FUQUA v. TAYLOR

No. 05-83-01359-CV.

683 S.W.2d 735 (1984)

P. Stephen FUQUA, Appellant, v. Warren W. TAYLOR, et al., Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied January 14, 1985.


Attorney(s) appearing for the Case

Paul W. Wisdom, Jr., Mesquite, for appellant.

Thomas K. Boone, Dalton, Moore, Forde, Joiner & Stollenwerck, Dallas, for appellee.

Before AKIN, SPARLING and WHITHAM, JJ.


AKIN, Justice.

This is an appeal from the trial court's imposition of a constructive trust on income received by appellant from an overriding royalty interest (the "Sharpe lease") obtained by him. The first issue presented is whether, where the underlying facts are undisputed, determination of the existence, and breach, of a fiduciary duty are questions of law exclusively within the province of the court. We hold that they are. A second question is whether the trial...

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