Fraudulent Inducement

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

• Reese v. Reese
  192 So. 2d 1· Fla.· 1966-11-23 ·cited 16×
  The Florida Supreme Court reversed a district court decision holding that a bigamous marriage terminated the petitioner's right to alimony from a prior divorce decree. The Court held that a void bigamous marriage cannot alter the legal rights of the parties and therefore cannot t
• Elec. & Missile Facilities v. United States for the Use of H. W. Moseley
  306 F.2d 554· 5th Cir.· 1962-07-11 ·cited 16×
  The court held that the Miller Act does not preclude arbitration of disputes arising from contracts involving commerce, and that a general claim of fraud in the contract does not invalidate an arbitration clause unless the clause itself was fraudulently procured.
• Forsythe v. Spielberger
  86 So. 2d 427· Fla.· 1956-03-28 ·cited 16×
  The Florida Supreme Court upheld the validity of an amended inter vivos trust where the settlor modified the disposition of trust property, rejecting claims that the amendment was induced by mistake of fact, fraud, or undue influence. The court also rejected the argument that the
• Fuller v. Fuller
  68 So. 2d 177· Fla.· 1953-11-17 ·cited 16×
  The Florida Supreme Court granted certiorari to review a chancellor's denial of a motion to dismiss a bill of review. The wife sought to attack a divorce decree and property settlement agreement on grounds of fraud, but the court held she was barred from doing so because she had
• In re Petition OF LEE Gaban and Clorene Gaban
  158 Fla. 597· Fla.· 1947-02-21 ·cited 16×
  The Florida Supreme Court reversed a lower court's adoption decree, holding that parental consent to adoption was not freely and voluntarily given where the mother signed the adoption papers only hours after childbirth while under the influence of morphine and while believing her
• Cohen v. Randall
  137 F.2d 441· 2d Cir.· 1943-07-20 ·cited 16×
  The court held that the plaintiff failed to state a claim upon which relief could be granted because the alleged fraud in procuring the Nevada divorce decree did not rise to the level of coercion or duress required to challenge it under New York law.
• SP Healthcare Holdings, LLC v. Surgery Ctr. Holdings, LLC
  208 So. 3d 775· Fla. 2d DCA· 2016-12-09 ·cited 15×
  This case involves a dispute over the sale of ambulatory surgery centers by Dr. Gari to H.I.G. Middle Markets. The buyer claimed the seller breached warranties regarding accounts receivable and sought to offset indemnification losses against an earnout payment. The court correcte
• Billington v. Ginn-La Pine Island, Ltd., LLLP
  192 So. 3d 77· Fla. 5th DCA· 2016-05-20 ·cited 15×
  In this real estate fraud case, the Fifth District Court of Appeal affirmed the dismissal of the buyer's fraud claims based on clear and unambiguous non-reliance and waiver clauses in the purchase contracts for high-end residential lots. The court held that these disclaimer claus
• Effective Teleservices, Inc. v. Allerd Charles Smith
  132 So. 3d 335· Fla. 4th DCA· 2014-01-29 ·cited 15×
  In this employment dispute appeal, Effective Teleservices and its board chair challenge attorneys' fees and cost judgments totaling over $1.4 million. The court reversed the fee award, holding that the trial court improperly awarded fees for claims lacking contractual or statutor
• United States Fire Ins. Co. v. ADT Sec. Servs., Inc.
  134 So. 3d 477· Fla. 2d DCA· 2013-09-18 ·cited 15×
  USFI, as subrogee of M.A. Federal's insurance rights, sued ADT for negligence after ADT's security system failed to detect a burglary when the wireless backup ceased functioning during the FCC's transition from analog to digital signals. The court reversed the trial court's judgm
• Maiko A. Xavier and Gricell B. Perez v. Leviev Boymelgreen Marquis Developers, LLC
  117 So. 3d 773· Fla. 3d DCA· 2012-11-21 ·cited 15×
  The court held that the statute of limitations defense could not be conclusively established as a matter of law from the face of the complaint. The buyers' allegations of fraud, conversion, and unjust enrichment required further factual development.
• Fid. Warranty Servs., Inc. v. Firstate Ins. Holdings, Inc.
  74 So. 3d 506· Fla. 4th DCA· 2011-10-05 ·cited 15×
  In this commercial dispute, the Florida Fourth District Court of Appeal reversed a jury verdict awarding $6.75 million to Firstate Insurance on tortious interference and defamation counterclaims, finding that Firstate failed to present admissible evidence of damages on the tortio
• Browning v. Fla. Hometown Democracy, Inc.
  29 So. 3d 1053· Fla.· 2010-02-18 ·cited 15×
  The Florida Supreme Court affirmed the First District Court of Appeal's decision striking down Florida's signature-revocation provisions for initiative petitions as unconstitutional. The court held that these provisions, which allowed opponents to conduct campaigns persuading pet
• Exhibit Icons, LLC v. XP Cos., LLC
  609 F. Supp. 2d 1282· S.D. Fla.· 2009-03-26 ·cited 15×
  The court held that sufficient minimum contacts existed to establish specific personal jurisdiction over XP Companies, LLC, based on extensive communications directed at Florida, and that XP Entertainment, LLC's substantial and continuous business activities in Florida were suffi
• KC Leisure, Inc. v. Haber
  972 So. 2d 1069· Fla. 5th DCA· 2008-01-25 ·cited 15×
  The court held that the complaint stated causes of action against the individual defendant for violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) and for fraudulent inducement, and that individuals can be held liable for corporate violations if they active
• Mandel v. Decorator's Mart
  965 So. 2d 311· Fla. 4th DCA· 2007-09-19 ·cited 15×
  The Florida Fourth District Court of Appeal addressed the proper calculation of attorney's fees under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) when a prevailing defendant also defended against intertwined contract and fraud claims. The court affirmed the fee
• Beazer Homes Corp. v. Bailey
  940 So. 2d 453· Fla. 5th DCA· 2006-09-08 ·cited 15×
  Beazer Homes and its sales representatives appealed the denial of their motion to compel arbitration of fraud and FDUTPA claims brought by home buyers alleging misrepresentations about golf course views. The court reversed, holding that fraud in the inducement claims and statutor
• Pure H20 Biotechnologies, Inc. v. Mazziotti
  937 So. 2d 242· Fla. 4th DCA· 2006-09-06 ·cited 15×
  The court held that the Mazziottis' claims of fraud were time-barred and did not meet the criteria for vacating a judgment under Rule 1.540(b)(5).
• Bill Heard Chevrolet Corp. v. Wilson
  877 So. 2d 15· Fla. 5th DCA· 2004-05-07 ·cited 15×
  The appellate court reversed a trial court's decision that denied a motion to compel arbitration. The court held that written arbitration agreements are binding and enforceable, even if a party claims they did not read the contract or misunderstood its terms.
• Nasir M. Ashemimry v. Sheik Ahmed Abdul Rahman Saleh BA Nafa
  778 So. 2d 495· Fla. 5th DCA· 2001-02-23 ·cited 15×
  Ashemimry and his corporations appeal from orders establishing personal jurisdiction, proper venue in Orange County, and entitlement to an accounting with a special master appointed. The Florida appellate court affirmed, finding the trial court properly exercised jurisdiction ove
• Making Ends Meet, Inc. v. Laurence F. Cusick and Diana Cusick
  719 So. 2d 926· Fla. 3d DCA· 1998-09-02 ·cited 15×
  This case involves a landlord suing a tenant for unpaid rent and the tenant counter-suing for fraud and tortious interference. The appellate court affirmed the jury's award of rent to the landlord and the denial of the tenant's motion for a new trial, while also affirming the den
• Eastern Cement v. Halliburton Co.
  600 So. 2d 469· Fla. 4th DCA· 1992-04-08 ·cited 15×
  Eastern Cement sued Halliburton for breach of contract for unpaid cement pumping equipment. The trial court directed a verdict against Halliburton's counterclaims for fraudulent misrepresentation and breach of implied warranty of fitness. The appellate court reversed, holding tha
• The Fed. Sav. & Loan Ins. Corp. for Vernon Sav. & Loan Ass'n v. Gordy
  928 F.2d 1558· 11th Cir.· 1991-04-25 ·cited 15×
  The D'Oench doctrine applies even when borrowers act in good faith and reasonably, barring defenses based on unrecorded agreements or conditions, including the truth of a bank's financial statements.
• Consol. Bearings Co. v. Ehret-Krohn Corp.
  913 F.2d 1224· 7th Cir.· 1990-09-20 ·cited 15×
  The court held that a jury could find Consolidated's 1975 statements about financial losses fraudulent and that Ehret's termination was wrongful, but that Ehret was not entitled to post-termination warehousing commissions.
• Jarrett v. Harrison Epperly & Epperly Inc.
  896 F.2d 1013· 6th Cir.· 1990-02-23 ·cited 15×
  The denial of a motion for summary judgment is not reviewable on appeal after a full trial on the merits, and the Statute of Frauds does not bar claims for fraud or oral employment contracts where part performance and equitable estoppel apply.
• Seinfeld v. Commercial Bank & Tr. Co.
  405 So. 2d 1039· Fla. 3d DCA· 1981-11-10 ·cited 15×
  The bank did not conclusively establish its status as a holder in due course as a matter of law, and summary judgment was therefore improper.
• Simco Operating Corp. v. City Nat'l Bank OF Miami Beach
  341 So. 2d 232· Fla. 3d DCA· 1976-12-23 ·cited 15×
  The court held that the doctrine of estoppel by judgment barred the appellant's fraud claim because the core issue of fraudulent inducement had already been litigated and decided in a prior foreclosure action.
• Smith v. Bollinger
  137 So. 2d 881· Fla. 2d DCA· 1962-02-21 ·cited 15×
  Joan Bollinger sought to set aside the final divorce decree through a bill of review, challenging property division and custody arrangements on grounds of duress and fraud. The appellate court reversed the trial court's denial of summary judgment, holding that the decree was fina
• Berry v. Native Am. Servs. Corp.
  109 F.4th 1297· 11th Cir.· 2024-07-25 ·cited 14×
  DWG & Associates, Inc., an architecture firm owned by Dennie Gose and Brent Berry, was admitted to the Small Business Administration's 8(a) program but graduated in 2010 when it exceeded size limits, though it remained eligible to bid on previously awarded 8(a) contracts. When DW
• Alpha Data Corp. v. HX5, L.L.C.
  139 So. 3d 907· Fla. 1st DCA· 2013-10-18 ·cited 14×
  Summary judgment was properly entered on the Mentor-Protégé Agreement claim under the Statute of Frauds because the unsigned three-year agreement could not be enforced without a writing. However, genuine issues of material fact remained on the breach of contract, fraud, promissor
• Siegel v. Rowe
  71 So. 3d 205· Fla. 2d DCA· 2011-10-05 ·cited 14×
  Appellants Siegel and Leahy-Fernandez challenge attorney's fee awards under section 57.105(1), Florida Statutes, arising from the underlying action where Leahy-Fernandez's claims for recovery of $50,000 allegedly loaned to the appellees were rejected by the trial court. The appel
• Dr. Gail van Diepen, P.A. v. Brown
  55 So. 3d 612· Fla. 5th DCA· 2011-01-28 ·cited 14×
  On remand from an earlier reversal, the Fifth District Court of Appeal again reversed a trial court's award of attorney's fees to employees who prevailed only on Fair Labor Standards Act overtime claims out of multiple counts. The court held that counsel failed to meet its burden
• Biscayne Inv. Grp., Ltd. v. Guar. Mgmt. Servs., Inc.
  903 So. 2d 251· Fla. 3d DCA· 2005-05-11 ·cited 14×
  Biscayne Investment Group, the developer of a condominium, appealed the dismissal of four counts against the property management company Guarantee Management Services. The court affirmed dismissal of breach of contract, fraud, and equitable subrogation claims, but reversed dismis
• Tres-Aaa-Exxon v. City First Mortg., Inc.
  870 So. 2d 905· Fla. 4th DCA· 2004-04-14 ·cited 14×
  The court held that a judgment on the pleadings was improper because Exxon's allegations, if true, could support claims for fraud in the inducement and negligent misrepresentation.
• Visor v. Buhl
  760 So. 2d 274· Fla. 4th DCA· 2000-06-07 ·cited 14×
  Frederick Visor appealed the dismissal of his complaint against three defendants for RICO violations, conspiracy, breach of fiduciary duty, and fraud claims. The Fourth District Court of Appeal reversed the dismissal of Visor's fraud claims and all claims against one defendant wh
• Pinebrook Towne House Ass'n, Inc. v. C.E. O'Dell & Assocs., Inc.
  725 So. 2d 431· Fla. 2d DCA· 1999-02-03 ·cited 14×
  The appellate court quashed the trial court's order disqualifying counsel and prohibiting disclosure of information, finding it to be a departure from the essential requirements of law.
• Gerri A. Randolph v. Mitchell
  677 So. 2d 976· Fla. 5th DCA· 1996-08-09 ·cited 14×
  The economic loss rule does not bar a fraud in the inducement claim against an insurance agent who is a third-party intermediary, as the agent's duty is extracontractual.
• Leisure Founders, Inc. v. CUC Int'l, Inc.
  833 F. Supp. 1562· S.D. Fla.· 1993-08-31 ·cited 14×
  The court held that the complaint sufficiently alleged fraud in connection with the purchase or sale of securities under Section 10(b) and Rule 10b-5, and denied the motion to dismiss these claims.
• Fed. Deposit Ins. Corp. v. Va. Crossings P'ship
  909 F.2d 306· 8th Cir.· 1990-07-18 ·cited 14×
  The court held that the Janikula and Jensen memoranda, the fraud defense, and the termination defense based on the Lund letter are all barred by 12 U.S.C. § 1823(e) because they do not meet the statute's requirements for agreements to be valid against the FDIC.
• Betty and Stanley Ross v. W. Fid. Ins. Co.
  872 F.2d 665· 5th Cir.· 1989-05-11 ·cited 14×
  The court held that the infant's heart defect was not a pre-existing condition excluded by the policy, and the insurer could not deny coverage based on the 'sickness' clause or misrepresentation. The fraud claim based on the agent's representations was allowed to proceed.
• Fed. Deposit Ins. Corp. v. Turner
  869 F.2d 270· 6th Cir.· 1989-02-17 ·cited 14×
  The dissenting judge would hold that Turner's negligence in executing the guaranty in blank substantially contributed to its alteration, precluding his defense under Tenn.Code Ann. § 47-3-406.
• Montero v. Compugraphic Corp.
  531 So. 2d 1034· Fla. 3d DCA· 1988-10-04 ·cited 14×
  The court held that a contractual limitation period is invalid if there is no valid contract or if the contract was fraudulently induced.
• Dohmen-Ramirez v. Commodity Futures Trading Comm'n & Ronald Ho
  837 F.2d 847· 9th Cir.· 1988-01-20 ·cited 14×
  The court held that the Commodity Futures Trading Commission (CFTC) did not err in affirming the Administrative Law Judge's (ALJ) finding that Handy was acting as an agent for Dohmen-Ramirez and Wellington, making them liable for Handy's fraudulent acts under the Commodity Exchan
• First Nat'l Monetary Corp. & Michael Bivins v. A.J. Weinberger & Commodity Futures Trading Comm'n
  819 F.2d 1334· 6th Cir.· 1987-06-04 ·cited 14×
  The court held that Section 4o of the Commodity Exchange Act does not require proof of intent to defraud, only intentional acts, and that the CFTC's findings were supported by the weight of the evidence.
• Driscoll v. Smith Barney
  815 F.2d 655· 11th Cir.· 1987-04-28 ·cited 14×
  Federal securities law claims and federal RICO claims are not subject to mandatory arbitration, while state law claims are. Challenges to the validity of arbitration agreements are generally for the arbitrator, not the court.
• Shearson/Lehman Bros., Inc. v. Ordonez
  497 So. 2d 703· Fla. 4th DCA· 1986-11-12 ·cited 14×
  A trial court cannot stay arbitration proceedings based on a claim for rescission of the entire contract when the arbitration clause itself was not fraudulently induced.
• Bilmar Drilling, Inc. v. IFG Leasing Co.
  795 F.2d 1194· 5th Cir.· 1986-08-04 ·cited 14×
  The court held that the district court erred in considering the 'put agreement' for usury purposes and that IFG's motion for attorney fees based on contract was untimely.
• Stoetzel v. Cont'l Textile Corp. OF Am.
  768 F.2d 217· 8th Cir.· 1985-07-15 ·cited 14×
  The court held that sufficient evidence supported the jury's finding of a two-year employment contract, and affirmed the trial court's decision to remove the contract from the Statute of Frauds. The court also found the jury instructions adequate and affirmed the dismissal of pun
• Cas-Kay Enters., Inc. v. Snapper Creek Trading Ctr., Inc.
  453 So. 2d 1147· Fla. 3d DCA· 1984-07-10 ·cited 14×
  Florida appellate court reversed dismissal of rescission action and foreclosure summary judgment, holding that an integration clause does not bar fraud-based rescission claims and that a party need not investigate obvious falsities to rely on misrepresentations.
• Peninsular Fla. Dist. Council of Assemblies of God v. PAN Am. Inv. & Dev. Corp.
  450 So. 2d 1231· Fla. 4th DCA· 1984-05-30 ·cited 14×
  A church organization appealed the dismissal of its fraud and negligence claims against a real estate developer and surveying company. The court reversed the dismissal of the fraud count, finding sufficient allegations of fraudulent misrepresentation regarding real estate boundar