NOLAN BREWER, THOMAS DUCKETT AND RONALD SHEARS, PETITIONERS,
v.
WILLIAM J. VANDERVALK ET AL., RESPONDENTS
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PER CURIAM.
We are presented with a petition for writ of certiorari to review a judgment of the circuit court acting in its appellate capacity. See Fla.R.App.P. 9.030(b)(2)(B). The question for our determination is whether the circuit court’s affirmance of a county court’s judgment amounted to a departure from established principles of law. See Sossin Systems, Inc. v. City of Miami Beach, 262 So. 2d 28 (Fla. 3d DCA 1972). We will not pass upon the merits of the appeal taken to the circuit court. See Brinson v. Tharin, 99 Fla. 696, 127 So. 313, 316 (1930); and State v. Katz, 108 So. 2d 60 (Fla. 3d DCA 1959).
The petitioners urge that the circuit court should have found that the respondents were estopped to maintain their action for possession in the trial court because of an agreed renewal of the lease to the disputed premises. The existence of estoppel in pais is a question to be determined by the trier of fact. See 28 Am. Jur.2d Estoppel and Waiver § 149 (1966), and cases cited thereat. The trial court upon disputed facts failed to find an estoppel. The circuit court in its appellate capacity found no error. We will not substitute our judgment for that of the two courts concerned.
Certiorari denied.
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R.A. Jones & Sons, Inc. v. Holman, 470 So. 2d 60 (Fla. 3d DCA 1985)…d sufficient proof in the record to establish that Ford’s breach caused loss of some reasonably definite amounts of profits. Compare Sampley Enterprises, Inc. v. Laurilla, 404 So. 2d 841 (Fla. 5th DCA 1981), and Shidiam Corp. v. M & D Research Corp, 374 So. 2d 553 (Fla. 4th DCA 1979), with Crain Automotive Group, Inc. v. J & M Graphics, Inc., 427 So. 2d 300, 301 (Fla. 3d DCA 1983), and Myrick v. Miller, 256 So. 2d 255 (Fla. 3d DCA 1971). In National Papaya Co. v. Domain Industries, Inc., 592 F. 2d 813 (5th Ci…
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Shayan Keramati v. Schackow, 553 So. 2d 741 (Fla. 5th DCA 1989)…n estoppel in pais is generally a mixed question of law and fact, and as such must generally be found and settled by the trier of fact, if there is any dispute as to the facts of its existence. 28 Am.Jur.2d 831, Estoppel § 149; Brewer v. Vandervalk, 374 So. 2d 553 (Fla. 3d DCA 1979), cert, denied, 383 So. 2d 1191 (Fla. 1980). This record clearly raises factual disputes which would justify a jury in refusing to find an estoppel against the Kera-matis.7 The circumstances framed by this record make the Keramatis…
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Levitt-Ansca Towne Park P'ship v. Smith & Co., Inc., 873 So. 2d 392 (Fla. 4th DCA 2004)…tion, not reality. Barile Excavating & Pipeline Co., v. Kendall Props., Inc., 462 So. 2d 1129 (Fla. 4th DCA 1984). This element of damages was too speculative to have been submitted for jury consideration.1 See Shidiam Corp. v. M & D Research Corp., 374 So. 2d 553 (Fla. 4th DCA 1979); Shadow Lakes, Inc. v. Cudlipp Constr., Inc., 658 So. 2d 116 (Fla. 2d DCA 1995). In addition, the contractor relied on percentages of work performed to determine costs and profits. This it cannot do. Nico Indus., Inc. v. Steel F…
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- Brinson v. Tharin, 99 Fla. 696 (Fla. 1930)
- State v. Katz, 108 So. 2d 60 (Fla. 3d DCA 1959)
- Sossin Sys., Inc. v. City OF Miami Beach, 262 So. 2d 28 (Fla. 3d DCA 1972)