Tikalsky v. Friedman

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The Supreme Court reversed the decision of the court of appeals reversing the judgment of the circuit court dismissing Steven Tikalsky's "constructive trust" count as against Terry Stevens, holding that a constructive trust is a remedy, not a cause of action, and that the circuit court properly dismissed Terry from the case with prejudice.At issue in this case was the proper distribution of Donald and Betty Lou Tikalsky's estate. Steven sued his sister, Terry, and two other siblings to obtain part of the inheritance they received from their parents. As against Terry, Steven asserted "constructive trust" as a cause of action. The circuit court granted summary judgment against Steven on the constructive trust count and dismissed Terry from the lawsuit. The court of appeals reversed, holding that a constructive trust remained a "permissible equitable remedy" as to Terry. The Supreme Court reversed, holding (1) under the proper circumstances, a constructive trust may be imposed on property in the possession of one who is innocent of any inequitable conduct; but (2) the complaint in this case did not state a cause of action against Terry nor assert any other grounds upon which a constructive trust could be imposed, and therefore, Terry was properly dismissed from the case with prejudice. View "Tikalsky v. Friedman" on Justia Law