Lee B. Arberg and Melissa A. Quinn - Page 35



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               However, for the sake of completeness, the Court would note            
          briefly that even if the Court were to deny respondent’s motion             
          and/or rule against respondent on the duty of consistency                   
          argument, none of the theories advanced by petitioners would be             
          sufficient to overcome the form of the E Trade account and thus             
          to show that transactions therein should be considered those of             
          Mr. Arberg.  To highlight a few shortcomings, the Court would               
          begin by observing that petitioners have generally failed to                
          introduce evidence that would establish the factual predicate for           
          the doctrines they cite.                                                    
               As to an alleged power of attorney, petitioners have not               
          proffered even one document related to any such grant of                    
          authority.  Furthermore, even if the record corroborated a power            
          of attorney in favor of Mr. Arberg, that fact would actually cut            
          against petitioners’ position, indicating instead that Mr. Arberg           
          was acting on Ms. Quinn’s behalf and dealing with her property,             
          not his own.                                                                
               Likewise, to show either a resulting or a constructive trust           
          under Georgia law, petitioners would need as a threshold matter             
          to establish the source of the funding for the E Trade account.             
          See Ga. Code Ann. secs. 53-12-91, 53-12-92, 53-12-93 (1997).  Yet           
          petitioners did not introduce any document related to tracing the           
          moneys deposited in the E Trade account (or, for that matter,               
          even to the opening of the account) and only testified generally            






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