Rich v. Narog

Summary

In Rich v. Narog, 366 So. 3d 1111 (Fla. 3d DCA 2022), the court affirmed summary judgment surcharging a personal representative who paid estate debts barred by Florida’s statute of nonclaim. Applying Florida’s new summary judgment standard (which mirrors the federal rule), the court held that the personal representative’s self‑serving affidavit was conclusory and lacked the specific, discrete facts (“who, what, when, where”) necessary to create a genuine issue of material fact as to whether the boat loan was a corporate debt and whether estate assets were used. The decision underscores that under the heightened standard, a nonmovant must present significantly probative evidence to overcome the presumption of improper disbursement that arises from a personal representative’s admitted misadministration of an estate.

Holdings

1. Under Florida's new summary judgment standard, the personal representative's affidavit was conclusory and lacked significant probative value; therefore it was insufficient to create a genuine issue of material fact, and summary judgment surcharging the personal representative was proper because he failed to demonstrate that the boat loan was not a debt of the decedent and that no estate assets were used to repay it.

Questions Presented

1. Whether, under Florida's new summary judgment standard, the personal representative's affidavit was legally sufficient to create a genuine issue of material fact as to whether the boat loan was a liability of the decedent or of the decedent's wholly-owned corporation, and whether estate assets were used to repay the loan.

Disposition

affirmed