Stefano Versace, an individual, Bruno Versace, an individual, and Robert Re, an individual v. Uruven, LLC, a Florida limited liability company

Summary

The Florida Fourth District Court of Appeal held that an express designation on a bank signature card that an account is held as a tenancy by the entireties between spouses conclusively establishes that form of ownership, shielding the account from garnishment for the individual debt of one spouse. Under **Beal Bank, SSB v. Almand & Associates**, 780 So. 2d 45 (Fla. 2001), and **Florida Statute § 655.79(1)**, such an express designation ends the inquiry into ownership, and the common law unities need not be examined. The court reversed the trial court’s garnishment order as to that account but affirmed garnishment of other jointly held accounts.

Holdings

1. An express designation on a bank signature card that an account is held as a tenancy by the entireties ends the inquiry as to the form of ownership and shields the account from garnishment for the individual debt of one spouse; the common law unities need not be examined when there is an express designation.
2. In the absence of a transcript, the appellate court must accept the trial court's rulings as supported by the evidence and affirm.

Questions Presented

1. Whether a bank account expressly designated on the signature card as held by husband and wife as tenants by the entireties is subject to garnishment for the individual debt of one spouse.
2. Whether the trial court erred in allowing garnishment of two other accounts held jointly with right of survivorship with other parties.

Disposition

affirmed in part; reversed in part; and remanded with instructions