- 23 - supra at 27.9 Judicial estoppel is a doctrine adopted to protect the courts, and we possess discretion in invoking it. Fazi v. Commissioner, supra at 446; see also In re Cassidy, 892 F.2d 637, 642 (7th Cir. 1990). Thus, in the instant case, we must determine: (1) Whether John maintained before the Florida State courts that the provision of the Stipulation and Final Judgment requiring him to pay $2,500 per month was a property settlement under Florida law; and, if so, (2) whether this position was accepted by the State courts in their rulings. Unless both requirements are satisfied, Faye's argument must fail. In his motion to dismiss, filed in the Fourth Judicial Circuit on or about January 12, 1982, John stated that "the Wife is attempting to modify a property settlement agreement, which is a non-modifiable document under the laws of the State of 9In Edwards v. Aetna Life Ins. Co., 690 F.2d 595, 599 (6th Cir. 1982), the Court of Appeals for the Sixth Circuit stated: Absent judicial acceptance of the inconsistent position, application of the rule is unwarranted because no risk of inconsistent results exists. Thus, the integrity of the judicial process is unaffected; the perception that either the first or the second court was misled is not present. [Citations omitted.] See also Teledyne Indus., Inc. v. NLRB, 911 F.2d 1214, 1218 (6th Cir. 1990).Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011