Friend v. FarrantAnnotate this Case
This is appellant's third appeal concerning the conservatorship of the person and estate of his mother, Norma Farrant. The Court of Appeal affirmed the probate court's orders requiring him to pay $63,448.90 for misappropriation of Norma's assets, surcharging in the same amount appellant's share of interpled funds, and imposing sanctions of $121,000 for failing to timely file an accounting of his actions relating to Norma's estate.
The court concluded that the probate court did not erroneously order accounting where there was a special relationship between appellant and Norma that warranted the order compelling appellant to account for the pension checks and rental income, and the probate court did not err because there was a fiduciary relationship between appellant and Norma. The court also concluded that appellant forfeited his claim that the probate court's order was based on affidavits and declarations where he did not object to the probate court's consideration of these items. Finally, the court concluded that the probate court properly denied appellant's request for an evidentiary hearing; appellant has not shown prejudice; and appellant's new claims lack merit.