Sign In
Events
Newsletters
Search

Close

Close Search

SEARCH
MY LAW.COMNEW

Mowbray v. Avery

The trial court did not err in granting summary judgment as to appellant's claim for a constructive trust based on unjust enrichment on the grounds of limitations.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
On appeal from the 197th District Court of Cameron County, Texas.

OPINION

Appellant Fredda Sue Mowbray appeals the judgment of the trial court, dismissing her petition for the imposition of a constructive trust and for a bill of review of a summary judgment in a prior suit entered over six years earlier. In the prior proceeding, the trial court had granted a summary judgment finding, after her criminal conviction for killing her husband, William [email protected] Mowbray, that appellant was not entitled to the proceeds insuring Bill Mowbray=s life. Appellant filed a petition for a bill of review of that decision after she was acquitted in a subsequent criminal trial after a writ of habeas corpus was granted that reversed her original conviction and ordered a new trial. Appellant asks us to review whether the trial court erred in: (1) sustaining special exceptions to her second amended petition for bill of review; (2) considering appellees= late supplement to the motion for summary judgment; (3) considering appellee=s motion for summary judgment which was not supported by conclusive competent summary judgment evidence; (4) granting summary judgment on the ground of limitations; (5) granting summary judgment on the ground that there was no extrinsic fraud that prevented her from presenting a defense; and (6) granting summary judgment on the ground that she failed to exercise due diligence in filing a petition for bill of review. We affirm the judgment of the trial court.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center

Pennsylvania Legal Awards (PALA) 2023

June 14, 2023
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.


Learn More

Consulting Top Consultants 2023

June 15, 2023
New York, NY

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More

Southeastern Legal Awards (SLA) 2023

June 22, 2023
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Go to Events Go to Webcasts

PARALEGAL - NEW YORK


Auto defense counsel seeking paralegal for discovery demands and responses as well as other legal documents. Salary range 50k to 65k depend...


Apply Now ›

NO - FAULT PARALEGAL - NEW YORK


Needed to assist in drafting, preparing and filing legal docs through NYSCEF in accordance with attorney instructions. An associate degree, ...


Apply Now ›

Litigator (Of-Counsel) - New York


Civil/Commercial Litigator (of-counsel) in Nassau or Queens county earnestly sought. Office located at Station Plaza (Great Neck) (2 mins w...


Apply Now ›
Go to Lawjobs

SCHIRMER LAW LLC

06/09/2023
DBR Web

SCHIRMER LAW LLC Celebrating 7 years of Excellent Service


View Announcement ›

POND LEHOCKY STERN GIORDANO

06/06/2023
TLI Web

Pond Lehocky Giordano LLP would like to announce that....


View Announcement ›

HARTMANN DOHERTY ROSA BERMAN & BULBULIA LLC

06/05/2023
NJLJ Web

HARTMANN DOHERTY ROSA BERMAN & BULBULIA LLC's Matrimonial & Family Practice Warmly Welcomes the Honorable Peter J. Melchionne (Ret.) to Lead its New Family Law Dispute Resolution Team.


View Announcement ›
Go to Professional Announcements

Legal Newswire

Winning Strategies: Anna Osipov’s Journey to Establishing Osipov Legal Group L...
IMS Consulting & Expert Services Acquires Nationally Recognized Tsongas Litigati...
CHAMBERS USA 2023 RANKS SOUTHBANK LEGAL AMONG THE TOP BANDS FOR COMMERCIAL LITI...
CHAMBERS USA 2023 RANKS IFRAH LAW AND FIRM PARTNERS AMONG THE TOP BANDS FOR GAMI...
Submit a press release