BARBARA BATIE, APPELLANT,
v.
BILLY FRANKLIN BATIE, SR., DBA BATIE TREE SERVICE AND GOODMAN CONSTRUCTION COMPANY, APPELLEES
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Florida appellate court reversed summary judgment based on equitable estoppel because the appellant's prior inconsistent position was not successfully maintained in the first lawsuit.
A party cannot be equitably estopped from maintaining a position inconsistent with a prior position unless that prior position was successfully maintained.
[1] Equitable estoppel requires that a party's prior inconsistent position must have been successfully maintained in order to preclude the party from taking a different posit…
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Join FLexlaw to unlock all legal intelligence“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”
The court explained the requirement for equitable estoppel, citing Grauer v. Occidental Life Ins. Co. of Cal.
Barbara Batie appealed a summary judgment entered in favor of Billy Franklin Batie, Sr., d/b/a Batie Tree Service, based on equitable estoppel arising…
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Appellant, Barbara Batie, appeals a final judgment, arguing that the trial court erred in entering summary judgment in *940favor of Appellee, Billy Franklin Batie, Sr. d/b/a Batie Ti-ee Service, on the basis that Appellant was estopped from bringing the lawsuit at issue. We agree that the trial court erred because Appellant’s position in her first lawsuit against Appellee Batie, while inconsistent with the position taken in her current lawsuit, was not successfully maintained. See Grauer v. Occidental Life Ins. Co. of Cal., 363 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. Nationwide Mut. Fire Ins. Co., 456 So.2d 517, 519-20 (Fla. 1st DCA 1984) (holding that the appellant was precluded from taking a position that was inconsistent from one he had previously taken because he successfully secured payment as a result of his allegations in the first case).
Accordingly, the final judgment is REVERSED and the case is REMANDED for further proceedings.
KAHN, DAVIS, and THOMAS, JJ., concur.
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Citator
Cited By
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Kaynan Fitchner v. Lifesouth Cmty. Blood Ctrs., Inc., 88 So. 3d 269 (Fla. 1st DCA 2012)
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LaCOSTE v. LaCOSTE, 58 So. 3d 404 (Fla. 1st DCA 2011)
Authorities Cited
- Grauer v. Occidental Life Ins. Co. of Cal., 363 So. 2d 583 (Fla. 1st DCA 1978)
- Lambert v. Nationwide Mut. Fire Ins. Co., 456 So. 2d 517 (Fla. 1st DCA 1984)
- Dukes v. State, 737 So. 2d 595 (Fla. 1st DCA 1999)
- Denmark v. Michael, 737 So. 2d 595 (Fla. 1st DCA 1999)