Sandpiper North Apartments v. Am. Nat. Bank

1 The questions to be decided on certiorari are: (1) May the construction trust fund doctrine of our statutory law, 42 O.S. 1981 ?? 152 and 153 , be invoked to impose liability for misapplied trust funds upon persons not specifically charged therein with fiduciary responsibility? (2) If the first question be answered in the affirmative, was the trial court correct in imposing liability for misapplied funds upon the subcontractors lender-bank qua involuntary trustee? (3) Is there evidentiary support for the trial courts finding that trust funds were misapplied? (4) Was prejudgment interest recoverable? and (5) May the prevailing party be awarded counsel fee in a suit to enforce liability imposable by the statutory construction trust fund doctrine? Our answer is in the affirmative to the first, second and fifth questions and in the negative to the third and fourth.