Fraudulent Inducement

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

• Ben Fred Perkins with Will Annexed of the Estate of T. O. Perkins v. Clinton State Bank
  593 F.2d 327· 8th Cir.· 1979-02-27 ·cited 10×
  The court held that the Bank's notice to its insurer was timely because 'discovery' of the loss did not occur until the Bank was served with the complaint, as the attorney's letter did not provide sufficient information to convert the Bank's understanding into knowledge of fraud.
• Stateside Mach. Co., Ltd. v. Alperin
  591 F.2d 234· 3d Cir.· 1979-01-15 ·cited 10×
  The court held that a broad arbitration clause covers claims of fraud in the inducement of the contract, and that service of process under the Pennsylvania long-arm statute was proper even though the mail was returned unclaimed.
• In re Paragon Sec. Co. v. Louis S. Cohen in Bankruptcy of Paragon Securities
  589 F.2d 1240· 3d Cir.· 1978-12-20 ·cited 10×
  The court held that the appellant failed to prove fraud by clear and convincing evidence, either in the inducement of the contract or in the acceptance of payment, and therefore was not entitled to reclaim money paid to the bankrupt estate.
• Centronics Fin. Corp. v. EL Conquistador Hotel Corp.
  573 F.2d 779· 2d Cir.· 1978-04-05 ·cited 10×
  The court held that summary judgment was improper because a claim of fraud in the inducement, even if it contradicts a written contract, can be a valid defense under New York law and raises factual issues for trial.
• George Hunt, Inc. v. Wash-Bowl, Inc.
  348 So. 2d 910· Fla. 2d DCA· 1977-07-08 ·cited 10×
  George Hunt, Inc. sued Wash-Bowl, Inc. for breach of a construction contract worth $23,621.28. The trial court instructed the jury on the fraud-in-the-inducement defense and rendered a verdict for the defendant. The appellate court reversed, holding that the defendant failed to p
• United States v. Lowell
  557 F.2d 70· 6th Cir.· 1977-06-07 ·cited 10×
  The court held that Michigan's law of coverture does not apply to a loan made by the SBA, and therefore, the United States can execute on the separate property of Mrs. Lowell. The court also held that a guaranty signed after the principal contract is valid without new considerati
• Glazer v. Nat'l Commodity Research & Statistical Serv., Inc.
  547 F.2d 392· 7th Cir.· 1977-01-07 ·cited 10×
  The court held that commodity options, as described, are not securities under the Securities Act of 1933 and the Securities Exchange Act of 1934, even if fraudulently induced.
• Laupheimer v. McDONNELL & Co., Inc.
  500 F.2d 21· 2d Cir.· 1974-07-05 ·cited 10×
  A party induced to join a brokerage firm and purchase its stock through fraudulent representations, before becoming an officer or member of an exchange, is not required to arbitrate claims arising from that fraud, even if the stock purchase was consummated after becoming an offic
• Watson v. Chase Chem. Corp.
  249 So. 2d 53· Fla. 1st DCA· 1971-06-10 ·cited 10×
  Watson, a distributor of Chase Chemical's product, sued for damages based on alleged fraudulent inducement to enter a distribution contract containing an arbitration clause. The court affirmed dismissal of Watson's complaint, holding that by suing for breach of contract damages r
• E. Gadsden Bank v. United States Fid. & Guar. Co.
  415 F.2d 357· 5th Cir.· 1969-08-19 ·cited 10×
  The court held that the loss sustained by the bank was excluded by the loan-exclusion provision of the banker's blanket bond, even if it otherwise fell within the 'larceny' coverage provision.
• Howard v. SUN OIL Co.
  404 F.2d 596· 5th Cir.· 1968-12-03 ·cited 10×
• Houston Oilers, Inc. v. Neely
  361 F.2d 36· 10th Cir.· 1966-05-18 ·cited 10×
  The court held that the undisputed facts disclose a valid and enforceable contract between Neely and Houston, reversing the trial court's denial of relief.
• Owen v. Schwartz
  177 F.2d 641· D.C. Cir.· 1949-09-26 ·cited 10×
  A contract provision stating that only written terms are binding does not preclude a defrauded purchaser from rescinding the contract based on an agent's fraudulent oral misrepresentations.
• Yoder v. Nu-Enamel Corp.
  145 F.2d 420· 8th Cir.· 1944-11-02 ·cited 10×
  The court held that Nebraska law permits recovery of special damages for fraud in a business sale, and the statute of limitations was tolled during the period plaintiffs were prevented from suing by a prior federal court decision.
• COX v. Pabst Brewing Co.
  128 F.2d 468· 10th Cir.· 1942-05-18 ·cited 10×
  The court held that the plaintiff's negligence in failing to read the written contracts, coupled with the agent's lack of actual or apparent authority to bind the principal to the oral agreement, barred reformation.
• Holmes v. Fla. A & M Univ.
  260 So. 3d 400· Fla. 1st DCA· 2018-11-27 ·cited 9×
  Two former head coaches at Florida A&M University challenged summary judgments in their breach of contract suits after FAMU terminated their employment agreements without cause before their specified end dates. The appellate court reversed, finding that ambiguities in the contrac
• Frieri v. Cap. Inv. Servs., Inc.
  194 So. 3d 451· Fla. 3d DCA· 2016-05-18 ·cited 9×
  In this breach of contract dispute, the Florida Third District Court of Appeal affirmed a jury verdict in favor of Salvatore Frieri against defendants Escobio and Southern Trust Securities for $7,869,222, and upheld a directed verdict in favor of Capital Investment Services. The
• Bull Motors, LLC. v. Brown
  152 So. 3d 32· Fla. 3d DCA· 2014-11-05 ·cited 9×
  The court held that a permanent mandatory injunction was improperly entered without an evidentiary hearing and was overly broad, exceeding the scope of relief sought.
• ATP Flight Sch., LLC v. SAX
  44 So. 3d 248· Fla. 4th DCA· 2010-10-06 ·cited 9×
  ATP Flight School appealed a trial court's denial of its motion to compel arbitration in a wrongful death action arising from a fatal plane crash during flight training. The Fourth District Court of Appeal reversed, holding that the trial court erred in deciding unconscionability
• Apr Energy, LLC v. Pakistan Power Res., LLC
  653 F. Supp. 2d 1227· M.D. Fla.· 2009-08-28 ·cited 9×
  The court adopted the Magistrate Judge's Report and Recommendation, denying the motion to dismiss Counts I, II, and III, and granting the motion to dismiss Counts VI and VII.
• Jacoboni v. KPMG LLP
  314 F. Supp. 2d 1172· M.D. Fla.· 2004-03-11 ·cited 9×
  The Private Securities Litigation Reform Act (PSLRA) bars the entire Racketeer Influenced and Corrupt Organizations Act (RICO) claim because all alleged predicate acts were in connection with the purchase or sale of securities. The court also declined to exercise supplemental jur
• In re Managed Care Litigation
  150 F. Supp. 2d 1330· S.D. Fla.· 2001-06-20 ·cited 9×
  The court held that plaintiffs sufficiently alleged RICO claims to survive a motion to dismiss, but dismissed ERISA claims for failure to exhaust administrative remedies and RICO claims for failure to plead predicate acts with particularity, except for specific plaintiffs.
• Amoco Oil Co. v. Gomez
  125 F. Supp. 2d 492· S.D. Fla.· 2000-12-19 ·cited 9×
  The court denied Amoco's motion for summary judgment on its breach of contract claims, finding genuine issues of material fact regarding Gomez's affirmative defenses. The court granted in part Amoco's motion for summary judgment on Gomez's counterclaims, rejecting the duress and
• Soraya Ghodrati v. Miami Paneling Corp.
  770 So. 2d 181· Fla. 3d DCA· 2000-09-20 ·cited 9×
  The court held that punitive damages are not recoverable for breach of contract when the tort damages sought are identical to the contract damages awarded, and that attorney's fees under the Deceptive and Unfair Trade Practices Act require a favorable judgment for the party seeki
• Lakes OF THE Meadow Vill. Homes Condo. NOS. ONE v. Arvida/JMB P'rs, L.P.
  714 So. 2d 1120· Fla. 3d DCA· 1998-07-15 ·cited 9×
  Nine condominium maintenance associations appealed summary judgment entered in favor of a developer on the basis of general releases executed by eight of the associations. The court reversed, holding that summary judgment was improper because material questions of fact existed re
• Spano v. Spano
  698 So. 2d 324· Fla. 4th DCA· 1997-08-06 ·cited 9×
  A former husband appeals an award of attorney's fees to his former wife after she unsuccessfully sought to set aside their property settlement agreement (PSA). The court reverses, holding that a rule 1.540 proceeding to vacate a consent judgment on property division does not aris
• Velva Dewachter v. Michaela G. Scott, M.D.
  657 So. 2d 962· Fla. 4th DCA· 1995-07-19 ·cited 9×
  Velva Dewachter appealed a summary judgment dismissing her fraud claim against her former employer, Dr. Michaela Scott, for allegedly inducing her into an oral employment contract promising lifetime or age-65 employment. The court affirmed the dismissal, holding that claims based
• Airport Plaza Ltd. P'ship v. United Nat'l Bank OF Miami
  611 So. 2d 1256· Fla. 3d DCA· 1992-09-01 ·cited 9×
  The trial court's finding of no fraud was affirmed because Airport Plaza failed to prove material misrepresentations by the seller and any alleged losses were caused by an unexpected commercial real estate market collapse, not by seller fraud.
• Sink v. Abitibi-Price Sales Corp.
  602 So. 2d 1313· Fla. 4th DCA· 1992-07-01 ·cited 9×
  Stephan Sink, former president of a division of Abitibi-Price Sales Corporation, sued for breach of contract after the company stopped payment on his severance check. The Fourth District Court of Appeal reversed the trial court, holding that a March 26, 1990 termination letter co
• Moses v. Bus. Card Express, Inc.
  929 F.2d 1131· 6th Cir.· 1991-04-08 ·cited 9×
  The court held that a forum selection clause is prima facie valid and enforceable unless shown to be unreasonable, and that general allegations of fraud do not invalidate such clauses or choice of law provisions.
• Intercorp, Inc. v. Pennzoil Co.
  877 F.2d 1524· 11th Cir.· 1989-07-25 ·cited 9×
  The court held that the district court erred by submitting the issue of contract integration to the jury, rather than making a preliminary determination as required by the parol evidence rule.
• White v. Allstate Ins. Co.
  530 So. 2d 967· Fla. 1st DCA· 1988-08-08 ·cited 9×
  The Whites appealed a summary judgment in favor of Allstate Insurance after rejecting uninsured motorist coverage on an insurance application form. The court affirmed, holding that Florida Statute § 627.727 creates a conclusive presumption that signing an approved rejection form
• Paulson v. Greyhound Lines, Inc.
  804 F.2d 506· 8th Cir.· 1986-11-07 ·cited 9×
  A carrier's published tariff, incorporated by law into shipping contracts, overrides any purported contractual promises or tortious misrepresentations by its agents regarding delivery times.
• Gen. Motors Acceptance Corp. v. Marlar
  761 F.2d 1517· 11th Cir.· 1985-06-04 ·cited 9×
  The court affirmed the directed verdict for GMAC on the foreclosure claim, finding affirmative defenses barred by the parol evidence rule, and affirmed the jury's award on the counterclaim, finding GMAC could be liable under the Automobile Dealers Day in Court Act.
• Parham v. E. BAY Raceway & K & K Ins. Agency
  442 So. 2d 399· Fla. 2d DCA· 1983-12-16 ·cited 9×
  The appellate court reversed a summary judgment for the racetrack, finding that genuine issues of material fact existed regarding whether the plaintiff was fraudulently induced not to read a liability release form. The case highlights that an opportunity to read a contract is not
• Transitron Elec. Corp. v. Hughes Aircraft Co.
  649 F.2d 871· 1st Cir.· 1981-04-15 ·cited 9×
  A patent licensee cannot recover royalties paid prior to invalidation of the patent unless they prove they were induced to accept the license through the licensor's fraud in the licensing transaction itself.
• Dickinson v. Auto Ctr. Mfg. Co.
  594 F.2d 523· 5th Cir.· 1979-05-07 ·cited 9×
  The court held that a directed verdict was proper for the fraud claim and the May 1972 oral employment contract due to the Statute of Frauds, but erred in directing a verdict for the March 27, 1973 oral stock agreement, remanding that issue for trial.
• Goodie Ryskind v. Robinson
  302 So. 2d 427· Fla. 4th DCA· 1974-10-31 ·cited 9×
  The appellate court reversed a portion of a summary judgment, finding that the appellant's affirmative defenses of fraud should have been considered at trial rather than disposed of in a summary proceeding. The court held that homestead property cannot be used to shield against f
• Normandy Beach Props. Corp. & Lewis Twyman v. Adams
  126 Fla. 844· Fla.· 1937-01-13 ·cited 9×
  In this appeal from dismissal motions, the Florida Supreme Court considers whether a second amended bill of complaint in an equity action alleges sufficient facts to support rescission of an optional real estate contract. The Court affirms the denial of dismissal motions, holding
• Dziegielewski v. Scalero
  352 So. 3d 931· Fla. 5th DCA· 2022-12-09 ·cited 8×
  A real estate agent's affirmative oral representations that a buyer would receive exclusive use of three garage spaces, made after the agent was notified the association claimed only one space was conveyed, sufficiently alleged fraudulent inducement and negligent misrepresentatio
• Team Richco, LLC v. Rapid Sec. Solutions, LLC
  290 So. 3d 629· Fla. 2d DCA· 2020-02-07 ·cited 8×
  The appellate court treated an appeal of a partial summary judgment as a petition for a writ of certiorari. The court granted the petition, quashing the partial summary judgment because it was not a final order and allowed for execution while other counts remained pending, causin
• Gold Crown Resort Mktg. Inc. v. Phillpotts
  272 So. 3d 789· Fla. 5th DCA· 2019-04-29 ·cited 8×
  The appellate court reversed the trial court's order denying Gold Crown's motion to dismiss for improper venue, finding that the forum selection clauses in the membership agreements were ambiguous and therefore not mandatory.
• Duncan v. Thalia Tatham Brickman
  233 So. 3d 477· Fla. 2d DCA· 2017-10-25 ·cited 8×
  Father David Duncan appeals a contempt order that modified his timesharing with his minor child as a sanction for alleged violations of a temporary custody order. The Florida appellate court reversed, holding that a trial court cannot modify custody as a sanction for contempt and
• Transcapital Bank v. Shadowbrook AT Vero, LLC
  226 So. 3d 856· Fla. 4th DCA· 2017-07-26 ·cited 8×
  The Fourth District Court of Appeal reversed a trial court's grant of a new trial and directed entry of judgment in favor of the seller (Transcapital Bank) on the buyer's fraud and conversion/civil theft claims. The court held that under the doctrine of caveat emptor applicable t
• SAP Am., Inc. v. Royal Flowers, Inc.
  187 So. 3d 946· Fla. 3d DCA· 2016-03-23 ·cited 8×
  The appellate court denied SAP America's petition to quash an order allowing Royal Flowers to amend its complaint to seek punitive damages. The court held that while it has certiorari jurisdiction to review procedural compliance for punitive damages claims, it cannot review the s
• Norman v. Jack "Jackson" Padgett
  125 So. 3d 977· Fla. 4th DCA· 2013-06-19 ·cited 8×
  Terry Norman appealed from summary judgment against his breach of contract claim and from a judgment in favor of buyers on their fraud counterclaim arising from the sale of business shares. The court affirmed the summary judgment on the breach of contract claim but reversed the f
• Lower Fees, Inc. v. Bankrate, Inc.
  74 So. 3d 517· Fla. 4th DCA· 2011-10-19 ·cited 8×
  Lower Fees appeals dismissal of its fraud in the inducement claim against Bankrate, asserting that a "no-reliance" clause in an asset purchase agreement does not bar rescission based on fraudulent inducement. The court reverses, holding that under Florida law, a contract provisio
• Koens v. Royal Caribbean Cruises, Ltd.
  774 F. Supp. 2d 1215· S.D. Fla.· 2011-03-25 ·cited 8×
  The court held that the plaintiffs failed to state a claim for negligence, misleading advertising, negligent misrepresentation, apparent agency, actual agency, breach of third-party beneficiary contract, or negligent infliction of emotional distress, granting the defendant's moti
• TRG Night Hawk Ltd. v. Registry Dev. Corp.
  17 So. 3d 782· Fla. 2d DCA· 2009-08-12 ·cited 8×
  TRG appealed a judgment awarding the Buyer damages for negligent misrepresentation and FDUTPA violations arising from the sale of undeveloped land. The court reversed, holding that the Buyer could not justifiably rely on alleged oral misrepresentations because the written contrac
• BNP Paribas v. Wynne
  967 So. 2d 1065· Fla. 4th DCA· 2007-11-07 ·cited 8×
  BNP Paribas sought review of an order compelling its vice president to answer questions allegedly protected by attorney-client privilege in a garnishment dispute. The trial court invoked the crime-fraud exception to abrogate the privilege without conducting a proper evidentiary h