In short: In Briggs v. Robinson (Fla. 2d DCA 2019), a son appealed individually and as personal representative of his father’s estate against an individual and an LLC. The Second District affirmed without opinion on May 17, 2019. Suing in both capacities raises separate questions of standing, conflicts, and who benefits from a recovery.
A personal representative who is also an heir often wears two hats in the same lawsuit. The law treats them separately.
The Case
The appellant appealed both individually and as personal representative of his father’s estate (No. 2D17-4823), from a Hillsborough County circuit court judgment in favor of an individual and a limited liability company. The underlying dispute isn’t described in the court record available online.
The Result
The Second District affirmed without opinion on May 17, 2019. A per curiam affirmance (PCA) means the appellate court agreed with the result below without writing an opinion. It sets no precedent, and because there is no opinion, the Florida Supreme Court generally can’t review it. The issues described here are the ones argued; the court didn’t say which arguments it accepted.
Two Capacities, Two Sets of Rules
- As personal representative, a person acts for the estate and owes fiduciary duties to all beneficiaries and creditors. Claims that belonged to the decedent are brought by the PR (§ 733.612).
- Individually, a person can sue only for their own injuries or interests.
- Conflicts: a PR who sues for personal benefit, or settles in a way that helps themselves over the estate, can face a conflict-of-interest objection (§ 733.610).
- Fees and costs: a PR may be reimbursed from the estate for litigation in good faith for the estate (§ 733.6175 and § 733.106), but not for personal claims.
Lessons
- Decide early which claims belong to the estate and which are personal.
- Keep estate funds and personal litigation costs separate.
- A losing appeal can leave costs to be allocated between the PR and the estate.
Source: Briggs v. Robinson, No. 2D17-4823 (Fla. 2d DCA May 17, 2019).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. The court affirmed without a written opinion, so nothing said at argument should be read as the court’s reasoning.
Estate Personal Representative Appeal | Briggs v. Robinson & Vibekah Fallen Two | 2D17-4823
Go Deeper
- The Florida Probate Process Step by Step: What the Personal Representative Must Do and the 12-Month Clock
- How to Remove a Personal Representative in Florida — § 733.504 Florida Statutes Explained
Frequently Asked Questions
Can a personal representative sue on behalf of the estate?
Yes. The PR brings the decedent’s claims and may prosecute actions for the estate (§ 733.612).
Can a PR also sue individually in the same case?
Yes, for personal claims, but the capacities must be kept separate and conflicts can arise.
Who pays a PR's litigation costs?
The estate may pay for good-faith litigation on its behalf; personal claims are the PR’s own cost.
What happened in Briggs v. Robinson?
The Second District affirmed without opinion in 2019.
Talk to a Florida probate litigation lawyer
Weidner Law, P.A. handles Florida probate litigation and appeals from St. Petersburg. If you need a probate appeal lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
