Estoppel By Conduct

68 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Blau v. DEL Monte Corp.
  748 F.2d 1348· 9th Cir.· 1984-12-05 ·cited 125×
  The court held that the district court erred in granting summary judgment because Del Monte's denial of severance benefits could not be deemed not arbitrary and capricious as a matter of law, given Del Monte's wholesale violations of ERISA's reporting, disclosure, and fiduciary d
• Webb v. Scott
  129 Fla. 111· Fla.· 1936-12-22 ·cited 84×
  Property owners challenged a paving assessment and certificate against their lot as unconstitutional and as an invalid special assessment that did not account for actual benefits received. The court upheld the assessment on estoppel grounds, finding that prior owners had signed t
• State v. Town of Boynton Beach
  129 Fla. 528· Fla.· 1937-07-19 ·cited 74×
  This case addresses the constitutional limits on the Florida Legislature's power to create municipalities. The Supreme Court reversed a trial court judgment, holding that lands that receive no municipal benefits and are unsuitable for municipal purposes cannot be constitutionally
• Atlanta & St. Andrews Bay Ry. Co. v. Thomas
  60 Fla. 412· Fla.· 1910-06-01 ·cited 64×
  A railroad company agreed to build a depot at a specific location on land conveyed by local property owners as consideration for the right of way. The railroad accepted the benefit of the land conveyance but failed to construct the promised depot. The Florida Supreme Court upheld
• Amma H. Shone v. Bellmore
  75 Fla. 515· Fla.· 1918-04-08 ·cited 59×
  The Florida Supreme Court held that a testator's will cannot deprive a posthumous child or widow of their homestead exemption rights under the Florida Constitution. The court affirmed the lower court's overruling of demurrers to a bill seeking to declare the homestead void and vo
• Barnes v. Willis
  65 Fla. 363· Fla.· 1913-04-15 ·cited 58×
  The appellate court affirmed a lower court's dismissal of a suit to annul a divorce decree. The appellant, claiming the divorce was obtained by fraud and without proper notice, waited eleven years and until after her ex-husband's death to file suit, which the court found to be an
• Jackson v. Relf
  26 Fla. 465· Fla.· 1890-06-01 ·cited 57×
  Jackson challenges a foreclosure decree on a mortgage securing promissory notes for land purchased in 1872. The Florida Supreme Court affirmed the foreclosure, rejecting Jackson's merger defense based on the mortgagees' tax purchase of the property, holding that merger does not o
• In re Tex. Mortg. Servs. Corp. v. Guadalupe Sav. & Loan Ass'n
  761 F.2d 1068· 5th Cir.· 1985-06-03 ·cited 51×
  The court held that Guadalupe Savings & Loan is estopped from denying the enforceability of its promise to maintain the certificates of deposit as trust funds, affirming the district court's turnover order.
• Jaudon v. Equitable Life Assurance Soc'y of the United States
  102 Fla. 782· Fla.· 1931-08-07 ·cited 50×
  The Florida Supreme Court reviewed a mortgage foreclosure proceeding brought by Equitable Life Assurance Society against the Jaudons, addressing whether the trial court properly awarded solicitor's fees and whether the mortgage assignment was validly shown. The Court reversed in
• Bergeron v. Mansour
  152 F.2d 27· 1st Cir.· 1945-11-23 ·cited 48×
  The court held that under Massachusetts law, a defendant may be precluded from asserting the statute of limitations as a bar if their conduct, upon which the plaintiff reasonably relied, makes it inequitable to allow the defense.
• The State of Fla. ex rel. Fred H. Davis v. City of Eau Gallie
  99 Fla. 579· Fla.· 1930-03-18 ·cited 41×
  The Florida Supreme Court denied a quo warranto petition challenging the City of Eau Gallie's authority to annex and tax rural lands that allegedly received no municipal benefits. The Court held that the property owners' acceptance of municipal services, payment of taxes without
• Fla. Livestock Bd. v. Gladden
  76 So. 2d 291· Fla.· 1954-12-10 ·cited 38×
  The Florida Supreme Court affirmed a judgment awarding compensation to a hog owner whose animals were destroyed due to Vesicular Exanthema, holding that the Florida Livestock Board's regulations effectively postponed the garbage-cooking requirement's compliance deadline from Augu
• Jambs F. Mansfield and Joseph J. Bishop v. Johnson
  51 Fla. 239· Fla.· 1906-01-01 ·cited 35×
  In this property dispute, the Florida Supreme Court affirmed a judgment upholding Johnson's superior title acquired through a sheriff's sale executed on a judgment lien, despite competing claims by other parties who argued they held equitable interests in the land. The Court held
• COX v. LA Pota
  76 So. 2d 662· Fla.· 1954-12-21 ·cited 31×
  Florida Supreme Court affirmed a decree for specific performance of a land sale contract despite the seller's challenge that the contract lacked proper witness attestation. The court held that the sellers were estopped from raising the defect because they led the buyers to perfor
• Fred S. Conard Constr. Co. v. Exch. Bank of St. Augustine
  178 So. 2d 217· Fla. 1st DCA· 1965-08-19 ·cited 30×
  Fred S. Conard Construction Company appeals from summary judgment requiring it to pay the Exchange Bank of St. Augustine $4,720 in assigned payments owed to a subcontractor who had defaulted. The court holds that an assignee of contract payments takes subject to all equities and
• Parkinson v. The Cal. Co.
  233 F.2d 432· 10th Cir.· 1956-03-15 ·cited 27×
  The court held that the plaintiff's complaint stated a claim upon which relief could be granted and that prior state court pleadings were evidentiary, not conclusive, and did not preclude the federal action.
• Phillips Petroleum Co. v. Rau Const. Co.
  130 F.2d 499· 8th Cir.· 1942-08-19 ·cited 26×
  The court held that the construction contract was not void for uncertainty or lack of mutuality, and that the fraud and breach claims were waived or unsupported by evidence.
• Fla. Land Holding Corp. v. McMillen
  135 Fla. 431· Fla.· 1938-07-06 ·cited 26×
  Florida Land Holding Corporation appeals a foreclosure decree awarding plaintiff L. P. McMillen priority in a mortgage lien dispute over the same ten acres of land in Hillsborough County. The case turns on whether McMillen's later-recorded purchase-money mortgage is subordinate t
• Stewart v. Preston
  1 Fla. 10· Fla.· 1846-01-01 ·cited 26×
  Stewart appeals from a judgment denying his foreclosure petition on a mortgage given by Preston to secure indemnity of endorsers on certain notes. The Florida Supreme Court reverses, holding that the mortgage was given not merely for indemnity but primarily to secure payment of t
• City Nat'l Bank OF Miami v. Alf H. Blake
  257 So. 2d 264· Fla. 3d DCA· 1972-02-01 ·cited 24×
  The City National Bank of Miami and Hotel Properties, Ltd. appealed a tax assessment of $1,827,900 on hotel improvements at Miami Airport Inn. The court affirmed the assessor's determination that the hotel improvements were "substantially completed" as of January 1, 1970, and thu
• Lipkin v. Bonita Garden Apts., Inc.
  122 So. 2d 623· Fla. 3d DCA· 1960-08-19 ·cited 23×
  Appellants leased an apartment for 13 months but vacated after 5 months and stopped paying rent. The lessor sued for unpaid rent; appellants defended by claiming the lease was void due to insufficient witnesses. The court held appellants were estopped from challenging the lease's
• Brogan v. Mullins
  452 So. 2d 940· Fla. 5th DCA· 1984-05-24 ·cited 22×
  Mere negotiations between counsel, absent fraud or misrepresentation inducing reliance, do not toll the running of the statute of limitations for claims against an estate under Florida Statutes section 733.709.
• City of S. Miami v. State ex rel. Cary D. Landis
  140 Fla. 740· Fla.· 1939-11-24 ·cited 21×
  The Florida Supreme Court upheld a quo warranto judgment ousting rural lands from the City of South Miami, holding that landowners whose property receives no municipal benefits despite taxation may challenge municipal jurisdiction through quo warranto proceedings, and that waitin
• Terrell v. Weymouth
  32 Fla. 255· Fla.· 1893-06-01 ·cited 21×
  Franklin Terrell sued to recover an undivided one-twelfth interest in land, claiming a partition sale that transferred the property to his guardians was void because the minor heirs were not properly made parties and the administratrix lacked authority to initiate partition proce
• Evans v. Hillsborough Cnty.
  135 Fla. 471· Fla.· 1938-10-10 ·cited 19×
  Evans and his wife appealed an order denying their motion to dismiss Hillsborough County's bill of complaint seeking to foreclose a paving certificate lien on their property. The court affirmed, holding that the property owner was estopped from challenging the constitutionality o
• Buckbee v. State
  378 So. 2d 39· Fla. 3d DCA· 1979-12-04 ·cited 18×
  Frank Buckbee pleaded guilty to cannabis possession and was placed on three years probation. The trial judge later amended the probation order to add a nine-month jail sentence based on findings in a separate federal case that was dismissed on suppression grounds. The appellate c
• Alexander v. Colston
  66 So. 2d 673· Fla.· 1953-07-28 ·cited 18×
  A widow from a bigamous second marriage challenged the rights of a deceased man's lawful heirs to his estate. The Florida Supreme Court upheld the widow's ownership of property acquired during the second marriage, applying equitable estoppel to prevent the heirs from benefiting f
• Pendleton v. Pan Am. Fire & Cas. Co.
  317 F.2d 96· 10th Cir.· 1963-05-16 ·cited 17×
  An insurer that unconditionally assumes and conducts the defense of an action against its insured, without reserving its rights, is estopped from later denying coverage based on non-coverage grounds known at the time of assuming the defense.
• Doherty v. Traxler
  66 So. 2d 274· Fla.· 1953-06-23 ·cited 16×
  A man who entered into a ceremonial marriage with a woman but never consummated it, immediately abandoned her, and subsequently lived in bigamy for twenty years sought appointment as administrator of his deceased wife's estate and claimed inheritance rights. The Florida Supreme C
• Kincade v. Jeffery-De Witt Insulator Corp.
  242 F.2d 328· 5th Cir.· 1957-03-21 ·cited 14×
  A party who actively participates in a lawsuit, even if not initially named, and fails to disavow actions taken on their behalf, becomes bound by the court's judgment.
• Weatherford v. Weatherford
  91 So. 2d 179· Fla.· 1956-12-12 ·cited 14×
  In this 1956 Florida divorce appeal, the Court held that a husband who remarried pending appeal did not waive his right to challenge the financial portions of a divorce decree, despite abandoning his claims regarding the validity of the divorce itself. The Court allowed the appea
• Iselin v. La Coste
  147 F.2d 791· 5th Cir.· 1945-02-12 ·cited 13×
  A prior judgment, even if based on a mistaken premise regarding land location, is res judicata and cannot be collaterally attacked if the court had jurisdiction over the parties and the subject matter as alleged in the complaint.
• Chirico v. Elzie L. DEW
  113 So. 2d 597· Fla. 2d DCA· 1959-07-10 ·cited 12×
  The court held that the trial court erred in granting summary judgment because genuine issues of material fact existed regarding the identity of the defendant, Elzie L. Dew, as H. C. Dew.
• Goodman v. Dicker
  169 F.2d 684· D.C. Cir.· 1948-07-26 ·cited 12×
  Appellants are estopped from denying a contract or liability for expenses incurred by appellees in reliance on appellants' assurances that a dealer franchise would be granted.
• Lee v. Sovereign Camp
  113 Fla. 472· Fla.· 1934-01-08 ·cited 12×
  Rebecca Lee sought recovery on a Woodman of the World benefit policy. The trial court rejected her surrejoinder (a procedural pleading), leading to a judgment of non suit. The Florida Supreme Court reversed, holding that the surrejoinder presented valid legal matter and should ha
• Ark. Oak Flooring Co. v. La. & Ark. Ry. Co.
  166 F.2d 98· 5th Cir.· 1948-02-20 ·cited 11×
  The court held that the statute of limitations' accrual provision for shipments does not apply to transit tariffs where the final rate is not determined until after delivery, and the suit was timely filed within two years of the cause of action actually accruing.
• Cy Girard v. Gill
  261 F.2d 695· 4th Cir.· 1958-12-15 ·cited 10×
  The court held that genuine issues of material fact were raised, precluding summary judgment, and that the taxpayer was entitled to a jury trial.
• Hubshman v. Louis Keer Shoe Co., Inc.
  129 F.2d 137· 7th Cir.· 1942-05-23 ·cited 10×
  The court held that the plaintiffs, as assignees of the seller, were entitled to reasonable notice of a breach of warranty, that the notice provided was reasonable and not waived, and that certain damages, including lost profits, were recoverable.
• E. C. Ernst, Inc. v. Koppers Co., Inc.
  626 F.2d 324· 3d Cir.· 1980-07-25 ·cited 8×
  The court held that the total cost method is permissible for proving damages under Pennsylvania law, but the plaintiff's application of it was flawed. It also held that the defendant was estopped from enforcing a contractual notice requirement for extra work due to its conduct.
• Laube v. City OF Stuart
  107 So. 2d 757· Fla. 2d DCA· 1958-12-23 ·cited 8×
  Edna Laube appealed a chancellor's dismissal of her bill of complaint seeking title to two parcels of land in St. Lucie Estates Subdivision. The parcels, which Laube claimed by deed from the subdivision's trustee, were found by the lower court to have been dedicated to the public
• In re Meade Tool & DIE Co. Szatkowski v. Meade Tool & DIE Co.
  164 F.2d 228· 6th Cir.· 1947-11-17 ·cited 8×
  The court held that a bankruptcy claimant should be permitted to amend their claim to show garnishment security, even after the deadline for filing claims, if the mistake was due to ignorance and substantial justice requires it.
• Peterson v. State
  158 Fla. 406· Fla.· 1947-01-10 ·cited 7×
  The court considered whether the Comptroller could demand additional chain store taxes based on a calendar year calculation when the licensee had changed its fiscal year to a different period and whether the relator was entitled to a refund of overpaid taxes.
• Rupert Bodden v. Carbonell
  354 So. 2d 927· Fla. 2d DCA· 1978-02-01 ·cited 6×
  Rupert Bodden appeals a judgment in favor of James Carbonell regarding a laundry equipment lease at an apartment complex. The trial court characterized the agreement as a terminable license rather than a lease, but the appellate court reversed, finding the agreement constituted a
• I. S. Joseph Co., Inc. v. Citrus Feed Co., Inc.
  490 F.2d 185· 5th Cir.· 1974-02-20 ·cited 6×
  The court held that the existence of an oral contract for the sale of citrus pulp was a jury issue, and the plaintiff's alleged breach of that contract was also a jury issue.
• State OF Wyo. & the Richfield Oil Corp. v. United States
  310 F.2d 566· 10th Cir.· 1962-10-12 ·cited 6×
  The court held that the State of Wyoming is entitled only to lands within original school sections or to lieu lands selected from resurveyed sections, not both, due to its long-standing administrative practice and waivers.
• Oates v. N.Y. Life Ins. Co.
  144 Fla. 744· Fla.· 1940-11-12 ·cited 6×
  This case involves a dispute over a mortgage on homestead property executed by husband and wife, where the wife later challenged the validity of her acknowledgment before a notary. The Florida Supreme Court affirmed a foreclosure decree, holding that the wife was estopped by her
• Anderson v. Tower Amusement Co. & D. V. Marquis
  120 Fla. 476· Fla.· 1935-08-28 ·cited 6×
  Marie W. Anderson and her husband sought an injunction to prevent Tower Amusement Company from interfering with possession of leased property. The Florida Supreme Court reversed the lower court's denial of the preliminary injunction, holding that Tower Amusement Company never obt
• Peckham v. GEM State Mut. OF Utah
  964 F.2d 1043· 10th Cir.· 1992-05-21 ·cited 5×
  The court held that the employee's benefit program was an ERISA plan, preempting state law claims for estoppel and other torts, but not preempting the doctrine of substantial compliance, which was rejected on its merits.
• Weir v. The United States
  474 F.2d 617· Ct. Cl.· 1973-02-16 ·cited 4×
  The court held that the plaintiff is estopped from claiming procedural error by the Army and that the Army did not err in its procedures for discharging the plaintiff based on his sworn admission of homosexuality and psychiatric evaluation.
• Goulding v. Sands
  355 F.2d 230· 3d Cir.· 1966-02-01 ·cited 4×
  The court held that the insurer is estopped from asserting lack of coverage due to its conduct in defending the insured, regardless of the governing law.