Neimann v. Butterfield

HABHAB, Judge.

Defendant Michael Butterfield appeals from the trial court’s finding of a constructive trust and the denial of his counterclaim. He argues the trial court erred in (1) applying the legal standard of constructive trust rather than express trust; (2) finding plaintiff had proven the elements of a constructive trust; (3) making its assessments of the credibility of the witnesses; (4) denying defendant’s motion to reopen the evidence; and (5) denying his counterclaim. We affirm.

I. Factual Background. Plaintiff Clarence Neimann is the former father-in-law of defendant. Plaintiffs…