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737 So. 2d 595

Docket No. 98-2032.

Denmark v. Michael

John D. DENMARK, Appellant, v. Melvin MICHAEL and Patricia Denmark, n/k/a Patricia Lincoln, Appellees.

District Court of Appeal of Florida

Decided July 7, 1999.

Rehearing Denied August 9, 1999.

District Court of Appeal of Florida · decided 1999-07-07

Cited by 3 later decisions — most recently February 2011

3 state decisions

Relies on Palm Beach Co. v. Palm Beach Estates · Barr v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1999-07-07

View the full empirical analysis of this case →

¶1William K. Gordon, Melrose, for Appellant.

¶2No appearance, for Appellees.

¶3PER CURIAM.

¶4John D. Denmark appeals a final summary judgment in his action against appellees, Patricia Lincoln, Denmark's former wife, and Melvin Michael, Lincoln's father, for cancellation of a warranty deed and quit claim deed, replevin, conversion and ejectment. We agree with the trial court that Denmark is estopped from asserting his title to the subject property in the instant action because, in prior litigation concerning the property, he successfully maintained the position that title to the property was held by appellee Michael. See Dimino v. Farina,572 So.2d 552, 556-57 (Fla. 4th DCA 1990); Grauer v. Occidental Life Ins. Co. of Calif., *596 363 So.2d 583, 584-85 (Fla. 1st DCA 1978); see also Palm Beach Co. v. Palm Beach Estates,110 Fla. 77, 148 So. 544, 549 (1933). Accordingly, we affirm on all issues.

¶5BOOTH, MINER AND VAN NORTWICK, JJ., CONCUR.

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