Have you ever heard the term estoppel? What is judicial estoppel? What is equitable estopple? What do probate trial lawyers need to know about these two affirmative defenses? When do judicial estoppel and equitable estoppel come into play?
Judicial Estoppel v. Equitable Estoppel
- Probate litigators West Palm Beach know that both judicial estoppel and equitable estoppel can prove to be useful trial tools.
- These affirmative defenses can be utilized in certain situations to yield better results in your Florida trust and estates matter.
- Probate lawyers who don’t handle probate trials may not be familiar with these affirmative defenses or the Florida Rules of Civil Procedure.
- However, probate trial attorneys West Palm Beach and trust and estates litigatorsBoca Raton know that claiming an affirmative defense can be a valuable trial strategy.
- Trial attorneys Delray Beach know that the two types of estoppel are very different.
- Judicial estoppel prevents a party from taking one particular side of a case in a proceeding, getting finality or judgement, and then coming back in another proceedingwith an inconsistent position.
- This upholds the integrity of the Florida judicial process.
- Without judicial estoppel, people could file ten different lawsuits, taking different positions on the same issue, without ever being convicted to their allegations.
- What is equitable estoppel?
- Equitable estoppel is when someone makes a “representation to a material fact that is contrary to a later-asserted position”
- With equitable estoppel, someone has to rely on that position and it has to bedetrimental to the person relying on it.
Want to learn more?
Read Bueno v. Workman by clicking here.
Want to know more about Florida probate litigation? Consider these free resources:
- Read the Florida Courts webpage on the probate process:http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/probate.stml
- Read the Florida Probate Code:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Read the Florida Probate Rules:https://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Here are the Rules Regulating the Florida Bar if you are interested in hiring a Florida probate litigation lawyer and want to know more about our ethical rules and our rules of conduct:http://www.floridabar.org/divexe/rrtfb.nsf/WContents?OpenView
- Here are the Florida Rules of Civil Procedure:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
- There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos:http://www.pankauskilawfirm.
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