Fidelity Nat'l Title Ins., Co. v. Schroeder, No. F056339

In a case involving property on which plaintiff was about to file an abstract of judgment as a lien against, and which defendant then deeded to defendant-co-owner, a ruling refusing to set aside the transfer is affirmed in part, and reversed in part and remanded where: 1) the trial court was correct in concluding that the plaintiff was not entitled to relief under the Uniform Fraudulent Transfer Act; but 2) the court erred in concluding that plaintiff could not maintain a resulting trust cause of action, and it must determine whether transferee holds defendant's one-half interest in the property as a resulting trust for the benefit of defendant (in which case the lien would attach to the equitable interest).  

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Appellate Information

Filed November 24, 2009

Judges

Opinion by Judge Kane

Counsel
For Appellant:   Campagne, Campagne & Lerner, Justin T. Campagne and Wiley R. Driskill

For Appellee:    Felger & Associates, Warren P. Felger and Jennifer D. Reisz