Supreme Court of Texas

In a case where a jury found that respondent-father/guardian breached his fiduciary duty to his incapacitated son and committed constructive fraud, and that he and his new wife converted the son's property with malice, a court of appeals decision limiting the imposition of a constructive trust on property purchased by petitioner's ex-husband and his new wife to a 35 percent undivided interest is reversed where the trial court did not abuse its discretion in imposing a constructive trust on the entire farm.

Appellate Information

• Decided 06/29/2007
• Published 07/06/2007

Judges

• PER CURIAM.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• Percy L. Isgitt, C. Zan Turcotte, Isgitt & Associates, P.C., Houston, Edward T. McFarland, Lufkin, for petitioner.


• For Appellees:
  
• John Porter Mabry, Vance Dunnam, Dunnam & Dunnam, Waco, for respondents.