Civil Litigation
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Watson Clinic, LLP v. Verzosa
27 Fla. L. Weekly D1231 (Fla. 2nd DCA May 31, 2002)
One who mistakenly receives additional compensation, must return it to the rightful owner, unless there is a legal or equitable claim to the money. In order to make an equitable estoppel claim three elements must be met: 1) the estopped party must have made a prior representation about material facts that is contrary to a later asserted position; 2) the party claiming estoppel must rely on that representation; and 3) the party claiming estoppel must have changed their position to their own detriment as a result of that representation. The court found that having spent the additional compensation is not a sufficient showing of detriment, and thus will still require reimbursement.
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