339 So.3d 473
Fla. Dist. Ct. App.2022Background
- Decedent Ronald David Scheffler died; Bernard Jones petitioned probate claiming to be sole beneficiary under the decedent’s will and sought appointment as personal representative.
- Kathryn Ervolino, the decedent’s niece, filed a competing petition asserting there was no valid will and asking to be appointed personal representative.
- The parties conducted discovery; Jones amended his petition to seek imposition of a constructive trust.
- Ervolino moved for summary judgment, arguing the will was invalid under section 732.502(1)(c), Florida Statutes, and requested intestate administration.
- The trial court granted summary judgment for Ervolino, denied Jones’s amended petition, and appointed Ervolino as personal representative, but its oral and written rulings contained only conclusory pronouncements and no stated reasons for the decision.
- The appellate court reversed and remanded because the trial court failed to comply with the amended Florida Rule of Civil Procedure 1.510(a) requirement that courts state on the record the reasons for granting or denying summary judgment; the court expressly did not decide the merits.
Issues
| Issue | Plaintiff's Argument (Jones) | Defendant's Argument (Ervolino) | Held |
|---|---|---|---|
| Whether the trial court complied with the amended Fla. R. Civ. P. 1.510(a) requirement to state on the record reasons for granting summary judgment | The trial court’s orders are deficient because they did not state adequate reasons on the record | The summary judgment was properly entered and the court’s rulings were sufficient (implicit) | Reversed and remanded: trial court failed to state reasons with sufficient specificity; must issue an order complying with the amended rule |
| Whether the will is invalid and intestacy should be declared (appointment of personal representative) | The will is valid and Jones is the sole beneficiary; he sought testate administration and a constructive trust | The will is invalid under section 732.502(1)(c) and intestate administration should proceed | Not decided on appeal; appellate court expressed no opinion on the merits and remanded for a rule-compliant ruling |
Key Cases Cited
- Volusia Cnty. v. Aberdeen at Ormond Beach, L.P., 760 So.2d 126 (Fla. 2000) (standard of review for summary judgment is de novo)
- In re Amends. to Fla. R. of Civ. P. 1.510, 317 So.3d 72 (Fla. 2021) (interpreting amended Rule 1.510(a) and requiring courts to state on the record the reasons for granting or denying summary judgment)