Batie v. Batie

Appellant, Barbara Batie, appeals a final judgment, arguing that the trial court erred in entering summary judgment in favor of Appellee, Billy Franklin Batie, Sr. d/b/a Batie Ti-ee Service, on the basis that Appellant was estopped from bringing the lawsuit at issue. We agree that the trial court erred because Appellant’s position in her first lawsuit against Appellee Batie, while inconsistent with the position taken in her current lawsuit, was not successfully maintained. See Grauer v. Occidental Life Ins. Co. of Cal., 363 So.2d 583, 585 (Fla. 1st DCA 1978) (explaining that in order for a…