(Download) "Pv International Corporation and R. W. Forsythe v. Malcolm Turner" by Supreme Court of Texas No. C-8529 # Book PDF Kindle ePub Free
eBook details
- Title: Pv International Corporation and R. W. Forsythe v. Malcolm Turner
- Author : Supreme Court of Texas No. C-8529
- Release Date : January 04, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
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Per Curiam In this action for fraud, breach of contract, breach of fiduciary duties, and alienation of affections, the trial
court admitted evidence obtained by petitioner, R. W. Forsythe, by a wiretapping device which Forsythe hooked up to his residential
telephone. He recorded several conversations between his wife, Barbara Forsythe, and respondent, Malcolm Turner. The court
of appeals held that the tape recorded telephone conversations between Barbara Forsythe and Malcolm Turner constituted an
illegal wiretap under 18 U.S.C. § 2515 and that admission of these tapes into evidence was reversible error. Accordingly,
the court of appeals reversed and remanded to the trial court for a new trial. S.W.2d . The court of appeals declined to follow Simpson v. Simpson, 490 F.2d 803 (5th Cir.), cert. denied, 419 U.S. 897, 42 L. Ed.
2d 141, 95 S. Ct. 176 (1974), which is factually analogous to the instant case. The court in Simpson held that § 2515 is "not
sufficiently definite and specific to create a federal cause of action" for a former husband's use of a wiretapping device
to intercept wife's conversations in their marital home. Id. at 810.