Estoppel

Estoppel, sometimes referred to as equitable estoppel, is an Affirmative Defense. The party raising estoppel must prove its elements by clear and convincing evidence. Ennis v. Warm Mineral Springs, Inc., Case::203 So.2d 514, 519 (Fla. 2d DCA 1967).

The elements of estoppel are:


 * 1) The party against whom estoppel is sought must have made a representation about a material fact that is contrary to a position it later asserts;
 * 2) The party claiming estoppel must have relied on that representation; and
 * 3) The party seeking estoppel must have changed his position to his detriment based on the representation and his reliance on it.

Watson Clinic, LLP v. Verzosa, Case::816 So.2d 832, 834 (Fla. 2d DCA 2002), citing ''Lewis v. Dep't of Health & Rehab. Servs.'', Case::659 So.2d 1255, 1256-57 (Fla. 4th DCA 1995).

Mere delay is insufficient to support a defense of estoppel. ''Goodwin v. Blu Murray Ins. Agency, Inc.'', 939 So.2d 1098, 1104 (Fla. 5th DCA 2006).

Probate
In the probate context, estoppel also requires a showing of affirmative deception, which, like the other elements of estoppel, must be proven by clear and convincing evidence. Castro v. E. Pass Enterprises, Inc., Case::881 So.2d 699, 700 (Fla. 1st DCA 2004), citing ''American & Foreign Ins. Co. v. Dimson, Case::645 So.2d 45, 48 (Fla. 4th DCA 1994) and Watson Clinic, LLP v. Verzosa'', Case::816 So.2d 832, 834 (Fla. 2d DCA 2002).