Roy M. Huffington, Petitioners v. Haden J. Upchurch, Respondent

Summary

The Texas Supreme Court affirmed the trial court's constructive‑trust judgment granting Haden Upchurch a 14.285% partnership interest in the Indonesian venture, but reversed the appellate court's award of a proportional share of Warren and Scott's interests, finding that abandonment was a factual issue requiring a jury trial. The Court ordered a severance of that portion of the case and a partial remand for determination of whether Warren and Scott had abandoned their rights. It also held that the non‑joinder of Warren and Scott did not require dismissal of the action.