Leon Gaines, Petitioner v. Blake Hamman, Respondent

Summary

The Texas Supreme Court reversed the trial court and Court of Civil Appeals and remanded for trial, holding that summary judgment was improper because genuine issues of fact existed regarding a constructive‑trust/fiduciary relationship under Rule 166A. A dissent argued the oral agreement is barred by the statute of frauds, while a concurrence agreed with the reversal but emphasized the Omohundro test for fiduciary relations.