Rich v. Narog
The Third DCA affirmed a partial final summary judgment surcharging a personal representative roughly $2.54 million for paying fifteen alleged personal debts of the decedent, including a $1.5 million 'boat loan' to himself, where no creditor filed a timely claim within the two-year nonclaim period of section 733.710. The court held that the PR's self-serving affidavit asserting the loan was owed by the decedent's wholly-owned offshore corporation was conclusory and non-probative under Florida's new federal summary judgment standard, and thus failed to create a triable issue.
Key facts
- Personal representative of a decedent's estate paid approximately $2.54 million in alleged personal debts of the decedent from estate assets within the two-year nonclaim period, including a $1.5 million boat loan to himself, without creditors filing timely claims.
- Trial court entered partial summary judgment surcharging the personal representative; personal representative opposed by submitting an affidavit asserting the boat loan was owed by the decedent's wholly-owned offshore corporation rather than the decedent personally.
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Why it matters
This is one of the clearer Third DCA illustrations of how the post-May 2021 summary judgment standard changes outcomes: the court expressly states that the same affidavit would 'in all likelihood' have survived under… — full analysis with a trial
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