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20 So. 3d 993·
Fla. 4th DCA·
2009-10-28
·cited 76×
The Florida Fourth District Court of Appeal reversed a circuit court's dismissal of a motor vehicle negligence action based on estoppel, waiver, and election of remedies. The court held that none of these doctrines applied to bar the plaintiff's claim against the defendant, even
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604 So. 2d 854·
Fla. 4th DCA·
1992-07-22
·cited 23×
An insurance company sought to rescind an automobile liability policy after discovering the policyholder had misrepresented household members who operated vehicles. The trial court found the insurer had waived its rescission rights and was estopped from rescinding, but the appell
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512 So. 2d 258·
Fla. 1st DCA·
1987-08-24
·cited 15×
The Florida Department of Environmental Regulation (DER) appeals a trial court's grant of partial summary judgment to C.P. Developers regarding jurisdictional determinations under the Warren S. Henderson Wetlands Protection Act of 1984. The court reverses, holding that genuine di
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177 So. 2d 64·
Fla. 2d DCA·
1965-06-18
·cited 13×
Florida appellate court reversed a foreclosure decree where mortgagors challenged the enforceability of a homestead mortgage lacking proper attestation by two witnesses. The court held that while homestead mortgages require two subscribing witnesses, the mortgagee failed to estab
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471 So. 2d 134·
Fla. 1st DCA·
1985-06-06
·cited 12×
La Croix Construction appealed a workers' compensation determination finding the claimant was its employee, while the claimant cross-appealed regarding the scope of benefits awarded. The court affirmed the employment relationship based on equitable estoppel, reversed portions of
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711 So. 2d 1217·
Fla. 2d DCA·
1998-05-08
·cited 5×
The Florida Department of Transportation appeals a trial court's finding that it is liable for a bank's moving expenses incurred in anticipation of a highway project that would affect the bank's leased premises. The court reverses, holding that equitable estoppel is an affirmativ
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189 So. 2d 168·
Fla. 2d DCA·
1966-07-27
·cited 5×
A Florida appeals court upheld a Circuit Court decision that a municipality was estopped from revoking a validly issued building permit after the property owners had relied on it and incurred substantial expenses in construction. The court reversed only the cost assessment agains
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267 So. 3d 541·
Fla. 1st DCA·
2019-03-28
·cited 4×
Competent, substantial evidence supported the trial court's finding that FDOT continuously and uninterruptedly maintained the subject property for four years beginning no later than May 22, 2007, causing title to vest in FDOT on May 22, 2011, under section 95.361, Florida Statute
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973 F.2d 812·
9th Cir.·
1992-09-01
·cited 4×
The court held that the Greanys' state law claims were preempted by ERISA, reversing the jury verdict on the negligence claim and affirming the dismissal of other claims. The court also affirmed the district court's interpretation of Montana's conversion statute.
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322 So. 3d 740·
Fla. 3d DCA·
2021-06-16
·cited 2×
An insurer is equitably estopped from denying payment to a medical provider based on a late billing defense when the insurer's own faulty research caused the provider to reasonably rely on the insurer's erroneous denial of coverage. Equitable estoppel functions as a shield agains
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204 So. 3d 52·
Fla. 1st DCA·
2016-10-10
·cited 1×
In this workers' compensation case, the Florida First District Court of Appeal reversed a Judge of Compensation Claims' finding that an employer/carrier was estopped from asserting a statute of limitations defense. The court held that the claimant failed to establish the necessar
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881 So. 2d 699·
Fla. 1st DCA·
2004-09-08
·cited 1×
The Florida First District Court of Appeal reversed a trial court's order extending the deadline for filing a claim against an estate, holding that waiver is not a permissible ground for extension and that the appellee failed to demonstrate the necessary elements of estoppel unde
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271 So. 3d 1206·
Fla. 1st DCA·
2019-04-29
Sharon Varricchio appeals a workers' compensation order denying her claim for temporary disability benefits, challenging the retroactive assignment of maximum medical improvement (MMI) by her treating physician. The court affirms the denial, finding competent substantial evidence