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728 So. 2d 297·
Fla. 1st DCA·
1999-02-18
·cited 120×
W.R. Townsend Contracting appealed the dismissal of its sixth amended complaint against Jensen Civil Construction for failure to state a cause of action. The court affirmed dismissal of quantum meruit and negligent misrepresentation claims but reversed dismissal of breach of oral
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959 So. 2d 288·
Fla. 3d DCA·
2007-04-18
·cited 16×
Brooks Tropicals appeals a jury verdict awarding Acosta $335,515 plus prejudgment interest for breach of oral contract, fraud in the inducement, fraud, and breach of fiduciary duty related to the settlement of a Benlate products liability suit. The appellate court reverses, findi
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156 F. Supp. 2d 1292·
M.D. Fla.·
2001-08-14
·cited 3×
The court held that Count I would be stayed, Counts II and III were dismissed for failure to state a claim, and Count IV was dismissed for lack of subject matter jurisdiction under the Rooker-Feldman doctrine.
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383 So. 3d 497·
Fla. 4th DCA·
2024-02-14
·cited 2×
The trial court erred procedurally by granting a motion to amend to add punitive damages claims when the movant failed to attach the proposed amended complaint to the motion and filed its proffer of evidence only two days before the hearing instead of the required twenty days in
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998 F. Supp. 1404·
M.D. Fla.·
1998-04-02
·cited 2×
The court held that a failure to timely amend a branch office address does not render a securities dealer unregistered, and therefore, does not entitle a customer to rescission or support claims for breach of contract, fraud, or breach of fiduciary duty.
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686 F. Supp. 2d 1313·
S.D. Fla.·
2010-02-08
·cited 1×
The court held that the plaintiff failed to adequately plead fraud, a Florida RICO violation, and a claim against MERS, granting the defendants' motion to dismiss.
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M.D. Fla.·
2024-09-30
The court held that fraud and negligent misrepresentation claims were dismissed for failing to meet Rule 9(b)'s particularity requirement, and the unjust enrichment claim was dismissed because an express contract existed.
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Fla. 4th DCA·
2022-07-06
Maroone Chevrolet appeals a trial court judgment awarding German Alvarado $36,406.67 in damages for violations of Florida consumer protection statutes related to the purchase of two vehicles. The court reverses damages awards on counts involving section 501.976 FDUTPA violations
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Fla. 4th DCA·
2022-07-06
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S.D. Fla.·
2021-09-30
The court held that the plaintiff failed to state claims for fraud, RICO, conspiracy, unjust enrichment, and rescission due to insufficient factual allegations and contradictions with the contract.
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S.D. Fla.·
2020-10-13
The court granted the motion to dismiss, finding that the plaintiff failed to state claims for an action for accounting, fraud, violation of FDUTPA, and tortious interference.
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S.D. Fla.·
2020-01-31
The court held that the plaintiff's claims for negligent misrepresentation and fraud in the inducement were barred by the merger clause in the contract and the statute of frauds, and the claim for breach of the implied covenant of good faith and fair dealing failed for lack of an