01-0176 GUGGIARI V. PERALTA

State: Florida

Court: Florida Third District Court

Docket No: 01-0176 GUGGIARI V. PERALTA

Case Date: 03/13/2002

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2002 JOSE LUIS JARA GUGGIARI, Appellant, ** vs. ** EULALIA ACOSTA JARA PERALTA, ** Appellee. ** Opinion filed March 13, 2002. An appeal from the Circuit Court for Dade County, Florida, Alan L. Postman, Judge. Bailey & Dawes and Guy B. Bailey, for appellant. Roberto Matus, for appellee. Before SORONDO and RAMIREZ, JJ., and NESBITT, Senior Judge. PER CURIAM. Jose Luis Jara Guggiari, and Eulalia Acosta Jara Peralta, husband and wife in a Paraguayan divorce proceeding, dispute the ownership of some $800,000, in certificates of deposit, located in a Miami bank.1 Ms. Peralta filed an action in a Dade circuit court, arguing that a Paraguayan judgment issued in her favor entitled her to the asset. Mr. Jara Guggiari maintained the judgment was under CASE NO. 3D01-176 LOWER TRIBUNAL NO.00-14531 **

Approximately $800,000 has been distributed to the husband. The question here is entitlement to the balance. With conflicting claims made upon it, the bank successfully brought an interpleader action. See Guggiari v. Bank of America,N.A., 785 So. 2d 493 (Fla. 3d DCA 2001).

1

appeal, and he was entitled to immediate release of the funds, which were in his name. Initially, the Miami trial court issued an order reflecting its intention to honor the Paraguayan judgment, see

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