Loeffler v. Loeffler

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Loeffler v. Loeffler

Case Number
Court Number
Call Date
March 8, 2022
Case Time
1:00 PM
Case Summary

A-21-0546, Lawrence E. Loeffler and Patricia K. Loeffler (appellants) v. Robert J. Loeffler (appellee/cross-appellant)

Boone County, District Judge Rachel A. Daugherty

Attorney for Appellant:  David A. Domina (Domina Law Group, PC, LLO)

Attorneys for Appellee:  Jennifer D. Tricker, Spencer R. Murphy (Baird Holm LLP)

Civil Action:  oral contract for real estate

Action Taken by Trial Court:  After holding a bench trial, the district court dismissed the complaint.

Assignments of Error on Appeal:  On appeal, Lawrence and Patricia assign that the district court erred in (1) failing to recognize that fraud at the outset is not required to prove a resulting trust and failing to find a resulting trust was proven, (2) disregarding Patricia’s interrogatory answer testimony without a basis to do so, (3) dismissing their complaint, and (4) failing to award them rents and profits.

On cross-appeal, Robert assigns that the district court erred in failing to dismiss the case for the separate and independent reason that the allegations in the complaint are time barred by the statute of limitations.

Case Location
Court Type
District Court
Schedule Code
Panel Text
Pirtle, Chief Judge, Riedmann, and Welch, Judges