IRVING GOLDEN, APPELLANT,
v.
FAITH GOLDEN, APPELLEE
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Opening a bank account under the Uniform Gifts to Minors Act does not create a conclusive presumption of donative intent, but extrinsic evidence can be considered.
Appellant opened bank accounts for a minor under the Uniform Gifts to Minors Act. The trial court found a gift was intended, despite appellant's testi…
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FERGUSON, Judge.
The central issue presented for our consideration is whether the opening of a bank account in the name of a minor, in the manner prescribed by the Uniform Gifts to Minors Act, Sections 710.01-710.10, Florida Statutes (1981), creates a conclusive presumption of donative intent.
The issue appears to be one of first impression in this state. Appellant has presented two cases, and we have found no others, which have construed the UGMA on this point—Gordon v. Gordon, 70 A.D.2d 86, 419 N.Y.S.2d 684 (App.Div.1979), aff’d 52 N.Y.2d 773, 417 N.E. 2d 1009, 436 N.Y.S.2d 621 (1980) and Jacobs v. Jacobs, 128 Cal.App.3d 273,180 Cal.Rptr. 234 (Ct.App.1982). Both courts held that even where a bank account is opened in a manner which satisfies the UGMA, there is no absolute bar to the introduction of extrinsic evidence to show fraud or mistake, or to otherwise demonstrate a contrary intent. We are persuaded by those holdings, and adopt the same as the law of this case.
The question of law aside, we find sufficient evidence in the record to support the trial court’s finding that appellant intended a gift at the time the various accounts were established. We agree that the testimony of appellant, an attorney and businessman, to the effect that no gift was intended, was insufficient to rebut the presumptive force created by compliance with the UGMA procedure. See Gordon v. Gordon, 419 N.Y.S.2d at 689.
The resolution of factual conflicts by a trial judge in a nonjury case will not be set aside on review unless totally unsupported by competent substantial evidence. Laufer v. Norma Fashions, Inc., 418 So. 2d 437 (Fla. 3d DCA 1982); Green v. Hartley Realty Corp., 416 So. 2d 50 (Fla. 3d DCA 1982).
Affirmed.
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Moring v. Levy, 452 So. 2d 1069 (Fla. 3d DCA 1984)…United States Fidelity and Guaranty Co. v. Darden, 338 So. 2d 37, 38-39 (Fla. 3d DCA 1976), cert. dismissed, 353 So. 2d 680 (Fla.1977). Accord Bruñe v. Kings Creek of Gainesville, Inc., 317 So. 2d 848 (Fla. 1st DCA 1975). See also Golden v. Golden, 434 So. 2d 978 (Fla. 3d DCA 1983); Laufer v. Norma Fashions, Inc., 418 So. 2d 437 (Fla. 3d DCA 1982); Mori v. Matsushita Electric Corp. of America, 380 So. 2d 461 (Fla. 3d DCA), cert. denied, 389 So. 2d 1112 (Fla.1980). We find that the record supports the trial c…
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Rollins v. Phillips, 444 So. 2d 1160 (Fla. 3d DCA 1984)…findings based upon conflicting evidence should not be disturbed by an appellate court, if the record contains substantial competent evidence to sustain the judgment. Hull v. Miami Shores Village, 435 So. 2d 868 (Fla. 3d DCA 1983); Golden v. Golden, 434 So. 2d 978 (Fla. 3d DCA 1983); Mann v. Price, 434 So. 2d 943 (Fla. 2d DCA 1983); S. Kornreich & Sons, Inc. v. Titan Agencies, Inc., 423 So. 2d 940 (Fla. 3d DCA 1982). Although we find much of the evidence in this case to be conflicting, it is our view that t…
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Golden v. Golden, 500 So. 2d 260 (Fla. 3d DCA 1986)…ary judgment was inappropriate. Holl v. Talcott, 191 So. 2d 40 (Fla.1966). We disagree with appellee that the facts presented in this case, between father and [*261] son, are the same as the facts considered by the trial court in Golden v. Golden, 434 So. 2d 978 (Fla. 3d DCA 1983), review denied, 449 So. 2d 264 (Fla.1984), an earlier action between the same father and his daughter. Specifically, there was no contention in the first Golden case, as here, that monies deposited in an account pursuant to the Fl…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Laufer v. Norma Fashions, Inc., 418 So. 2d 437 (Fla. 3d DCA 1982)
- Dennis v. State, 416 So. 2d 50 (Fla. 3d DCA 1982)
- Green v. Hartley Realty Corp., 416 So. 2d 50 (Fla. 3d DCA 1982)