Missouri Court of Appeals, Western District / Mar 5, 2019
Michael Douglass vs. Phillip Douglass
Michael Douglass sued his brother, Phillip Douglass, seeking to quiet title in a property and share in homeowners' insurance proceeds after a fire. The trial court imposed a constructive trust on the insurance proceeds, ordering them split equally, and restored Michael to title as a joint tenant, also ordering a partition sale. Phillip appealed, arguing that some of the trial court's factual findings supporting the constructive trust were not based on substantial evidence. The appellate court affirmed, finding that even if the challenged findings were erroneous, other unchallenged findings provided substantial evidence to support the imposition of the constructive trust.