ANTONIO MARTI, APPELLANT,
v.
MIRIAM MARTI, APPELLEE
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In this dissolution of marriage case, the Florida District Court of Appeal affirmed the trial court's award to the wife of a one-half interest in a joint savings account, finding that the husband's placement of the account in both parties' names as joint tenants constituted an intended gift rather than merely a convenience arrangement.
The court affirmed the trial court's determination that the husband intended to create a gift of the savings account to the wife. Considering the background of the parties, the attendant circumstances, and the weight and sufficiency of the evidence regarding the divergent testimony, the award is supported by the evidence.
[1] A trial court's determination that a joint tenancy with right of survivorship was intended as a gift is supported by evidence of the parties' background, attendant circum…
[2] The intent to create a gift of a joint savings account can be established by evidence beyond a mere "word or two of testimony by the recipient."
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Join FLexlaw to unlock all legal intelligence“Considering the background of the parties, attendant circumstances, and the weight and sufficiency of the evidence to be accorded to the divergent testimony of the parties, we find the trial court's determination, that the husband intended to create a gift of the savings account, is supported by the evidence.”
Establishes the court's holistic approach to determining gift intent, looking beyond mere testimony to the totality of circumstances.
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Join FLexlaw to unlock all legal intelligenceThis was the parties' second marriage. The husband, formerly a practicing attorney in Cuba, attended school during the marriage while the wife was emp…
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PER CURIAM.
This is an appeal from a final judgment of dissolution of marriage which awarded the wife/appellee a one-half interest in a joint savings account.
The question for our determination is whether this award is supported by the record.
This was a second marriage for the parties. The husband had formerly been a practicing attorney in Cuba. The wife was employed throughout the marriage and had, with the assistance of her family, contributed substantially to the support of the husband while he attended school. The savings account in question had been funded solely by the assets of the husband. The husband admitted placing the title to the account in the names of his wife and himself as joint tenants with a right of survivorship but asserted that this was done to provide for his funeral expenses with the remainder to be paid to his children by a former marriage upon his death. The wife testified that the husband converted title to the savings account so that she might have enjoyment of it.
The husband contends the trial court erred in failing to follow the dictates of Ball v. Ball, 335 So. 2d 5 (Fla.1976) as construed by Merrill v. Merrill, 357 So. 2d 792 (Fla. 1st DCA 1978) because only “a word or two of testimony by the recipient” is ineffectual to show that a gift was intended.
Considering the background of the parties, attendant circumstances, and the weight and sufficiency of the evidence to be accorded to the divergent testimony of the parties, we find the trial court’s determination, that the husband intended to create a gift of the savings account, is supported by the evidence. See Laws v. Laws, 364 So. 2d 798 (Fla. 4th DCA 1978).
Affirmed.
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Marsh v. Laurel J. Ising Marsh, 419 So. 2d 629 (Fla. 1982)…McDONALD, Justice. This cause is before the Court on petition to review Marsh v. Marsh, 399 So. 2d 433 (Fla. 5th DCA 1981), which conflicts with Ball v. Ball, 335 So. 2d 5 (Fla.1976), and, Marti v. Marti, 377 So. 2d 1005 (Fla. 3d DCA 1979), cert. dismissed, 383 So. 2d 1198 (Fla.1980). We have jurisdiction1 and quash the instant decision. The petition concerns the final judgment of a dissolution of marriage, and the sole issue is whether the wife acquired a special…
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Rosen v. Rosen, 386 So. 2d 1268 (Fla. 3d DCA 1980)…at he opened an account in that amount in her name alone and that she withdrew it and gave the proceeds to him only upon his unfulfilled promise to open another account, also in her name, at higher interest. See, Ball v. Ball, supra; Marti v. Marti, 377 So. 2d 1005 (Fla.3d DCA 1979); Laws v. Laws, 364 So. 2d 798 (Fla.4th DCA 1978); see also, Bullard v. Bullard, 380 So. 2d 1090 (Fla.3d DCA 1980). We similarly find no error or abuse of discretion in the amounts provided for child support. Shaw v. Shaw, supra; Ad…
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In re the Marriage of Laurel J. Ising Marsh v. Marsh, 399 So. 2d 433 (Fla. 5th DCA 1981)…979); Laws v. Laws, 364 So. 2d 798 (Fla. 4th DCA 1978); Sanders v. Sanders, 362 So. 2d 284 (Fla. 1st DCA 1978). . See, e. g., Wright v. Wright, 388 So. 2d 1319 (Fla. 5th DCA 1980); Smith v. Smith, 382 So. 2d 1242 (Fla. 2d DCA 1980); Marti v. Marti, 377 So. 2d 1005 (Fla. 3d DCA 1979), dismissed, 383 So. 2d 1198 (Fla.1980) (savings account); Snider v. Snider, 371 So. 2d 1056 (Fla. 3d DCA 1979), cert. denied, 383 So. 2d 1202 (Fla.1980) (notes and mortgages); Parramore v. Parramore, 368 So. 2d 1308 (Fla. 1st DCA…
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
- Shannon v. State, 335 So. 2d 5 (Fla. 1976)
- Merrill v. Merrill, 357 So. 2d 792 (Fla. 1st DCA 1978)
- Laws v. Laws, 364 So. 2d 798 (Fla. 4th DCA 1978)