Gonzalez v. Trujillo, 65-171

• Decision Date: 09 November 1965
• Docket Number: No. 65-171,65-171
• Citation: 179 So.2d 896
• Parties: Maria Josefa Viera GONZALEZ, Appellant, v. Jose A. Rodriguez TRUJILLO, Appellee.
• Court: Florida District Court of Appeals

Page 896

179 So.2d 896

Maria Josefa Viera GONZALEZ, Appellant, v. Jose A. Rodriguez TRUJILLO, Appellee.

No. 65-171.

District Court of Appeal of Florida, Third District.

Nov. 9, 1965.

Smathers & Thompson and Robert B. Wallace, Mimai, for appellant.

Dubbin, Schiff, Berkman & Dubbin and Paul E. Gifford, Miami, for appellee.

Before HENDRY, C. J., and TILLMAN PEARSON and SWANN, JJ.

TILLMAN PEARSON, Judge.

The appellee is a Cuban National who escaped from Castro. Unlike most of these unfortunate Cuban refugees, he brought with him $167,000. He delivered the money to another Cuban in Miami, Florida. Later, the appellee sued the appellant, to whom he had delivered the money, upon and alleged promise to pay a commission for the transportation of the money. The cause was tried before the court without a jury and resulted in a final judgment for the plaintiff, appellee. The defendant appeals.

The trial judge made complete and extensive findings of fact which have greatly aided us in determining the merits of appellant's contentions. Having determined that these findings are supported by the record, we adopt them as the statement of facts on this appeal.

'Plaintiff, JOSE A. RODRIGUEZ TRUJILLO, (hereafter referred to as TRUJILLO), is a native of Metanzas, Cuba, and was employed there as a mechanic. He escaped Cuba by motor boat on June 15, 1963 and arrived in Miami, Florida two days later. He carried with him from Cuba a sealed package and a jacket. The package had ben delivered to him in Havana, Cuba by a stranger introduced to him as ALFREDO VIERA PRIETO, (hereafter referred to as PRIETO). PRIETO advised the plaintiff that the package contained money which he desired to be delivered to his daughter in Miami, Florida, and that upon delivery, plaintiff would be entitled to receive twenty (20%) per cent of the amount of money contained in the package. Plaintiff was further advised that the daughter could be contacted through FERNANDO BUSTO (hereafter referred to as BUSTO), a former Cuban attorney who had been PRIETO'S attorney for many years prior to BUSTO'S exile after Castro came into power.

'After his arrival in Miami, plaintiff contacted BUSTO and advised him of his desire to meet with MARIA JOSEFA VIERA CONZALEZ a/k/a MARIA OTERO, (hereafter referred to as MARIA).

'MARIA, daughter of PRIETO, is a resident of Puerto Rico, although a native of Cuba. She made frequent trips to Miami from Puerto Rico, and on the occasion of these trips would contact and consult with BUSTO on various financial and legal matters.

'On August 8, 1963, following telephonic arrangements between TRUJILLO and BUSTO, plaintiff met with defendant, MARIA at BUSTO'S house in Miami. At the meeting TRUJILLO produced the package (still sealed). The parties opened the package and found it to contain $167,000.00 in United States currency. After determining the amount contained in the package, TRUJILLO requested payment to him of twenty (20%) per cent ($33,400.00); the defendant, MARIA, agreed to pay him this sum, but requested fifteen (15) days within which to determine whether there were any shortages. This was agreeable to TRUJILLO. Two documents were prepared by BUSTO, one being a receipt, and the other being a document titled 'Acta de Entraga', the latter of which amounted to an acknowledgment of delivery of $167,000.00. The parties then proceeded to the office of a local attorney who notarized the Acta de Entraga. The defendant, MARIA, took her money and then departed, as did the plaintiff. Prior and up to August 8, 1963, TRUJILLO had sole dominion and possession of the funds transferred to MARIA. He...