SITOMER v. ORLAN

No. 93-1205.

660 So.2d 1111 (1995)

Jack SITOMER, Doris Goldbring and Rose Wishansky, Appellants, v. Richard M. ORLAN, as Guardian for Belle Orlan Sitomer, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing, Stay, and Certification Denied October 13, 1995.


Attorney(s) appearing for the Case

Frank B. Kessler, Lake Worth, for appellants.

Charles J. Kane of Greenspan & Kane, Boca Raton, for appellee.


GROSS, ROBERT M., Associate Judge.

Appellants appeal from a final judgment which allowed appellee to assert an ownership interest in money which had been unilaterally transferred to third parties from a joint bank account by a joint owner. The jury instructions as given by the trial court improperly instructed the jury that if joint accounts with rights of survivorship had been created, then the transferred funds could be recovered from third parties. Because the...

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