Weaver v. Stewart

Because I believe the trial court properly granted summary judgment on the claim of constructive trust, I respectfully dissent.

As in their motion for summary judgment, appellees claim that a constructive trust is only available for breach of a fiduciary relationship and that this relationship must exist apart from and prior to the agreement made the basis of the suit. In support of this argument, appellees cite Consolidated Gas & Equipment Company v. Thompson, 405 S.W.2d 333 (Tex.1966). Appellants contend, on the other hand, that the supreme court overruled Consolidated to the extent the…