WISSING

v.

MOMAR CONSTRUCTION CO.

Citator

Cited By

• Pelican Island Prop. Owners Ass'n, Inc. v. Murphy, 554 So. 2d 1179 (Fla. 2d DCA 1989)
  …the parties have equal knowledge of the facts or the same means of ascertaining that knowledge. Overstreet v. Bishop, 343 So. 2d 958, 960 (Fla. 1st DCA 1977); Ennis v. Warm Mineral Springs, Inc., 203 So. 2d 514, 520 (Fla. 2d DCA 1967), cert. denied, 210 So. 2d 870 (Fla.1968). In this case, the Murphys knew they had to obtain permission and provide drawings to obtain approval. Estoppel rests on the premise that the party asserting the estoppel has acted in reliance upon the prior inconsistent conduct. The ess…
• Brickell BAY Club Condo. Ass'n, Inc. v. Hernstadt, 512 So. 2d 994 (Fla. 3d DCA 1987)
  …rted renovating the roof structure. Under Florida law no estoppel by silence can arise unless the party asserting the estoppel claim is ignorant of the truth. Ennis v. Warm Mineral Springs, Inc., 203 So. 2d 514, 520 (Fla. 2d DCA 1967), cert. denied, 210 So. 2d 870 (Fla.1968). There are no factors presented which justify application of waiver and estoppel principles. The evidence does not support the Hernstadts’ contention that the Association’s refusal to amend the Declaration of Condominium, to reflect a di…
• Se. Grove Mgmt. Inc. v. McKINESS, 578 So. 2d 883 (Fla. 1st DCA 1991)
  …in., Div. of Retirement, 449 So. 2d 389 (Fla. 3d DCA 1984). Estoppel by silence or inaction will be found only when the other party is misled to his or her injury. Ennis v. Warm Mineral Springs, Inc., 203 So. 2d 514 (Fla. 2d DCA 1967), cert. denied, 210 So. 2d 870 (Fla.1968). There is nothing in the record that indicates that the producers were misled or changed their positions in reliance upon the alleged statutory violation by Southeast. Facts supporting a finding of either estoppel or waiver simply were no…