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Ray v. Hadaway et al.

Triable Issues As To Whether Decedent's Grandson Had Fiduciary Duty to Restore Co-Owned Property to Decedent's Sole Ownership

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Miller, Presiding Judge.   This appeal involves a dispute over the estate of Jewell Penland (“the decedent”). Appellant Jim Ray—the decedent’s son—petitioned the trial court, relevantly, for a constructive trust to be imposed on the proceeds from savings bonds that he alleged rightfully belonged to the decedent’s estate, but which had been redeemed by the decedent’s grandson, Sam Evans.[1] Sam and the decedent’s daughter, Eloise, filed a motion for summary judgment, which the trial court granted. We conclude that genuine issues of material fact remain as to whether Sam owed a fiduciary duty to the decedent and whether he breached that fiduciary duty, resulting in damages to the decedent’s estate. Accordingly, we reverse the trial court’s grant of summary judgment to Sam and Eloise, and remand the case for further proceedings.The party moving for summary judgment has the burden of showing the absence of a genuine issue of any material fact and if the trial court is presented with a choice of inferences to be drawn from the facts all inferences of fact from the proofs proffered at the hearing must be drawn against the movant and in favor of the party opposing the motion. A litigant has a right to a trial where there is the slightest doubt as to the facts. All inferences from the evidence introduced will be interpreted favorably toward making an issue of fact. Thus, to prevail on motion for summary judgment, the movant has the burden to produce evidence which conclusively eliminates all material issues in the case. A de novo standard of review applies to an appeal from a grant of summary judgment.

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