MATT RIGG, APPELLANT,
v.
LOUIS VERNELL, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROSE RICH, DECEASED, AND ROBERT RICH, LEGATEE, APPELLEES
PER CURIAM.
The final judgment denying specific performance to the purchaser under a land sale contract is affirmed. Any deficiencies in the trial, which were caused by the illness of plaintiff’s counsel, were remedied by the trial court’s order granting partial rehearing and reopening the cause for the taking of additional testimony on the critical issues presented. Fla.R.Civ.P. 1.530(a). On the merits, the plaintiff relied upon an oral modification of the written land sale contract and cannot now take the inconsistent position that the written contract could not be changed by parol agreement. Hodkin v. Perry, 88 So. 2d 139 (Fla.1956); United Contractors, Inc. v. United Construction Corp., 187 So. 2d 695, 701 (Fla. 2d DCA 1966).
Affirmed.
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Ayers v. Thompson, 536 So. 2d 1151 (Fla. 1st DCA 1988)…reements regarding a conveyance are held to merge in the deed leaving it as the sole expositor of the parties’ intent, is inapplicable in an action seeking the equitable remedy of reformation.” Providence Square, 507 So. 2d at 1371; Rigg v. Vernell, 428 So. 2d 668 (Fla. 3d DCA 1982); Johnson v. Johnson, 403 So. 2d 1388 (Fla. 2d DCA 1981). The well settled rule in Florida is that neither spouse vested to an estate by the entireties, can alienate or encumber any part of the estate without the consent of the ot…
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Montero v. Compugraphic Corp., 531 So. 2d 1034 (Fla. 3d DCA 1988)…pu-graphic’s arguments that there is no contract, and that a time-limiting provision in the contract bars the action, are inconsistent. A litigant cannot, in the course of litigation, occupy inconsistent and contradictory positions. Rigg v. Vernell, 428 So. 2d 668 (Fla. 3d DCA 1982); Federated Mut. Implement & Hardware Ins. Co. v. Griffin, 237 So. 2d 38 (Fla. 1st DCA 1970), cert. denied, 240 So. 2d 641 (Fla.1970). If, alternatively, there is a contract and it was fraudulently induced, as is alleged, then the…
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Jackson v. Barnett Dealer Fin. Servs., Inc., 842 So. 2d 283 (Fla. 3d DCA 2003)…PER CURIAM. Affirmed. See Montero v. Compugraphic Corp., 531 So. 2d 1034, 1036 (Fla. 3d DCA 1988) (stating that: “A litigant cannot, in the course of litigation, occupy inconsistent and contradictory positions. Rigg v. Vernell, 428 So. 2d 668 (Fla. 3d DCA 1982); Federated Mut. Implement & Hardware Ins. Co. v. Griffin, 237 So. 2d 38 (Fla. 1st DCA 1970), cert. denied, 240 So. 2d 641 (Fla.1970).”). See also McCurdy v. J.C. Collis, 508 So. 2d 380, 384 (Fla. 1st DCA 1987) (doctrine of estoppe…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- United Contractors, Inc. v. United Constr. Corp., 187 So. 2d 695 (Fla. 2d DCA 1966)
- Hodkin v. Perry, 88 So. 2d 139 (Fla. 1956)