Martin v. Flener

DUNAGAN, Chief Justice.

Appellant, James H. Martin, Independent Executor of the Estate of Gus T. Flener, deceased (plaintiff) brought this suit under the Uniform Declaratory Judgment Act asking the Court to declare appellant entitled to the entire amount of a condemnation award to be paid by the city to Gus T. Flener, deceased, and his divorced wife, Iva Flener (appellee-defendant). Appellee Iva Flener demanded one-half of the award as a tenant in common. Trial was held without a jury. The court rendered judgment in favor of appellee. The trial court pursuant to appellant’s request filed its…