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· 11/20/2013

Freda Boyce and Marvell Boyce v. LPP Mortgage LTD

Citations

  • 435 S.W.3d 758
  • 2013 WL 6118414
  • 2013 Tenn. App. LEXIS 748

How courts have described this case

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

  • explaining that equitable estoppel requires the party raising the defense to show he lacked the opportunity to know the truth, and denying application of the defense because appellants, “through diligent research, had every opportunity to know of the [relevant legal] decisions.”
  • inappropriate to apply judicial estoppel to changed legal position rather than inconsistent sworn statements
  • inappropriate to apply judicial estoppel to changed legal position rather than inconsistent sworn statements
  • “[T]he res judicata consequences of a final, unappealed judgment on the merits [are not] altered by the fact that the judgment may have been wrong or rested on a legal principle subsequently overruled in another case.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Judge J. Steven Stafford

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.