law-estoppel | quasi-estoppel | equitable estoppel | promissory estoppel | promissory estoppel & statute as  
frauds exception |  admission | deemed admissions | res judicata | claim preclusion | collateral estoppel |
collateral attack

ELEMENTS OF ESTOPPEL

Estoppel requires five elements: (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 the means of knowledge of those facts; (5) who
detrimentally relied upon the misrepresentation. Johnson & Higgins v. Kenneco Energy, 962 S.W.
2d 507, 515-16 (Tex.1998); Schroeder v. Tex. Iron Works, Inc., 813 S.W.2d 483, 489 (Tex.1991);
Gulbenkian v. Penn, 151 Tex. 412, 418, 252 S.W.2d 929, 932 (1952).

ESTOPPEL THEORIES

Appellants also contend that their allegations of “estoppel by conduct, estoppel by action, estoppel by
oath, judicial estoppel, [and] equitable estoppel” regarding the Davises’ ability to claim dividends were
“theories of liability,” on which the trial court could not render summary judgment sua sponte. However,
these allegations are
not theories of liability or claims; rather, they are akin to affirmative
defenses
. See Stanolind Oil & Gas Co. v. Midas Oil Co., 143 S.W.2d 138, 141 (Tex. Civ. App.—Austin
1940, writ ref’d) (concluding that allegation of estoppel by conduct was allegation of affirmative defense);
Sefzik v.City of McKinney, 198 S.W.3d 884, 895 (Tex. App.—Dallas 2006, no pet.) (indicating that
equitable estoppel is affirmative defense); Dallas Sales Co. Inc. v. Carlisle Silver Co., 134 S.W.
3d 928, 931 (Tex. App.—Waco 2004, pet. denied)(indicating that
judicial estoppel is affirmative
defense
). A defendant moving for summary judgment against a plaintiff’s claims and theories of liability
need not also attack the plaintiff’s “defensive” allegations (e.g., this type of estoppel). See Dobbs v.
Camco, Inc., 445 S.W.2d 565, 571 (Tex. Civ. App.—Houston [1st Dist.] 1969, writ ref’d n.r.e.).
Wilson v. Davis (Tex.App. - Houston [1st Dist.] Aug. 14, 2009)(Taft)   
(
theories of corporate liability for deadly car wreck caused by intoxicated individual, respondeat superior,
course and scope of employment, piercing corporate veil, alter ego theory, and others)  
REVERSE TC JUDGMENT AND RENDER JUDGMENT:
Opinion by Justice Taft  
Before Justices Taft, Keyes and Alcala
01-06-00424-CV Rhonda Wilson and Thomas Stevenson, et al. v. Sam Davis, Amalgam Western, et al  
Appeal from
Probate Court No 1 of Harris County


Allstate Indemnity Co. v. Hadley Medical Clinic (Tex.App.- Houston [14th Dist.] Dec. 13, 2007)(Hedges)
(
auto PI, personal injury settlement, third-party beneficiary, quasi-estoppel)
REVERSED AND REMANDED: Opinion by
Chief Justice Hedges
Before Chief Justice Hedges, Justices Anderson and Seymore
14-06-00436-CV Allstate Indemnity Company and Allstate Property and Casualty Insurance Company v.
Hadley Medical Clinic, Hampton Medical Clinic, Imperial Valley Medical Clinic, and Southwest Houston
Physician Center
Appeal from County Civil Court at Law No 1 of Harris County (
R. Jack Cagle)


Fairchild v. Barron (Tex.App.- Houston [1st Dist] Jan. 30, 2009)(Alcala)
(
summary judgment, tortious interference, motion to compel, estoppel)
AFFIRM TC JUDGMENT: Opinion by
Justice Elsa Alcala
Before Chief Justice Radack, Justices Alcala and Hanks
01-07-00534-CV        James W. Fairchild, Individually and in the name and right of Exeter Energy Services,
L.P., and Fairchild & Wells, Inc. v. Thomas F. Barron, Tetra Prime, Inc., and John Wells, Individually
Appeal from 129th District Court of Harris County
Trial Court Judge: Hon.
Grant Dorfman


Simulis, L.L.C. v. Gen. Elec. Capital Corp., No. 14-06-00701-CV, (Tex. App.—Houston [14th Dist.] Apr. 17,
2008, no pet.)
Simulis LLC v. GE Capital Corp. (Tex.App.- Houston [14th Dist.] Apr. 17, 2008)(Yates)
(
promissory note, estoppel, quantum meruit)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Brock Yates  
Before Justices Brock Yates, Fowler and Guzman
14-06-00701-CV Simulis, L.L.C. v. General Electric Capital Corporation [GE Capital Corp]
Appeal from 270th District Court of Harris County
Trial Court Judge:
Brent Gamble    



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