ANGELINA RAE HUBBARD FINDLEY, ET AL. V. RICHARD ODEL HUBBARD, ET AL. - Articles

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ANGELINA RAE HUBBARD FINDLEY, ET AL. V. RICHARD ODEL HUBBARD, ET AL.

Posted by: Landry Butler on Jul 2, 2018

Court: TN Court of Appeals

Attorneys 1:

H. Graham Swafford, Jr., Jasper, Tennessee, for the appellants, Angelina Rae Hubbard Findley and Stacey Lynnette Hubbard.

Attorneys 2:

Joseph R. White, Cassie C. Rieder, and William J. Rieder, Chattanooga, Tennessee, for the appellees, Richard Odel Hubbard, Bobbi LeNell Hubbard, Brent Loy Hubbard, and Richard Brian Hubbard.

Judge(s): CLEMENT

This appeal arises from a civil action filed in 2016 to establish a constructive trust and/or resulting trust to a share of the $25,500,000 proceeds from a 2005 Tennessee Lottery ticket. The essence of the claim is that the defendants, who are the respective former spouses and mother and father in-law of the plaintiffs, wrongfully deprived the plaintiffs of their rightful shares to the lottery proceeds. The defendants filed a Tenn. R. Civ. P. 12.02(6) motion to dismiss all claims for failure to state a claim on grounds including the statute of limitations. The plaintiffs responded contending, inter alia, that their respective claims did not accrue until 2007 for one of them and 2010 for the other, and that their claims were timely because the “catch all” 10 year statute of limitations in Tenn. Code Ann. § 28-3-110(a)(3) applied to constructive and resulting trusts. The trial court disagreed and dismissed all claims as time barred. We affirm.

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