham (hereafter referred to as Appellant, Appellant-Tenant, Tenant or Ms. Latham) This Appeal is brought from a Judgment, Decree or Final Order from the District Court. This Appeal is timely dated: April 6" 2022 & May 5 (post-trial) & Disposes of ALL claims in the record by all parties. (*The Appellant did not joinder any possible claims/counterclaims at the time of case disposition Title 12. Civil Procedure §12-1148.] Landlord Tenant Act legislating no requirement to do so.) Post Trial Motions Filed: Motion to Execute Stay of Judgment Filed: 04/06/2022 Not Disposed Motion for New Trial Filed: 04/06/2022 Not Disposed Motion for Emergency Relief Filed: 04/08/2022 Not Disposed Motion for Supersedeas Bond Filed: 04/08/2022 Not Disposed Motion for Time Extension to file Supersedeas Bond Filed: 04/08/2022 Not Disposed Motion to Recuse Judge Thomas/Case Reassignment Filed: 04/08/2022 Disposed 04/20/2022 Petition to Move Case to District Court Filed: 04/08/2022 Not Disposed Motion for Rehearing on Judicial Recusal Filed: 04/27/2022 Disposed 05/05/2022 Motion to Vacate Judgment Filed: 04/27/2022 Not Disposed Motion to Vacate Judgment w/Brief in Support Filed: 05/02/2022 Disposed 05/05/2022 This Petition is filed by Mailing to the Clerk through US Certified Mail w/Return Receipt There are NO other/related Appeals Pursuant to Rule 1.250 the Appellant is willing to participate in settlement conference. Record on Appeal: A Transcript has been ordered & Case Delegation filed with the District Court Attached as EXHIBIT 1: Copy of Order on Appeal Attached as EXHIBIT 2: Summary of the Case Attached as EXHIBIT 3: Statement of Issues to be Raised on Appeal Name of Appellant Counsel; Pro se (application to proceed pro se filed with Petition): Charlene Y. Latham Page 3 of 61+469.967.2655Direct 800 E. Hall of Fame Ave #189 Stillwater, OK 74074 Charlene272 @hotmail.com Attorney for Appellee: ASHLEY SCHOVANEC OK Bar No.: 32502 HILARY CLIFTON OK Bar No.:32805 PHILLIPS MURRAH P.C. CORPORATE TOWER, 13™ FLOOR 101 N. ROBINSON AVE OKLAHOMA CITY, OK 73102 AMSCHOVANEC @PHILLIPSMURRAH.COM HHCLIFTON @PHILLIPSMURRAH.COM (405) 235 4100 (Attorney for the Plaintiff, Avenue East Apartments dba Alight- Stillwater; SCION) DATE: 05/05/2022 Submitted by, Charlene ( Ha 1+469.967.2655Direct 800 E. Hall of Fame Ave #189 Stillwater, OK 74074 Charlene272@hotmail.com Page 4 of 6CERTIFICATE OF SERVICE & AFFIDAVIT OF FILING The undersigned hereby certifies that on this 5th day of May 2022, the foregoing PETITION IN ERROR was filed & served via the USPS to the Supreme Court of the State of Oklahoma at 2100 N Lincoln Blvd #4 Oklahoma City, OK 73105 & The Plaintiff: ASHLEY SCHOVANEC OK Bar No.: 32502 HILARY CLIFTON OK Bar No.:32805 PHILLIPS MURRAH P.C. CORPORATE TOWER, 13™ FLOOR 101 N. ROBINSON AVE OKLAHOMA CITY, OK 73102 AMSCHOVANEC @PHILLIPSMURRAH.COM HHCLIFTON @PHILLIPSMURRAH.COM (405) 235 4100 (Attorney for the Plaintiff, Avenue East Apartments dba Alight- Stillwater; SCION) Charlene Y. Latham 1+469.967.2655 Direct 800 E. Hall of Fame Ave #189 Stillwater, OK 74074 Charlene272 @hotmail.com Page 5 of 6Page 6 of 6