law-equitable-estoppel | estoppel | quasi-estoppel | equitable estoppel | admission | deemed admissions | res
judicata | claim preclusion | collateral estoppel | collateral attack

Elements of equitable estoppel

The doctrine of equitable estoppel requires (1) a false representation or concealment of
material facts, (2) made with
knowledge, actual or constructive, of those facts, (3) with the
intention that it should be acted on, (4) to a party without knowledge or means of obtaining
knowledge of the facts, and (5) who detrimentally relied on the representations. Johnson &
Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 515-16 (Tex. 1998).

The common element of all of Wood's causes of action is reliance. TCC moved for summary judgment,
asserting that there was no evidence of reliance. Neither in the trial court below nor in her briefing to this Court
has Wood shown how she relied on any of TCC's alleged misrepresentations that she did not have to take and
pass the CSCE as a requirement for graduation. Dr. Conklin's purported statement to her, before she took the
CSCE, simply noted that students who had failed the CSCE did eventually graduate. Also, the fact that TCC
had approved her application for graduation does not show that Wood did not have to take and pass the
CSCE as a requirement for graduation. Moreover, the clinic director's certification that Wood satisfied the
internship requirements and the transcript do not show that the CSCE was not a requirement for graduation.

Accordingly, we hold that the trial court did not err in granting TCC's no-evidence summary judgment motion
because Wood did not show how she relied on any alleged misrepresentation by TCC.

Wood v. Texas Chiropractic College (Tex.App.- Houston [1st Dist.] July 24, 2008) (Jennings)
(suit by student against private educational institution,
DTPA, misrepresentation, no reliance shown, NE-SJ)
Justice Jennings
Before Justices Taft and Jennings, The Honorable Hudson
01-07-00952-CV Kelly Wood v. Texas Chiropractic College
Appeal from 190th District Court of Harris County
Trial Court
Judge: Hon. Jennifer Walker Elrod  

Stamper v. Knox (Tex.App.- Houston [1st Dist.] Mar. 20, 2008)(Majority Opinion by Keyes)(case with separate
concurring opinion) (family law, presumption of paternity, nonpaternity, DNA testing, equitable estoppel)
Justice Keyes
01-06-00875-CV Michelle Stamper f/k/a Michelle Knox v. Stanley Keith Knox
Appeal from 306th District Court of Galveston County
Trial Court Judge: Hon. Janis L. Yarbrough
Concurring Opinion by Justice Jennings in Stamper v. Knox
Trial Court Judge: Hon. Janis L. Yarbrough