Riffel Law Firm PLLC v. Gaisford et al

Filing 60

MEMORANDUM OPINION AND ORDER granting 55 Defendants' Motion for Partial Summary Judgment. Signed by Honorable Robin J. Cauthron on 05/03/21. (wh)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
RIFFEL LAW FIRM, PLLC, a
Professional Limited Liability Company,

)
)
)
Plaintiff,
)
)
vs.
)
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HEATH D. GAISFORD, an individual;
)
ALISHA LOUISE GAISFORD, an
)
Individual; DENNIS IRVIN GAISFORD, )
an individual; LOLA FAYE GAISFORD, )
an individual; STATE OF OKLAHOMA, )
ex rel. OKLAHOMA TAX
)
COMMISSION; ELLIS COUNTY
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TREASURER and BOARD OF COUNTY )
COMMISSIONERS; U.S. DEPARTMENT )
OF AGRICULTURE, ex rel. FARM
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SERVICE AGENCY; and JOHN DOE,
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Occupant,
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Defendants,
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HEATH D. GAISFORD, an individual;
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ALISHA LOUISE GAISFORD, an
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individual; DENNIS IRVIN GAISFORD, )
an individual; and LOLA FAYE
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GAISFORD, an individual,
)
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Counterclaim Plaintiffs,
)
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vs.
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RIFFEL LAW FIRM, PLLC, a
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Professional Limited Liability Company, )
CRAIG RIFFEL, an individual;
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KATRESA RIFFEL, an individual; and
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JONATHAN F. BENHAM, an individual, )
)
Counterclaim Defendants.
)

No. CIV-20-616-C

MEMORANDUM OPINION AND ORDER
Defendants Heath D. Gaisford, Alisha Louise Gaisford, Dennis Irvin Gaisford, and
Lola Faye Gaisford (“Defendants”) seek judgment in their favor quieting title to the real
property at issue in this lawsuit. Plaintiff Riffel Law Firm objects, arguing the Court’s
January 12, 2021, Order granting Defendants’ Motion for Partial Summary Judgment
determining that the lien filed by Plaintiff was invalid moots the relief sought by
Defendants in their Motion.
The parties do not dispute that the lien that was filed by Plaintiff has been held
invalid by this Court and as a result is no longer is enforceable. The dispute centers on
whether, even in light of the Court’s ruling, the filing of the lien creates a cloud on the title
to the Defendants’ property and that an additional ruling from the Court is necessary to
remove that cloud. Citing Oklahoma’s Nonjudicial Marketable Title Procedures Act, 12
Okla. Stat. §§ 1141.1, et seq. (“MTA”), Plaintiff argues there is no longer a cloud as defined
by § 1141.2. That section states:
“Apparent cloud” means an effect, without a judgment of a court of
competent jurisdiction, which in the good faith opinion of a requestor results
in a condition of title to real property located in the State of Oklahoma that
fails to meet the standard of “marketable title” as defined by the “Oklahoma
Title Examination Standards” as adopted and revised by the House of
Delegates of the Oklahoma Bar Association . . . .
According to Plaintiff, because the Court’s Order invalidating the lien is from a
court of competent jurisdiction, this statute makes clear the lien cannot create a cloud on
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the title. Defendants respond, arguing that it is undisputed that this Court has not yet
entered judgment on the lien issue and so the terms of the statute are not yet met.
Defendants argue an order quieting title is necessary to address the cloud.
The Court finds Defendants’ argument well founded. In the absence of a judgment
the Court’s Order invalidating the lien is not final. See Moses H. Cone Mem’l Hosp. v.
Mercury Constr. Corp., 460 U.S. 1, 12 (1983) (“every order short of a final decree is subject
to reopening at the discretion of the district judge”). Thus, a reasonable title examiner
could still find that a cloud existed on Defendants’ title. Defendants have demonstrated
they are entitled to removal of that defect and Plaintiff has failed to offer any persuasive
argument or authority to the contrary. Accordingly, the Court finds Defendants’ Motion
for Partial Summary Judgment should be granted. Additionally, the Court holds the issues
regarding the validity of the lien and the necessity of removing the cloud on title are final
and so will enter judgment in favor of Defendants on these issues.
As set forth more fully herein, Gaisford Defendants’ Motion for Partial Summary
Judgment (Dkt. No. 55) is GRANTED. A separate judgment will issue.
IT IS SO ORDERED this 3rd day of May 2021.

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