JOSEPH v. CHANIN

No. 4D05-3515.

940 So.2d 483 (2006)

Barbara JOSEPH, Appellant, v. Lena CHANIN, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 14, 2006.


Attorney(s) appearing for the Case

Jay L. Kaufman and James A. Herb of Herb & Kaufman, P.A., Boca Raton, for appellant.

Vanessa D. Sloat of Sachs Sax Klein, Boca Raton, for appellee.


GROSS, J.

In this case, we hold that where a joint tenant in a bank account wrongfully transfers funds to a third party, the other joint tenant may maintain a cause of action for conversion against the third party who (1) holds the identifiable funds and (2) refuses a demand to restore the funds to the other joint tenant.

Lena Chanin lived with Meyer Joseph in his condominium from 1992 until his death in 2001.1 Beginning in 1992...

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