Action Ex Contractu

19 Florida cases classified under this topic · sorted by citation count · browse and sort

• Dantzler Lumber & Exp. Co. v. Columbia Cas. Co.
  115 Fla. 541· Fla.· 1934-06-21 ·cited 79×
  Columbia Casualty Company, a surety bond issuer, sought equitable subrogation against an accounting firm (Ernst & Ernst) after paying a $10,000 embezzlement claim for Dantzler Lumber & Export Company. The Florida Supreme Court held that the bill of complaint stated sufficient fac
• Nationwide Mut. Ins. Co. v. Helyne Griffin
  222 So. 2d 754· Fla. 4th DCA· 1969-05-23 ·cited 46×
  Nationwide Insurance appealed a judgment awarding death benefits under an automobile liability policy for a 68-year-old passenger who died 350 days after a car accident. The court affirmed, holding that expert medical testimony establishing a causal connection between the acciden
• Mugge v. The Tampa Water Works Co.
  52 Fla. 371· Fla.· 1906-06-01 ·cited 29×
  The Florida Supreme Court held that a water company providing water service under a contract with a municipality owes a tort duty to individual property owners to supply water for fire extinguishing purposes, despite the absence of privity of contract. The court rejected the majo
• Ostman v. Lawn
  305 So. 2d 871· Fla. 3d DCA· 1974-12-31 ·cited 28×
  The statute of frauds bars an action for fraud and deceit based on an oral employment contract that is not to be performed within one year.
• Latimer v. Sears Roebuck & Co.
  285 F.2d 152· 5th Cir.· 1960-11-29 ·cited 27×
  A parent cannot bring an action ex contractu for the death of a minor child under Florida Statute Section 768.03 (Death of Minors Act), even after a 1953 amendment to Section 768.01 (Wrongful Death Act) extended that act to contract claims.
• Gov't Emps. Ins. Co. v. Grounds
  332 So. 2d 13· Fla.· 1976-04-07 ·cited 21×
  The Florida Supreme Court granted certiorari to expunge conflicting language from a First District Court of Appeal decision regarding the characterization of bad faith insurance settlement actions. The Court clarified that such actions are ex contractu (contract-based) rather tha
• Warren v. OLD Dominion Ins. Co.
  465 So. 2d 1376· Fla. 5th DCA· 1985-03-28 ·cited 17×
  The Florida Fifth District Court of Appeal held that insureds are entitled to prejudgment interest on an insurance claim from the date payment was due under the policy, even though the amount of loss was disputed at trial and only determined by jury verdict. The court reversed th
• Miss. River Grain Elevator, Inc. v. Bartlett & Co.
  659 F.2d 1314· 5th Cir.· 1981-10-26 ·cited 12×
  The court affirmed the district court's judgment, finding no error in the application of evidentiary rules, interpretation of contracts, or assessment of claims, and upheld the magistrate's findings adopted by the district court.
• Luise Cristiani v. Daviso Cristiani
  114 So. 2d 726· Fla. 2d DCA· 1959-10-02 ·cited 12×
  A court of equity in a divorce action cannot enter a judgment against the wife for attorney's fees for services rendered to her in that suit, nor can it make payment of such a judgment a condition precedent to further litigation.
• Ressler v. Sena
  307 So. 2d 457· Fla. 4th DCA· 1975-02-07 ·cited 10×
• Wendy M.L. Cooper v. Alford
  477 So. 2d 31· Fla. 1st DCA· 1985-10-17 ·cited 9×
  Interest on a liquidated debt in a contract action commences from the date the debt was due, not from the date of the final court determination.
• In re Mut. Life Ins. Co. of N.Y.
  188 F.2d 424· 5th Cir.· 1951-04-18 ·cited 8×
  The court held that the district judge did not err in refusing to enter a judgment notwithstanding the verdict and that a new jury trial is appropriate.
• Bean v. Harris
  212 So. 2d 368· Fla. 3d DCA· 1968-07-09 ·cited 7×
  This case involves an appeal from a judgment based on a directed verdict for the plaintiff in a contract action. The appellate court affirmed the lower court's decision, holding the defendants personally liable for the contract balance.
• Va. Farm Bureau Mut. Ins. Co. v. Dunford
  877 So. 2d 22· Fla. 4th DCA· 2004-05-26 ·cited 6×
  Virginia Farm Bureau, an insurer that did not issue policies in Florida, challenged personal jurisdiction in Florida when insureds sued for bad faith failure to settle a claim arising from a Florida accident. The Fourth District affirmed jurisdiction, holding that the insurer's b
• Bank OF Cent. Fla. v. Dep't OF Banking & Fin.
  470 So. 2d 742· Fla. 1st DCA· 1985-05-24 ·cited 6×
  Bank of Central Florida appeals a Department of Banking and Finance order determining the value of dissenting shareholders' stock in a bank merger at $46.59 per share. The court affirms the Department's valuation and rejects the shareholders' claims for prejudgment interest, post
• Roger LEE, Inc. v. Trend Mills, Inc.
  410 F.2d 928· 5th Cir.· 1969-05-06 ·cited 6×
  The court held that the plaintiff's claims were barred by the statute of limitations because they sounded in contract, not tort, and the amendment did not sufficiently allege actionable negligence.
• Payton v. Swanson
  175 So. 2d 48· Fla. 3d DCA· 1965-05-11 ·cited 6×
  A non-resident defendant challenged a Florida court's quasi in rem jurisdiction over his bank account through garnishment by a non-resident plaintiff. The court held that Florida law permits non-resident plaintiffs to use garnishment to establish quasi in rem jurisdiction over a
• The N. River Ins. Co. v. Davis
  392 F.2d 571· 4th Cir.· 1968-03-14 ·cited 4×
  The court held that an action for contribution among tortfeasors is an 'action on a tort claim' for the purposes of federal venue statutes.
• Prestress Erectors, Inc. v. James Talcott, Inc.
  235 So. 2d 739· Fla. 3d DCA· 1970-05-26 ·cited 2×
  Prestress Erectors, Inc., a Florida corporation, was sued by James Talcott, Inc. The trial court dismissed the action based on the plaintiff's corporate dissolution for failure to pay capital stock tax. The appellate court reversed, finding that although the initial dismissal may