Leon Gaines, Petitioner v. Blake Hamman, Respondent

Summary

The Texas Supreme Court reversed the trial court and Court of Civil Appeals' grant of summary judgment to Blake Hamman and remanded the case for further proceedings, holding that the record disclosed genuine issues of fact as to the existence of a confidential relationship and constructive trust. Justice Walker dissented, arguing that the affidavit should not outweigh deposition testimony, while Justice Smith concurred, emphasizing that evidence of a fiduciary relationship raises a genuine issue of fact.