Ryan v. Lobo de Gonzalez

I dissent from discharging jurisdiction in this case because I conclude that the district court’s decision conflicts with a decision of this Court, and we should clarify the law. The principal issue is whether the doctrine of equitable estoppel applies where the plaintiff did not know about the cause of action until the statute of limitations expired. The district court held that in such circumstances the doctrine of equitable estoppel does not apply. See Ryan v. Lobo de Gonzalez, 841 So.2d 510 (Fla. 4th DCA 2003). As I explain below, the district court’s decision technically conflicts with…