Dade County School Employees Federal Credit Union v. Coleman

708 So. 2d 629, 1998 Fla. App. LEXIS 2664, 1998 WL 117779

• Court: District Court of Appeal of Florida
• Decided: March 18, 1998
• Docket: Nos. 97-46, 96-3558
• Status: Published

Opinion

PER CURIAM.

Credit Union, Credit Union employees, and relatives of decedent appeal an adverse judgment finding them liable for civil theft, conversion, breach of fiduciary duty and negligence, in connection with the liquidation of the decedent’s, treasury bill and the deposit of the proceeds into the decedent’s joint checking account. We reverse, finding no competent, substantial evidence in the record to support the jury’s conclusion that the appellants acted against the decedent’s wishes. See R. Hughes, Inc. v. Mitchell, 617 So.2d 767 (Fla. 1st DCA 1993); Espirito Santo Bank of Florida v. Agronomics Fin. Corp., 591 So.2d 1078 (Fla. 3d DCA 1991); Florida Dept. of Transp. v. Raiche, 527 So.2d 842 (Fla. 2d DCA), review denied, 534 So.2d 401 (Fla.1988); Coral Gables Fed. Sav. & Loan Ass’n v. City of Opa-Locka, 516 So.2d 989 (Fla. 3d DCA 1987), review denied, 528 So.2d 1181 (Fla.1988). Accordingly, the order below is reversed and remanded -with instructions to enter judgment in favor of the appellants.

Reversed and remanded with instructions.