Sandpiper North Apartments, Ltd. v. American National Bank & Trust Co. of Shawnee

OPALA, Justice:

The questions to be decided on certiorari are: (1) May the construction trust fund doctrine of our statutory law, 42 O.S.1981 §§ 152 and 153, be invoked to impose liability for misapplied trust funds upon persons not specifically charged therein with fiduciary responsibility? (2) If the first question be answered in the affirmative, was the trial court correct in imposing liability for misapplied funds upon the subcontractor’s lender-bank qua involuntary trustee? (3) Is there evidentiary support for the trial court’s finding that trust funds were misapplied? (4) Was prejudgment…