JOHN D. DENMARK, APPELLANT,
v.
MELVIN MICHAEL AND PATRICIA DENMARK, N/K/A PATRICIA LINCOLN, APPELLEES
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PER CURIAM.
John D. Denmark appeals a final summary judgment in his action against appel-lees, Patricia Lincoln, Denmark’s former wife, and Melvin Michael, Lincoln’s father, for cancellation of a warranty deed and quit claim deed, replevin, conversion and ejectment. We agree with the trial court that Denmark is estopped from asserting his title to the subject property in the instant action. because, in prior litigation concerning the property, he successfully maintained the position that title to the property was held by appellee Michael. See Dimino v. Farina, 572 So. 2d 552, 556-57 (Fla. 4th DCA 1990); Grauer v. Occidental Life Ins. Co. of Calif., 363 So. 2d 583, 584-85 (Fla. 1st DCA 1978); see also Palm Beach Co. v. Palm Beach Estates, 110 Fla. 77, 148 So. 544, 549 (1933). Accordingly, we affirm on all issues.
BOOTH, MINER AND VAN NORTWICK, JJ., CONCUR.
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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…
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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…
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Authorities Cited
- Palm Beach Co. v. Palm Beach Ests., 110 Fla. 77 (Fla. 1933)
- Barr v. State, 572 So. 2d 552 (Fla. 4th DCA 1990)
- Grauer v. Occidental Life Ins. Co. of Cal., 363 So. 2d 583 (Fla. 1st DCA 1978)