summary judgment motion, finding that, because there was no fraud or confidential relationship between appellee and appellant, there could be no’ constructive trust. Again, no evidence has been provided to the court, only allegations. Thus, there are genuine issues of material fact before the circuit court, and summary judgment was inappropriate. Moreover, the doctrine of constructive trust is not as narrow as the circuit court’s order suggests. A constructive trust is an implied trust that arises by operation of law when equity demands: “It is imposed where a person holding title to property is subject to an equitable duty to convey it to another on the ground that he would be unjustly enriched if he were permitted to retain it.” Druyvestein, 2010 Ark.App. 500, at 7, 375 S.W.3d at 781 (<HOLDING>). Accordingly, we reverse and remand this case
holding law of case doctrine is procedural and does not go to jurisdiction of court holding that even if the court were to apply the apex doctrine the doctrine would not preclude the deposition of two corporate executives in that case holding the doctrine applied in a case of mistake recognizing doctrine holding that the federal common fund doctrine may not be applied in contravention of a plans terms