Barnard v. Gunter

GODERICH, Judge.

The plaintiff, Vivian Barnard, appeals from a final summary judgment entered in favor of the defendant, Mary R. Gunter, declaring that Mary is the owner of two Totten trust accounts. We affirm. Mary cross-appeals seeking an order releasing the trust funds, attorney’s fees, costs, and a remand for a determination that Vivian’s civil theft claim was without substantial legal merit. We affirm, in part, reverse, in part, and remand.

In 1985, Ralph Gunter was the owner of a Totten trust account at Coral Gables Federal [hereinafter referred to as “account 1”] that listed his…