City of Miami Beach v. Valeriani

How courts have described this case

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

• noting that judicial estoppel is designed to prevent a litigant from “changing his position according to the vicissitudes of self-interest”
• explaining that ejection actions can be brought against those in actual possession of property, or in possession “by tenant” (quoting D.C. Code § 16-1101(a)(1))
• explaining that “courts have broad powers to fashion equitable remedies” in holding that the trial court’s entrance of a protective order in a possession action was not an abuse of discretion
• reviewing the elements of judicial estoppel and explaining inter alia that it will apply only if the party’s later position is clearly inconsistent with its earlier position
• “[A]lthough legal title is required in order to bring an action in ejectment, equitable title suffices to bring an action for possession[.]’”
• same, because plaintiff’s claims were judicially estopped

Source: CourtListener parenthetical corpus (CC0).