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COTE v. TEXCAN VENTURES II

No. 05-07-01447-CV.

271 S.W.3d 450 (2008)

Christine L. COTE, Trustee of the Cote Family Trust, The Cote Family Trust, and Christine L. Cote, Individually and as the Beneficiary of the Cote Family Trust, Appellants v. TEXCAN VENTURES II and Nunzio DeSantis, Appellees.

Court of Appeals of Texas, Dallas.

November 26, 2008.

Attorney(s) appearing for the Case

Timothy A. Duffy, Burleson Pate & Gibson, L.L.P., Dallas, for Appellants.

Robert Jason Bowles, Bowles & Crow, Albuquerque, Robert D. Cohen, Cohen & Zwerner, L.L.P., Dallas, for Appellees.

Before Chief Justice THOMAS and Justices WHITTINGTON and FRANCIS.

OPINION

Opinion By Chief Justice THOMAS.

As part of an investment scheme, appellants transferred $1,000,000 to Stuart Kalb, a Texas attorney. Kalb disbursed a portion of the funds to appellees. Appellants sued, seeking to recover the funds from appellees through the imposition of a constructive trust. In one issue, appellants contend the trial court erred in denying their claim for relief because they were entitled, as a matter of law, to the imposition...

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