James Kearse v. State Florida

Appellants appeal from a final judgment which allowed appellee to assert an ownership interest in money which had been unilaterally transferred to third parties from a joint bank account by a joint owner. The jury instructions as given by the trial court improperly instructed the jury that if joint accounts with rights of survivorship had been created, then the transferred funds could be recovered from third parties. Because the continuation of an interest in the funds after an unauthorized withdrawal is a feature unique to tenancies by the entireties, we reverse.