Fraudulent Inducement

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

• Green v. Ancora-Citronelle Corp.
  577 F.2d 1380· 9th Cir.· 1978-06-08 ·cited 14×
  The court held that the appellants were precluded by the doctrine of issue preclusion (collateral estoppel) from relitigating issues already decided in the prior state court action, affirming the grant of summary judgment.
• Schultz v. Cally
  528 F.2d 470· 3d Cir.· 1975-12-30 ·cited 14×
  The court held that the district court lacked jurisdiction because neither diversity nor federal question jurisdiction was properly established, and remanded for the trial court to determine these issues.
• McINTIRE v. Green-Tree Cmtys., Inc.
  318 So. 2d 197· Fla. 2d DCA· 1975-08-01 ·cited 14×
  Homebuyers appeal the dismissal of their complaint against a home builder for damages resulting from delay in completing their house. The court reverses, holding that while a "no damages for delay" clause in the contract is generally valid, it does not shield a builder from liabi
• Varo v. Comprehensive Designers, Inc.
  504 F.2d 1103· 9th Cir.· 1974-10-03 ·cited 14×
  The court held that an order staying proceedings to compel arbitration of antitrust claims is appealable and that arbitration should be stayed pending resolution of the antitrust claims due to the strong possibility of a Sherman Act violation.
• Nat'l Labor Relations Bd. v. S. Materials Co., Inc.
  447 F.2d 15· 4th Cir.· 1971-07-09 ·cited 14×
  The court held that the broad waiver clause in the collective bargaining agreement relieved the company of its duty to bargain over the Christmas bonus, but remanded for findings on potential fraudulent inducement or misrepresentation regarding the bonus.
• Hablas v. Armour & Co.
  270 F.2d 71· 8th Cir.· 1959-09-09 ·cited 14×
  A promise, even if made with the intent not to perform, cannot be the basis for a fraud claim under Illinois law. Employment at-will contracts, lacking mutuality, are terminable by either party without cause.
• Lowell O. W. Lumber Sales v. United States
  270 F.2d 12· 9th Cir.· 1959-08-14 ·cited 14×
  The court held that the trial court erred in dismissing the appellant's claim for credit against the government's counterclaim and that the promissory note was supported by adequate consideration despite the subsequent termination of the underlying contract.
• Mouyois v. Anne Mouyois
  97 So. 2d 718· Fla. 3d DCA· 1957-09-17 ·cited 14×
  Anne Mouyois sought to set aside a divorce decree and property settlement agreement on grounds of fraud, claiming her ex-husband Peter Mouyois fraudulently obtained the agreement. The trial court properly denied the fraud claim but improperly modified the alimony payments from $1
• Reynolds Jamaica Mines, Ltd. v. LA Societe Navale Caennaise
  239 F.2d 689· 4th Cir.· 1956-12-17 ·cited 14×
  The court held that the arbitration clause in the contract barred the suit because the plaintiff failed to seek arbitration within the contractually stipulated 30-day period after delivery, and the fraud claim was also barred by the plaintiff's election to affirm the contract and
• Byrnes v. The Mut. Life Ins. Co. OF NEW York
  217 F.2d 497· 9th Cir.· 1954-12-06 ·cited 14×
  The court held that the insurance policy was void due to the insured's material misrepresentations, and the beneficiary, even if he paid the premium, was bound by these misrepresentations.
• Sw. Greyhound Lines, Inc. v. Buchanan
  126 F.2d 179· 5th Cir.· 1942-02-24 ·cited 14×
  The court held that the jury instructions regarding fraud in the inducement of a release were proper and supported by sufficient evidence.
• Livingston v. Roberts' Executor
  18 Fla. 70· Fla.· 1881-01-01 ·cited 14×
  Livingston purchased a promissory note from Mrs. Magruder, the payee, before maturity and sued Roberts' executor for payment. The executor defended by alleging the note was obtained through fraud and witchcraft while Roberts was ill, and that Livingston had notice of these defect
• White v. Camp
  1 Fla. 94· Fla.· 1846-01-01 ·cited 14×
  An innocent endorsee of a negotiable promissory note taken before maturity need not prove consideration unless the defendant establishes suspicious circumstances; statutory provisions requiring proof of consideration apply only between immediate parties to the instrument, not bet
• Antoniazzi v. Wardak
  259 So. 3d 206· Fla. 3d DCA· 2018-10-17 ·cited 13×
  Appellants appealed an order denying their motion to dismiss a breach of contract and fraud action based on a forum selection clause in a banking agreement. The court reversed, holding that the forum selection clause contained in the Banking Agreement was mandatory and unambiguou
• Moriber v. Dreiling
  194 So. 3d 369· Fla. 3d DCA· 2016-01-13 ·cited 13×
  Sara Moriber appealed a summary judgment dismissing her fraud claims against her mother's estate after Moriber settled litigation regarding family trusts and business interests in 2000, only to discover twelve years later that life insurance policies she believed were included in
• Ira Marcus v. Fla. Bagels, LLC
  112 So. 3d 631· Fla. 4th DCA· 2013-04-24 ·cited 13×
  A non-party to an arbitration agreement cannot invoke the doctrine of equitable estoppel to compel arbitration when the parties to the agreement have repudiated it and elected to pursue litigation instead. The court affirmed the denial of Marcus's motion to compel arbitration, ho
• Ball v. D'Lites Enters., Inc.
  65 So. 3d 637· Fla. 4th DCA· 2011-07-27 ·cited 13×
  Licensees of a frozen dietary ice cream product company appealed the dismissal of their defamation claims based on the litigation privilege. The court held that statements made on a party's commercial website are not protected by the litigation privilege, even if related to pendi
• Butler v. Yusem
  3 So. 3d 1185· Fla.· 2009-02-26 ·cited 13×
  The court held that the appellate court erred in affirming the trial court's decision based on justifiable reliance when the trial court based its decision on due diligence, and that prejudgment interest should have been awarded on certain attorney fees.
• Hialeah Auto., LLC v. Basulto
  22 So. 3d 586· Fla. 3d DCA· 2009-01-28 ·cited 13×
  Hialeah Automotive appealed an order denying its motion to compel arbitration of fraud and FDUTPA claims brought by vehicle purchasers. The court affirmed in part and reversed in part, finding one arbitration agreement unconscionable but permitting arbitration of monetary claims
• Brown v. Toscano
  630 F. Supp. 2d 1342· S.D. Fla.· 2008-12-22 ·cited 13×
  The court held that bifurcation of the patent infringement issue from other claims was not warranted, but discovery related to an advice of counsel defense would be stayed.
• Espirito Santo Bank v. Mercio Goncalves Rego
  990 So. 2d 1088· Fla. 3d DCA· 2008-09-17 ·cited 13×
  ES Bank sought certiorari to quash a trial court order granting Rego leave to amend his complaint to assert punitive damages on a fraudulent inducement claim. The Third District Court of Appeal granted the petition, holding that an allegation of fraud alone does not satisfy the s
• Joseph v. Liberty Nat'l Bank
  873 So. 2d 384· Fla. 5th DCA· 2004-04-08 ·cited 13×
  Roy Joseph purchased commercial real estate from Liberty National Bank based on advertising and appraisals indicating C-3 zoning, when the property was actually zoned A-1. Joseph sued for negligent misrepresentation, fraudulent misrepresentation, and misleading advertising. The a
• Bankers Mut. Cap. Corp. v. United States Fid. & Guar. Co.
  784 So. 2d 485· Fla. 4th DCA· 2001-03-14 ·cited 13×
  Bankers Mutual Capital Corporation appealed the dismissal of fraud in the inducement claims against Felix Lima, a qualifying agent and officer of a general contractor. The Fourth District Court of Appeal reversed, holding that fraud in the inducement claims are independent tort a
• Pershing Indus., Inc. v. The Est. OF Victoria Sanz
  740 So. 2d 1246· Fla. 3d DCA· 1999-09-01 ·cited 13×
  The court held that claims for fraud in the inducement, conversion, and civil theft are independent torts not barred by the economic loss rule, and that summary judgment was improper for these claims.
• Koehler v. Merrill Lynch & Co., Inc.
  706 So. 2d 1370· Fla. 2d DCA· 1998-01-30 ·cited 13×
  The Koehlers appealed the dismissal of their fraud and misrepresentation claims against Merrill Lynch and insurance agents who allegedly misrepresented the premium payment terms of a life insurance policy. The court reversed the dismissal, holding that the complaint stated viable
• Romano v. Goodlette Off. Park, Ltd.
  700 So. 2d 62· Fla. 2d DCA· 1997-09-19 ·cited 13×
  The trial court erred in referring the question of arbitrability of a counterclaim to an arbitration panel, as this determination must be made by the court unless the parties clearly and unmistakably agree otherwise.
• Riley v. Kingsley Underwriting Agencies, Ltd.
  969 F.2d 953· 10th Cir.· 1992-07-17 ·cited 13×
  The court held that the forum selection, choice of law, and arbitration provisions in the parties' contracts were valid and enforceable, requiring disputes to be resolved in England.
• Meyers v. Shore Indus., Inc.
  597 So. 2d 345· Fla. 2d DCA· 1992-04-10 ·cited 13×
  The court held that the party asserting estoppel by judgment bears the burden of proving the issue was fully litigated and adjudicated, and summary judgment is precluded if a genuine issue of material fact remains.
• Williams Elec. Co., Inc. v. Honeywell, Inc.
  772 F. Supp. 1225· N.D. Fla.· 1991-04-16 ·cited 13×
  Private parties acting under the direction or requirement of a federal agency, which is authorized by law to direct such actions, are immune from federal antitrust liability.
• Henson v. James M. Barker Co., Inc.
  555 So. 2d 901· Fla. 1st DCA· 1990-01-12 ·cited 13×
  The court reversed a dismissal of homeowners' fraud claims against a contractor who allegedly concealed latent defects in construction work and made covert communications with the owners' lender to pressure them into a settlement releasing the contractor from liability. The court
• Weimer v. Amen
  870 F.2d 1400· 8th Cir.· 1989-03-23 ·cited 13×
  The court held that the plaintiff's claims of procedural and substantive due process violations failed to state a claim cognizable under 42 U.S.C. § 1983 because the alleged fraudulent actions by state officials were random and unauthorized, and thus the state's post-deprivation
• Garcia v. Merrill Lynch
  833 F.2d 545· 5th Cir.· 1987-12-07 ·cited 13×
  The court held that the rescission of SEC Rule 15c2-2 should be applied retroactively, meaning the SEC Rule was no longer a basis for denying arbitration.
• Augusto Cortes and Mary Cortes v. Adair
  494 So. 2d 523· Fla. 3d DCA· 1986-09-23 ·cited 13×
  Buyers sought rescission of a real property purchase contract and return of their $10,000 deposit after discovering the land was unsuitable for their intended use, alleging fraudulent inducement. The trial court denied rescission and upheld a liquidated damages clause awarding th
• Coal Res., Inc. v. Gulf & W. Indus., Inc.
  756 F.2d 443· 6th Cir.· 1985-03-04 ·cited 13×
  The court held that an integration clause does not bar claims for fraudulent inducement or breach of implied covenants, and that the parol evidence rule does not apply to evidence of fraud in the inducement.
• Grumman Allied Indus., Inc. v. Rohr Indus., Inc.
  748 F.2d 729· 2d Cir.· 1984-10-31 ·cited 13×
  A party that contractually disclaims reliance on representations and has full access to information cannot later claim fraudulent inducement based on those representations.
• United States v. Nuth
  605 F.2d 229· 6th Cir.· 1979-08-30 ·cited 13×
  Failure of an IRS Revenue Agent to provide News Release warnings or misrepresenting an audit as routine does not require suppression of evidence if the taxpayer was not effectively tricked or deceived, especially when the investigation was not initially criminal.
• Zuckerman-Vernon Corp. v. Rosen
  361 So. 2d 804· Fla. 4th DCA· 1978-08-09 ·cited 13×
  Zuckerman-Vernon Corp. appealed the dismissal of its fraud complaint against property sellers, brokers, and city officials who allegedly misrepresented the zoning status of acreage before closing. The court reversed the dismissal as to the sellers, brokers, and city officials in
• Figueroa v. Merscorp, Inc.
  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.
• Master Tech Satellite, Inc. v. Mastec N. Am., Inc.
  49 So. 3d 789· Fla. 3d DCA· 2010-10-27 ·cited 12×
  A contract entered into by an unlicensed contractor is unenforceable under section 489.532, Florida Statutes, where the scope of work includes installation of low-noise blocks requiring wiring to an electrical source and grounding.
• Sharaby v. KLV Gems Co., Inc.
  45 So. 3d 560· Fla. 4th DCA· 2010-10-20 ·cited 12×
  Benjamin Sharaby, a defendant in a jewelry dispute, appealed the trial court's denial of attorney's fees under both a proposal for settlement and a frivolous lawsuit statute. The Fourth District Court of Appeal affirmed the denial of fees under the frivolous lawsuit statute but r
• Ben-Yishay v. Mastercraft Dev., LLC
  553 F. Supp. 2d 1360· S.D. Fla.· 2008-04-21 ·cited 12×
  The court held that claims against Mastercraft and MS are subject to arbitration, while fraudulent inducement and misrepresentation claims against Lap are barred by the economic loss rule, but the conversion claim against Lap is not arbitrable and will be stayed.
• Fcci Ins. Co. v. Cayce's Excavation, Inc.
  901 So. 2d 248· Fla. 2d DCA· 2005-04-27 ·cited 12×
  FCCI Insurance Company and Florida Employers Insurance Service Corporation appealed a summary judgment requiring them to reimburse Cayce's Excavation for workers' compensation benefits paid to an injured employee. The appellate court reversed, finding that the trial court imprope
• Leatherwood v. Cardservice Int'l, Inc.
  885 So. 2d 997· Fla. 4th DCA· 2004-11-03 ·cited 12×
  The court held that the trial court erred in dismissing the complaint for improper venue without an evidentiary hearing, as the defendant failed to meet its burden of proof.
• Simpson v. Cohen
  812 So. 2d 588· Fla. 4th DCA· 2002-04-03 ·cited 12×
  The Fourth DCA affirmed a trial court's order compelling arbitration, finding that a broad arbitration clause is enforceable even when the entire contract is alleged to have been fraudulently induced.
• Micronair, Inc. v. City OF Winter Haven
  800 So. 2d 622· Fla. 2d DCA· 2001-08-24 ·cited 12×
  Micronair, Inc. appeals the trial court's order lifting a stay of litigation against the City of Winter Haven. The core issue is whether Micronair was required to hold a Florida contractor's license to perform wastewater treatment equipment installation work under its contract wi
• Premix-Marbletite Mfg. Corp. v. SKW Chems., Inc.
  145 F. Supp. 2d 1348· S.D. Fla.· 2001-04-24 ·cited 12×
  The court held that the terms and conditions on SKW's invoices were not part of the parties' contract for the sale of F245, and that Premix's tort claims for fraud and negligent misrepresentation were barred by the economic loss rule.
• Lude Henderson v. Coral Springs Nissan, Inc.
  757 So. 2d 577· Fla. 4th DCA· 2000-05-03 ·cited 12×
  Henderson purchased a vehicle from Coral Springs Nissan under a contract containing an arbitration clause, but the dealership rescinded the contract the next day. The trial court compelled arbitration of Henderson's FDUTPA claim despite the contract's rescission. The court revers
• Medalie v. FSC Sec. Corp.
  87 F. Supp. 2d 1295· S.D. Fla.· 2000-02-01 ·cited 12×
  The court held that the securities fraud claim is barred by the statute of limitations, and the breach of fiduciary duty claim is barred by the economic loss rule.
• Fla. Software Sys., Inc. v. Columbia/HCA Healthcare Corp.
  46 F. Supp. 2d 1276· M.D. Fla.· 1999-04-19 ·cited 12×
  The court denied motions to dismiss most counts, finding the pleadings sufficient to withstand a motion to dismiss, but granted the motion to dismiss the claim for accounting.
• Great W. Fin. Sec. Corp. v. Zachariah Grandison and Olivia Grandison
  701 So. 2d 1202· Fla. 5th DCA· 1997-11-21 ·cited 12×
  Great Western Financial Securities Corporation appeals a trial court's denial of its motion to compel arbitration based on an arbitration clause in a client agreement. The court reversed, holding that fraud allegations directed at the underlying contract rather than the arbitrati