Edwards v. Edwards

I concur in the majority’s affirmance of the grant of summary judgment in favor of David Edwards (Father) on the claim of Bobby Edwards. However, I believe that the trial court also correctly granted summary judgment in favor of Father on the claim of Bill Edwards (Son). Accordingly, I must respectfully dissent to the majority’s reversal of that order of the trial court.

OCGA § 53-12-93 (a) defines a “constructive trust” as a trust which is

implied whenever the circumstances are such that the person holding legal title to property, either from fraud or otherwise, cannot enjoy the beneficial…