Duty To Inquire

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

• Amjems, Inc. v. F.R. Orr Constr. Co.
  617 F. Supp. 273· S.D. Fla.· 1985-06-26 ·cited 5×
  The court held that the consent provision in the prime lease applied to the assignment of the option agreement, and that the lessor did not unreasonably withhold consent.
• Crown Gen. Stores, Inc. v. Ultra Meat Mkt., Inc.
  843 So. 2d 287· Fla. 3d DCA· 2003-02-19 ·cited 4×
  Crown General Stores appeals a judgment in favor of Ultra Meat Market regarding non-payment of a leasehold mortgage obligation. The court reversed, holding that Ultra was not a bona fide purchaser without notice because it had implied actual notice of Crown's pre-existing interes
• Al Hampton v. Kennard
  633 So. 2d 535· Fla. 2d DCA· 1994-03-11 ·cited 4×
  The Florida District Court of Appeal reviewed a circuit court order permitting post-verdict interviews of jurors in a motor vehicle negligence case. The court held that the petitioners were entitled to certiorari relief because neither alleged juror misconduct provided sufficient
• Raphael Prezioso v. Lome A. Cameron, Jr.
  559 So. 2d 423· Fla. 4th DCA· 1990-04-11 ·cited 4×
  A third party can rely on a corporate officer's apparent authority to mortgage corporate property unless there is fraud in the transaction.
• Bowyer v. The United States Dep't OF AIR Force & Grissom Air Force Base
  875 F.2d 632· 7th Cir.· 1989-05-23 ·cited 4×
  The court held that the plaintiff's Privacy Act claim was time-barred because he knew or had reason to know of the existence of the allegedly erroneous records more than two years before filing suit, and the subsequent use of those records by a board did not constitute a new caus
• Burdine-Coakley v. Cap. Bank
  542 So. 2d 1019· Fla. 3d DCA· 1989-03-28 ·cited 4×
  The court held that a bank's failure to compare signatures on forged checks with its signature cards constitutes a lack of ordinary care as a matter of law, precluding the bank from relying on the customer's failure to report the forgery.
• Vista Sci. Corp. v. The United States
  808 F.2d 50· Fed. Cir.· 1986-12-24 ·cited 4×
  The court affirmed the Claims Court's decision, upholding the Board of Contract Appeals' rejection of the contractor's claims for equitable adjustment.
• Bankers Tr. Co. of W. N.Y. v. Crawford
  781 F.2d 39· 3d Cir.· 1986-01-13 ·cited 4×
  The appellate court affirmed the district court's judgment, holding that Kutner Buick was a holder in due course. The court found that Pennsylvania law does not recognize the 'close-connection' doctrine as a basis to defeat holder in due course status and that there is no affirma
• D.C. Transit Sys., Inc. v. United States
  717 F.2d 1438· D.C. Cir.· 1983-09-20 ·cited 4×
  The court held that D.C. Transit did not have constructive notice of the government's claim to the property based on the notices received, as they did not reasonably suggest a transfer to the National Park Service.
• Johnson Controls, Inc. v. The United States
  671 F.2d 1312· Ct. Cl.· 1982-02-10 ·cited 4×
  The court held that the plaintiff's failure to specifically and forthrightly disclose a known drawing discrepancy prior to award constituted an unreasonable assumption of risk, barring recovery for the base contract.
• Franchi Constr. Co., Inc. v. The United States
  609 F.2d 984· Ct. Cl.· 1979-11-14 ·cited 4×
  The court held that the contract's order of precedence clause automatically resolves discrepancies between specifications and drawings, and a contractor is entitled to rely on it, even in cases of patent conflict, unless the conflict is within a category of documents, not between
• James v. O'Kane and F. Kenneth Millhollen
  561 F.2d 207· 10th Cir.· 1977-09-06 ·cited 4×
  The court held that a purchaser of a federal oil and gas lease who exercises ordinary care in checking Bureau of Land Management records and obtains an abstractor's report showing clear record title is a bona fide purchaser, even if the assignment lacks a warranty of title and th
• Wickham Contracting Co., Inc. v. The United States
  546 F.2d 395· Ct. Cl.· 1976-12-15 ·cited 4×
  The court held that the plaintiff, having confirmed its bid after becoming aware of a drawing scale error, assumed the risk of increased costs and was not entitled to a contract price adjustment.
• Arno Pratt and Ernestine Pratt v. Lavender
  319 So. 2d 88· Fla. 2d DCA· 1975-09-26 ·cited 4×
  The appellate court reversed a summary judgment for the plaintiff, finding no evidence of conspiracy and that the trustee was authorized by the trust instrument to sell the property without court order, excusing purchasers from inquiry.
• Greyhound Rent-A-Car, Inc. v. Austin
  298 So. 2d 345· Fla.· 1974-07-17 ·cited 4×
  Greyhound Rent-A-Car sought review of a judgment for a used car purchaser (Austin) in a replevin action. The Florida Supreme Court discharged the writ of certiorari, finding no direct conflict with cited cases and holding that the Motor Credit Corporation v. Woolverton equitable
• Merando, Inc. v. The United States
  475 F.2d 601· Ct. Cl.· 1973-03-16 ·cited 4×
  The contractor is not entitled to damages for work performed outside the contract limit line because the discrepancy was obvious and required a pre-bid inquiry.
• United States v. Eskew
  469 F.2d 278· 9th Cir.· 1972-11-01 ·cited 4×
  The court held that the clerk's belief in the bondsman's authority was reasonable, and the surety is liable for the full forfeited amount.
• Bimini RUN, Ltd. v. Belcher OIL Co.
  336 F.2d 184· 5th Cir.· 1964-07-20 ·cited 4×
  A supplier of necessaries to a vessel is charged with knowledge of charter terms if, by the exercise of reasonable diligence, it could have ascertained them, even if no suspicious circumstances exist.
• In re Laskin
  316 F.2d 70· 3d Cir.· 1963-04-05 ·cited 4×
  A bankruptcy court is not bound by state law regarding the admissibility of evidence to determine a party's liability on a note; it can apply equitable principles to ascertain the true intent of the parties.
• Reconstr. Fin. Corp. v. Cody Fin. Co.
  214 F.2d 695· 10th Cir.· 1954-07-08 ·cited 4×
  The court held that the finance company was a bona fide purchaser for value without notice of the RFC's prior assignment, and its inquiry was sufficient under the circumstances.
• Hurley v. S. Cal. Edison Co.
  183 F.2d 125· 9th Cir.· 1950-05-25 ·cited 4×
  The court held that the company could not rely on a dividend order as a defense for payments made when the payments were not made pursuant to that order.
• Bruskas v. Ry. Express Agency, Inc.
  172 F.2d 915· 10th Cir.· 1949-02-07 ·cited 4×
  A carrier is not negligent per se for delivering fireworks to a minor consignee unless the shipment's nature or circumstances create a suspicion of danger, requiring inquiry into the consignee's competency.
• Apple v. Schweke
  172 F.2d 633· 7th Cir.· 1949-01-31 ·cited 4×
  The court held that the jury instructions regarding the seller's duty to inquire about a broker's commission were not prejudicial given the facts, and there was sufficient evidence to support the jury's verdict.
• Union Guardian Tr. Co. v. Schram
  123 F.2d 579· 6th Cir.· 1941-11-05 ·cited 4×
  The court held that a trust estate is liable for assessments on bank stock held by a holding company, even if the trustee exchanged the stock without explicit settlor consent, due to the beneficiary's implied notice and acquiescence.
• VLX Props., Inc. v. S. States Utils., Inc.
  792 So. 2d 504· Fla. 5th DCA· 2001-05-21 ·cited 3×
  VLX Properties sought inverse condemnation compensation after reclaimed water flowed across a portion of James Pond that it later acquired. The court receded from its prior decision in VLX1, finding that the original panel had misinterpreted the joinder agreement executed by the
• Sutton Enters., Ltd. v. Santa Clara Constr. Co., Inc.
  767 So. 2d 547· Fla. 3d DCA· 2000-08-23 ·cited 3×
  A limited partner of a partnership seeks to vacate an order distributing partnership sale proceeds from a receivership. The court affirmed the denial of the motion, holding that the limited partner had actual knowledge of the receivership proceedings and a duty to participate or
• Utah Power & Light Co. v. Fed. Ins. Co.
  983 F.2d 1549· 10th Cir.· 1993-01-26 ·cited 3×
  The court held that Utah Power & Light (UP & L) was an insured under International's policy, that International was estopped from rescinding the policy due to misrepresentations and omissions, and that International was barred from contesting the reasonableness of the settlement
• Coble v. Am. Parks
  576 So. 2d 422· Fla. 4th DCA· 1991-03-20 ·cited 3×
  This case involves a contract dispute over four mobile home parks where the seller sought reformation of promissory notes based on mutual mistake regarding the scope of a credit provision. The court reversed the trial court's directed verdict on the reformation claim and remanded
• Boyd v. Merrill Lynch
  614 F. Supp. 940· S.D. Fla.· 1985-07-25 ·cited 3×
  The court held that the plaintiff's allegations of fraudulent inducement regarding the arbitration clause were insufficient to prevent arbitration, as the plaintiff failed to demonstrate that the defendants knew of her condition or that their silence was misleading.
• Ganter v. Dep't OF Ins.
  620 So. 2d 202· Fla. 1st DCA· 1993-05-28 ·cited 2×
  John Ganter appeals the Department of Insurance's six-month suspension of his insurance license based on his employee's unauthorized sale of auto service contracts. The court held that while the statute did not explicitly require proof of knowledge, due process principles require
• Advanced Cardiovascular Sys., Inc. v. Scimed Life Sys., Inc.
  988 F.2d 1157· Fed. Cir.· 1993-03-09 ·cited 2×
  The court held that the district court erred in dismissing the cross-complaint for laches under Rule 12(b)(6) because the delay was not demonstrably unreasonable or unexcused, and prejudice was not sufficiently established on the pleadings.
• J.B. Steel, Inc. v. The United States
  810 F.2d 1139· Fed. Cir.· 1987-02-04 ·cited 2×
  A Forest Service contract was patently ambiguous regarding the scope of work, requiring the contractor to inquire before bidding.
• In re Hagendorfer v. Smith
  803 F.2d 647· 11th Cir.· 1986-11-03 ·cited 2×
  A mortgage with a mutual mistake in the property description, which is recorded and identical to the error in the deed, provides constructive notice to a trustee in bankruptcy, allowing for reformation of the mortgage.
• In re Kroekel
  803 F.2d 705· Fed. Cir.· 1986-10-14 ·cited 2×
  The court held that the Board of Patent Appeals and Interferences properly sustained the rejection of Kroekel's claim 40 on the grounds of interference estoppel because Kroekel failed to raise the broader subject matter during the interference proceeding.
• Stumpf v. Dep't of Transp.
  794 F.2d 673· Fed. Cir.· 1986-06-30 ·cited 2×
  The court held that the Merit Systems Protection Board (MSPB) properly sustained the removal of five former air controllers for participating in a strike, as their arguments for reversal were unconvailing.
• Theadores W. Ross v. Chase Fed. Sav. & Loan Ass'n
  424 So. 2d 779· Fla. 3d DCA· 1981-06-30 ·cited 2×
• Kelley-Rickman, Inc. v. Hartford Life Ins. Co.
  557 F.2d 639· 8th Cir.· 1977-07-11 ·cited 2×
  The court held that the trial court did not err in refusing to give plaintiff's proffered jury instructions regarding misrepresentation defenses, and that the plaintiff's claim of judicial bias was without merit.
• Romano v. Pandapas
  330 So. 2d 96· Fla. 1st DCA· 1976-03-23 ·cited 2×
  This case concerns whether a buyer is entitled to specific performance of a real estate contract where the seller's agent signed the contract while the seller was out of state, and the seller later sought to avoid the contract upon learning the property might be worth more.
• Dodge Motor Trucks, Inc. v. First Nat'l Bank OF Omaha
  519 F.2d 578· 8th Cir.· 1975-07-10 ·cited 2×
  The court held that the Bank's letter did not create a guarantee or letter of credit, and therefore the Bank had no duty to ensure Dodge was paid for vehicles sold to Midwest.
• Owens v. SUN Life Ins. Co. OF Am.
  287 So. 2d 408· Fla. 2d DCA· 1973-10-31 ·cited 2×
• Edina State Bank v. MR. Steak, Inc.
  487 F.2d 640· 10th Cir.· 1973-09-14 ·cited 2×
  A restriction on stock transfer is ineffective against a pledgee who lacks actual knowledge of it, even if the issuer believes the stock was purchased for investment, if the restriction is not conspicuously noted on the certificate as required by UCC § 8-204.
• Reading Co. v. Dredge Delaware Valley
  468 F.2d 1161· 3d Cir.· 1972-10-25 ·cited 2×
  The court held that the trial court's finding of apparent authority was not clearly erroneous and was supported by substantial evidence.
• Cosid, Inc. v. BAY Steel Prods. Co., Inc.
  252 So. 2d 274· Fla. 4th DCA· 1971-08-03 ·cited 2×
  Cosid seeks to replevy steel from Bay Steel, claiming Bay Steel acquired it under suspicious circumstances that should have triggered a duty to inquire into its origin. The court reverses summary judgment for Bay Steel and remands for trial to determine whether Bay Steel qualifie
• Ragnar Benson, Inc. v. Kassab
  325 F.2d 591· 3d Cir.· 1963-12-18 ·cited 2×
  The court held that the plaintiff's delay in asserting its claim against Jones & Laughlin, after having notice of the potential wrong, precluded holding Jones & Laughlin liable. The court also affirmed the jury's verdict against the Kassab defendants, finding it was a fair resolu
• Gen. Fin. & Thrift Corp. v. United States
  226 F.2d 735· 5th Cir.· 1955-11-09 ·cited 2×
  The court held that a finance company acting in good faith is entitled to rely on the ostensible purchaser and is not required to make extensive inquiries into potential hidden purchasers.
• Sorenson v. Prof'l Compounding Pharmacists OF W. Pa., Inc.
  191 So. 3d 929· Fla. 2d DCA· 2016-05-11 ·cited 1×
  In this wrongful death negligence appeal, the court addresses whether a compounding pharmacist owes a duty of care to a patient when filling a prescription that is unreasonable on its face. The court holds that a pharmacist's duty to use due and proper care extends beyond merely
• First Nat'l Bank OF Dunedin v. Fid. Am. Fin. Corp.
  305 So. 2d 265· Fla. 2d DCA· 1974-12-31 ·cited 1×
  The court held that the bank's February 21, 1962 letter was insufficient to establish a relationship with Fidelity or create a duty to inquire beyond its principal, Continental. The bank did not violate any legal duty owed to Fidelity.
• Ferrari Fin. Servs., Inc. v. Auto Vault, Inc.
  Fla. 1st DCA· 2026-08-26
  A bona fide purchaser for value defense cannot be resolved on summary judgment when the evidence permits a reasonable factfinder to conclude that the circumstances of the transaction—including the purchaser's sophistication, the seller's recent purchase, the absence of a certific
• Knightek, LLC
  Del.· 2020-01-27
  The Delaware Supreme Court reversed the Superior Court's dismissal of KnighTek's fraudulent misrepresentation claim. The Court held that KnighTek pleaded fraud with sufficient particularity under Rule 9(b) and stated a claim for fraudulent misrepresentation under Utah law. The Co
• Sims v. McCLAIN
  741 So. 2d 609· Fla. 3d DCA· 1999-09-15
  The court held that the appellee was a bona fide purchaser with superior title, entitling her to exclusive possession of the property.