Fraudulent Inducement

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

• Kingston Square Tenants Ass'n v. Tuskegee Gardens, Ltd.
  792 F. Supp. 1566· S.D. Fla.· 1992-05-26 ·cited 11×
  The court held that tenants cannot bring an implied cause of action under federal housing statutes for monetary damages and that tort claims for economic losses arising from a contract breach are barred by the economic loss rule.
• Christopher v. Mobil OIL Corp.
  950 F.2d 1209· 5th Cir.· 1992-01-24 ·cited 11×
  The court held that the appellants' Age Discrimination in Employment Act (ADEA) claims were time-barred because the statute of limitations began to run when the discriminatory nature of the plan amendment was apparent, not when the concealment of a waiver provision was discovered
• Telum, Inc. v. E.F. Hutton Credit Corp.
  859 F.2d 835· 10th Cir.· 1988-10-14 ·cited 11×
  The court held that general allegations of fraud in the inducement do not invalidate a contractual jury waiver provision, and that the exclusion of evidence regarding a potential joint venture was an abuse of discretion.
• Adams v. Madison Realty & Dev., Inc.
  853 F.2d 163· 3d Cir.· 1988-07-22 ·cited 11×
  A good faith purchaser is not a holder in due course of promissory notes where indorsements are on separate, unattached sheets of paper, as this fails to comply with the Uniform Commercial Code's requirement for indorsements to be firmly affixed to the instrument.
• Willco Kuwait (Trading) S.A.K. v. Peter J. deSAVARY
  843 F.2d 618· 1st Cir.· 1988-04-07 ·cited 11×
  The court held that the district court did not err in denying Willco's motion for a new trial on its fraud claim, nor in its evidentiary rulings, but remanded for a reduction in damages awarded on the breach of contract counterclaim.
• Whigham v. Muehl
  511 So. 2d 717· Fla. 1st DCA· 1987-08-24 ·cited 11×
  The court held that a party may assert an equitable lien in supplementary proceedings even if not explicitly pleaded in the underlying action, provided the causes of action are not identical.
• Johnson & Johnson Prods., Inc. v. DAL Int'l Trading Co.
  798 F.2d 100· 3d Cir.· 1986-08-11 ·cited 11×
  The court held that the district court erred in imposing a duty to inquire on a good faith purchaser under the UCC, and the record did not support a finding that Quality King suspected fraud.
• Zelman v. Cook
  616 F. Supp. 1121· S.D. Fla.· 1985-07-17 ·cited 11×
  The court held that the plaintiff failed to prove material misrepresentations or omissions under federal and state securities laws, and common law fraud, and affirmed the judgment for the defendants.
• Landale Enters., Inc. v. Cranford Berry and Nell Berry
  676 F.2d 506· 11th Cir.· 1982-05-17 ·cited 11×
  A specific contractual disclaimer of reliance on representations, agreed to by sophisticated parties in an arms-length transaction, effectively bars a subsequent fraud claim based on those representations.
• Annabelle G. Belcher v. Belcher
  307 So. 2d 918· Fla. 3d DCA· 1975-01-28 ·cited 11×
  In this dissolution of marriage case, the Florida appellate court upheld the validity of a prenuptial agreement that waived the wife's right to alimony, finding it fair, reasonable, and binding. The court affirmed the trial court's disallowance of alimony but reversed in part reg
• William v. Gruman
  148 So. 2d 759· Fla. 2d DCA· 1963-01-04 ·cited 11×
  In this surety bond case, the court reversed the dismissal of Maryland Casualty Company from a construction contract dispute. The court held that a compensated surety is not automatically discharged when contract modifications are made without its knowledge unless the surety prov
• Woodmont, Inc. v. Daniels
  274 F.2d 132· 10th Cir.· 1959-12-23 ·cited 11×
  The court held that positive assertions inducing a contract, which the maker reasonably believes to be untrue, constitute actionable deceit, and that a contract amendment does not preclude recovery for fraud prior to the amendment if reliance on the original misrepresentations ce
• Lockwood v. Christakos
  181 F.2d 805· D.C. Cir.· 1950-04-10 ·cited 11×
  The court held that the trial court erred in considering only the final advertisement as the inducement for the purchase, failing to consider earlier advertisements and the business's prior performance, which was necessary to determine if fraud occurred.
• Jose and Vanessa Arrasola v. MGP Motor Holdings, LLC
  172 So. 3d 508· Fla. 3d DCA· 2015-08-05 ·cited 10×
  The Arrasólas appealed an order compelling arbitration of their fraud and consumer protection claims against Kendall Mitsubishi arising from a vehicle purchase. The Florida Third District Court of Appeal affirmed, holding that the arbitration agreement in the signed Retail Buyer'
• Hahamovitch v. Hahamovitch
  133 So. 3d 1008· Fla. 4th DCA· 2014-01-08 ·cited 10×
  In this dissolution case, the Fourth District Court of Appeal affirmed the validity of a prenuptial agreement and upheld the trial court's interpretation that the wife waived claims to assets titled in the husband's name, including appreciation from marital efforts. However, the
• Gemini Invs. III, L.P. v. Nunez
  78 So. 3d 94· Fla. 3d DCA· 2012-01-25 ·cited 10×
  Gemini Investors appealed the dismissal of fraud and securities act claims arising from their investment in DDU Express. The court reversed, holding that the complaint adequately pleaded fraudulent misrepresentation and securities act violations based on defendants' material omis
• The Shakespeare Found., Inc. v. Jackson
  61 So. 3d 1194· Fla. 1st DCA· 2011-05-09 ·cited 10×
  The court reversed a trial court's dismissal of a fraud claim on the basis of an arbitration clause in a real estate contract, holding that the plaintiffs' common-law fraud claim was not significantly related to the contract and therefore not subject to arbitration. The court als
• Jairo Addison v. Carballosa
  48 So. 3d 951· Fla. 3d DCA· 2010-12-01 ·cited 10×
  Jairo Addison sued defendants Joe and Jussara Carballosa for fraudulent inducement, claiming he was tricked into signing a Compensation Agreement instead of the Ownership Agreement they had previously discussed. The trial court granted summary judgment for the defendants, and the
• Vannessa van Vorgue v. Mara M. Rankin
  41 So. 3d 849· Fla.· 2010-04-01 ·cited 10×
  This case addresses whether a trial court properly denied a motion to release escrow funds held pending resolution of disputes between co-owners of a home sale. The Florida Supreme Court held that funds held pursuant to an escrow agreement are restricted funds and therefore trial
• Oglesbee v. Indymac Fin. Servs., Inc.
  675 F. Supp. 2d 1155· S.D. Fla.· 2009-12-18 ·cited 10×
  A contractual jury trial waiver is valid and enforceable if it is conspicuous, the parties have sufficient sophistication, there was an opportunity to negotiate, no gross bargaining disparity, and no impediment to retaining counsel, even if the underlying contract was fraudulentl
• Int'l Star Registry v. Omnipoint Mktg., LLC
  510 F. Supp. 2d 1015· S.D. Fla.· 2007-01-29 ·cited 10×
  The court held that claims for fraudulent inducement and tortious interference are barred by the economic loss rule, and the remaining breach of contract claim does not meet the amount in controversy requirement for diversity jurisdiction.
• Siegel v. Bettie I. Whitaker
  946 So. 2d 1079· Fla. 5th DCA· 2006-11-09 ·cited 10×
  In this marital settlement agreement dispute, the Fifth District Court of Appeal affirmed judgment for the former wife in her claim to a construction defect lawsuit against the contractors of the marital home. The court held that the former husband's transfer of all his "right, t
• Susan Fixel, Inc. v. Rosenthal & Rosenthal, Inc.
  921 So. 2d 43· Fla. 3d DCA· 2006-02-01 ·cited 10×
  Susan Fixel, Inc. appealed trial court rulings granting a directed verdict on breach of fiduciary duty and negligent misrepresentation claims, and summary judgment on a fraud in the inducement claim against its factor, Rosenthal & Rosenthal, Inc. The appellate court affirmed all
• Cibran Enters., Inc. v. BP Prods. N. Am., Inc.
  365 F. Supp. 2d 1241· S.D. Fla.· 2005-02-24 ·cited 10×
  The court held that the corporate plaintiff lacked standing to sue for breach of contract due to an invalid assignment, but granted leave to substitute the individual who should have brought the suit.
• PBF OF Fort Myers, Inc. v. D & K P'ship & Richard & Alison Ross
  890 So. 2d 384· Fla. 2d DCA· 2004-12-22 ·cited 10×
  PBF of Fort Myers, Inc., an administratively dissolved corporation, appealed the dismissal of its counterclaim against the Rosses. The court reversed, holding that an administratively dissolved corporation may pursue a counterclaim to wind up its business affairs when the cause o
• Noack v. Blue Cross & Blue Shield OF Fla., Inc.
  859 So. 2d 608· Fla. 1st DCA· 2003-11-26 ·cited 10×
  The summary judgment was improperly entered as to the fraud in the inducement and reformation claims because material issues of fact exist, but affirmed as to the antitrust claim.
• Florida Evergreen Foliage v. EI Du Pont De Nemours & Co.
  135 F. Supp. 2d 1271· S.D. Fla.· 2001-03-08 ·cited 10×
  The court held that Florida's absolute immunity for litigation conduct bars state law damage claims based on such conduct, and that Florida law applies to the tort claims.
• Nasad Azam v. M/I Schottenstein Homes, Inc.
  761 So. 2d 1195· Fla. 4th DCA· 2000-06-28 ·cited 10×
  Homeowners in a Florida subdivision appealed the dismissal of their fraud claim against their home developer, alleging the developer falsely represented that land near their homes would remain a natural preserve when the developer knew of plans to build a school there. The appell
• Milan Davich, Jr. v. Norman Bros. Nissan, Inc.
  739 So. 2d 138· Fla. 5th DCA· 1999-07-16 ·cited 10×
  Milan Davich purchased a new 1991 Nissan Sentra with acid rain damage to its paint that went undetected until after purchase. The trial court granted summary judgment dismissing his claims for rescission, FDUTPA violations, and fraud. The appellate court vacated the summary judgm
• Beck v. Dumas
  709 So. 2d 601· Fla. 4th DCA· 1998-04-08 ·cited 10×
  The trial court departed from the essential requirements of law by ordering disclosure of trade secrets without an evidentiary hearing or in camera inspection.
• Fla. Temps, Inc. v. Shannon Props., Inc.
  645 So. 2d 102· Fla. 2d DCA· 1994-11-09 ·cited 10×
  The court held that while the findings of lease breach and fraud were supported by the record, the damages award was improperly calculated and lacked specificity, requiring clarification and potential recalculation.
• In re Case v. Case
  937 F.2d 1014· 5th Cir.· 1991-08-09 ·cited 10×
  The court held that the bankruptcy court properly reopened the estate and adjudicated the dispute as a core proceeding, but erred in declaring sanctions non-dischargeable without proper procedure. Sanctions against an attorney for state court actions were also improper under § 19
• TMF Tool Co., Inc. v. Hans Muller
  913 F.2d 1185· 7th Cir.· 1990-08-16 ·cited 10×
  The court held that sanctions against TMF for improper service of process were an abuse of discretion because the service was not contrary to existing circuit law, and sanctions against Muller for his fee petitions were also an abuse of discretion as his amended petition addresse
• Q.I.P. Corp. v. Berger
  547 So. 2d 1286· Fla. 4th DCA· 1989-08-30 ·cited 10×
  Q.I.P. Corporation appeals the dismissal of its fraud counterclaim in a foreclosure action. The trial court dismissed the counterclaim for failure to state a cause of action, as a sanction for non-compliance with court orders, and for failure to prosecute. The Fourth District Cou
• United States v. Snelling
  862 F.2d 150· 8th Cir.· 1988-09-01 ·cited 10×
  The court held that there was sufficient evidence to support the jury's guilty verdict for inducing interstate transportation in aid of a scheme to defraud.
• Fed. Sav. & Loan Ins. Corp. for Sun Belt Fed. Bank v. Lafayette Inv. Props., Inc.
  855 F.2d 196· 5th Cir.· 1988-08-30 ·cited 10×
  Under the D'Oench, Duhme doctrine, Watkins is estopped from asserting fraud against FSLIC because his alleged oral agreement with the bank was not in writing.
• Location 100, Inc. v. Gould S.E.L. Computer Sys., Inc.
  517 So. 2d 700· Fla. 4th DCA· 1987-12-02 ·cited 10×
  Location 100, Inc. appealed a judgment denying specific performance for breach of a real estate purchase contract and orders awarding attorney's fees to the seller and broker. The court affirmed the denial of specific performance but reversed the attorney's fees awards, finding t
• Zickie Z. Maloley v. R.J. O'Brien & Assocs., Inc.
  819 F.2d 1435· 8th Cir.· 1987-05-19 ·cited 10×
  The court held that the Commodity Futures Trading Commission (CFTC) erred in dismissing the fraudulent inducement claim as time-barred, but correctly dismissed the fraudulent assurances claim as time-barred.
• Landau & Cleary, Ltd. v. Hribar Trucking, Inc.
  807 F.2d 91· 7th Cir.· 1986-12-03 ·cited 10×
  The court held that the district court's finding that monthly billings were not a condition precedent to payment under the oral agreement was not clearly erroneous, and affirmed the judgment on the contract claim.
• Gorman v. Se. Fid. Ins. Co.
  775 F.2d 655· 5th Cir.· 1985-11-05 ·cited 10×
  The court held that the insurer had an arguable reason to deny the claim, precluding punitive damages, because Mississippi law did not clearly require notice for a policy that expired due to non-payment and lack of renewal action by the insured.
• Perry v. Stewart Title Co.
  756 F.2d 1197· 5th Cir.· 1985-04-08 ·cited 10×
  The court held that the district court correctly granted judgments n.o.v. on claims arising from attempted rescission due to lack of damages evidence, but improperly granted directed verdicts on the Texas Debt Collection Act claim.
• Bellefonte RE Ins. Co. v. Argonaut Ins. Co.
  757 F.2d 523· 2d Cir.· 1985-03-18 ·cited 10×
  Settlement agreements, even if procured by fraud, bar claims for rescission based on that fraud, and covenants not to sue do not entitle a party to damages for good faith litigation testing the covenant's scope.
• Leasing Serv. Corp. v. River City Constr., Inc.
  743 F.2d 871· 11th Cir.· 1984-10-09 ·cited 10×
  The court held that the assignee was a holder in due course, the sale of repossessed equipment was commercially reasonable, and the lease was not a conditional sale, but modified the damages award by striking the award for breach of the purchase option.
• Rudner v. Cabrera
  455 So. 2d 1093· Fla. 5th DCA· 1984-09-13 ·cited 10×
  A defendant against whom a default has been entered cannot file a compulsory counterclaim in a separate action after their motion to set aside the default has been denied.
• Northland Cap. Corp. v. Silver
  735 F.2d 1421· D.C. Cir.· 1984-05-25 ·cited 10×
  The court held that a transaction where money was exchanged for a security, even if the underlying deal failed to close due to fraud, constitutes a 'purchase or sale' under Rule 10b-5.
• MA v. The Cmty. Bank
  686 F.2d 459· 7th Cir.· 1982-06-08 ·cited 10×
  The court held that the plaintiff was entitled to consequential damages in the form of a higher interest rate on the principal funds wrongfully withheld, but not for other speculative losses or attorneys' fees under Wisconsin law.
• Gurley v. Documation Inc.
  674 F.2d 253· 4th Cir.· 1982-03-22 ·cited 10×
  The court held that a plaintiff claiming fraudulent inducement to delay a securities sale lacks standing under § 10(b), but a claim for a sale made in reliance on prior misrepresentations is actionable. The court also held that Virginia's two-year blue sky law statute of limitati
• Brown v. Ivie
  661 F.2d 62· 5th Cir.· 1981-11-12 ·cited 10×
  The court held that a plaintiff's allegations of fraudulent inducement to sign a stock sale agreement, even in an internal corporate dispute, can state a claim under federal securities laws if the fraud is 'in connection with' the sale.
• Long Island Tr. Co. v. Dicker
  659 F.2d 641· 5th Cir.· 1981-10-19 ·cited 10×
  The court held that the Texas saving statute applies to actions dismissed for want of jurisdiction in a sister state's court, tolling the statute of limitations. It also held that the defense of fraudulent inducement based on oral misrepresentations is unavailable for a guaranty
• Great Am. Trading Corp. v. I.C.P. Cocoa, Inc.
  629 F.2d 1282· 7th Cir.· 1980-09-23 ·cited 10×
  The court held that the district court erred in denying GATC an evidentiary trial on the making of an arbitration agreement, as required by the United States Arbitration Act.