05-0105 VARELA V. BERNACHEA

State: Florida

Court: Florida Third District Court

Docket No: 05-0105 VARELA V. BERNACHEA

Case Date: 12/21/2005

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 JULY TERM, 2005

CRISTINA VARELA, a/k/a CRISTINA B. VARELA, Appellant,

** ** **

vs. ** CARLOS ALBERTO BERNACHEA, ** Appellee. **

CASE NO. 3D05-105 LOWER TRIBUNAL NO. 03-3274

Opinion filed December 21, 2005. An Appeal from the Circuit Court for Miami-Dade County, Henry H. Harnage, Judge. Jennifer S. Carroll and David Noel (Palm Beach); Randolph W. Adams (Ft. Lauderdale), for appellant. Craig Blinderman and Arie Mrejen (Ft. Lauderdale), for appellee.

Before LEVY, GERSTEN, and ROTHENBERG, JJ.

PER CURIAM.

Cristina Varela ("Varela"), appeals from a Final Judgment, which declared Carlos Alberto Bernachea ("Bernachea") the sole owner of Merrill Lynch CMA account #738-58160 ("the CMA

account"), despite the fact the account was held as a joint tenancy with a right of survivorship. Varela and Bernachea are both Argentinean citizens who met in Buenos Aires in late 2000. They developed a romantic

relationship and traveled the world together.

Bernachea was an

attorney in Argentina for over 30 years, but has since retired and invested in American businesses and real estate. In late

2001, at Bernachea's behest, Varela stopped working and moved into his Sunny Isles Beach condominium where the two began

living together. of Varela's

While they were a couple, Bernachea paid all and she showered never her with expensive was as gifts.

expenses that claimed

Varela

claimed she

knew held

Bernachea her out

married. his wife.

Moreover,

Bernachea

Bernachea disputed Varela's claims and asserted that Varela knew he had a wife, yet contented herself with being his mistress. Whatever Bernachea their true as arrangement, a joint Lynch on January with a 4, 2002, of

added to

Varela his

tenant CMA

right Mr.

survivorship Herrera

Merrill

account. banker,

Jorge

("Herrera"),

Bernachea's

long-time

testified

that he related the details of the transaction in Spanish and 2

that Bernachea, a former practicing attorney, never stated that he did not understand the legal significance of a joint tenancy with a right of survivorship during the transaction. As a joint

owner of the account, Varela received a Visa check card for the account, which she freely used. Zoraida received Rosa any ("Rosa") both to Herrera and his assistant Ms. below that they never to the

testified restrict

instruction

Varela's

access

account

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