Murphy Farrell Development, LLLP v. Sourant, 272 P.3d 355 (Ariz. Ct. App. 2012)

(plaintiff operates cow-calf ranch and also sells decorative boulders taken from land plaintiff leased from State to run cattle; defendant employed as boulder finder; defendant quit and bought mineral rights on State land from third party owner thereby obtaining right to harvest boulders and retain sale proceeds; parties later partnered in boulder-selling business, but later split-up; plaintiff sued for constructive trusts on certain parcels and proceeds of boulder-selling business; trial court determined that defendant in breach of contract, but that plaintiff not entitled to constructive trusts; judgment for defendant, but fees not awarded; on appeal, plaintiff claimed that trial court didn’t address issues contained in pre-trial statement that were not raised in complaint, and court remanded for additional findings on those issues; appellate court upheld trial court finding that plaintiff not entitled to constructive trust on some of the acreage that defendant harvested boulders on due to lack of equitable interest in the property; plaintiff argued for constructive trust on defendant’s profits on appeal on basis that defendant used information obtained during employment, but argument not raised at trial; defendant ultimately determined to be prevailing party on appeal and trial court abused its discretion by not awarding fees along with costs; but, appellate court remanded for court to determine which party ultimately successful). 

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