Damages For Fraud

31 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Stokes v. Victory Land Co.
  99 Fla. 795· Fla.· 1930-04-09 ·cited 190×
  Purchasers of real estate lots sought rescission of a land contract based on alleged fraudulent misrepresentations by the seller regarding construction of a Venetian pool near the property. The Florida Supreme Court affirmed dismissal of the bill, holding that the purchasers fail
• Janigan v. Taylor
  344 F.2d 781· 1st Cir.· 1965-05-04 ·cited 163×
  The court held that federal law governs the accrual of a cause of action under the Securities Exchange Act, even when state law dictates the limitations period, and that a fraudulent seller must disgorge profits gained from the fraudulent sale.
• Nordyne, Inc. v. Fla. Mobile Home Supply, Inc.
  625 So. 2d 1283· Fla. 1st DCA· 1993-10-20 ·cited 67×
  Nordyne appealed a jury verdict that found it liable for fraud and tortious interference with business relationships, awarding FMHS compensatory and punitive damages. The court affirmed the liability findings and most damages awards but reversed the trial court's post-trial judgm
• Naartex Consulting Corp. v. Watt
  722 F.2d 779· D.C. Cir.· 1983-11-29 ·cited 43×
  The court held that the district court properly dismissed the action for lack of personal jurisdiction over indispensable private defendants and for substantive defects in the claims against the government.
• Strickland v. Muir
  198 So. 2d 49· Fla. 4th DCA· 1967-04-19 ·cited 32×
  The Florida District Court of Appeal affirmed a judgment against a co-defendant attorney-examiner for fraud and deceit in misrepresenting the financial condition of a corporation, but reversed and remanded the damages award due to insufficient proof of actual value.
• W.F. Yost v. Rieve Enters., Inc.
  461 So. 2d 178· Fla. 1st DCA· 1984-12-11 ·cited 24×
  In this consolidated appeal involving the sale of a restaurant, the court addressed claims of fraud and misrepresentation by the seller Yost, breach of contract by buyer Rieve, and the broker Stirrett's entitlement to commission. The court affirmed rescission based on fraudulent
• Slotkin v. Citizens Cas. Co. OF NEW York
  614 F.2d 301· 2d Cir.· 1979-08-29 ·cited 18×
  The court denied most petitions for rehearing, clarifying that its prior decision did not impinge on reinsurance privity and that a retrial could address agency and misrepresentation. It also struck an alternative holding against John McGrath based on a theory not previously adva
• Music Research, Inc. v. Vanguard Recording Soc'y, Inc.
  547 F.2d 192· 2d Cir.· 1976-12-30 ·cited 18×
  The court affirmed the jury's award of damages for fraud, finding that issues of limitations, reliance, and damages were properly submitted to the jury and supported by the evidence.
• Gladding Corp. & Outdoor Sporting Goods Co. v. Register
  293 So. 2d 729· Fla. 3d DCA· 1974-04-09 ·cited 17×
  Gladding Corporation and Outdoor Sporting Goods Co. sought rescission of a business acquisition agreement on grounds of fraud and misrepresentation by the seller, Thomas Register. The trial court denied rescission and found Gladding liable under the sales and employment agreement
• Weil Clothing Co., Inc. v. Glasser
  213 F.2d 296· 5th Cir.· 1954-05-20 ·cited 12×
  The court held that the trial court erred in excluding evidence of lost profits and in refusing a trial amendment to conform the pleadings to the evidence, as the plaintiff's claim of fraud was sufficient and the defendant failed to show prejudice.
• Schoonover v. Schoonover
  172 F.2d 526· 10th Cir.· 1949-01-27 ·cited 12×
  The court held that the trial court had jurisdiction to enforce a separation agreement or award damages for fraud, as the agreement was not merged into the divorce decree.
• Mayfield v. First Nat. Bank of Chattanooga
  137 F.2d 1013· 6th Cir.· 1943-08-31 ·cited 12×
  The court held that appellants were barred by the doctrine of election from pursuing individual claims for breach of trust after accepting a pro rata share of a class action settlement, as accepting the settlement affirmed the contract and precluded claims that repudiated it.
• Homelite v. Trywilk Realty Co., Inc.
  272 F.2d 688· 4th Cir.· 1959-12-05 ·cited 10×
  The court held that the lessor's false representation of existing sewer connections constituted fraud, justifying the lessee's rescission of the lease and entitling the lessee to damages.
• Howard v. Crawford & Co.
  384 So. 2d 1326· Fla. 1st DCA· 1980-06-24 ·cited 8×
  A claims adjuster allegedly defrauded a minor accident victim by misrepresenting her insurance policy limits, inducing her to settle for less than the full amount. The court reversed the judgment on the pleadings, holding that attorney's fees incurred to correct the fraud are rec
• Oosterhuis v. Palmer
  137 F.2d 322· 2d Cir.· 1943-07-12 ·cited 8×
  The court held that the Comptroller and the district court must make an informed, independent judgment when approving a shareholder liability compromise, and their approval is not bound by the receiver's knowledge of fraud.
• The Green Mountain Corp., Inc. v. Frink
  604 So. 2d 579· Fla. 4th DCA· 1992-09-16 ·cited 6×
• Havoco OF Am., Ltd. v. Hilco, Inc.
  731 F.2d 1282· 7th Cir.· 1984-04-13 ·cited 6×
  The court held that a party does not necessarily waive its fraud claim by suing for breach of contract and accepting a settlement, especially when the contract was substantially performed and the settlement expressly reserved other claims.
• Skylake Ins. Agency, Inc. v. NMB Plaza, LLC
  23 So. 3d 175· Fla. 3d DCA· 2009-10-28 ·cited 5×
  A Florida appellate court held that a ten-year commercial lease between an LLC landlord and corporate tenant must comply with Florida's two-witness signature requirement for conveyances of real property interests, even though the lease satisfied the statute of frauds. However, th
• Laney v. Am. Equity Inv. Life Ins.
  243 F. Supp. 2d 1347· M.D. Fla.· 2003-01-31 ·cited 5×
  The court held that plaintiffs may recover either surrender fees or well-managed account losses, but not statutory damages with interest or emotional distress damages. The statute of limitations issue regarding continuing torts precludes summary judgment.
• Haisfield v. Fleming, Haile & Shaw, P.A.
  819 So. 2d 182· Fla. 4th DCA· 2002-05-15 ·cited 4×
  Haisfield sued his former attorneys at Squire, Sanders & Dempsey (SS & D) for legal malpractice after they pursued a lawsuit for specific performance with abatement of purchase price in a real estate dispute. The court affirmed summary judgment for SS & D under the doctrine of ju
• Attanasio v. Excel Dev. Corp.
  757 So. 2d 1253· Fla. 4th DCA· 2000-05-10 ·cited 4×
  Homebuyers sued a real estate developer for fraudulent and negligent misrepresentation regarding property features, including easements, canal access, landscaping buffers, and sprinkler system water sources. The trial court dismissed the fraud claims under the Statute of Frauds,
• Cohn v. Kramer
  124 F.2d 791· 6th Cir.· 1942-01-15 ·cited 4×
  The court held that the lessees' fraudulent misrepresentations regarding film procurement and operation constituted fraud in the inception of the lease, justifying its cancellation, and that the lessors did not waive their right to cancellation.
• Boca Palm Invs., Inc. v. Jerdon Inc.
  568 So. 2d 505· Fla. 4th DCA· 1990-10-17 ·cited 1×
  A party may affirm a contract despite fraud and still seek damages for that fraud.
• Ahmad Izadi v. MacHado (GUS) Ford, Inc.
  550 So. 2d 1135· Fla. 3d DCA· 1989-08-01 ·cited 1×
  A car dealership advertised a $3,000 trade-in allowance prominently but buried qualifying language in tiny print limiting it to specific vehicle models. When a customer attempted to purchase a Ford Ranger using the prominently displayed offer, the dealership refused. The court he
• KSQHG, Inc. v. Geiserman
  682 So. 2d 1190· Fla. 4th DCA· 1996-11-13
  When a complaint contains multiple counts including both an accounting claim and other legal claims, the trial court does not abuse its discretion by ordering discovery of financial information, including tax returns, before determining whether the party seeking the accounting ha
• Nat'l Aircraft Servs., Inc. v. Aeroserv Int'l, Inc.
  544 So. 2d 1063· Fla. 3d DCA· 1989-06-06
  The court reversed the award of nominal and punitive damages for fraud against Aeroserv, finding the fraud claim was not properly pleaded, lacked the essential element of actual damages, and impermissibly duplicated damages already awarded for breach of contract. The court affirm
• Bostic v. Amoco OIL Co.
  553 F.2d 329· 4th Cir.· 1977-03-18
  The court held that the conveyance was the result of mutual mistake, not attributable to Amoco's fault, and that Bostic's own lack of understanding and his attorney's deficiencies caused the error.
• Est. of Arthur Vining Davis v. Price
  25 Fla. Supp. 91· Dade Cty. Cir. Ct.· 1965-04-13
  The court affirmed the dismissal of a counterclaim filed by William R. Price against the Estate of Arthur Vining Davis, finding that the counterclaim did not state a cause of action.
• McCARTY v. Runkle
  285 F.2d 144· 5th Cir.· 1960-12-19
  The court held that both defendants were jointly and severally liable for fraudulent representations under Texas law, and the plaintiff's reliance on those representations was sufficiently established.
• Lohr v. Bishop
  265 F.2d 820· D.C. Cir.· 1959-03-26
  The court held that the trial court's disposition of the case, including dismissal of claims and judgment on a counterclaim, was correct.