Fintak v. Fintak
| Decision Date | 23 August 2013 |
| Docket Number | No. 2D12–3407.,2D12–3407. |
| Citation | 120 So.3d 177 |
| Parties | Shirley FINTAK, as Personal Representative of the Estate of Edmund P. Fintak, Appellant, v. Thomas S. FINTAK and John B. Fintak, individually and as Cotrustees, and Kathleen F. Dunn, David P. Fintak and Matthew P. Fintak, individually, Appellees. |
| Court | Florida District Court of Appeals |
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9 cases
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Searcy v. R.J. Reynolds Tobacco Co.
...law, judicial estoppel applies only when a party maintains inconsistent positions in separate proceedings. See Fintak v. Fintak , 120 So.3d 177, 186–87 (Fla. 2d DCA 2013) ("[T]he party against whom estoppel is sought must have asserted a clearly inconsistent or conflicting position in a pri......
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Fed. Deposit Ins. Corp. v. Nationwide Equities Corp.
...party seeking estoppel must have changed his or her position to his or her detriment based on the representation. Fintak v. Fintak, 120 So. 3d 177, 186 (Fla. 2d DCA 2013) (emphasis added); Bueno v. Workman, 20 So. 3d 993, 997 (Fla. 4th DCA 2009) ("The elements of judicial estoppel are the s......
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Boneta v. Am. Med. Sys.
...judicial estoppel applies only when a party maintains inconsistent positions in separate proceedings.") (citing Fintak v. Fintak, 120 So. 3d 177, 186-87 (Fla. 2d DCA 2013)). In other words, that fact—which is why Defendant believes Searcy is inapplicable—had nothing to do with the Court's d......
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Anfriany v. Deutsche Bank Nat'l Trust Co.
...while taking an inconsistent position in a later proceeding, in which the same parties and questions are involved.") Fintak v. Fintak , 120 So.3d 177, 186 (Fla. 2d DCA 2013) (holding that for judicial estoppel to apply, "the party claiming estoppel must have relied on or been misled by the ......
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1 firm's commentaries
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Recent Cases Of Interest To Fiduciaries - June 2014
...2014) The expense of administering a trust valued at $250,000 was not so uneconomical as to warrant early termination. Fintak v. Fintak, 120 So. 3d 177 (Fla. Dist. Ct. App. 2d Dist. 2013) Florida appellate court holds that a settlor does not need to renounce the benefits of his own irrevoca......
1 books & journal articles
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Legal theories & defenses
...his or her detriment based on the representation. Source Chittim v. Chittim , 230 So.3d 966, 968 (Fla. 2d DCA 2017); Fintak v. Fintak , 120 So.3d 177, 186 (Fla. 2d DCA 2013). See Also 1. Nunez v. Gonzalez , 456 So.2d 1336, 1338 (Fla. 2d 1984) (“This so-called doctrine of judicial estoppel w......