Schroeder v. Buchholz
Evelyn A. Schroeder, Plaintiffs and Appellees
v.
Dennis Buchholz Defendant and Appellant
and
Donna Buchholz, Defendant and Appellee
Judge Richard W. Grosz
| Appellant: | Lies & Bullis | |
| Appellee: | Krassin Law Office | |
| Appellee: | Samuel S. Johnson | |
| Appellant: | Tracey R. Lindberg Law Firm |
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1. Whether the trial court's findings are insufficient as a matter of law to impose a constructive trust.
a. Whether to impose a constructive trust, the district court must find the elements of an implied trust under Section 59-01-06, including the wrongful acquisition or retention of property.
b. Whether the improvements by the Schroeders as a matter of law constituted unjust enrichment.
c. Whether the relationship between the Schroeders and Dennis Buchholz was a confidential relationship.
2. Whether the district court erred in allowing the imposition of a constructive trust when the Appellees attempted to perpetrate a fraud on the court and offered perjured testimony and false evidence in support of their claims.
3. Whether the district court made numerous factual findings with no basis in the record, and which were inconsistent with the evidence and the Conclusions of Law.
Appellee's Statement of the Issues:
A. The trial court's findings are sufficient as a matter of law to impose a constructive trust.
1. There was a confidential relationship between the Schroeders and the Buchholzes.
2. Dennis Buchholz is unjustly enriched if he is allowed to retain the Schroeder house and improvements.
B. The district court is not required to find the elements of an implied trust under N.D.C.C. 59-01-06 in order to impose a constructive trust.
C. Appellees Donald Schroeder and Evelyn A. Schroeder did not attempt to perpetrate a fraud on the court, and did not knowingly offer false evidence in support of their claims.
D. The district court's factual findings are supported by the record and consistent with the evidence and conclusions of law.
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