Duty To Inquire

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

• Byrnes v. The Mut. Life Ins. Co. OF NEW York
  217 F.2d 497· 9th Cir.· 1954-12-06 ·cited 14×
  The court held that the insurance policy was void due to the insured's material misrepresentations, and the beneficiary, even if he paid the premium, was bound by these misrepresentations.
• Findley v. Red Top Super Mkts., Inc.
  188 F.2d 834· 5th Cir.· 1951-05-10 ·cited 14×
  Suppliers and crew are not entitled to payment for supplies and wages ordered or incurred by an unauthorized individual, as suppliers have a duty to inquire about authority.
• Kenney v. State
  611 So. 2d 575· Fla. 1st DCA· 1992-12-31 ·cited 12×
• United States v. Turner Constr. Co.
  819 F.2d 283· Fed. Cir.· 1987-05-22 ·cited 12×
  The court held that the government's insistence on placing air volume control transmitters in metal cabinets constituted a constructive change to the contract specifications, entitling the contractor to an equitable adjustment.
• Williams Island Country Club, Inc. v. SAN Simeon AT THE Cal. Club, Ltd.
  454 So. 2d 23· Fla. 3d DCA· 1984-07-24 ·cited 12×
  Williams Island Country Club sought a preliminary injunction to establish an implied easement for a golf cart path across appellees' property that divides the thirteenth and fourteenth holes of its golf course. The court reversed the trial court's denial of the injunction, holdin
• Black v. The United States
  357 F.2d 355· Ct. Cl.· 1966-02-18 ·cited 12×
  The court held that the plaintiff was entitled to recover the difference in wages paid due to the government's ordering higher wages than initially contracted, but only for the increase directly attributable to the government's actions.
• Forrest v. State
  133 Fla. 310· Fla.· 1938-06-17 ·cited 12×
  The Florida Supreme Court affirmed a conviction for receiving stolen property, holding that a jury instruction regarding the defendant's knowledge of stolen goods was not reversible error when considered with other instructions, despite potential criticism when viewed in isolatio
• Willis v. Hillsborough Cnty.
  117 Fla. 1· Fla.· 1934-10-15 ·cited 12×
  Hillsborough County sought to rescind sales of two separate parcels of land to Willis and Hall, claiming the defendants made fraudulent misrepresentations about improvements on the property and that the property was sold for inadequate prices. The Florida Supreme Court reversed,
• In re Bradley v. Pac. Sw. Bank, FSB
  960 F.2d 502· 5th Cir.· 1992-05-13 ·cited 11×
  A debtor's actual use and possession of property for homestead purposes, even if accompanied by a disclaimer or intent to develop, establishes homestead rights, and lenders have a duty to inquire into such use.
• Johnson & Johnson Prods., Inc. v. DAL Int'l Trading Co.
  798 F.2d 100· 3d Cir.· 1986-08-11 ·cited 11×
  The court held that the district court erred in imposing a duty to inquire on a good faith purchaser under the UCC, and the record did not support a finding that Quality King suspected fraud.
• Arvayo v. United States
  766 F.2d 1416· 10th Cir.· 1985-06-26 ·cited 11×
  The court held that the Arvayos' claim accrued when a reasonable person in their position, aware of drastically different diagnoses and the likelihood of brain damage within a short period, would have inquired about potential misdiagnosis and its causal link to the injury, not wh
• Camera v. Fogg
  658 F.2d 80· 2d Cir.· 1981-08-26 ·cited 11×
  The court held that the joint representation of multiple defendants by a single attorney, where an actual conflict of interest adversely affected the attorney's performance, violated the Sixth Amendment right to counsel.
• James K. Owen et ux. v. James L. Yount et ux.
  198 So. 2d 360· Fla. 2d DCA· 1967-04-26 ·cited 11×
  Owen purchased a drainage easement that was dedicated on a platted subdivision near Lake Winterset, and later attempted to prevent the Younts from using it to access the lake. The court held that while the primary purpose of the recorded easement was drainage, the documented dedi
• Guth v. Commissioner OF Internal Revenue
  897 F.2d 441· 9th Cir.· 1990-03-01 ·cited 10×
  The court held that the wife was entitled to innocent spouse relief because she lacked knowledge or reason to know of the substantial tax understatement due to her husband's erroneous deductions, and the Tax Court did not err in its determination.
• Hammond v. Heckler
  765 F.2d 424· 4th Cir.· 1985-06-24 ·cited 10×
  The court held that the Secretary improperly applied medical-vocational grid rules without sufficient individualized assessment of the claimant's limitations.
• AIR Flow Heating & AIR Conditioning, Inc. v. Thompson S. Baker
  326 So. 2d 449· Fla. 4th DCA· 1976-01-16 ·cited 10×
  In this interlocutory appeal, the court addresses the priority between a mortgage lien and mechanic's liens when the mortgage was recorded without an attached legal description. The court held that the mortgage, as originally recorded on July 19, 1973, did not impart constructive
• Merando, Inc. v. The United States
  475 F.2d 598· Ct. Cl.· 1973-03-16 ·cited 10×
  The court held that where there is a discrepancy between painting schedules and finish schedules, the painting schedules, as part of the specifications, govern, and a contractor is obligated to inquire about obvious discrepancies.
• Emile v. Carroll D. Bright for Mary E. Emile
  203 So. 2d 328· Fla. 4th DCA· 1967-09-29 ·cited 10×
  A bank cannot seize and retain funds held in a 'Trustee' account to offset a depositor's personal debt if the bank has knowledge or notice that the funds are trust funds belonging to a third party.
• Gus Kraus v. The United States
  366 F.2d 975· Ct. Cl.· 1966-10-14 ·cited 10×
  The dissenting judges would hold that the plaintiff's failure to seek clarification from the Contracting Officer regarding a patent ambiguity in the contract drawing precludes recovery.
• Carter OIL Co. v. Crude Oil Co. (oklahoma)
  201 F.2d 547· 10th Cir.· 1953-01-12 ·cited 10×
  The dissenting judge would reverse the case, finding the suit to be one in contract to which the five-year statute of limitations applies, and that Grisso is an indispensable party if the suit is in equity for fraud.
• McRae v. Adaline McMinn
  17 Fla. 876· Fla.· 1880-06-01 ·cited 10×
  In this equity case involving disputed land distribution, the Florida Supreme Court held that a mutual mistake in describing land parcels in a distribution instrument could be reformed by equity. The court also ruled that a subsequent purchaser with constructive notice of the dis
• In re Alton v. Alton
  837 F.2d 457· 11th Cir.· 1988-02-12 ·cited 9×
  A request for an extension of time to file a dischargeability complaint under Fed.R.Bankr.P. 4007(c) must be filed before the original deadline has expired. Actual notice of the bankruptcy proceeding is sufficient to impose a duty on the creditor to inquire about deadlines.
• DiBARTOLOMEO v. State
  450 So. 2d 925· Fla. 4th DCA· 1984-06-13 ·cited 9×
  Gary DiBartolomeo was convicted of burglary of a conveyance and sentenced to five years imprisonment, but the Florida Fourth District Court of Appeal reversed because the trial court compelled him to proceed pro se without making an adequate inquiry into his financial ability to
• Pinzl v. Lapointe
  426 So. 2d 65· Fla. 5th DCA· 1983-02-02 ·cited 9×
• Harkless v. Laubhan
  278 So. 3d 728· Fla. 2d DCA· 2019-07-10 ·cited 8×
  A purchaser is a bona fide purchaser without notice only when it has actual notice, constructive notice, or implied notice of an unrecorded property interest. The Laubhans were not bona fide purchasers without notice because they had implied notice of Harkless's retained right to
• Ruiz v. Fortune Ins. Co.
  677 So. 2d 1336· Fla. 3d DCA· 1996-08-07 ·cited 8×
  The court held that an insurer's proof of mailing a cancellation notice to the insured is legally sufficient, even if the insured denies receipt, and that the insurer was not estopped from disclaiming coverage.
• Interstate Gen. Gov't Contractors, Inc. v. Michael P.W. Stone
  980 F.2d 1433· Fed. Cir.· 1992-12-03 ·cited 8×
  A contractor's failure to seek clarification of a patent ambiguity in a government contract before bidding precludes recovery for costs incurred due to that ambiguity.
• Erdahl v. Commissioner OF Internal Revenue
  930 F.2d 585· 8th Cir.· 1991-04-08 ·cited 8×
  The court held that the tax court applied an erroneous legal standard in determining that Mrs. Erdahl knew or had reason to know of the substantial understatement, and that mere knowledge of the underlying transaction is insufficient to deny innocent spouse relief.
• In re Compton v. Compton
  891 F.2d 1180· 5th Cir.· 1990-01-16 ·cited 8×
  A creditor's actual knowledge of bankruptcy proceedings, even without formal notice of filing deadlines, is sufficient to bar the late filing of a complaint objecting to the dischargeability of a debt.
• Fed. Enters., Inc. v. Greyhound Leasing & Fin. Corp.
  849 F.2d 1059· 8th Cir.· 1988-06-02 ·cited 8×
  The jury instructions, while not perfect, fairly and correctly stated the governing law regarding agency and the burden of proof, and the court did not err in admitting evidence or instructing the jury.
• Sexton v. United States
  832 F.2d 629· D.C. Cir.· 1987-11-06 ·cited 8×
  A claim under the Federal Tort Claims Act accrues when the plaintiff has discovered both the injury and its cause, even if unaware that the harm was negligently inflicted. The statute of limitations begins to run at that point, requiring the plaintiff to inquire into potential ne
• Container Transp. Int'l, Inc. v. The United States
  437 F.2d 1365· Ct. Cl.· 1971-02-19 ·cited 8×
  The court held that the plaintiff's previously filed rate of $35.30 per cwt. with a 500-pound minimum weight remained in effect because the filing of a volume rate using an unexplained 'Type Change Code 4' did not unequivocally cancel the prior rate, especially given the ambiguit
• Pilot Life Ins. Co. v. Pulliam Motor Co.
  229 F.2d 912· 4th Cir.· 1956-02-15 ·cited 8×
  The court held that the insurer failed to prove fraud and was deemed to have waived its right to rescind the policy due to its own knowledge and that of its medical examiner.
• Hill v. Louis W. Sullivan, M.D.
  924 F.2d 972· 10th Cir.· 1991-01-28 ·cited 7×
  The court held that the Secretary failed to follow proper procedures in evaluating the claimant's potential mental impairment, requiring a remand for further proceedings.
• Cardinal Shipping Corp. v. M/S Seisho Maru
  744 F.2d 461· 5th Cir.· 1984-10-22 ·cited 7×
  A Prohibition-of-Lien clause in a head charterparty, if properly noticed, prevents a subcharterer from asserting a maritime lien against the vessel for breach of a subcharter, even if cargo was loaded.
• Benson v. Seestrom
  409 So. 2d 172· Fla. 2d DCA· 1982-01-29 ·cited 7×
  The dissenting opinion argues that a counteroffer had lapsed before it was communicated to the appellee, and the appellant did not create an appearance of authority for her agent to waive the expiration date, thus the appellee's acceptance should not be considered valid.
• Palafrugell Holdings, Inc. v. Marwin S. Cassel
  940 So. 2d 492· Fla. 3d DCA· 2006-10-18 ·cited 6×
  The court held that the trial court erred in granting summary judgment by failing to consider whether the agent's actions should have raised a reasonable doubt in the attorney's mind, requiring further inquiry into the extent of the agent's authority.
• Zlinkoff v. VON Aldenbruck
  765 So. 2d 840· Fla. 4th DCA· 2000-08-16 ·cited 6×
  Zlinkoff purchased a condominium at a foreclosure sale and was later sued by Von Aldenbruck, the holder of a mortgage on the property. The court reversed the judgment in favor of Von Aldenbruck, holding that the foreclosure action was barred by Florida's statutory five-year limit
• Moskowitz v. State Farm Mut. Auto. Ins. Co.
  646 So. 2d 262· Fla. 2d DCA· 1994-11-30 ·cited 6×
  Mitchell Moskowitz sued State Farm for an uninsured motorist claim following an automobile accident, but State Farm obtained summary judgment against him because he settled with the tortfeasor without providing the statutorily required written notice to State Farm before settling
• Herbert Constr. Co. v. Cont'l Ins. Co.
  931 F.2d 989· 2d Cir.· 1991-04-19 ·cited 6×
  The court held that the district court erred in granting summary judgment for the plaintiff because genuine issues of material fact exist regarding the principal's responsibility for the agent's apparent authority and the third party's reasonable reliance.
• Farwell v. Chong H. UN, M.D.
  902 F.2d 282· 4th Cir.· 1990-05-09 ·cited 6×
  The court held that under controlling substantive law and undisputed facts, the defendant-physicians breached no duty of care owed to their patient, as they could not have involuntarily committed a competent patient who expressed willingness to be voluntarily hospitalized.
• In re Rubarts v. First Gibraltar Bank, FSB
  896 F.2d 107· 5th Cir.· 1990-03-12 ·cited 6×
  A lender can be charged with constructive knowledge of a debtor's plan to circumvent homestead laws, even if the debtor makes a conveyance that appears absolute on its face, if the circumstances warrant inquiry.
• United States v. Green
  680 F.2d 183· D.C. Cir.· 1982-05-21 ·cited 6×
  The court denied the petition for rehearing and the suggestion for rehearing en banc.
• Coast Trading Co. v. Cudahy Co.
  592 F.2d 1074· 9th Cir.· 1979-03-09 ·cited 6×
  The court held that the agent exceeded his authority for speculative contracts, but apparent authority existed for some contracts. The court further held that the seller's resale damages were invalid due to commercial unreasonableness, but allowed market value damages up to actua
• Fuller v. Fasig-Tipton Co.
  587 F.2d 103· 2d Cir.· 1978-11-09 ·cited 6×
  A third party dealing with an agent for a disclosed principal cannot set off the agent's personal indebtedness against amounts due to the principal unless there is an agreement authorizing such a setoff, and a principal's subsequent loan to the agent does not constitute ratificat
• Orient Mid-East Lines v. Albert E. Bowen, Inc.
  458 F.2d 572· 2d Cir.· 1972-04-17 ·cited 6×
  An agent is liable for breach of contract when acting for a partially disclosed principal, and the contracting party has no duty to inquire about the principal's identity unless custom or agreement dictates otherwise.
• Lindbar v. ST. Louis Fuel & Supply Co., Inc.
  276 F.2d 882· 6th Cir.· 1960-04-09 ·cited 6×
  A materialman must exercise reasonable diligence to ascertain if a charter party prohibits the vessel from being bound for supplies, even if not explicitly put on inquiry.
• Nieto Villamizar v. Luna Cap. P'rs
  43 Fla. L. Weekly D900· Fla. 3d DCA· 2018-10-24 ·cited 5×
  An unrelated buyer who purchases property at arm's length and for reasonably equivalent value is not liable in proceedings supplementary, even if aware of the seller's unsecured debts, absent evidence of actual intent to hinder, delay, or defraud creditors or that the transaction
• Fed. Ins. Co. v. NCNB Nat'l Bank OF N.C.
  958 F.2d 1544· 11th Cir.· 1992-04-24 ·cited 5×
  An insurance company that paid an employer's losses from employee embezzlement sued two banks as subrogee and assignee of the employer. The employee obtained payment of corporate checks lacking required signatures by obtaining oral authorization from a bank clerk, then embezzled
• Marine Fuel Supply & Towing, Inc. v. The M/V KEN Lucky
  859 F.2d 1405· 9th Cir.· 1988-10-25 ·cited 5×
  The court held that a supplier of necessaries to a vessel is entitled to a maritime lien under the Federal Maritime Lien Act, even with 'no lien' clauses in charter agreements, unless the supplier had actual knowledge of those clauses.