Fuqua v. Taylor

AKIN, Justice.

This is an appeal from the trial court’s imposition of a constructive trust on income received by appellant from an overriding royalty interest (the “Sharpe lease”) obtained by him. The first issue presented is whether, where the underlying facts are undisputed, determination of the existence, and breach, of a fiduciary duty are questions of law exclusively within the province of the court. We hold that they are. A second question is whether the trial court rendered judgment in the correct amount. We hold that it did not and modify the judgment as indicated infra. A third…