Bloom v. Weiser

• Decision Date: 02 August 1977
• Docket Number: Nos. 76-1414,76-1415,s. 76-1414
• Citation: 348 So.2d 651
• Parties: Miriam BLOOM, Appellant, v. Rachela WEISER, Appellee.
• Court: Florida District Court of Appeals

Page 651

348 So.2d 651

Miriam BLOOM, Appellant, v. Rachela WEISER, Appellee.

Nos. 76-1414, 76-1415.

District Court of Appeal of Florida, Third District.

Aug. 2, 1977.

Brian R. Hersh and Jeffrey A. Bernstein, Miami, for appellant.

Keith, Mack, Lewis & Allison and John R. Allison, III, Miami, for appellee.

Before HENDRY, C. J., and BARKDULL and HAVERFIELD, JJ.

HAVERFIELD, Judge.

Miriam Bloom, plaintiff in the trial court, appeals a final judgment quieting title in defendant, Rachela Weiser, and also an order awarding attorney's fees in an action to determine the ownership of a condominium unit.

On June 12, 1972 Joseph Weinberg purchased a unit in the Marlborough House Condominium and had the title placed in his name and that of his intended bride, Rachela Weiser, as joint tenants with rights of survivorship. Thereafter, on July 16, 1972 Weinberg executed and delivered to his son, Arthur Winter, a general power of attorney ¹ which reads in pertinent part:

"KNOW ALL MEN BY THESE PRESENTS:

"THAT I, JOSEPH WEINBERG, residing at 400 Diplomat Parkway, Hallandale, Florida, have made, constituted and appointed, and by these presents do make, constitute and appoint my son, ARTHUR A. WINTERS, my true and lawful attorney for me and in my place, name and stead giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises as fully, to all intents and purposes, as I might or could do if personally present, with full power and substitution and revocation, hereby ratifying and confirming all that my said attorney or his lawful substitute shall lawfully do or cause to be done by virtue hereof."

Pursuant to this power, on July 18 Winters, as agent and attorney-in-fact, executed and delivered to Miriam Bloom, daughter of Joseph Weinberg, a warranty deed purporting to transfer her father's one-half interest in the condominium unit. After her father's death, Miriam Bloom filed a complaint for declaratory judgment seeking to have the June 12, 1972 deed declared void as to Weiser's interest on the ground that this interest was obtained by undue influence. Alternatively, Bloom alleged that she had a one-half interest in the condominium by virtue of the July 18, 1972 deed which terminated Weiser's right of survivorship and on this basis requested the property be partitioned and sold. Weiser answered denying (1) any undue influence on her part, and (2) the validity of the July 18 deed for the reason that the general power of attorney given to Winters was invalid. Weiser also counterclaimed to quiet title to the unit in her name and sought damages for slander of title, including attorney's fees. The action was tried non-jury and on July 2, 1976 a judgment was entered quieting title in Weiser based upon the following trial court findings: (1) there was no evidence of any undue influence and the June 12, 1972 warranty deed created a joint tenancy with right of survivorship for Joseph Weinberg and Rachela Weiser; (2) the general power of attorney given to Arthur Winters was insufficient to authorize the conveyance of the subject condominium unit because it lacked a description of the real property to be conveyed thereby failing to meet the requirements of the formalities of a deed of conveyance as set forth in Section 689.01, Florida Statutes (1971); and (3) the power of attorney being invalid, the July 1972 deed to Miriam Bloom is void. Thereafter, Weiser was awarded $4,000 as a reasonable attorney's fee on her claim for damages. Miriam Bloom appeals both...