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Smith v. Deneve
Texas Court of Appeals
285 S.W.3d 904 (2009)
- Written by Whitney Kamerzel , JD
Facts
Stephen Carl Smith (plaintiff) and Mary Deneve (defendant) lived together and had a romantic relationship for 14 years. During the relationship, Smith and Deneve opened a joint bank account together, shared living expenses, and shared a car-insurance policy. However, Smith was not guided by Deneve’s general judgment and advice, and Smith never received financial advice from Deneve to influence Smith’s financial affairs. After Smith and Deneve’s relationship ended, Smith sued Deneve for breach of a fiduciary duty and requested a constructive trust over property that Deneve acquired while Smith and Deneve were together. The trial court granted summary judgment for Deneve, and Smith appealed.
Rule of Law
Issue
Holding and Reasoning (Fitzgerald, J.)
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