. 429, 155 So. 647 (1934) (a party who took one position on appeal is estopped from thereafter taking an inconsistent position in the trial court); Harper ex rel. Daley v. Toler, 884 So. 2d 1124, 1135 (Fla. 2d DCA 2004) ("a party may not ordinarily take one position in proceedings at the trial level and then