American National Insurance Co. v. Noble Communications Co.

I concur in J. Parrish’s opinion. However, as to Lessee’s first point, I would emphasize that Lessee did waive this issue at oral argument lest we leave the impression that merely addressing affirmative defenses in a memorandum in support of or in opposition to a motion for summary judgment is sufficient to dispel them. This is especially true for the defense of equitable estoppel as it is largely factually based. As this court has observed:

“ ‘No definition of estoppel, however, can be completely satisfactory. An equitable estoppel rests largely on the facts and circumstances of the…