Joint Tenancy With Right Of Survivorship

185 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Beal Bank v. Almand & Assocs.
  780 So. 2d 45· Fla.· 2001-03-01 ·cited 97×
  The Florida Supreme Court held that a rebuttable presumption arises that joint bank accounts titled in the names of both spouses are held as tenancies by the entireties, protecting such accounts from garnishment by a creditor of only one spouse, unless the signature card expressl
• Raimi v. Furlong
  702 So. 2d 1273· Fla. 3d DCA· 1997-09-17 ·cited 96×
  In this consolidated appeal of a will contest and equitable action, the court reversed the lower court's judgment that found appellants had conspired to use undue influence to deprive the decedent Evelyn Gruber of her assets and procure a final will in their favor. The court held
• First Nat'l Bank OF Leesburg v. Hector Supply Co.
  254 So. 2d 777· Fla.· 1971-10-27 ·cited 71×
  The Florida Supreme Court held that a joint checking account maintained by spouses may be held as a tenancy by the entireties and thus protected from garnishment for one spouse's individual debts, even if the account permits individual withdrawals. The Court rejected the District
• Morrison v. Smolarick
  334 So. 3d 675· Fla. 2d DCA· 2022-01-28 ·cited 62×
  The appellate court reversed a money judgment awarded in a partition action, holding that a partition action under Florida law is not the proper vehicle for awarding money damages when the sale of the property yields no proceeds. The court clarified that partition actions are for
• Leta Margaret Spark v. DeVera Ellen Canny
  88 So. 2d 307· Fla.· 1956-06-13 ·cited 57×
  This case involves a dispute over a $20,000 joint savings account established by a deceased mother, Ella Steding, with her daughter DeVera Canny as joint owner with right of survivorship. The Florida Supreme Court reversed the lower court's decision and held that while a presumpt
• Webster v. ST. Petersburg Fed. Sav. & Loan Ass'n
  155 Fla. 412· Fla.· 1945-01-12 ·cited 57×
  The Florida Supreme Court addressed whether named beneficiaries on savings accounts opened by the decedent Frank B. Webster could claim the funds as against his estate's representatives. The court held that the accounts constituted ineffectual testamentary attempts and could not
• Ila Winters v. Parks
  91 So. 2d 649· Fla.· 1956-10-24 ·cited 51×
  Ila Winters, the widow of Walter Lee Winters, appealed a decree finding that a joint bank account designated as a 'Joint Account with Right of Survivorship' did not constitute an estate by the entirety. The Florida Supreme Court affirmed, holding that despite the account's design
• Kozacik v. Kozacik
  157 Fla. 597· Fla.· 1946-06-11 ·cited 51×
  A contract for the sale of a joint tenant's interest, even if not executed with statutory formality (like subscribing witnesses), is sufficient in equity to sever the joint tenancy and extinguish the right of survivorship.
• Sitomer v. Richard M. Orlan for Belle Orlan Sitomer
  660 So. 2d 1111· Fla. 4th DCA· 1995-08-30 ·cited 36×
  The Florida Fourth District Court of Appeal reversed a judgment allowing Belle Orlan (through her guardian) to recover funds her husband Irving unilaterally withdrew from joint bank accounts and transferred to third parties. The court clarified that only tenancies by the entirety
• Allen v. Abner W. Gordon
  429 So. 2d 369· Fla. 1st DCA· 1983-03-15 ·cited 34×
  The court held that the evidence was sufficient to rebut the presumption of joint tenancy with right of survivorship, and the son's withdrawal of funds constituted conversion.
• In re Est. of Adele Hart Barret
  137 So. 2d 587· Fla. 1st DCA· 1962-01-23 ·cited 32×
  The Florida District Court of Appeal addresses whether a testator can require a non-probate jointly-owned asset to bear estate taxes and administration costs, and whether the respondent's attorney should receive a fee from the estate. The court holds that property passing outside
• Constance v. Constance
  366 So. 2d 804· Fla. 3d DCA· 1979-01-09 ·cited 24×
  Helen Constance appeals from a judgment declaring that funds she withdrew from three jointly-owned bank accounts belonged to her father Samuel Constance, not to her as joint owner. The court affirmed, holding that despite the signature cards establishing joint ownership on their
• In re the Guardianship OF Catherine S. Medley v. Se. Bank, N.A.
  573 So. 2d 892· Fla. 2d DCA· 1990-12-12 ·cited 23×
  This case addresses whether one co-owner of joint savings and loan accounts can withdraw all funds and appropriate them to his own use without the other owner's consent, despite signature card authorizations permitting either party to withdraw. The court reversed the trial court'
• Bloom v. Rachela Weiser
  348 So. 2d 651· Fla. 3d DCA· 1977-08-02 ·cited 23×
  This case concerns the validity of a deed executed by an attorney-in-fact under a general power of attorney. The appellate court affirmed the lower court's decision, holding that the power of attorney was insufficient to authorize the conveyance of real estate.
• Brandon v. Hermia Pittman and Lottie Hartsfield
  117 Fla. 678· Fla.· 1934-12-18 ·cited 23×
  Brandon personally guaranteed in writing that a corporation would refund stock purchase funds to Pittman on demand. When the corporation failed to refund, Pittman sued Brandon on the guarantee. The Florida Supreme Court affirmed the judgment, holding that the guarantee was suppor
• Joseph v. Chanin
  940 So. 2d 483· Fla. 4th DCA· 2006-10-04 ·cited 22×
  In this conversion case, the Fourth District Court of Appeal holds that a joint tenant may maintain a conversion action against a third-party recipient of funds wrongfully transferred from a joint bank account, provided the third party holds identifiable funds and refuses a deman
• Olsen v. Sydney Olsen
  195 So. 2d 864· Fla. 3d DCA· 1967-03-07 ·cited 22×
  In this 1967 Florida divorce case, the appellate court reversed the trial court's decision regarding 400 shares of Norfolk & Western Railway stock that the wife had received from her father before marriage and later transferred into joint tenancy with her husband. The court held
• Barash v. Kates
  585 F. Supp. 2d 1347· S.D. Fla.· 2006-10-12 ·cited 21×
  Philip Barash is sanctioned pursuant to the Court's inherent authority for perpetrating a fraud on the court through false statements during trial, while counsel James M. McCann is not sanctioned.
• Crockett v. Crockett
  708 So. 2d 329· Fla. 1st DCA· 1998-04-02 ·cited 21×
  In this dissolution of marriage appeal, the First District Court of Appeal addressed five issues concerning equitable distribution of marital assets, including treatment of a loan to the former wife's son, valuation of real property, double-counting of financial accounts, residen
• Antuna v. Dawson
  459 So. 2d 1114· Fla. 4th DCA· 1984-11-14 ·cited 21×
  Antuna appeals the denial of his post-judgment motions to intervene and seek relief from a garnishment judgment affecting a joint bank account he held with Malloy. The court holds that although Antuna had a protectable interest in the account and the garnishment statute provides
• In re Est. of Helen Page Winslow v. Patterson
  147 So. 2d 613· Fla. 2d DCA· 1962-12-05 ·cited 21×
  Cathryn Lown, who served as nurse and companion to elderly Helen Winslow, challenges the probate court's decision invalidating a will and codicil naming her as sole beneficiary. The court found the will was a product of undue influence, and the appellate court affirms, holding th
• Hinkle v. State
  355 So. 2d 465· Fla. 3d DCA· 1978-02-21 ·cited 19×
  A co-owner of a joint bank account cannot be held guilty of larceny for withdrawing funds from the account, because a co-owner is in lawful possession of the joint property and lacks the essential larceny elements of taking property of another.
• Sullivan v. Am. Tel. & Tel. Co., Inc.
  230 So. 2d 18· Fla. 4th DCA· 1969-12-10 ·cited 19×
  The court addressed whether a mother validly created a gift of jointly-held AT&T stock to her son by registering shares in their joint names. The court held that the mother retained full ownership of the stock at her death because she failed to satisfy the essential elements of a
• Kuebler v. Kuebler
  131 So. 2d 211· Fla. 2d DCA· 1961-01-06 ·cited 19×
  Clyde Kuebler appealed a summary final decree that awarded stock to the estate of Louis C. Kuebler rather than to Clyde. The court held that Clyde failed to establish the elements of a valid inter vivos gift, as Louis retained complete dominion and control over jointly-issued sto
• Nationsbank, N.A. v. Coastal Utils., Inc.
  814 So. 2d 1227· Fla. 4th DCA· 2002-05-01 ·cited 18×
  NationsBank, as a judgment creditor against Michael Iacobelli, sought to recover funds that Iacobelli's wife Patricia Maczko withdrew from a joint tenancy account. The court reversed summary judgment for Maczko, holding that factual issues remain regarding whether the withdrawal
• Harrington v. Emmerman
  186 F.2d 757· D.C. Cir.· 1950-11-16 ·cited 18×
  The court held that the depositor's committee's demand for the funds while she was alive, and the defendant's refusal to divide the account, severed the joint tenancy and terminated survivorship rights, making the depositor's subsequent death immaterial to ownership.
• Bucacci v. Boutin
  933 So. 2d 580· Fla. 3d DCA· 2006-06-14 ·cited 17×
  In this property dispute between unmarried cohabitants, the Florida District Court of Appeal affirmed the trial court's order to partition and sell a jointly-owned Miami-Dade residence but reversed the dismissal of Bucacci's equitable lien claim on Boutin's Monroe County property
• Harrison v. Huber
  463 So. 2d 1190· Fla. 2d DCA· 1985-01-16 ·cited 16×
  Harrison sought to retain $35,000 from a certificate of deposit opened in the names of "James R. Leathers or Frank H. Harrison" after Leathers' death, claiming survivorship rights. The court affirmed the trial court's summary judgment that the account lacked survivorship language
• George J. Sullivan C.T.A. of the Estate of Mary E. Sutton Sullivan v. Chase Fed. Sav. & Loan Ass'n
  119 So. 2d 78· Fla. 3d DCA· 1960-03-10 ·cited 16×
  An estate administrator challenged a summary decree awarding a joint savings account to a non-spousal beneficiary, Selena M. Poster. The court held that where a joint account with survivorship is established with intent to make a testamentary gift effective only upon death, such
• Greenwood v. Commissioner of Internal Revenue
  134 F.2d 915· 9th Cir.· 1943-04-06 ·cited 16×
  The court held that the property was held in joint tenancy with right of survivorship, and thus its full value was includible in the decedent's gross estate for federal estate tax purposes.
• Hurlbert v. Shackleton
  560 So. 2d 1276· Fla. 1st DCA· 1990-04-18 ·cited 15×
  A debtor's transfer of assets to joint tenancy with his wife is subject to execution to satisfy a subsequently-obtained judgment only if the debtor harbored actual fraudulent intent at the time of transfer; because the creditor was a future, unknown party not in existence when th
• Teasley v. Blankenberg
  298 So. 2d 431· Fla. 4th DCA· 1974-08-02 ·cited 14×
  The court held that joint savings and checking accounts with the right of survivorship pass to the surviving joint tenant, even if the statute governing survivorship was enacted after the account was opened.
• Tooley v. Commissioner of Internal Revenue
  121 F.2d 350· 9th Cir.· 1941-06-10 ·cited 14×
  The Board of Tax Appeals erred in deferring to the Superior Court's decree of distribution without making its own finding on the creation of a joint tenancy. The statute requires a showing that a transferee received property of the taxpayer.
• Fla. Nat'l Bank & Tr. Co. AT Miami v. Havris
  366 So. 2d 491· Fla. 3d DCA· 1979-01-16 ·cited 13×
  Florida National Bank, as guardian of an incompetent 94-year-old woman, appealed a trial court judgment that upheld a deed transferring the woman's home to a non-relative (Mary Havris) based on love and affection as consideration. The appellate court reversed, holding that love a
• Crabtree v. Garcia
  43 So.2d 466· Fla.· 1949-12-23 ·cited 13×
  This case concerns the ownership of a joint savings account after the death of one depositor. The court determined whether the surviving depositor was entitled to the account proceeds by right of survivorship, as provided by Florida statute.
• Flegal v. Guardianship OF Peter R. Swistock, Sr.
  169 So. 3d 278· Fla. 4th DCA· 2015-07-15 ·cited 12×
  The court held that the daughters were entitled to reasonable notice and an opportunity to be heard before their stock was transferred, and that the trial court erred in approving the transfer without such notice. However, the court also held that the daughters waived any objecti
• Figueroa v. Merscorp, Inc.
  766 F. Supp. 2d 1305· S.D. Fla.· 2011-01-31 ·cited 12×
  The district court lacks subject matter jurisdiction over the plaintiff's claims because they are barred by the Rooker-Feldman doctrine, which prevents federal courts from reviewing state court judgments.
• Katz v. Katz
  666 So. 2d 1025· Fla. 4th DCA· 1996-01-24 ·cited 12×
  Beatrice Katz appealed a probate court judgment denying her claims to securities purchased with funds from joint accounts and to accumulated income from her deceased husband's premarital assets under their prenuptial agreement. The Fourth District affirmed, holding that the prenu
• Zanakis v. Zanakis
  629 So. 2d 181· Fla. 4th DCA· 1993-11-03 ·cited 12×
  The court held that even if mislabeled as a resulting trust, the facts supported the imposition of a constructive trust to prevent unjust enrichment.
• Fortman v. Freedom Fed. Sav. & Loan Ass'n of Tampa
  403 So. 2d 985· Fla. 2d DCA· 1980-12-17 ·cited 12×
• The Cape Coral Bank v. Kinney
  321 So. 2d 597· Fla. 2d DCA· 1975-10-15 ·cited 12×
  The Cape Coral Bank, as guardian of an incompetent ward's estate, appealed a judgment denying its right to withdraw funds from a joint savings account held by the ward and a third party. The court reversed, holding that the bank as guardian had the statutory right to withdraw the
• Simpson v. Faye L. Schoenemann
  263 So. 2d 854· Fla. 1st DCA· 1972-05-04 ·cited 12×
  Simpson appealed a circuit court judgment denying his motion for judgment on the pleadings and ruling against him in his action to recover joint bank and savings account proceeds that his deceased wife withdrew and gave to her niece shortly before her death. The court held that w
• In re Est. of H. H. Donaldson v. Janette Brainard
  147 So. 2d 552· Fla. 2d DCA· 1962-11-30 ·cited 12×
  The appellate court determined that the county judge had jurisdiction to determine title to personal property claimed by both the estate and a daughter of the deceased.
• Jones v. Schellenberger
  225 F.2d 784· 7th Cir.· 1955-09-06 ·cited 12×
  A prior decree directing an accounting in a partnership dissolution suit is not final or res judicata as to defenses raised, and federal courts must apply intervening state law, including intermediate appellate court decisions, as authoritative.
• Lannan v. Kelm
  221 F.2d 725· 8th Cir.· 1955-04-26 ·cited 12×
  The court held that the jury's findings that the family partnerships and stock transfers were not bona fide for tax purposes were supported by substantial evidence, and that the trial court did not err in refusing to direct a verdict or in its jury instructions.
• Wittock v. Ramponi
  446 So. 2d 271· Fla. 4th DCA· 1984-03-14 ·cited 11×
  The court held that the trial court erred in refusing to set aside the default judgment because the pleadings and exhibits clearly showed the plaintiff was not entitled to relief as a matter of law.
• King v. Est. OF Cecil E. King, Sr.
  554 So. 2d 600· Fla. 1st DCA· 1989-12-20 ·cited 10×
  A statutory presumption that joint bank accounts pass by survivorship to the surviving account holder may be rebutted by clear and convincing proof of a contrary intent, and parol evidence is admissible under Florida Statutes section 658.56 to establish such contrary intent when
• Wiggins v. Parson
  446 So. 2d 169· Fla. 5th DCA· 1984-02-02 ·cited 10×
  This case of first impression in Florida addresses whether a joint owner's complete withdrawal of funds from a jointly-owned credit union account severs the right of survivorship. The court held that withdrawal and placement of funds beyond the other joint owner's control destroy
• United States v. Lowell
  557 F.2d 70· 6th Cir.· 1977-06-07 ·cited 10×
  The court held that Michigan's law of coverture does not apply to a loan made by the SBA, and therefore, the United States can execute on the separate property of Mrs. Lowell. The court also held that a guaranty signed after the principal contract is valid without new considerati
• Freedman v. Freedman
  345 So. 2d 834· Fla. 3d DCA· 1977-05-03 ·cited 10×
  Brothers Jordan and Alan Freedman appealed a trial court judgment upholding inter vivos gifts their father Maurice made to their brother Franklin, challenging both the validity of the gifts and claiming undue influence. The appellate court affirmed the gifts of a house and certif