Ward v. Ward

Appellants, Jimmy and Dale Ward, challenge an order of the trial court involuntarily dismissing their complaint, which alleged a cause of action for wrongful eviction and sought the imposition of a constructive and/or resulting trust. The trial court also granted Appellees’ counterclaim for ejectment. We reverse the trial court’s dismissal of Appellants’ cause of action for wrongful eviction, and we affirm all other issues raised on appeal.

Appellants’ claim of wrongful eviction was based on a suit for eviction filed by Appellees in 2006 in the county court. In their answer to the complaint,…