Mattiza v. Foster

• Decision Date: 26 October 1988
• Citation: 93 Or.App. 619,762 P.2d 1067
• Parties: Page 1067 762 P.2d 1067 93 Or.App. 619 Virginia Dare MATTIZA, as Guardian/Conservator of the Estate of Virginia Dare Sandy, a protected person, Appellant, v. Dorothy Jean FOSTER, Respondent. 8
• Court: Oregon Court of Appeals

Page 1067

762 P.2d 1067

93 Or.App. 619

Virginia Dare MATTIZA, as Guardian/Conservator of the Estate

of Virginia Dare Sandy, a protected person, Appellant, v. Dorothy Jean FOSTER, Respondent.

87-01-21, 356-L; CA A46889.

Court of Appeals of Oregon.

Submitted on Record and Briefs Sept. 30, 1988.

Decided Oct. 26, 1988.

Virginia Dare Mattiza, Austin, Tex., filed the briefs pro se for appellant.

H. Clifford Looney, Butler & Looney, P.C., Vale, filed the brief for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

PER CURIAM.

This is an action to impose a constructive trust on a gift made by plaintiff's ward to defendant on the ground that defendant had procured the gift by the exercise of undue influence. The trial court found for defendant and awarded attorney fees pursuant to ORS 20.105.

On the merits we affirm. We deny respondent's motions for a penalty, ORS 19.160, and an attorney fee on appeal, ORS 20.105.

Affirmed; motions for penalty and attorney fee denied.