MARIANELA DOLORES LOZANO
v.
IN RE: ESTATE OF GEORGE LESTER LEON-LOZANO
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In an estate dispute, the trial court determined that monies in an account belonged to the decedent without holding an evidentiary hearing. The appellate court reversed, holding that the appellant was entitled to an evidentiary hearing before the trial court could determine whether a donative intent existed regarding the account under Florida's Uniform Transfer to Minors Act.
The trial court erred in determining donative intent without holding an evidentiary hearing. The appellant was entitled to a fair opportunity to contest the factual issues regarding donative intent before the trial court made its determination.
[1] A trial court must conduct an evidentiary hearing before determining whether monies in an account were transferred as a gift under the Florida Uniform Transfer to Minors…
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Join FLexlaw to unlock all legal intelligenceMarianela Dolores Lozano appealed a trial court order determining that monies in an account belonged to the estate of George Lester Leon-Lozano. The t…
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Opinion filed November 13, 2024. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D24-0889 Lower Tribunal No. 23-4848-CP-02 ________________
Marianela Dolores Lozano,
Appellant,
vs.
In Re: Estate of George Lester Leon-Lozano,
Appellee.
An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Jose L. Fernandez, Judge. Valero Law PLLC, and David T. Valero, for appellant. Florida General Counsel, P.A., and Elizabeth Hernandez and Hugo L. Garcia, for appellee Jorge Leon. Before FERNANDEZ, SCALES and BOKOR, JJ. PER CURIAM.
In the instant appeal, the trial court entered an order on the pleadings and without a hearing, finding that monies in an account belonged to the decedent. See Golden v. Golden, 500 So. 2d 260, 261 (Fla. 3d DCA 1986) (explaining that establishment of an account in a minor’s name pursuant to the Florida Uniform Transfer to Minors Act creates a rebuttable presumption of donative intent). However, upon review of the record, Marianela Dolores Lozano was entitled to an evidentiary hearing prior to the trial court’s determination of donative intent. See, e.g., Spano v. Wells Fargo Equip. Fin., 165 So. 3d 834, 836 (Fla. 4th DCA 2015) (“Whether the trial court has complied with the guarantees of due process is subject to de novo review.” (quotation omitted)); Sperdute v. Household Realty Corp., 585 So. 2d 1168, 1169 (Fla. 4th DCA 1991) (“[T]he purpose of an evidentiary hearing is to allow a party to ‘have a fair opportunity to contest’ the factual issues . . . it is reversible error for a trial court to deny a party an evidentiary hearing to which he is entitled.” (citation omitted)).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Burgess v. State, 585 So. 2d 1168 (Fla. 4th DCA 1991)
- Montie Spano v. Wells Fargo Equip. Fin., 165 So. 3d 834 (Fla. 4th DCA 2015)
- Golden v. Golden, 500 So. 2d 260 (Fla. 3d DCA 1986)