Fintak v. Fintak

How courts have described this case

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

• holding that for judicial estoppel to apply, “the party claiming estoppel must have relied on or been misled by the former position” and “the party seeking estoppel must have changed his or her position to his or her detriment based on the representation”
• “[T]he party against whom estoppel is sought must have asserted a clearly inconsistent or conflicting position in a prior judicial proceeding.” (citing Blumberg v. USAA Cas. Ins. Co., 790 So. 2d 1061, 1066 (Fla. 2001))
• \[T]he party against whom estoppel is sought must have asserted a clearly inconsistent or conflicting position in a prior judicial proceeding.\ (citing Blumberg v. USAA Cas. Ins. Co. , 790 So.2d 1061 , 1066 (Fla. 2001) )
• “A party is permitted to plead in the alternative during litigation, and it follows that a party may also take inconsistent actions in his or her own affairs as a mechanism for ‘hedging the bets,’ so long as that action does not result in prejudice to another party.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

4 cases in this archive cite this case.

• Cheryl Searcy v. R.J. Reynolds Tobacco Company
  Eleventh Circuit· 2018-09-05· cited 76×
• Jeffrey Gossett v. Nina M. Gossett, etc., Jennifer Gossett, Glen Gossett, Michelle Gossett, Jake Gossett, Tyler Hering and Krista A. Hering
  District Court of Appeal of Florida· 2015-12-16
• WALTOGUY ANFRIANY and MIRELLE ANFRIANY v. DEUTSCHE BANK NATIONAL TRUST
  District Court of Appeal of Florida· 2017-12-06
• Universal Property & Casualty Insurance Company v. Marie Suffrat
  District Court of Appeal of Florida· 2025-11-05

Cites

23 cases in this archive are cited by this case; the 20 most cited are listed.

• Volusia County v. Aberdeen at Ormond Beach
  Supreme Court of Florida· 2000-05-18· cited 905×
• Blumberg v. USAA Cas. Ins. Co.
  Supreme Court of Florida· 2001-07-12· cited 102×
• Palm Beach Co. v. Palm Beach Estates
  Supreme Court of Florida· 1933-05-05· cited 28×
• FEDERATED MUT. IMPLEMENT & HDWE. INS. CO. v. Griffin
  District Court of Appeal of Florida· 1970-06-11· cited 24×
• Chase & Co. v. Little
  Supreme Court of Florida· 1934-09-27· cited 23×
• Olin's, Inc. v. Avis Rental Car System of Florida, Inc.
  Supreme Court of Florida· 1958-07-16· cited 20×
• In Re Estate of Sterile
  District Court of Appeal of Florida· 2005-06-03· cited 19×
• Smith v. Avatar Properties, Inc.
  District Court of Appeal of Florida· 1998-07-10· cited 17×
• Ed Ricke & Sons, Inc. v. Green
  Supreme Court of Florida· 1992-10-22· cited 17×
• Steinberg v. Bay Terrace Apt. Hotel, Inc.
  District Court of Appeal of Florida· 1979-11-06· cited 16×
• Barnett Nat. Bank of Jacksonville v. Murrey
  Supreme Court of Florida· 1950-12-19· cited 15×
• PELICAN ISLAND PROP. OWNERS ASS'N, INC. v. Murphy
  District Court of Appeal of Florida· 1989-11-17· cited 14×
• Head v. Lane
  District Court of Appeal of Florida· 1986-10-01· cited 14×
• Pournelle v. Baxter
  Supreme Court of Florida· 1942-07-07· cited 14×
• Hamblett v. Hamblett
  Superior Court of New Hampshire· 1833-12-15· cited 13×
• Scocozzo v. General Development Corporation
  District Court of Appeal of Florida· 1966-11-09· cited 11×
• Carman v. Gilbert
  Supreme Court of Florida· 1994-06-30· cited 11×
• In re Estate of Harby
  District Court of Appeal of Florida· 1972-11-15· cited 7×
• In Re Pellicer's Estate
  District Court of Appeal of Florida· 1960-01-12· cited 6×
• AVVA-BC, LLC v. Amiel
  District Court of Appeal of Florida· 2009-10-28· cited 6×