From Casetext: Smarter Legal Research

Wilkerson v. Alachua County

District Court of Appeal of Florida, First District
Jul 16, 1996
675 So. 2d 951 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-607.

March 19, 1996. Rehearing Denied July 16, 1996.

An appeal from the Circuit Court for Alachua County; W.O. Beauchamp, Judge.

Robert A. Rush, Gainesville, for Appellants.

Robert M. Ott, County Litigation Attorney, Gainesville, for Appellees.


Appellants are challenging an order granting appellee's motion to dismiss with prejudice, nunc pro tunc. Appellants argue that the appellee is estopped from asserting a statute of limitations defense. This estoppel argument, however, was never presented to the lower court. This court has no authority to apply an equitable defense, such as estoppel, in the first instance. See, Palmer v. Thomas, 284 So.2d 709 (Fla. 1st DCA 1973) (the function of an appellate court is to review errors allegedly committed by trial courts and not to entertain for the first time on appeal defenses which the complaining party could and should have but did not interpose and present to the trial court for decision). Because it was not raised below, we cannot find the lower court erred in not applying this equitable defense. See, Mighty Oak, Inc. v. Hartford Accident Indemnity Co., 399 So.2d 425 (Fla. 5th DCA 1981). Having no basis to overturn the lower court's order, it is AFFIRMED.

BOOTH, JOANOS and VAN NORTWICK, JJ., concur.


Summaries of

Wilkerson v. Alachua County

District Court of Appeal of Florida, First District
Jul 16, 1996
675 So. 2d 951 (Fla. Dist. Ct. App. 1996)
Case details for

Wilkerson v. Alachua County

Case Details

Full title:MICHAEL WILKERSON, ET AL., APPELLANTS, v. ALACHUA COUNTY, FLORIDA, ET AL.…

Court:District Court of Appeal of Florida, First District

Date published: Jul 16, 1996

Citations

675 So. 2d 951 (Fla. Dist. Ct. App. 1996)

Citing Cases

Becker v. Becker

Moreover, the argument is being raised for the first time on appeal. Therefore, it is not subject to review…

Labrada v. Metropolitan Dade County

The issue of the sufficiency of the notice as to the wife's loss of consortium claim was not argued below and…