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· 10/28/2009

Bueno v. Workman

Citations

  • 20 So. 3d 993
  • 2009 Fla. App. LEXIS 16087
  • 2009 WL 3446420

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that an appellate court cannot use the tipsy coachman rule where the trial court has not made factual findings
  • tipsy coachman rule inapplicable “where a lower court has not made factual findings on an issue”
  • an appellate court cannot employ the “right for the wrong reason” doctrine where the circuit court has not made necessary factual findings on an issue
  • elements of waiver are: existence of a right which may be waived; actual or constructive knowledge of the right; and intent to relinquish the right
  • \[A]n appellate court cannot employ the tipsy coachman rule where a lower court has not made factual findings on an issue.\
  • judicial estoppel prevents litigants who have successfully maintained a position in one proceeding from taking an inconsistent position in a later proceeding in which the same parties and questions are involved

Source: CourtListener parenthetical corpus (CC0).

Judges: Gerber, Polen, Stevenson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.