Logourl black
From our private database of 14,100+ case briefs...

Quintana v. Ordono

Court of Appeals of Florida
195 So. 2d 577 (1967)


Facts

Mr. Quintana was an employee of Okeelanta Sugar Refinery, Inc. (Okeelanta), a Florida company. Mr. Quintana had the opportunity to purchase shares in Okeelanta stock, and he purchased 5,000 shares in 1952 and again in 1958. The stock shares were considered moveable property. In 1961, Okeelanta stock had a ten-for-one split, and, as a result, Mr. Quintana owned 100,000 shares. Mr. Quintana sold his shares of Okeelanta stock for a promissory note in the amount of $810,000, which he held at the time of his death. Mr. Quintana's children from a previous marriage (plaintiffs) brought an action to determine that the promissory note was an asset of the estate and was not community property. Carmen Quintana (defendant), the widow of Mr. Quintana, had lived with her husband in Cuba from their marriage in 1936 until they moved to Florida in 1960, where they remained until her husband's death in 1963. Mr. Quintana worked in Florida but continued to be domiciled in and regularly visited Cuba until he and his wife together moved to Florida. Cuba had a community-property domestic-relations legal scheme that held that all property acquired during the marriage was community property. The trial court ruled that the promissory note was the separate property of Mr. Quintana and that Mrs. Quintana had no rights other than her rights as an intestate spouse under Florida probate law. Mrs. Quintana appealed the trial court's decision.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Hendry, C.J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 218,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.