VARELA V. BERNACHEA 917 So. 2d 295 (2005) CASE BRIEF

VARELA V. BERNACHEA

917 So. 2d 295 (2005)

NATURE OF THE CASE: Varela (D) appeals from a Final Judgment, which declared Bernachea (P) the sole owner of Merrill Lynch CMA account, despite the fact the account was held as a joint tenancy with a right of survivorship.

FACTS: Varela and Bernachea developed a romantic relationship. At Bernachea's behest, Varela stopped working and moved into his Sunny Isles Beach condominium where the two began living together. Bernachea paid all of Varela's expenses and showered her with expensive gifts. Varela claimed that she never knew Bernachea was married. Moreover, she claimed Bernachea held her out as his wife. Bernachea disputed Varela's claims and asserted that Varela knew he had a wife, yet contented herself with being his mistress. Bernachea added Varela as a joint tenant with a right of survivorship to his Merrill Lynch CMA account. Varela received a Visa check card for the account, which she freely used. Bernachea stated that Varela's access to the Merrill Lynch account was restricted. The uncontested testimony established that Varela had the ability to access the CMA funds. Bernachea suffered a heart attack in his Sunny Isles condominium. When Bernachea's daughters arrived they barred Varela from both Bernachea's hospital room and his Sunny Isles condominium. Varela willingly vacated the apartment. On October 25, 2002, Varela wrote a $280,000.00 check on the CMA account and deposited it in her own name in a newly opened Merrill Lynch personal account. Two weeks after his release from the hospital Bernachea demanded that Merrill Lynch return the $280,000.00. Merrill Lynch complied and transferred the $280,000.00 into the CMA account. Varela contested this transfer, but Merrill Lynch would not return the funds. Bernachea sued Varela and Merrill Lynch and the court sided with him. Bernachea was the sole CMA account owner because he lacked donative intent when he added Varela as a joint account owner. Varela appeals from the Final Judgment.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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