Columbia Bank v. Heather Johnson Turbeville
143 So. 3d 964
| Fla. Dist. Ct. App. | 2014Background
- Bank sues Turbeville and insurer after Turbeville withdrew funds from grandmother’s multi-party accounts.
- Accounts were joint with Turbeville as manager; durable power of attorney later granted Turbeville control.
- Pueschel transferred funds to new accounts listing herself and Turbeville; Turbeville withdrew $671,696.57.
- Bank settled with Pueschel, obtaining an assignment of her claims against Turbeville.
- Bank amended complaint seeking equitable subrogation, conversion, and breach of fiduciary duty; trial court dismissed with prejudice.
- Bank appeals, arguing the claims were properly pled and should be reinstated on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Equitable subrogation elements | Bank plead elements for equitable subrogation | Turbeville attacks voluntariness/primarily liable elements | Trial court erred; equitable subrogation pleaded adequately |
| Conversion sufficiency | Bank alleged unauthorized withdrawal and ownership by Pueschel | Turbeville contends need for demand not required | Conversion adequately pleaded; dismissal with prejudice error |
| Breach of fiduciary duty assignability | Bank asserts assignability via settlement and duty existed | Toomey and personal-services exception argued against assignability | Assignment of fiduciary claim permissible; dismissal improper |
Key Cases Cited
- Dade Cnty. Sch. Bd. v. Radio Station WQBA, 731 So. 2d 638 (Fla. 1999) (equitable subrogation framework and elements)
- Aurora Loan Servs. LLC v. Senchuk, 36 So. 3d 716 (Fla. 1st DCA 2010) (equitable subrogation applicability in bank scenarios)
- Kala Inv., Inc. v. Sklar, 538 So. 2d 909 (Fla. 3d DCA 1989) (policy against unjust enrichment in subrogation)
- West American Ins. Co. v. Yellow Cab Co. of Orlando, Inc., 495 So. 2d 204 (Fla. 5th DCA 1986) (voluntariness/settlement as evidentiary support for subrogation)
- Mayo v. Allen, 973 So. 2d 1257 (Fla. 1st DCA 2008) (demonstrates demand is unnecessary where act amounts to conversion)
- Goodrich v. Malowney, 157 So. 2d 829 (Fla. 2d DCA 1963) (duty/ownership elements in conversion context)
- Wachovia Insurance Services v. Toomey, 994 So. 2d 980 (Fla. 2008) (assignability of fiduciary-duty claim; intensely personal duty considerations)
- Sandler v. Jaffe, 913 So. 2d 1205 (Fla. 4th DCA 2005) (statutory duty context; joint-account protections)
- Cassedy v. Alland Inv. Corp., 128 So. 3d 976 (Fla. 1st DCA 2014) (fiduciary duty elements and damages spectrum)
- S. S. Jacobs Co. v. Weyrick, 164 So. 2d 246 (Fla. 1st DCA 1964) (definition of conversion)