OTTO DI VOSTA AND VERNA DI VOSTA, APPELLANTS,
v.
BOAM CORPORATION, A DELAWARE CORPORATION, AND JAMES T. BENN, APPELLEES
OTTO DI VOSTA AND VERNA DI VOSTA, APPELLANTS,
BOAM CORPORATION, A DELAWARE CORPORATION, AND JAMES T. BENN, APPELLEES
110 So. 2d 42
Florida District Court of Appeal, Third District (1959)
Caution
Cited by 19 cases
Opinion of the Court
The court has carefully considered the assignments of error, briefs, the record of the proceedings below, and oral argument of counsel for the respective parties. The burden here of clearly demonstrating error is upon the appellants. We conclude they have failed to carry that burden and failing so to do, the judgment appealed should be and it is hereby affirmed.
Affirmed.
CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hensel v. Aurilio, 417 So. 2d 1035 (Fla. 4th DCA 1982)…ce when common honesty and fair dealing demanded that a person es-topped should have spoken.” (Overruled on other grounds in Rinker Materials Corp. v. Palmer First National Bank & Trust Co. of Sarasota, 361 So. 2d 156 (Fla.1978).) In Doyle v. Tutan, 110 So. 2d 42, 46-47 (Fla. 3d DCA 1959), application of the doctrine was explained as it applies to real property: Equitable estoppel, so far as it relates to the trial of title to land, is a doctrine by which a party is prevented from setting up his legal title…
-
Head v. Lane, 495 So. 2d 821 (Fla. 4th DCA 1986)…son, 662 F. 2d 1098, 1102 (5th Cir.1981). Another form of estoppel occurs where a person attempts to repudiate the obligations and validity of a transaction after accepting the benefits resulting from it. This rule was recognized in Doyle v. Tutan, 110 So. 2d 42, 47 (Fla. 3d DCA 1959), where the court quoted with approval the following language contained in 19 Am. Jur., Estoppel, sec. 64: “Estoppel is frequently based upon the acceptance and retention by one having knowledge or notice of the facts of benef…
-
Willard v. Hallam, 132 So. 2d 198 (Fla. 2d DCA 1961)…se he has through his acts, words, or silence led another to take a position in which the assertion of the legal title would be contrary to equity and good conscience. Terrell v. Weymouth, 1893, 32 Fla. 255, 13 So. 429; Doyle v. Tutan, Fla.App.1959, 110 So. 2d 42. The principle upon which an es-toppel by silence or inaction is grounded derives from the rule of equity that if one is silent when he ought to speak he will be foreclosed from speaking when conscience requires him to be silent. Hendricks v. Stark…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence