Applying Judicial Estoppel In Fla., Ga. And Federal Courts

Law360, New York (January 7, 2014, 10:34 AM EST) -- Under the “universal rule,” accepted in Florida and “in every other jurisdiction,” a party is “estopped” to assert inconsistent positions in litigation. Salcedo v. Asociacion Cubana Inc., 368 So. 2d 1337, 1338 (Fla. 3d DCA 1979).

The Third District cited the leading Florida case on the rule, Palm Beach Co. v. Palm Beach Estates, 148 So. 544, 549 (Fla. 1933), abrogated on other grounds in Ed Ricke & Sons Inc. v. Green, 609 So. 2d 504, 506 (Fla. 1992), as follows:

The real meaning of the...
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