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9 So. 3d 687·
Fla. 4th DCA·
2009-04-15
·cited 44×
Bob Shiver appealed the trial court's denial of his motion to vacate default and final judgments in a fraud and breach of contract case. The Fourth District Court of Appeal affirmed, holding that Shiver's motion under Rule 1.540(b)(1) was untimely under the Bankruptcy Code and th
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382 So. 2d 647·
Fla.·
1979-12-27
·cited 37×
Mary V. Nowling Elliott, an illiterate elderly woman, sued to cancel a deed conveying mineral rights that she claimed was procured by fraud. The Florida Supreme Court held that while the deed was obtained through fraud in the inducement, it was voidable (not void ab initio), and
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547 F.2d 908·
10th Cir.·
1977-04-01
·cited 22×
The court held that the plaintiff was entitled to relief under Rule 60(b)(6) because his lawsuit was dismissed without notice and legal authority, depriving him of a hearing.
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937 F.2d 1237·
7th Cir.·
1991-07-23
·cited 20×
A client's discharge of an attorney does not invalidate the contract for services already rendered, and the attorney is entitled to the contractually agreed-upon fee for those services, provided it is not exorbitant.
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647 F.2d 402·
3d Cir.·
1981-05-05
·cited 20×
Evidence of fraud in the inducement is admissible and outside the scope of the parol evidence rule, even with an integration clause.
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271 So. 2d 167·
Fla. 4th DCA·
1972-09-26
·cited 19×
The court held that the employer's doctors' testimony did not constitute substantial evidence to overcome the statutory presumption of coverage for a work-related death.
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534 F.2d 1311·
8th Cir.·
1976-05-04
·cited 16×
The court held that the decedent was not an implied invitee on the defendant's private road.
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140 F.2d 176·
5th Cir.·
1944-01-19
·cited 16×
The court held that under Mississippi law, gross negligence in failing to read a document does not preclude a claim of fraud if the execution was fraudulently induced. The court also held that parol evidence is admissible to prove consideration beyond the recited amount in a deed
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766 F. Supp. 2d 1305·
S.D. Fla.·
2011-01-31
·cited 12×
The district court lacks subject matter jurisdiction over the plaintiff's claims because they are barred by the Rooker-Feldman doctrine, which prevents federal courts from reviewing state court judgments.
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431 F.2d 43·
10th Cir.·
1970-09-02
·cited 10×
A deed procured from a mentally incompetent grantor by fraud is voidable, not void, as to a subsequent bona fide purchaser for value without notice.
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877 F.2d 1524·
11th Cir.·
1989-07-25
·cited 9×
The court held that the district court erred by submitting the issue of contract integration to the jury, rather than making a preliminary determination as required by the parol evidence rule.
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753 F.2d 50·
6th Cir.·
1985-01-22
·cited 8×
The court held that a state court's judgment, which found no fraud by the bank, collaterally estopped the plaintiffs from pursuing a RICO claim based on fraud in the inducement, as the state court refused to allow amendment for that specific claim. The court also affirmed the dis
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915 F.2d 535·
9th Cir.·
1990-10-02
·cited 6×
A state-law claim for fraud in the inducement of a collective bargaining agreement is preempted by section 301 of the LMRA if its resolution requires interpreting or determining the validity of the agreement.
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317 So. 2d 848·
Fla. 2d DCA·
1975-08-27
·cited 6×
The court held that the circumstances surrounding the execution of the separation agreement, including the husband's concealment of wealth and the wife's debilitated state and lack of counsel, created a presumption of fraud in the execution of the agreement.
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839 F.2d 1002·
3d Cir.·
1988-02-24
·cited 4×
The court held that the parol evidence rule barred Stoller's defense that his guarantee was a mere formality and would never be enforced, and that his 'per aval' signature constituted a personal guarantee waiving notice of dishonor.
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475 F.2d 1329·
D.C. Cir.·
1973-03-20
·cited 4×
The court held that the record was insufficient to determine if the appellee was a holder in due course, requiring a remand for further factual development.
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Fla. 3d DCA·
2024-05-29
·cited 2×
Transfer of stock in a closely held corporation requires documentary evidence sufficient under applicable statutory provisions, and extrinsic evidence of intent alone is insufficient absent such documentation.
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785 F.2d 511·
4th Cir.·
1986-03-06
·cited 2×
The court held that the liquidated damages clause was enforceable under New Jersey law and that Thermasol was not equitably estopped from asserting the statute of limitations due to Coe's failure to prove fraud or reliance.
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467 F.2d 1287·
9th Cir.·
1972-09-19
·cited 2×
The court held that the trial court's error in narrowing the issues submitted to the jury was harmless because there was insufficient evidence to support the plaintiff's general allegations of overreaching and undue influence.
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98 So. 2d 791·
Fla.·
1957-12-11
·cited 2×
The court held that a plaintiff may present an equitable plea to a release in a law action, regardless of whether the alleged fraud pertains to the inducement or the execution of the release.
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312 So. 2d 211·
Fla. 3d DCA·
1975-05-06
·cited 1×
A bank sought summary judgment against Don and Carmen Mancino on personal guaranty agreements for an unpaid loan. The court reversed the summary judgment, finding that the bank failed to present sufficient evidence to dispel the affirmative defenses of fraud in inducement and lac
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M.D. Fla.·
2024-08-05
The court held that it has discretion to stay nonarbitrable claims against one defendant when those claims are intertwined with arbitrable claims against another defendant, especially when there's a risk of inconsistent rulings.
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M.D. Fla.·
2024-05-20
The court held that a valid arbitration agreement exists and that claims challenging the entire contract, rather than the arbitration clause itself, are delegable to the arbitrator.
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Fla. 3d DCA·
2023-12-13
Material factual issues regarding whether deeds were procured by fraud precluded summary judgment in favor of mortgagees under section 48.23(1)(b), and complaints seeking quiet title based on duly recorded instruments maintain lis pendens protection as a matter of right.
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Fla. 3d DCA·
2023-10-11
This case involves a dispute over quiet title claims to real property. The appellate court reversed a summary judgment, finding that material factual issues precluded the application of a statute that would have shielded mortgagees from suit.
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M.D. Fla.·
2023-06-07
The Court grants in part and denies in part Plaintiffs' motion, certifying its prior order compelling arbitration for interlocutory appeal under 28 U.S.C. § 1292(b) on two specific legal questions.
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Del. Super. Ct.·
2013-07-30
The court held that it lacked subject matter jurisdiction over claims arising from conduct occurring after the execution of the arbitration agreements, as these claims were subject to mandatory arbitration. However, the court retained jurisdiction over claims arising from conduct
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545 So. 2d 288·
Fla. 3d DCA·
1989-02-14
Sentinel Enterprises appealed a jury verdict awarding Glen Godwin relocation and transportation costs under an employment agreement, arguing fraud in the contract's execution should bar recovery. The court affirmed the relocation costs award but reversed on attorney's fees, holdi
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767 F.2d 788·
11th Cir.·
1985-08-02
A merger clause in a real estate contract does not bar an action for fraud when the fraud involved actively creating a false record to deceive a party, rather than merely making a false promise.
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11 Fla. Supp. 95·
Dade Cty. Cir. Ct.·
1957-10-15
Pan American Finance Co. sought to foreclose a mortgage on property owned by James D. Tucker and his wife Inell Tucker. The court set aside the foreclosure decree and declared the mortgage and note null and void, finding that Inell Tucker's signature was forged and that James Tuc