inconsistent claim (Florida) · Go Syfert
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inconsistent claim in Florida

9 Florida opinions name it 2 courts 1968–2021 1 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Chase & Co. v. Littlegreen
fla · 1934 · cited in 4 Florida opinions naming this issue, 1999–2007
2 sentences

2007In Blumberg v. USAA Casualty Insurance Co., 790 So.2d 1061 (Fla. 2001), the supreme court discussed the doctrine of judicial estoppel, quoting from Chase & Co. v. Little, 116 Fla. 667 , 156 So. 609, 610 (1934): A claim made or position taken in a former action or judicial proceeding will, in general, estop the party to make an inconsistent claim or to take a conflicting position in a subsequent action or judicial proceeding to the prejudice of the adverse party.

2007In Blumberg v. USAA Casualty Insurance Co., 790 So.2d 1061 (Fla. 2001), the supreme court discussed the doctrine of judicial estoppel, quoting from Chase & Co. v. Little, 116 Fla. 667 , 156 So. 609, 610 (1934): A claim made or position taken in a former action or judicial proceeding will, in general, estop the party to make an inconsistent claim or to take a conflicting position in a subsequent action or judicial proceeding to the prejudice of the adverse party.

44
Blumberg v. USAA Cas. Ins. Co.green
fla · 2001 · cited in 2 Florida opinions naming this issue, 2003–2007
2 sentences

2007In Blumberg v. USAA Casualty Insurance Co., 790 So.2d 1061 (Fla. 2001), the supreme court discussed the doctrine of judicial estoppel, quoting from Chase & Co. v. Little, 116 Fla. 667 , 156 So. 609, 610 (1934): A claim made or position taken in a former action or judicial proceeding will, in general, estop the party to make an inconsistent claim or to take a conflicting position in a subsequent action or judicial proceeding to the prejudice of the adverse party.

2003Co., 790 So.2d 1061, 1066 (Fla.2001) said: A claim made or position taken in a former action or judicial proceeding will, in general, estop the party to make an inconsistent claim or to take a conflicting position in a subsequent action or judicial proceeding to the prejudice of the adverse party.

12
Benyard v. Wainwrightgreen
fla · 1975 · cited in 1 Florida opinions naming this issue, 2021–2021
1 sentence

2021See Beynard v. Wainwright, 322 So. 2d 473, 476 (Fla. 1975) (noting that a statute controls over an inconsistent rule of procedure); see also Kuhajda v. Borden Dairy Co. of Ala., 202 So. 3d 391, 395-96 (Fla. 2016).

11
Susanne L. Kuhajda v. Borden Dairy Company of Alabama, LLC.green
fla · 2016 · cited in 1 Florida opinions naming this issue, 2021–2021
1 sentence

2021See Beynard v. Wainwright, 322 So. 2d 473, 476 (Fla. 1975) (noting that a statute controls over an inconsistent rule of procedure); see also Kuhajda v. Borden Dairy Co. of Ala., 202 So. 3d 391, 395-96 (Fla. 2016).

11
Times Publishing Co. v. Huffstetlergreen
fladistctapp · 1982 · cited in 1 Florida opinions naming this issue, 1996–1996
1 sentence

1996Such a question is academic given our holding that a request for attorney's fees incurred when asserting the defense of personal jurisdiction does not waive that defense. [5] See Shurden v. Thomas, 134 So.2d 876, 878 (Fla. 1st DCA 1961) ("motion reveals an inconsistent claim by [defendant in one suit] in that she has submitted herself to the Court's jurisdiction by her own actions by filing [another] suit [on the same subject] as plaintiff, while at the same time ... questioning the jurisdiction of the Court [to entertain the first suit]"); see also Hubbard v. Cazares, 413 So.2d 1192, 1193 (Fl

11
Shurden v. Thomasgreen
fladistctapp · 1961 · cited in 1 Florida opinions naming this issue, 1996–1996
1 sentence

1996Such a question is academic given our holding that a request for attorney's fees incurred when asserting the defense of personal jurisdiction does not waive that defense. [5] See Shurden v. Thomas, 134 So.2d 876, 878 (Fla. 1st DCA 1961) ("motion reveals an inconsistent claim by [defendant in one suit] in that she has submitted herself to the Court's jurisdiction by her own actions by filing [another] suit [on the same subject] as plaintiff, while at the same time ... questioning the jurisdiction of the Court [to entertain the first suit]"); see also Hubbard v. Cazares, 413 So.2d 1192, 1193 (Fl

11
Hubbard v. Cazaresgreen
fladistctapp · 1981 · cited in 1 Florida opinions naming this issue, 1996–1996
1 sentence

1996Such a question is academic given our holding that a request for attorney's fees incurred when asserting the defense of personal jurisdiction does not waive that defense. [5] See Shurden v. Thomas, 134 So.2d 876, 878 (Fla. 1st DCA 1961) ("motion reveals an inconsistent claim by [defendant in one suit] in that she has submitted herself to the Court's jurisdiction by her own actions by filing [another] suit [on the same subject] as plaintiff, while at the same time ... questioning the jurisdiction of the Court [to entertain the first suit]"); see also Hubbard v. Cazares, 413 So.2d 1192, 1193 (Fl

11
Scarso v. Scarsogreen
fladistctapp · 1986 · cited in 1 Florida opinions naming this issue, 1996–1996
1 sentence

1996But see Logan v. Mora, 555 So.2d 1267 (Fla. 3d DCA 1989); Scarso v. Scarso, 488 So.2d 549, 550 (Fla. 4th DCA 1986) ("Once asserted, the objection based upon lack of jurisdiction over the person is preserved for all purposes and is not waived because affirmative relief is sought.") [6] Without timely objection, the rule is clear, a general appearance waives a claim of lack of personal jurisdiction.

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Logan v. Moragreen
fladistctapp · 1989 · cited in 1 Florida opinions naming this issue, 1996–1996
1 sentence

1996But see Logan v. Mora, 555 So.2d 1267 (Fla. 3d DCA 1989); Scarso v. Scarso, 488 So.2d 549, 550 (Fla. 4th DCA 1986) ("Once asserted, the objection based upon lack of jurisdiction over the person is preserved for all purposes and is not waived because affirmative relief is sought.") [6] Without timely objection, the rule is clear, a general appearance waives a claim of lack of personal jurisdiction.

11

Also cited on this issue (2)

CaseCitedYears
Anderson v. Glass green
fladistctapp · 1999
1 sentence

2002“The rule recognizes that prompt rulings promote public confidence in the impartiality of the trial judge while delayed rulings not only slow the litigation process but call into question the trial judge’s motives.” Anderson, 727 So.2d at 1147 .

12002–2002
McNulty v. Cusack green
fladistctapp · 1958
1 sentence

1968In many cases the Courts of Florida, apparently beginning with McNulty v. Cusack, Fla.App. 1958, 104 So.2d 785 , have recognized and applied the rule that in rear end collisions a rebuttable presumption arises that the driver of the following car was negligent.

11968–1968

Where else courts name it

NY 24 (1919–2024) CA 21 (1925–2024) WA 14 (1984–2026) IN 13 (1977–2025) GA 10 (1918–2021) TX 10 (1913–2022) NC 9 (1916–2002) FL 9 (1968–2021) MI 8 (1927–2024) CO 8 (1984–2024) MO 8 (1967–2019) MD 6 (1969–2016) CT 6 (1932–2010) KS 6 (1895–2024) IA 6 (1884–2015) OH 5 (1912–2025) IL 4 (1911–2016) AL 4 (1888–1983) NM 4 (1983–2019) AZ 3 (1989–2023) KY 3 (1913–2025) MN 3 (1905–1987) OR 3 (1900–1987) PA 3 (2017–2024) NJ 3 (1973–2023) ID 2 (1914–1983) NE 2 (1928–1982) WV 2 (1911–1999) NH 2 (1972–2018) SC 2 (1973–1986) MA 2 (1996–2025) WI 2 (2007–2011) OK 2 (1931–1985)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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