Duty To Inquire

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

• Banco Santander Puerto RICO v. Select Title Serv. Inc.
  692 So. 2d 950· Fla. 3d DCA· 1997-04-16
  Banco Santander appeals a judgment dismissing its negligence and breach of fiduciary duty claims against a closing agent and its president for sending mortgage payoff funds to Intermortgage Corporation rather than the bank itself. The court affirmed, holding that the closing agen
• Am. Nat'l Ins. Co. v. Heller Fin., Inc.
  989 F.2d 854· 5th Cir.· 1993-05-04
  A recorded mortgage that is not timely reinscribed lapses and loses its priority over subsequently recorded mortgages, even if the unrecorded extension is mentioned in the original recorded instrument.
• Cmty. Heating & Plumbing Co., Inc. v. Admiral Frank B. Kelso, II
  987 F.2d 1575· Fed. Cir.· 1993-03-11
  The court held that the contractor's interpretation of the contract regarding conduit sleeves was unreasonable and that the contract was unambiguous. The court also found that the contractor's claims for delay costs were not barred by accord and satisfaction but were denied on th
• Mason & Dixon Lines v. Glover
  975 F.2d 1298· 7th Cir.· 1992-09-22
  The court held that the plaintiffs could not reasonably rely on the agent's oral assurances of settlement authority after receiving written notice that such authority was lacking.
• Petro-Ventures, Inc. v. Takessian
  967 F.2d 1337· 9th Cir.· 1992-06-22
  A release signed during settlement negotiations, where parties are represented by counsel and have equal bargaining power, can validly waive unknown federal securities claims, even if the general rule requires actual knowledge.
• In re Grand Jury Presentment Relating TO Laurene MacLEOD
  592 So. 2d 376· Fla. 4th DCA· 1992-01-29
• John Rondinelli, Inc. v. Safeco Title Ins. Co.
  544 So. 2d 326· Fla. 5th DCA· 1989-06-08
  Rondinelli sued Safeco Title Insurance Company, claiming Safeco's agent Merit breached an agreement to issue a mortgagee title policy on a mortgage securing a real estate transaction. Safeco moved for summary judgment, arguing Rondinelli had a duty to inquire about Merit's author
• Ryder Energy Distrib. Corp. v. Merrill Lynch Commodities, Inc.
  865 F.2d 492· 2d Cir.· 1989-01-10
  The court held that the plaintiff failed to present sufficient evidence of causation to overcome summary judgment, affirming the lower court's decision.
• Owen v. Kane
  842 F.2d 194· 8th Cir.· 1988-03-14
  The court held that a broker-dealer's failure to adequately inquire into the source and nature of unregistered securities, especially when presented with suspicious circumstances and making false statements to conceal information, constitutes a willful violation of securities reg
• In re Bell & Beckwith v. Connelly
  838 F.2d 844· 6th Cir.· 1988-02-02
  The court held that an attorney receiving assets as a fee from a client involved in a massive fraud had a duty to inquire into the source of those assets, and failure to do so meant he was charged with constructive knowledge of the fraud.
• United States v. LaROSA
  765 F.2d 693· 7th Cir.· 1985-06-20
  The court held that parol evidence was admissible to reform a deed when the written description conflicted with physical boundary markers, and the purchasers were not bona fide purchasers due to constructive notice.
• Davis v. Dep't of Health & Rehabilitative Servs.
  461 So. 2d 210· Fla. 1st DCA· 1984-12-18
  The court held that the second amended complaint adequately stated causes of action for fraudulent inducement, breach of contract, declaration of rights, and unjust enrichment, entitling the plaintiff to a trial on the merits.
• Heist v. Lock & Gunsmith, Inc.
  417 So. 2d 1041· Fla. 1st DCA· 1982-07-14
  Court affirmed dismissal of complaint against gun dealer for failure to allege sufficient facts that dealer knew or should have known the purchaser was mentally unsound or dangerous, despite allegations dealer knew the true buyer was someone other than the named purchaser.
• LaGROW v. Flagship Bank OF Orlando
  400 So. 2d 123· Fla. 5th DCA· 1981-06-17
  The court held that the bank failed to satisfy its duty of inquiry to attain bona fide purchaser status regarding the LaGrows' interest in the property.
• Kolar, Inc. v. The United States
  650 F.2d 256· Ct. Cl.· 1981-05-20
  The court held that the contract did not warrant the safe use of cutting torches nor that the practice bombs were fully demilitarized, and that the purchaser assumed the risk of hazardous materials.
• Blair v. Inter-Ocean Ins. Co.
  589 F.2d 730· D.C. Cir.· 1978-12-22
  Material misrepresentations in an insurance application, even if unintentional, that affect the risk assumed by the insurer are grounds for voiding the policy.
• Pitzer v. Morton Z. Levine and Arnold B. Simon
  344 So. 2d 307· Fla. 2d DCA· 1977-04-06
  A tenant sued a landlord for fraudulent misrepresentation regarding the square footage of leased office space. The trial court granted summary judgment for the landlord, but the appellate court reversed, finding a genuine issue of material fact as to whether the tenant was put on
• Maltempo v. Cuthbert
  504 F.2d 325· 5th Cir.· 1974-11-21
  A doctor's duty to inquire about a patient's condition, even when another physician is involved, can establish negligence if that failure contributes to the patient's death. Intervening negligent acts by others do not necessarily break the chain of proximate causation.
• Escambia Props., Inc. v. Largue
  260 So. 2d 213· Fla. 1st DCA· 1972-03-23
  Escambia Properties appeals a judgment awarding fee simple title to real property to appellees (Largue et al.). The case involves a 1958 warranty deed naming a nonexistent corporation as grantee, and a 1967 sale by a different corporation with the same name to appellants, raising
• Am. S. Life Ins. Co. v. Hardy
  202 So. 2d 98· Fla. 4th DCA· 1967-08-14
  The dissenting opinion argues that the defendant insurance company waived its rights to rely on the condition precedent of the insured's good health in the certificate of insurance.
• 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.
• THE Florida BAR v. Hal H. McCAGHREN
  171 So. 2d 371· Fla.· 1965-02-03
  The Florida Bar disciplined attorney Hal H. McCaghren for professional misconduct related to his handling of a divorce case involving suspicious evidence of adultery. The Florida Supreme Court found McCaghren guilty of ethical violations for failing to inquire into suspicious cir
• MAY v. Kirk
  100 So. 2d 654· Fla. 2d DCA· 1958-02-21
  This case involves a replevin action to recover an automobile seized under a writ of attachment. The appellate court affirmed the lower court's decision, relying on a companion case, to deny the replevin claim.
• Escobedo v. United States
  170 F.2d 898· 9th Cir.· 1948-11-23