Supreme Court of Texas

In an action claiming that petitioner is entitled to payments from an optional annuity elected by his deceased ex-wife as part of her teacher retirement benefits, a ruling against petitioner is reversed where the court of appeals erred in finding that a constructive trust in favor of respondents could be imposed on payments petitioner receives, as petitioner had remained the designated beneficiary of the annuity.

Appellate Information

• Decided 04/20/2007
• Published 04/20/2007

Judges

• PER CURIAM.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• Robert Underwood, Robert Collin Underwood, Carthage, James A. Vaught, McCullar & Vaught, P.C., Austin, for petitioner., Greg Abbott, Attorney General of Texas, Barbara Bryant Deane, Assistant Attorney General, Harrell Glenn Hall III, Barry Ross McBee, Edward D. Burbach, George C. Noelke, Office of the Attorney General of Texas, Austin, for Amicus Curiae Teacher Retirement System of Texas.


• For Appellees:
  
• Steven M. Dowd, Law Offices of Steven M. Dowd, J. Scott Morris, J. Scott Morris, P.C., Austin, for respondents.