Opinion
Case Nos. 97-46 96-3558
Opinion filed March 18, 1998. JANUARY TERM, A.D. 1998 Rehearing Denied May 6, 1998.
An Appeal from the Circuit Court for Dade County, Juan Ramirez, Jr., Judge. L.T. No. 92-12399
Greenberg, Traurig, Hoffman, Lipoff, Rosen Quentel, and Arthur J. England, Jr., and Charles M. Auslander; Welbaum, Guernsey, Hingston, Greenleaf Gregory, and W. Frank Greenleaf, for Appellants Dade County School Employees Federal Credit Union, Hubert O. Sibley, Jr., Don DeLap, and Alfreda Thomas;
Ruden, McClosky, Smith Schuster Russell, and James R. George, and Norman A. Fleisher, for Appellants Catherine Sibert and Stephen Sibert.
Berman Wolfe Rennert, and Neil J. Berman, and Jill Nexon Berman; Lauri Waldman Ross, for appellees.
Before GERSTEN, FLETCHER, and SORONDO, JJ.
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.