Tinsley v. Bonner, 77-2323

• Citation: 362 So.2d 975
• Decision Date: 12 September 1978
• Docket Number: No. 77-2323,77-2323
• Parties: Marian A. TINSLEY, f/k/a, Marian A. Bonner, Appellant, v. Norman O. BONNER, Individually and as Personal Representative of the Estate of Esther N. Bonner, Deceased, Appellee.
• Court: Court of Appeal of Florida (US)

Page 975

362 So.2d 975

Marian A. TINSLEY, f/k/a, Marian A. Bonner, Appellant, v. Norman O. BONNER, Individually and as Personal Representative of the Estate of Esther N. Bonner, Deceased, Appellee.

No. 77-2323.

District Court of Appeal of Florida, Third District.

Sept. 12, 1978.

Rehearing Denied Oct. 20, 1978.

Kravitz, Dudley & Duckworth and Everett H. Dudley, Jr., Hialeah, for appellant.

Fink & Syna and Richard K. Fink, Miami, for appellee.

Before PEARSON, HUBBART and KEHOE, JJ.

PER CURIAM.

The marriage between these parties was dissolved by final judgment dated May 20, 1977. Each party has appealed some portion of the financial provisions of that judgment. The former wife, Marian A. Tinsley (formerly Marian A. Bonner), urges that the trial court committed reversible error in (1) ordering her to convey to the husband her interest in the former marital residence, and (2) denying her an interest in a joint savings account and certain securities. The former-husband, Norman A. Bonner, urges that the trial erred (1) in finding him responsible for repayment to his mother's estate of certain money withdrawn by the wife from the joint savings account and (2) in assessing the wife's attorney's fees and costs against him.

The husband and wife held in their joint names money which belonged to the husband's mother, Esther N. Bonner. The mother was made a party to the proceeding. She is now dead and the husband appears in these proceedings as the personal representative of her estate.

The proceedings were complicated and extensively tried. The judgment provided:

"(1) The marriage . . . is hereby dissolved . . .

"(2) MARIAN A. BONNER and NORMAN O. BONNER be and they are hereby ordered forthwith to transfer title and possession to ESTHER N. BONNER the certificates evidencing a $5,000.00 Long Island Lighting Company Bond # XRV17113 and a $5,000.00 New Orleans Public Service Bond # RV0641, together with their interests in the $5,000.00 Central Hudson Gas and Electric Bond # R-2448.

"(3) MARIAN A. BONNER be and she is hereby entitled to retain sole title and possession to the $1,000.00 Corporate Investment Trust Fund Bond # 2 GF997 dated March 7, 1974.

"(4) * * * * * *

"(5) Any claims of MARIAN A. BONNER and NORMAN O. BONNER to Dade Federal Savings and Loan Association Account # 8868-0 be and the same are hereby denied and are the sole property of ESTHER N. BONNER.

"(6) Any claims of MARIAN A. BONNER to Dade Federal Savings and Loan Association Certificate of Deposit No. 97-5-002395-3 be and the same are hereby denied and she is ordered forthwith to remove any impediments to the exercise of sole control over said Certificate of Deposit by NORMAN O. BONNER.

"(7) * * * * * *

"(8) Any claims of MARIAN A. BONNER and NORMAN O. BONNER against each other in reference to any activities in their joint checking account at Dixie National Bank maintained during the marriage be and the same are hereby denied.

"(9) MARIAN A. BONNER be and she is hereby ordered forthwith to execute in favor of NORMAN O. BONNER a Quit-Claim Deed conveying all of her right, title and interest in and to the improved residential, real property located at 8765 S.W. 149th Terrace, Miami, Dade County, Florida, and NORMAN O. BONNER be and he is hereby ordered to execute in favor of MARIAN A. BONNER a Quit-Claim Deed conveying to her all of his right, title and interest in and to improved, residential, real property located at 14000 S.W. 90th Court, Dade County, Florida.

"(10) * * * * * *

"(11) * * * * * *

"(12) * * * * * *

"(13) * * * * * *

"(14) * * * * * *

"(15) * * * * * *

"(16) * * * * * *

The trial judge's finding with regard to the marital residence is as follows:

"13. Prior to the marriage, the HUSBAND was the record title holder with his former wife, NELL B. BONNER, of that certain property legally described as follows:

Lot 5, Block 4, of LAUREL HILL PARK, according to the Plat thereof, recorded in PB 77, at page 7 of the Public Records of Dade County, Florida, geographically described as 8765 S.W. 149th Terrace, Miami, Dade County, Florida.

Subsequent to the marriage between the parties hereto, the former wife, NELL B. BONNER, delivered a quit-claim deed to NORMAN O. BONNER, conveying all of her interest in the above described real estate to him. Thereafter the HUSBAND transferred title by means of warranty deed to NORMAN O. BONNER and MARIAN A. BONNER, his wife, as tenants by the entireties.

"Prior to the marriage, and at the time of the hearing, the WIFE owned a single family residence, titled in the name of MARIAN A. TINSLEY and geographically described as 14000 S.W. 90th Court, Miami, Dade County, Florida.

"The Court finds that the transfer by the HUSBAND to the Wife of the said property owned by him was made in consideration of an agreement between the parties wherein the HUSBAND agreed to place his said property in the joint names of the parties and the WIFE agreed to place her said property in the joint names of the parties which she did not do. The Court therefore finds that each party is entitled to the sole title and possession of their respective improved residential real property without any claim of the other and that neither party has proven any special equity in the other's said described real property."

1] The wife maintains that provision "(9)" of the judgment, above-quoted, is not sustainable upon the court's finding. She relies upon the principles that a gift will be presumed and that the trial court...