VINING v. SEGAL

No. 3D00-1871.

773 So.2d 1243 (2000)

Edward C. VINING, Jr., Appellant, v. Howard I. SEGAL, Bernice Yellen as Personal Representative of the Estate of Lorraine K. Segal, and Commercial Bank of Florida, Appellees.

District Court of Appeal of Florida, Third District.

December 13, 2000.


Attorney(s) appearing for the Case

Edward C. Vining, Jr., in proper person.

Gary S. Glasser, Miami, for appellee Howard I. Segal.

Before JORGENSON and SHEVIN, JJ., and NESBITT, Senior Judge.


SHEVIN, J.

We reverse the order dismissing the proceedings to enforce a judgment and dissolving the writs of garnishment, as the trial court erred in relying on the doctrine of judicial estoppel. That doctrine does not support the order: Howard I. Segal did not detrimentally rely on Edward C. Vining's failure, in Vining's bankruptcy action, to disclose an asset, namely a judgment against Segal. The failure to disclose an asset in a bankruptcy action does not justify...

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