WILZ v. FLOURNOY

No. 06-0913.

228 S.W.3d 674 (2007)

Patricia WILZ, Guardian of Jon Patrick Flournoy, an Incapacitated Person, Petitioner, v. Kenneth W. and June FLOURNOY, Respondents.

Supreme Court of Texas.

June 29, 2007.


Attorney(s) appearing for the Case

Percy L. Isgitt, C. Zan Turcotte, Isgitt & Associates, P.C., Houston, Edward T. McFarland, Lufkin, for petitioner.

John Porter Mabry, Vance Dunnam, Dunnam & Dunnam, Waco, for respondents.


PER CURIAM.

On behalf of her son, Jon Flournoy, Patricia Wilz sought to impose a constructive trust on property purchased by her ex-husband and his new wife. The trial court imposed a constructive trust on the entire property, but a divided court of appeals limited the trust to a 35 percent undivided interest. Given the evidence presented at trial and the jury's findings, the court of appeals erred in limiting the constructive trust, and we reverse.

Patricia...

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