Accessibility Statement Skip Navigation
  • Why PRWeb
  • How It Works
  • Who Uses It
  • Pricing
  • Login
  • GDPR
  • Create a Free Account
Return to PRWeb homepage
  • News
  • Resources
  • Contact
When typing in this field, a list of search results will appear and be automatically updated as you type.

Searching for your content...

No results found. Please change your search terms and try again.
  • News in Focus
      • Browse News Releases

      • All News Releases
      • Multimedia Gallery

      • All Multimedia
      • All Photos
      • All Videos
  • Business & Money
      • Auto & Transportation

      • Aerospace, Defense
      • Air Freight
      • Airlines & Aviation
      • Automotive
      • Maritime & Shipbuilding
      • Railroads and Intermodal Transportation
      • Supply Chain/Logistics
      • Transportation, Trucking & Railroad
      • Travel
      • Trucking and Road Transportation
      • View All Auto & Transportation

      • Business Technology

      • Blockchain
      • Broadcast Tech
      • Computer & Electronics
      • Computer Hardware
      • Computer Software
      • Data Analytics
      • Electronic Commerce
      • Electronic Components
      • Electronic Design Automation
      • Financial Technology
      • High Tech Security
      • Internet Technology
      • Nanotechnology
      • Networks
      • Peripherals
      • Semiconductors
      • View All Business Technology

      • Entertain­ment & Media

      • Advertising
      • Art
      • Books
      • Entertainment
      • Film and Motion Picture
      • Magazines
      • Music
      • Publishing & Information Services
      • Radio & Podcast
      • Television
      • View All Entertain­ment & Media

      • Financial Services & Investing

      • Accounting News & Issues
      • Acquisitions, Mergers and Takeovers
      • Banking & Financial Services
      • Bankruptcy
      • Bond & Stock Ratings
      • Conference Call Announcements
      • Contracts
      • Cryptocurrency
      • Dividends
      • Earnings
      • Earnings Forecasts & Projections
      • Financing Agreements
      • Insurance
      • Investments Opinions
      • Joint Ventures
      • Mutual Funds
      • Private Placement
      • Real Estate
      • Restructuring & Recapitalization
      • Sales Reports
      • Shareholder Activism
      • Shareholder Meetings
      • Stock Offering
      • Stock Split
      • Venture Capital
      • View All Financial Services & Investing

      • General Business

      • Awards
      • Commercial Real Estate
      • Corporate Expansion
      • Earnings
      • Environmental, Social and Governance (ESG)
      • Human Resource & Workforce Management
      • Licensing
      • New Products & Services
      • Obituaries
      • Outsourcing Businesses
      • Overseas Real Estate (non-US)
      • Personnel Announcements
      • Real Estate Transactions
      • Residential Real Estate
      • Small Business Services
      • Socially Responsible Investing
      • Surveys, Polls and Research
      • Trade Show News
      • View All General Business

  • Science & Tech
      • Consumer Technology

      • Artificial Intelligence
      • Blockchain
      • Cloud Computing/Internet of Things
      • Computer Electronics
      • Computer Hardware
      • Computer Software
      • Consumer Electronics
      • Cryptocurrency
      • Data Analytics
      • Electronic Commerce
      • Electronic Gaming
      • Financial Technology
      • Mobile Entertainment
      • Multimedia & Internet
      • Peripherals
      • Social Media
      • STEM (Science, Tech, Engineering, Math)
      • Supply Chain/Logistics
      • Wireless Communications
      • View All Consumer Technology

      • Energy & Natural Resources

      • Alternative Energies
      • Chemical
      • Electrical Utilities
      • Gas
      • General Manufacturing
      • Mining
      • Mining & Metals
      • Oil & Energy
      • Oil and Gas Discoveries
      • Utilities
      • Water Utilities
      • View All Energy & Natural Resources

      • Environ­ment

      • Conservation & Recycling
      • Environmental Issues
      • Environmental Policy
      • Environmental Products & Services
      • Green Technology
      • Natural Disasters
      • View All Environ­ment

      • Heavy Industry & Manufacturing

      • Aerospace & Defense
      • Agriculture
      • Chemical
      • Construction & Building
      • General Manufacturing
      • HVAC (Heating, Ventilation and Air-Conditioning)
      • Machinery
      • Machine Tools, Metalworking and Metallurgy
      • Mining
      • Mining & Metals
      • Paper, Forest Products & Containers
      • Precious Metals
      • Textiles
      • Tobacco
      • View All Heavy Industry & Manufacturing

      • Telecomm­unications

      • Carriers and Services
      • Mobile Entertainment
      • Networks
      • Peripherals
      • Telecommunications Equipment
      • Telecommunications Industry
      • VoIP (Voice over Internet Protocol)
      • Wireless Communications
      • View All Telecomm­unications

  • Lifestyle & Health
      • Consumer Products & Retail

      • Animals & Pets
      • Beers, Wines and Spirits
      • Beverages
      • Bridal Services
      • Cannabis
      • Cosmetics and Personal Care
      • Fashion
      • Food & Beverages
      • Furniture and Furnishings
      • Home Improvement
      • Household, Consumer & Cosmetics
      • Household Products
      • Jewelry
      • Non-Alcoholic Beverages
      • Office Products
      • Organic Food
      • Product Recalls
      • Restaurants
      • Retail
      • Supermarkets
      • Toys
      • View All Consumer Products & Retail

      • Entertain­ment & Media

      • Advertising
      • Art
      • Books
      • Entertainment
      • Film and Motion Picture
      • Magazines
      • Music
      • Publishing & Information Services
      • Radio & Podcast
      • Television
      • View All Entertain­ment & Media

      • Health

      • Biometrics
      • Biotechnology
      • Clinical Trials & Medical Discoveries
      • Dentistry
      • FDA Approval
      • Fitness/Wellness
      • Health Care & Hospitals
      • Health Insurance
      • Infection Control
      • International Medical Approval
      • Medical Equipment
      • Medical Pharmaceuticals
      • Mental Health
      • Pharmaceuticals
      • Supplementary Medicine
      • View All Health

      • Sports

      • General Sports
      • Outdoors, Camping & Hiking
      • Sporting Events
      • Sports Equipment & Accessories
      • View All Sports

      • Travel

      • Amusement Parks and Tourist Attractions
      • Gambling & Casinos
      • Hotels and Resorts
      • Leisure & Tourism
      • Outdoors, Camping & Hiking
      • Passenger Aviation
      • Travel Industry
      • View All Travel

  • Policy & Public Interest
      • Policy & Public Interest

      • Advocacy Group Opinion
      • Animal Welfare
      • Congressional & Presidential Campaigns
      • Corporate Social Responsibility
      • Domestic Policy
      • Economic News, Trends, Analysis
      • Education
      • Environmental
      • European Government
      • FDA Approval
      • Federal and State Legislation
      • Federal Executive Branch & Agency
      • Foreign Policy & International Affairs
      • Homeland Security
      • Labor & Union
      • Legal Issues
      • Natural Disasters
      • Not For Profit
      • Patent Law
      • Public Safety
      • Trade Policy
      • U.S. State Policy
      • View All Policy & Public Interest

  • People & Culture
      • People & Culture

      • Aboriginal, First Nations & Native American
      • African American
      • Asian American
      • Children
      • Diversity, Equity & Inclusion
      • Hispanic
      • Lesbian, Gay & Bisexual
      • Men's Interest
      • People with Disabilities
      • Religion
      • Senior Citizens
      • Veterans
      • Women
      • View All People & Culture

  • Hamburger menu
  • Cision PRWeb provides efficient communication tools to continuously engage with target audiences across multiple online channels
  • Create a Free Account
    • ALL CONTACT INFO
    • Contact Us


      11AM ET Sunday – 8PM ET Friday

  • Send a Release
  • Sign up
  • Log in
  • Resources
  • RSS
  • GDPR
  • News in Focus
    • Browse All News
    • Multimedia Gallery
  • Business & Money
    • Auto & Transportation
    • Business Technology
    • Entertain­ment & Media
    • Financial Services & Investing
    • General Business
  • Science & Tech
    • Consumer Technology
    • Energy & Natural Resources
    • Environ­ment
    • Heavy Industry & Manufacturing
    • Telecomm­unications
  • Lifestyle & Health
    • Consumer Products & Retail
    • Entertain­ment & Media
    • Health
    • Sports
    • Travel
  • Policy & Public Interest
  • People & Culture
    • People & Culture
  • Send a Release
  • Sign up
  • Log in
  • Resources
  • RSS
  • GDPR
  • Send a Release
  • Sign up
  • Log in
  • Resources
  • RSS
  • GDPR
  • Send a Release
  • Sign up
  • Log in
  • Resources
  • RSS
  • GDPR

Estate of Makovsky vs. Bank of America, N.A.Motion for Sanctions results in a Rebuttable Court Instruction to the Jury that “Bank of America’s Records are Not Reliable.”
  • USA - English


News provided by

Shiner Law Group

Apr 11, 2018, 03:00 ET

Share this article

Share toX

Share this article

Share toX

BOCA RATON, Fla. (PRWEB) April 11, 2018 -- A Palm Beach Circuit Court Judge has issued sanctions against Bank of America, one of the nation’s leading financial institutions. According to the lawsuit, Estate of Makovsky vs. Bank of America, N.A. (Case Number: 50-2013-CA-018966-XXXX-MB), Bank of America is accused of allegedly misappropriating the funds of a deceased Palm Beach County woman.

According to the Court’s Order issued on April 3, 2018, the Honorable Lisa S. Small ruled that the Estate’s case against Bank of America, “hinges on recordkeeping.” In making the ruling, the Court stated that “[Bank of America] is responsible for failure to present the documents that are critical to the case and [Bank of America] is responsible for making the misrepresentations during the deposition.” As a result, and after the evidentiary hearing, Judge Small awarded attorney’s fees to the Estate, struck Bank of America’s previously filed Motion for Summary Judgment and, “will send a rebuttable instruction to the jury that [Bank of America’s] records are not reliable.”

David I. Shiner, one of the trial attorneys representing the Estate, said that the allegations against Bank of America include Bank of America’s failure to account for a $75,000 Certificate of Deposit, which Jean Irene Makovsky opened in 1992 and held in trust for the benefit of her four sons. According to the allegations, Jean Irene Makovsky originally opened the Certificate of Deposit with MBNA (Maryland Bank), which Bank of America subsequently acquired in 2006 along with all of its customers, accounts, and funds.

It is alleged that Ms. Makovsky died prior to redeeming the Certificate of Deposit funds. When Ms. Makovsky died, her sons thereafter presented the Certificate of Deposit confirmation to Bank of America and were unsuccessful in recovering the funds. Bank of America has denied any record of Ms. Makovsky’s Certificate of Deposit funds.

According to attorney Ronnie M. Gotti, in 2015, Bank of America produced Ms. Makovsky’s bank records with Bank of America. However, the records Bank of America produced did not include Ms. Makovsky’s bank records for the critical time for when Bank of America acquired MBNA in 2006. Mr. Gotti explained that the critical records for the time period of September 2004 through February 2008 were not produced until October 11, 2017, which was just prior to trial. As reflected in the Court’s April 3, 2018 ruling, “[Bank of America] did not provide an adequate explanation as to why these documents [i.e., September 2004 through February 2008] were not produced earlier.”

The Court’s ruling also addressed allegations surrounding Bank of America’s corporate representative’s deposition testimony; at his deposition, Bank of America’s corporate representative testified that certain documents produced by Bank of America were, “irrelevant.” Subsequently, Bank of America’s corporate representative attempted to clarify his testimony vis-à-vis an errata sheet filed on October 11, 2017, just prior to trial and the same date the critical records were produced. In the Court’s ruling, the Judge found that “[Bank of America] did not provide an adequate explanation for the gap in time for [Bank of America’s corporate representative] to come forward with his clarification.”

This case, which the Estate originally brought in 2013, is currently reset for trial in the summer of 2018. After more than five years of litigation, the Estate is ready to have a Palm Beach County jury finally determine the ultimate disposition of what occurred to Ms. Makovsky’s Certificate of Deposit funds.

About Shiner Law Group

Founded on the principles of dedicated service, honest communications and competent and aggressive representation, Shiner Law Group, based in Boca Raton, serves individuals and business in civil cases throughout Florida including Palm Beach, Broward, Martin, and St. Lucie counties. If you have suffered unnecessary physical or financial harm, you have the fundamental right in the State of Florida to choose an attorney. Call Shiner Law Group at 561-777-7700 for a free consultation, 24/7. Your best interests are the Shiner Law Group’s foremost interest https://shinerlawgroup.com/

Celia Quitugua, Shiner Law Group, https://shinerlawgroup.com/, +1 561-777-7700, [email protected]

Modal title

Estate of Makovsky vs. Bank of America, N.A.
Estate of Makovsky vs. Bank of America, N.A.
Estate of Makovsky vs. Bank of America, N.A.

Contact PRWeb

  • 11AM ET Sunday – 8PM ET Friday
  • Contact Us

About PRWeb

  • About PRWeb
  • Partners
  • Partnership Programs
  • Editorial Guidelines
  • Resources

Why PRWeb

  • Why PRWeb
  • How It Works
  • Who Uses It
  • Pricing

Accounts

  • Create a Free Account
  • Log in
  • Contact Us

Do not sell or share my personal information:

  • Submit via [email protected] 
  • Call Privacy toll-free: 877-297-8921

Contact Cision

Products

About

My Services
  • All News Releases
  • Online Member Center
  • ProfNet
Cision Distribution Helpline
888-776-0942
  • Legal
  • Site Map
  • RSS
  • Cookie Settings
Copyright © 2025 Cision US Inc.