ROTHENBERG, J.
This is a consolidated appeal following an interpleader proceeding filed by Bank of America ("the Bank"). The factual and procedural predicate is as follows. In 1998, Keiko Machida ("Machida") opened an IRA, worth in excess of $1,500,000.00, with MBNA America Bank, which later merged with the Bank.
Machida intended for the distribution to be governed by the designation of beneficiaries she outlined in her IRA application ("IRA Simplifier"). Upon opening the IRA, Machida completed and submitted an IRA Simplifier to the Bank. The IRA Simplifier consisted of a three-part form: one original and one carbonized copy, both of which were to be retained by the Bank and scanned into its database, and another carbonized copy that was to be returned to the account holder.
Upon being notified of Machida's death, the Bank discovered that it had misplaced its copies of Machida's IRA Simplifier, and that it had never scanned them into its database. The Bank's comprehensive search for the records proved unavailing. The Bank did, however, locate a computer entry in its Customer Information System, which reads, "REC SIGNED SIMP PRIMARIES ERROL RAINESS HUSBAND 50%, HIDEKAZU YAMASHITA NEPHEW 50%."
Based on this entry, the Bank took the position that Rainess was entitled to fifty percent of the IRA, and that the other fifty percent should be distributed to Hidekazu Yamashita ("Yamashita"), Machida's nephew. Rainess, on the other hand, claimed entitlement to the entire fund, relying on what he alleges is a photocopy of Machida's IRA Simplifier, which lists Rainess as the IRA's sole primary beneficiary.
During a series of phone calls that took place in May and June of 2002, the Bank informed Rainess that pursuant to the IRA agreement and the Certificate of Deposit Account Terms and Conditions that governed the individual certificates of deposit that comprised the IRA, Rainess needed to submit an original or certified copy of Machida's death certificate before any action could be taken as to the IRA. Accordingly, the Bank requested a certified copy of the death certificate; Rainess, however, refused to provide one.
By April of 2003, the Bank informed Rainess that if it did not receive an original or certified copy of the death certificate and an original carbon copy of the IRA Simplifier, it would contact Yamashita and inform him of his options as co-equal beneficiary. The record reflects that Rainess purposely refused to submit a certified copy of Machida's death certificate in an effort to prevent the Bank from disbursing the funds in accordance with its Customer Information System, contrary to his wishes. Consequently the Bank submitted instructions to both Rainess and Yamashita regarding their rights as co-equal beneficiaries.
By the summer of 2004, after neither Rainess nor Yamashita submitted the required documentation necessary for distribution, the Bank filed a Petition for Order to Reopen Estate Administration and for Determination of Beneficiaries on July 16, 2004. On February 5, 2005, the trial court reopened the estate and directed the Bank to file an adversary proceeding. The Bank complied, interpleaded the entire IRA to establish its lawful beneficiaries, and named Rainess and Yamashita as respondents. After filing the interpleader action, the Bank moved to withdraw, but the trial court denied the Bank's motion.
Rainess answered and filed a cross-petition against Yamashita, asserting sole rights to the IRA. Rainess also filed an answer and cross-claim in his capacity as the personal representative of Machida's estate, arguing that if the trial court were unable to establish Machida's intent in determining the beneficiaries, the entire IRA should be distributed to the estate. Yamashita responded to the Bank's interpleader action and the cross-claims of Rainess and the Estate, asserting entitlement to one-half of the IRA proceeds. Lastly, Rainess, as a third party beneficiary of the IRA agreement, filed a counter-petition against the Bank asserting claims of conversion, breach of fiduciary duty, negligence, and breach of contract. Although the Bank moved for final summary judgment on Rainess' tort claims, and a hearing was conducted, the trial court declined to rule on the motion and the case proceeded to trial.
At trial, the Bank presented testimony from a former IRA Department supervisor who examined the document Rainess claims was a copy of Machida's IRA Simplifier. The supervisor concluded that the document was both incomplete and ambiguous, and that if the Bank would have received a copy like the one proffered by Rainess, it would have been rejected and a notation would have been placed on Machida's file. Because no such notation was present in Machida's account, the supervisor concluded that the copy proffered by Rainess could not have been the same copy received by the Bank. The Bank also presented testimony from an expert forensic
At the trial's conclusion, the trial court issued final judgment: (1) awarding equal distribution of Machida's IRA proceeds to Rainess and Yamashita; (2) denying Rainess' motion for prejudgment interest; (3) awarding Rainess post-judgment interest; (4) granting summary judgment in favor of the Bank on Rainess' tort claims; and (5) ruling in favor of the Bank on Rainess' contract claim. The trial court also denied the Bank's motion for attorney's fees.
Rainess appeals the trial court's: (1) decision to allow the Bank to interplead the entire IRA account; (2) denial of his motion for prejudgment interest; and (3) consideration of "secondary evidence" regarding the contents of the IRA Simplifier. The Bank cross-appeals the trial court's: (1) award of post-judgment interest; and (2) order denying the Bank's motion for attorney's fees. The two appeals were consolidated for all purposes by this Court. We affirm all of the trial court's findings, except the award of post-judgment interest to Rainess.
On appeal, Rainess contends that the trial court erred in permitting the Bank to interplead the
The common law standard, however, has been superseded by the enactment of Florida Rule of Civil Procedure 1.240, which states:
(emphasis added). The plain language of rule 1.240 clearly articulates but one requirement for the commencement of an interpleader action: that the stakeholder "is or
(emphasis added); see also 4 Fla. Prac., Civ. P.R. 1.240 (2011-2012) (opining that it is "something of an enigma" that Florida courts continue to cite to the four common law requirements).
We therefore conclude that the sole requirement for the maintenance of an interpleader action is that the stakeholder "is or
Having clarified the standard for maintaining an interpleader action, we now address whether the Bank had a reasonable and bona fide fear of being exposed to multiple liability with respect to the half-share Rainess claims was improperly interpleaded by the Bank. Rainess contends that the Bank was not exposed to multiple liability with respect to his half of the IRA account because the Bank and Yamashita never disputed that Rainess was entitled to a fifty percent share. Therefore, Rainess argues that it was improper for the Bank to interplead that portion of the IRA.
Rainess' argument, however, ignores the record, which reflects that, at the time the Bank interpleaded the fund, the Bank had a reasonable and bona fide fear of being exposed to multiple liability for the entire IRA based on a potential claim from Machida's estate. In its Petition for Order to Reopen Estate Administration and for Determination of Beneficiaries, the Bank identified three possible alternatives for distributing the IRA:
(emphasis added). The second alternative was clearly viable, given the evidentiary deficiencies regarding Machida's intent. Because the Bank misplaced Machida's IRA Simplifier, the only evidence the Bank had with regard to Machida's intent was a computer entry. Further, the authenticity of the alleged copy of Machida's IRA Simplifier produced by Rainess was vigorously challenged. Thus, it was reasonably possible for a finder of fact to conclude that neither the computer entry nor the document produced by Rainess established Machida's intent, in which case Machida's estate would be left with a superior claim to the IRA proceeds. Consequently, at the time the Bank interpleaded the fund, it was justifiably concerned about a potential claim by Machida's estate as to the
Not only was a viable claim on behalf of Machida's estate reasonably possible, but one was actually filed. Rainess filed a cross-claim in his capacity as the personal representative of Machida's estate, stating that if the trial court were unable to establish Machida's intent as to the beneficiaries, the entire IRA should be distributed to the estate.
Rainess attempts to undercut the significance of the estate's claim to the IRA in two respects. First, he argues that since the claim was pled in the "alternative," it did not constitute a "conflicting" claim, and, therefore, there was no potential for multiple liability stemming from the estate's claim. Second, he argues that the Bank interpleaded the IRA long before Rainess asserted a claim on behalf of the estate, and, therefore, at the time the action was filed, there was no justification for interpleading the entire IRA account. Rainess' arguments, however, miss the
Rainess challenges the trial court's denial of his claim for prejudgment interest on the principal amount of his "uncontested half" of the IRA. Rainess claims that he is entitled to prejudgment interest as a result of being awarded fifty percent of Machida's IRA. Rainess is incorrect.
"Florida has adopted the position that prejudgment interest is [an] element of pecuniary
Rainess argues that the alleged photocopy of Machida's IRA Simplifier satisfied the best evidence rule, and that, consequently, the trial court erred in considering the notation in the Bank's computer information system as secondary evidence in determining the contents of Machida's IRA Simplifier.
Since the contents of the IRA Simplifier gave rise to legal rights, the process of proving them is governed by the best evidence rule, which is codified in sections 90.952-.954, Florida Statutes (2009). See Griem v. Zabala, 744 So.2d 1139, 1140 (Fla. 3d DCA 1999). Section 90.952 provides that "[e]xcept as otherwise provided by statute, an original writing ... is required in order to prove the contents of the writing." Under the best evidence doctrine, admission of an "original" precludes consideration of secondary evidence as proof of the contents of the original. State v. Eubanks, 609 So.2d 107, 109 (Fla. 4th DCA 1992) ("The best evidence rule requires that if original evidence is available, then no other evidence should be received which is merely substitutionary in nature."). In the absence of an original, however, section 90.953(2) allows for the admission of a "duplicate" "to the
In this case, Rainess introduced what he claims is a photocopy of the IRA Simplifier executed by Machida. He argues that this copy is a "duplicate" of the original, and was, therefore, admissible to the same extent as the original, thus precluding admission of other evidence regarding the contents of the IRA Simplifier. We disagree because there was a genuine question raised about the authenticity of the "duplicate" presented by Rainess.
The Bank presented the testimony of a former supervisor of its IRA department, who stated that the alleged copy submitted by Rainess was ambiguous and incomplete, most notably because it did not identify primary beneficiaries for the full amount of the IRA. She also explained that pursuant to the Bank's comprehensive, written procedures, associates were charged with reviewing incoming IRA Simplifiers for completeness, and that if they had received an ambiguous or incomplete IRA Simplifier, like the copy proffered by Rainess, such a deficiency would have been noted, and the IRA Simplifier would have been returned to Machida for correction. The supervisor noted that Machida's account lacked any such notation, and, therefore, concluded that the copy proffered by Rainess could not have been the copy received by the Bank.
In addition, the Bank presented the testimony of an expert forensic document examiner. With regard to the document proffered by Rainess, the document examiner opined "there is some indication that put me off about this document." More specifically, he stated:
While the document examiner stated that he could not definitively determine that the copy was a forgery, he stated, with regard to the imperfection in the document,
We find that the totality of this evidence was legally sufficient to create a genuine question regarding the authenticity of the duplicate. Thus, the trial court properly concluded that the document introduced by Rainess was not admissible under section 90.953 "to the same extent as an original," meaning that its admission into evidence did not preclude consideration of secondary evidence in determining the contents of the original. We note, however, that while Rainess' document was not admissible under section 90.953, it was clearly admissible, and ultimately admitted, under section 90.954 as secondary evidence. See Garcia v. Lopez, 483 So.2d 470, 471 (Fla. 3d DCA 1986) ("Section 90.954 is broader than section 90.953-a copy which is not admissible under section 90.953 as a duplicate may still be admissible under section 90.954.").
Having established that the original copy of the IRA Simplifier was lost or misplaced, and that there was no equivalent of the original proffered, the trial court, pursuant to section 90.954, properly admitted the Bank's secondary evidence regarding the contents of Machida's IRA Simplifier. Based on this secondary evidence, which is outlined below, the trial court determined that Rainess and Yamashita were co-equal primary beneficiaries.
First, the Bank established that it received Machida's IRA Simplifier on January 8, 1999. The Bank also presented testimony that pursuant to its written procedures, associates at that time were instructed to enter beneficiary designations into its Customer Information System only after verifying the IRA Simplifier's completeness. The Bank then introduced a computer entry outlining Machida's designation of beneficiaries from its Customer Information System, which reads: "REC SIGNED SIMP PRIMARIES ERROL RAINESS HUSBAND 50%, HIDEKAZU YAMASHITA NEPHEW 50%." The Bank testified that this entry was created by Michelle Druez, who was a highly trained "resident expert ... in terms of setting up and providing IRA accounts and providing training to other associates." Based on this record, we find that the trial court's determination that Machida designated Rainess and Yamashita as co-equal fifty percent beneficiaries was supported by substantial competent evidence.
Given our affirmance of the trial court's finding that Rainess and Machida were co-equal primary beneficiaries, we need not reach Rainess' remaining arguments regarding the claims made in his counter-petition and the trial court's denial of his motion for leave to add a claim for punitive damages, as these claims were dependent on a finding that the Bank improperly withheld his fifty percent share and erred by impleading the entire IRA account.
On cross-appeal, the Bank contends the trial court erred in denying its motion for attorney's fees and costs. The Bank argues that it was a disinterested stakeholder that was not responsible for creating the conflicting claims and was therefore entitled to attorney's fees.
To be entitled to attorney's fees in an interpleader action, a stakeholder must "prove his total disinterest in the stake he holds other than that of bringing it into court so that conflicting claims thereto can be judicially determined" and "show that he did
The contents of Machida's IRA Simplifier were dispositive of the primary issue in contention, namely who was entitled to what portion of the IRA. It is therefore clear that the Bank's misplacement of the IRA Simplifier contributed significantly to the commencement and litigation of the claims below. If the Bank had scanned the IRA Simplifier and properly maintained it in its records, as it was obligated to do, the document would have precluded the conflicting claims, or easily disproved any claim inconsistent with the designation of beneficiaries in the IRA Simplifier. Therefore, it cannot be said that the Bank did nothing to contribute to the conflicting claims. Accordingly, we affirm the trial court's denial of the Bank's motion for attorney's fees.
Post-judgment interest is governed by section 55.03(2), Florida Statutes (2009), which states:
Section 55.03(2), by its plain language, applies only to: (1) a judgment for money damages; (2) an order for a judicial sale; and (3) any process directed to a sheriff for execution. As explained above, Rainess was not awarded "damages" in this case, and the latter two categories are clearly inapplicable to this litigation. See also Gay v. Beary, 758 So.2d 1242, 1245 (Fla. 5th DCA 2000) (holding that "section 55.03 applies expressly and literally to `judgments obtained against a party' not property held pending completion of forfeiture proceedings"). We therefore reverse the trial court's award of post-judgment interest.
We decline to specifically address any of the remaining arguments on appeal based on our finding that they are without merit.
Affirmed in part, reversed in part.