Fraudulent Inducement

1,994 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Pelletier v. Zweifel
  921 F.2d 1465· 11th Cir.· 1991-01-29 ·cited 241×
  The court held that the district court erred in denying sanctions under Rule 11, as the claims prosecuted were baseless and brought in bad faith, and that the appeal was frivolous warranting double costs and attorney's fees under Rule 38.
• HTP, Ltd. v. Lineas Aereas Costarricenses, S.A.
  685 So. 2d 1238· Fla.· 1996-10-17 ·cited 206×
  The Florida Supreme Court resolved a conflict between two district courts regarding whether the economic loss rule bars tort claims for fraudulent inducement when a contractual relationship exists. The Court held that fraudulent inducement is an independent tort not barred by the
• Data Disc v. Sys. Tech. Assocs., Inc.
  557 F.2d 1280· 9th Cir.· 1977-07-13 ·cited 201×
  The court held that the plaintiff made a sufficient prima facie showing of jurisdictional facts to establish personal jurisdiction over the defendant, and that venue was also proper.
• Bd. OF Trs. OF the Internal Improvement Tr. Fund v. Am. Educ. Enters., LLC
  99 So. 3d 450· Fla.· 2012-09-27 ·cited 198×
  The Florida Supreme Court reversed the Third District Court of Appeal's decision quashing a discovery order that compelled production of financial documents. The Court held that overbreadth alone is not a sufficient basis for certiorari relief from discovery orders; rather, a par
• Robert Lawrence Co., Inc. v. Devonshire Fabrics, Inc.
  271 F.2d 402· 2d Cir.· 1959-10-28 ·cited 168×
  The Federal Arbitration Act creates substantive federal law that governs the validity and interpretation of arbitration agreements in contracts involving interstate commerce or maritime transactions, and fraud in the inducement of the main contract is an arbitrable issue if the a
• Mazzoni Farms, Inc. v. E.I. DuPONT DE Nemours & Co.
  761 So. 2d 306· Fla.· 2000-06-08 ·cited 142×
  The Florida Supreme Court addressed two certified questions from the Eleventh Circuit regarding whether a choice-of-law provision in a settlement agreement controls a claim that the agreement was fraudulently procured, and whether a release bars fraudulent inducement claims under
• PVC Windoors, Inc. v. Babbitbay Beach Constr., N.V.
  598 F.3d 802· 11th Cir.· 2010-03-05 ·cited 133×
  PVC Windoors, a Florida corporation, sued defendants for breach of contract and fraud arising from a hotel construction project in Saint Maarten, alleging that Columbia Sussex had guaranteed performance of contracts with Babbitbay entities. The district court dismissed for lack o
• Gunter v. Hutcheson
  674 F.2d 862· 11th Cir.· 1982-04-30 ·cited 132×
  The FDIC has a complete defense to state and common law fraud claims on a note acquired in a purchase and assumption transaction, for value, in good faith, and without actual knowledge of the fraud.
• Ashland OIL, Inc. v. Rod Pickard
  269 So. 2d 714· Fla. 3d DCA· 1972-11-28 ·cited 131×
  Two consolidated appeals concerning fraudulent inducement and breach of contract claims brought by Captain Rod Pickard and his companies against Ashland Oil, Cobia Boats, Modern Fiber Glass, and Harold Slama regarding an alleged scheme to deceive Pickard into providing his expert
• Jackson v. The Shakespeare Found., Inc.
  108 So. 3d 587· Fla.· 2013-01-31 ·cited 120×
  The Florida Supreme Court held that a fraud claim arising from alleged misrepresentations in a real estate listing is subject to a broad arbitration clause in the purchase contract because the fraud claim is inextricably intertwined with the contract and transaction itself. The C
• W.R. Townsend Contracting, Inc. v. Jensen Civil Constr., Inc.
  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
• Fla. Coll. of Osteopathic Med., Inc. v. Dean Witter Reynolds Inc.
  1998 WL 384781· M.D. Fla.· 1998-07-08 ·cited 120×
  The court held that a fraudulent misrepresentation claim is barred by the Economic Loss Rule when its allegations are factually interwoven with a breach of contract claim and do not plead independent tortious conduct.
• Equity Lifestyle Props., Inc. v. Fla. Mowing & Landscape Serv., Inc.
  556 F.3d 1232· 11th Cir.· 2009-02-04 ·cited 117×
  Equity Lifestyle Properties contracted with Florida Mowing and Landscape Service for post-hurricane debris cleanup work under a cost-plus contract specifying unit-based daily rates and a 27% markup on costs. When Equity refused to pay two invoices totaling approximately $563,561.
• Philippe H. Moransais v. Heathman
  744 So. 2d 973· Fla.· 1999-07-01 ·cited 116×
  The Florida Supreme Court held that a homebuyer may maintain a professional negligence action against individual licensed engineers who performed a pre-purchase home inspection, even though the damages are purely economic and there is no direct contractual privity between the par
• Donahue v. Davis
  68 So. 2d 163· Fla.· 1953-09-22 ·cited 114×
  Plaintiffs Donahue and Kilburn sued defendants Davis and O'Connell alleging they fraudulently induced them to participate in a joint venture to purchase real property. Davis misrepresented the purchase price and made secret profits without disclosure. The Florida Supreme Court re
• Linn-Well Dev. Corp. v. Preston & Farley, Inc.
  696 So. 2d 693· Fla.· 1997-04-17 ·cited 108×
• Johnson Enters. OF Jacksonville, Inc. v. FPL Grp., Inc.
  162 F.3d 1290· 11th Cir.· 1998-12-18 ·cited 104×
  Johnson Enterprises of Jacksonville, Inc. (JEJ) sued Telesat Cablevision, Inc., FPL Group, Inc., and FPL Group Capital, Inc. for breach of contract, fraud, RICO violations, and various tort claims arising from a cable television construction contract dispute. JEJ alleged that Tel
• Fla. E. Coast Ry. Co. v. Thompson
  93 Fla. 30· Fla.· 1927-01-18 ·cited 103×
  Florida East Coast Railway Company appeals a judgment awarding damages to an injured railway employee, James Thompson, who alleged that a release signed by him was procured through fraud. The Supreme Court of Florida reversed the judgment, holding that Thompson's evidence of frau
• Pta-Fla, Inc. v. ZTE USA, Inc.
  844 F.3d 1299· 11th Cir.· 2016-12-15 ·cited 99×
  PTA-FLA and affiliated ClearTalk entities sued ZTE USA for defective telecommunications equipment across multiple federal courts. The parties participated in a consolidated arbitration that resulted in a zero-dollar award. After PTA-FLA voluntarily dismissed its claims, the distr
• Indem. Ins. Co. OF N. Am. v. Am. Aviation, Inc.
  891 So. 2d 532· Fla.· 2004-12-23 ·cited 96×
  The Florida Supreme Court answered certified questions from the Eleventh Circuit regarding the scope of Florida's economic loss doctrine. The Court held that the economic loss rule bars negligence actions for purely economic damages only when parties are in contractual privity or
• Kennett-Murray Corp. v. Bone
  622 F.2d 887· 5th Cir.· 1980-08-01 ·cited 94×
  The court held that the district court improperly granted summary judgment because the defendant's affidavit, even if it conflicted with prior deposition testimony, raised genuine issues of material fact regarding fraud that required jury resolution.
• Perma Research & Dev. Co. v. The Singer Co.
  410 F.2d 572· 2d Cir.· 1969-04-25 ·cited 94×
  A contractual promise made with the undisclosed intention not to perform constitutes fraud under New York law, but summary judgment was properly granted as the plaintiff failed to produce sufficient evidence of such intent.
• The City Nat'l Bank OF Fort Smith v. Ilo Vanderboom
  422 F.2d 221· 8th Cir.· 1970-02-20 ·cited 92×
  The court held that the investors lacked standing to bring a Rule 10b-5 counterclaim because they were not purchasers or sellers of securities, and the bank's actions did not fall within the statutory coverage of Section 10(b).
• Tiara Condo. Ass'n, Inc. v. Marsh & McLennan Cos., Inc.
  110 So. 3d 399· Fla.· 2013-03-07 ·cited 90×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding the economic loss rule's applicability to insurance brokers. The Court held that the economic loss rule applies only to products liability cases, not to professional services or contractua
• Seaboard Air Line R. Co. v. Timmons
  61 So. 2d 426· Fla.· 1952-11-14 ·cited 88×
  The Florida Supreme Court reviewed an order compelling a railroad company to produce documents related to an employee's personal injury claim. The court held that the employee failed to show sufficient cause to overcome the work-product privilege and attorney-client privilege for
• VIC Potamkin Chevrolet, Inc. v. Bloom
  386 So. 2d 286· Fla. 3d DCA· 1980-07-15 ·cited 87×
  Vic Potamkin Chevrolet and its agents appealed an order denying their motion to compel arbitration of a fraud and deceit claim arising from a vehicle purchase. The court held that the broad arbitration clause in the purchase agreement encompassed the fraud claim and that the part
• IIT v. Vencap, Ltd.
  519 F.2d 1001· 2d Cir.· 1975-04-28 ·cited 83×
  The court held that the district court's findings were insufficient to definitively determine subject matter jurisdiction or the probability of success on the merits for issuing a preliminary injunction.
• Craft v. Metromedia, Inc.
  766 F.2d 1205· 8th Cir.· 1985-06-28 ·cited 82×
  The court affirmed the dismissal of the Title VII and Equal Pay Act claims, finding no clear error in the district court's factual determinations regarding evenhanded application of appearance standards and permissible reasons for salary differences. The court reversed the fraud
• Traylor v. Black
  189 F.2d 213· 8th Cir.· 1951-05-10 ·cited 81×
  The court held that the trial court erred in granting summary judgment because genuine issues of material fact existed regarding the validity of modification contracts and the acceptance of orders.
• Camichos v. Diana Stores Corp.
  157 Fla. 349· Fla.· 1946-04-30 ·cited 81×
  Lessees John and Geneva Camichos sought to enforce a renewal option in their commercial lease when the property was set to be demolished. The Florida Supreme Court affirmed the trial court's dismissal, holding that the renewal clause was too indefinite to be enforceable and that
• Pearlstein v. Scudder & German
  429 F.2d 1136· 2d Cir.· 1970-07-02 ·cited 79×
  The court held that a customer's claim for damages due to a broker's violation of Regulation T should be denied when the customer is an experienced speculator who was not induced by the violation and refused to sell securities despite advice.
• Sutliff v. Donovan Cos., Inc.
  727 F.2d 648· 7th Cir.· 1984-02-09 ·cited 78×
  The court held that the complaint adequately stated a claim under RICO, but not under the antitrust laws, and that the district court erred in dismissing the RICO claim and denying reconsideration.
• Hillcrest Pac. Corp. v. Yamamura
  727 So. 2d 1053· Fla. 4th DCA· 1999-02-24 ·cited 75×
  Pacific Atlas Development Corporation and Hillcrest Pacific Corporation appealed the dismissal of a twelve-count complaint arising from their purchase of a Florida golf course. The court affirmed dismissal, finding that Pacific failed to state causes of action for fraud in the in
• Nader W. Sarkis and Nazih W. Sarkis v. Pafford OIL Co., Inc.
  697 So. 2d 524· Fla. 1st DCA· 1997-04-23 ·cited 72×
  Plaintiffs leased an Amoco service station from Pafford Oil and alleged they were sold inferior gasoline at premium prices, with Amoco's representative allegedly covering up the fraud. The court reversed dismissal of claims under Florida's Unfair and Deceptive Trade Practices Act
• Susan Fixel, Inc. v. Rosenthal & Rosenthal, Inc.
  842 So. 2d 204· Fla. 3d DCA· 2003-04-02 ·cited 71×
  Susan Fixel, Inc. appealed the dismissal of tort claims against its factor, Rosenthal & Rosenthal, Inc., for breach of fiduciary duty, fraud in the inducement, fraudulent misrepresentation, and negligent misrepresentation. The trial court dismissed all claims, finding no fiduciar
• Int'l Harvester Credit Corp. & Int'l Harvester Co. v. E. Coast Truck & R. V. Sales, Inc.
  547 F.2d 888· 5th Cir.· 1977-02-25 ·cited 70×
  The court held that the trial court erred in granting rescission of the contract because the party seeking relief had not requested it and the opposing party was prejudiced by the unexpected remedy.
• Hotels OF KEY Largo, Inc. v. RHI Hotels, Inc.
  694 So. 2d 74· Fla. 3d DCA· 1997-04-16 ·cited 69×
  Hotels of Key Largo and Casa Magna Investments sued to rescind licensing agreements with RHI Hotels, claiming fraudulent inducement regarding promises about reservation systems and room referrals. The court affirmed dismissal, holding that fraud claims based on misrepresentations
• Spiegel v. H. Allen Holmes, Inc.
  834 So. 2d 295· Fla. 4th DCA· 2002-12-26 ·cited 66×
  The appellate court affirmed the trial court's enforcement of a settlement agreement against the plaintiff but reversed the denial of attorney's fees on the defendant's cross-appeal.
• Genesco, Inc. v. T. Kakiuchi & Co.
  815 F.2d 840· 2d Cir.· 1987-04-01 ·cited 66×
  The court held that Genesco's RICO claims against Kakiuchi-Japan and Kakiuchi-America fall within the scope of their arbitration agreements and are arbitrable as a matter of law, despite the claims' statutory nature.
• ALL Fla. Sur. Co. v. Coker
  88 So. 2d 508· Fla.· 1956-06-20 ·cited 66×
  All Florida Surety Company sought reimbursement from subcontractors Coker and Wright under indemnity agreements after the principal contractor defaulted. Coker and Wright sought rescission, claiming the contractor Barber fraudulently misrepresented the nature of the documents. Th
• McClure v. Am. Nat'l Bank of Pensacola
  67 Fla. 32· Fla.· 1914-01-27 ·cited 65×
  This case concerns whether a wife can avoid a mortgage on her property when her signature was obtained through her husband's fraud, but the mortgage was later assigned to a bona fide purchaser for value before maturity. The court held that the assignee, having no notice of the fr
• Basulto v. Hialeah Auto.
  141 So. 3d 1145· Fla.· 2014-03-20 ·cited 62×
  The Florida Supreme Court quashed the Third District Court of Appeal's decision that partially enforced arbitration clauses in an automobile sales contract, holding that the trial court correctly found no valid arbitration agreement existed between the Spanish-speaking buyers and
• Royal v. Parado
  462 So. 2d 849· Fla. 1st DCA· 1985-01-22 ·cited 62×
  An elderly widow sought rescission of quitclaim deeds she granted to her great-niece and great-nephew-in-law in exchange for their promise to provide care and support for life. The trial court rescinded the deeds and ordered the appellants to continue mortgage payments, but the a
• Post Tensioned Eng'g Corp. & Commercial Constr. Corp. v. Fairways Plaza Assocs.
  412 So. 2d 871· Fla. 3d DCA· 1982-03-09 ·cited 62×
  The Florida District Court of Appeal upheld the enforceability of an arbitration clause in a construction contract, holding that a party cannot avoid arbitration by suing both the contracting party and non-contracting third parties in court. The court rejected multiple defenses a
• In re Est. of Samuel Donner v. Anton
  364 So. 2d 742· Fla. 3d DCA· 1978-10-03 ·cited 62×
  This consolidated appeal arose from a probate dispute involving Samuel Donner's estate. Ruth Jean Donner, Donner's second wife, sought to enforce a settlement agreement requiring Donner to leave her a $1 million bequest and to enter an antenuptial agreement with any future spouse
• Bissett v. Ply-Gem Indus., Inc.
  533 F.2d 142· 5th Cir.· 1976-06-09 ·cited 62×
  The court held that there was sufficient evidence to support the jury's verdict for fraudulent inducement and that the plaintiffs did not waive their claims.
• Schwartz v. Zaconick
  68 So. 2d 173· Fla.· 1953-06-19 ·cited 62×
  Schwartz sought to foreclose a mortgage on a note executed by the Zaconicks to settle a prior jewelry claim. The Zaconicks defended by asserting a contemporaneous oral agreement that interest would not be due unless the property was sold to third parties. The Florida Supreme Cour
• Lorn Leitman and John Gentile v. Boone
  439 So. 2d 318· Fla. 3d DCA· 1983-10-18 ·cited 61×
  In this real estate dispute, the trial court found no contract was formed because the defendants never accepted the plaintiffs' offer to purchase in the required manner (by executing a deposit receipt form). The trial court nonetheless awarded the defendants attorney's fees based
• Fausto Lopez-Infante v. Union Cent. Life Ins. Co.
  809 So. 2d 13· Fla. 3d DCA· 2002-01-16 ·cited 59×
  Appellants purchased what they believed to be a retirement plan (Selectex) from Union Central Life Insurance Company in 1990, but received ordinary whole life insurance policies instead. They discovered the fraud in 1998 and sued in 2000. The trial court dismissed on statute of l
• Watkins v. NCNB Nat'l Bank OF Fla., N.A.
  622 So. 2d 1063· Fla. 3d DCA· 1993-08-03 ·cited 59×
  Floyd Watkins borrowed money from NCNB National Bank to purchase units in a limited partnership investment. When the partnership offering closed without meeting minimum sale requirements, Watkins sued to cancel the promissory note, asserting fraudulent inducement and other claims