JERRY GLENN DUKES,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Holub v. Ursula E. Holub, 54 So. 3d 585 (Fla. 1st DCA 2011)
  …g that fact and taking an inconsistent position at this stage of the litigation. See Dimino v. Farina, 572 So. 2d 552, 556 (Fla. 4th DCA 1990), disapproved in part on other grounds, Babcock v. Whatmore, 707 So. 2d 702 (Fla.1998); Denmark v. Michael, 737 So. 2d 595 (Fla. 1st DCA 1999) (party estopped from taking subsequent inconsistent position in litigation). [*588] Appellant did assert facts in his UCCJEA affidavit, filed in August of 2007 — a year after the filing of the initial petition which included the…
• Williams v. State, 789 So. 2d 1112 (Fla. 4th DCA 2001)
  …s a habitual violent felony offender. A written sentence may be challenged as not conforming to the oral one in a rule 3.850 proceeding. See James v. State, 763 So. 2d 471 (Fla. 3d DCA 2000), rev. denied, 786 So. 2d 1186 (Fla.2001); Dukes v. State, 737 So. 2d 595 (Fla. 1st DCA 1999); Ricks v. State, 725 So. 2d 1205 (Fla. 2d DCA 1999), cause dismissed, [*1114] SC94,927, — So. 2d - (Fla. Feb. 25, 1999), and rev. denied, 732 So. 2d 328 (Fla.1999); Hampton v. State, 711 So. 2d 200 (Fla. 5th DCA 1998). We revers…
• Batie v. Batie, 31 So. 3d 939 (Fla. 1st DCA 2010)
  …63 So. 2d 583, 585 (Fla. 1st DCA 1978) (explaining that in order for a party to be equitably estopped from maintaining a position inconsistent with a prior position, the prior position must have been successfully maintained). Cf. Denmark v. Michael, 737 So. 2d 595, 595-96 (Fla. 1st DCA 1999) (affirming the final summary judgment on estoppel grounds because the appellant successfully maintained the position that title to the property at issue was held by the appellee in the prior litigation); Lambert v. Nation…