BETTY CHEVEL AND MORRIS CHEVEL, APPELLANTS,

v.

JOHN Z. BRANDT, GARY Z. BRANDT, ROBERT Z. BRANDT, JAMES Z. BRANDT, D/B/A PIX REALTY COMPANY AND WILLIAM BURGER, APPELLEES

Citator

Cited By

• Roberto C. Fraga, M.D. v. Dep't of Health & Rehabilitative Servs., 464 So. 2d 144 (Fla. 3d DCA 1984)
  …chly deserves, but actually to come out ahead. .The fact that the state acts through a machine cannot render that conduct any less the "positive act” of a state official for the purposes of invoking the rule cited by the court. See State v. Hadden, 370 So. 2d 849 (Fla. 3d DCA 1979). . While the form letter writer was probably inaccurate, Dr. Fraga did not know that this was the case. . The majority opinion does not mention this fact.…

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• Edbury R. Enegren v. Marathon Country Club Condo. W. Ass'n, Inc., 525 So. 2d 488 (Fla. 3d DCA 1988)
  …has “justifiably relied”); 22 Fla.Jur.2d Estoppel and Waiver § 30, at 448 (1980) (estoppel available to person who had “a right to rely”); id. § 57, at 492 (estoppel available to person who exercised “good faith” reliance). See also State v. Hadden, 370 So. 2d 849, 852 (Fla. 3d DCA 1979) (estoppel available against the State when person had “right to rely”); Greenhut Construction Co. v. Knott, 247 So. 2d 517, 524 (Fla. 1st DCA 1971) (same); Jaslow, Understanding the Doctrine of Equitable Estoppel in Florida,…
• Mercede v. The Mercede Park Italian Rest., Inc., 392 So. 2d 997 (Fla. 4th DCA 1981)
  …to any cost of living rent increase prior to his notices requesting same. Plaintiff failed to timely notice defendant of these increases.” The burden of proving the 1ffirmative defense of estoppel and waiver was upon the appellee (State v. Hadden, 370 So. 2d 849 (Fla. 3rd DCA 1979); Coastal Bay Golf Club, Inc. v. Holbein, 231 So. 2d 854 (Fla. 2d DCA 1970); however appellee adduced no evidence at all to support those affirmative defenses. The evidence that was adduced by appellant reflected some delay in mak…

Authorities Cited

• Brooks v. Peters, 157 Fla. 141 (Fla. 1946)
• Kinkelaar v. Luella S. Kinkelaar, 157 Fla. 141 (Fla. 1946)
• Wingard v. McDONALD, 348 So. 2d 573 (Fla. 1st DCA 1977)