STOLTZ v. MALONEY

No. 2 CA-CIV 3835.

129 Ariz. 264 (1981)

630 P.2d 560

Lelia STOLTZ, a married woman, in her separate capacity, Plaintiff/Appellant, v. Emma Serene MALONEY, surviving spouse of Joe Maloney, deceased, Defendant/Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 3, 1981.

Review Denied June 23, 1981.


Attorney(s) appearing for the Case

Richard A. Winkler, Douglas, for plaintiff/appellant.

Kerley & DeFrancesco by James K. Kerley, Sierra Vista, for defendant/appellee.


HATHAWAY, Chief Judge.

Following appellant's quiet title action relating to a parcel of real estate in Cochise County, the trial court entered judgment in favor of appellee, imposing a constructive trust in her favor. On appeal, appellant contends there was no clear and convincing evidence to support the finding of a fiduciary relationship between any of the parties, rendering the imposition of a constructive trust error. Additionally, appellant argues that she is...

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