Swanigan v. Crockett

CARL R. GAERTNER, Presiding Judge.

Defendant appeals from an adverse judgment after a jury-waived trial.1 In its Finding of Facts and Conclusions of Law the trial court found that plaintiff is a 67 year old widower who paid defendant, his step-daughter, $100.00 per month to handle his financial affairs thereby creating a fiduciary relationship which defendant breached by paying herself and her sisters cash gifts amounting to $4,000.00 more than plaintiff had authorized her to pay. The court further found defendant had breached her duty to plaintiff by depriving him of one-half of the proceeds…