Gabriel v. Gabriel

Brevity may be the soul of wit, but it can be carried too far when it comes to legal briefing.

On the question of equitable estoppel, appellant’s brief states, tersely enough, only that, “This is not an action in equity, this is an action in law to recover upon a cognovit note.” That is a correct statement. However, the defense of equitable estoppel is not limited to actions brought in equity. Equitable estoppel may apply to preclude the assertion of rights and liabilities under a note or contract.

On the issue of equitable estoppel, defendant’s brief notes that he “. . . voluntarily…