Estate of Michael F. Cassiere v. Joseph Cassiere

Syllabus

The defendant, Joseph Cassiere, appealed from the grant of summary judgment in favor of the plaintiff, the Estate of Michael F. Cassiere, on the plaintiff's claim for distribution of trust assets held in the Carmen D. Neumann Revocable Trust (the trust) and on the defendant's counterclaim for breach of fiduciary duty. On appeal, defendant asserted that the trial justice erred (1) in granting summary judgment in favor of plaintiff on both plaintiff's claim and defendant's counterclaim because, he contended, disputed issues of material fact existed that precluded summary judgment (2) because she did not allow the plain language of the trust to control the distribution of assets and (3) in basing her decision in part on plaintiff's affidavit for reimbursement expenses because it was submitted after the motion was granted, notwithstanding that the trial justice ordered that an updated affidavit be filed. The Supreme Court concluded that the Superior Court did not err in granting summary judgment in favor of plaintiff because defendant failed to produce affirmative evidence that demonstrated a genuine issue of material fact regarding his counterclaim for breach of fiduciary duty, even after defendant was allowed a continuance under Rule 56(f) of the Superior Court Rules of Civil Procedure to produce such evidence. The Court noted that defendant's arguments consisted of allegations of belief, not facts, and were insufficient to withstand summary judgment. Next, the Supreme Court held that distribution of the trust was proper because the plain language of the trust indicated that the settlor intended immediate distribution of the trust's assets upon her death. Finally, the Supreme Court held that defendant's argument that the trial justice erroneously relied on plaintiff's updated affidavit of reimbursement expenses was waived because defendant not only failed to object at the hearing but, in fact, acquiesced when the trial justice asked for his preference on the matter. A