Fraudulent Inducement

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

• Levenger Co. v. Feldman
  516 F. Supp. 2d 1272· S.D. Fla.· 2007-09-21 ·cited 8×
  Levenger Company sought declarations of patent invalidity and unenforceability against patents held by Jack and Shirley Feldman relating to disk-bound notebooks, and claimed trade dress infringement and misappropriation of trade secrets. The Feldmans counterclaimed for patent inf
• Leahy v. Batmasian
  960 So. 2d 14· Fla. 4th DCA· 2007-05-02 ·cited 8×
  In this landlord-tenant dispute, the appellate court affirmed summary judgment for the landlord, holding that a tenant's second lawsuit for wrongful eviction was barred by res judicata because it involved the same breach of contract claim and damages that could and should have be
• Langford v. Paravant, Inc.
  912 So. 2d 359· Fla. 5th DCA· 2005-10-07 ·cited 8×
  William Langford, a retired Army Colonel recruited by Paravant to help secure a military subcontract, was fired shortly after Paravant won a $300 million TRW subcontract and denied promised sales commissions. The court reversed summary judgment on the breach of contract claim, fi
• Pier Point Developers, L.L.C. v. Whitelaw
  912 So. 2d 18· Fla. 4th DCA· 2005-04-27 ·cited 8×
  Pier Point Developers challenged a trial court's order transferring venue to Lee County in a breach of contract dispute with a model builder. The Fourth District Court of Appeal reversed and remanded, holding that the FOB term in the contract did not automatically establish venue
• J.R.D. Mgmt. Corp. v. Dulin
  883 So. 2d 314· Fla. 4th DCA· 2004-08-25 ·cited 8×
  An at-will employee sued her employer for breach of an employment contract and fraud in the inducement. The court upheld a jury verdict awarding damages for breach of a severance pay clause and fraud, holding that severance pay provisions can be enforced independently of the unde
• Rodriguez v. Tombrink Enters., Inc.
  870 So. 2d 117· Fla. 2d DCA· 2003-12-03 ·cited 8×
  The Rodriguezes purchased property from Tombrink Enterprises and claimed Tombrink's agent made oral promises that adjacent parcels would not allow mobile homes. The trial court granted summary judgment for Tombrink on both breach of oral contract and fraudulent misrepresentation
• Meyers v. The Club AT Crystal Beach Club, Inc.
  826 So. 2d 1086· Fla. 5th DCA· 2002-10-04 ·cited 8×
  Neil Meyers and his son Jared appealed a trial court's denial of their motion to dissolve a temporary injunction and the vacation of a stipulation in a corporate dispute involving timeshare companies. The Florida Fifth District Court of Appeal affirmed both orders, finding no abu
• Mortellite v. Am. Tower, L.P.
  819 So. 2d 928· Fla. 2d DCA· 2002-06-21 ·cited 8×
  John Mortellite challenges judgments in consolidated fraud and fiduciary duty cases arising from his sale of a 10% stake in a cellular tower company. The trial court found the majority shareholder breached his fiduciary duty by concealing a $96+ million acquisition offer but awar
• First Nat'l Bank & Tr. Co. OF the Treas. Coast v. Pack
  789 So. 2d 411· Fla. 4th DCA· 2001-06-13 ·cited 8×
  A fiduciary duty can arise between a bank and its customer when the customer places trust and confidence in the bank, and the bank accepts that trust, especially when the bank undertakes extra services or special circumstances exist.
• Caufield v. Gino Cantele and Armando Cantele
  745 So. 2d 431· Fla. 5th DCA· 1999-11-05 ·cited 8×
  The Caufields appealed denial of their motion for attorney's fees after the Cánteles voluntarily dismissed their lawsuit against them. The court affirmed the trial court's denial, holding that the Caufields failed to adequately plead their right to attorney's fees and that the to
• J Square Enters. v. Regner
  734 So. 2d 565· Fla. 5th DCA· 1999-06-04 ·cited 8×
  J Square Enterprises appealed the dismissal of its breach of contract and fraud claims against a bank that allegedly induced it to pay a third-party judgment by promising to reschedule a foreclosure sale, then failed to cancel the sale as promised. The court held that full perfor
• Roger v. Barth
  705 So. 2d 72· Fla. 3d DCA· 1997-12-31 ·cited 8×
  Roger V. Barth appealed from an adverse final judgment in a commercial dispute with Victor M. Khubani and related entities. The Third District Court of Appeal reversed the directed verdict on the fraud count, finding sufficient evidence of prima facie fraud and holding that fraud
• Brinker v. W.P. McDEVITT & Assocs., Inc.
  693 So. 2d 712· Fla. 4th DCA· 1997-05-21 ·cited 8×
  Court affirmed dismissal of breach of contract claims but reversed dismissal of fraud in the inducement claims, holding that allegations of fraudulent inducement to enter an employment contract and retain a book of business stated a viable claim.
• Musiker v. Projectavision, Inc.
  960 F. Supp. 292· S.D. Fla.· 1997-03-25 ·cited 8×
  The court held that it lacked personal jurisdiction over the defendants because their alleged activities did not satisfy the requirements of Florida's long-arm statute.
• Brugiere v. Credit Commerciale France
  679 So. 2d 875· Fla. 1st DCA· 1996-09-20 ·cited 8×
  Brugiere and Vallin appealed summary judgment dismissing their fraud claims against Credit Commerciale France and others based on statute of limitations grounds. The Florida appellate court reversed summary judgment on the fraud claims, finding genuine issues of material fact rem
• Cnty. of Brevard v. Miorelli Eng'g, Inc.
  677 So. 2d 32· Fla. 5th DCA· 1996-06-28 ·cited 8×
  The Eleventh Circuit lacked jurisdiction to review the denial of the county commission's summary judgment motion at the interlocutory stage, as it did not qualify as a collateral order and pendent appellate jurisdiction was not appropriate.
• Hjortaas v. McCABE
  656 So. 2d 168· Fla. 2d DCA· 1995-04-07 ·cited 8×
  A former wife appealed a dissolution of marriage judgment that enforced a prenuptial agreement, arguing it was invalid due to inadequate financial disclosure, duress, and inequitable terms. The appellate court reversed, finding the husband's disclosure of assets was legally insuf
• James v. Nationsbank Tr. Co. (Florida) Nat'l Assoc.
  639 So. 2d 1031· Fla. 5th DCA· 1994-07-08 ·cited 8×
  Homebuyers who purchased properties from General Development Corp. (GDC) financed through GDC's subsidiary challenged foreclosure actions by Nationsbank, which had purchased their notes and mortgages on the secondary market. The court affirmed dismissal of most counterclaims and
• Morris v. Commodity Futures Trading Comm'n
  980 F.2d 1289· 9th Cir.· 1992-12-04 ·cited 8×
  The court affirmed the CFTC's ruling, finding that the petitioner failed to establish fraudulent inducement due to waiver and failed to prove churning because he maintained control over his account.
• In re The Receivership of Int'l Forum OF Fla. Health Benefit Tr. v. S. Broward Hosp. Dist.
  607 So. 2d 432· Fla. 1st DCA· 1992-09-17 ·cited 8×
  This case involves the collapse of International Forum of Florida Health Benefit Trust (IFF), a multiple-employer welfare arrangement (MEWA), and addresses whether employer-participants can be assessed to pay unpaid health care claims. The court affirmed most aspects of the lower
• Gentile v. Rodriguez
  583 So. 2d 382· Fla. 3d DCA· 1991-07-23 ·cited 8×
  Gentile appealed the dismissal of her fourth amended complaint against three defendants. The court affirmed dismissal of claims against Rodriguez and Kavulich but reversed dismissal of the legal malpractice claim against her own attorney Quinones, finding it adequately alleged al
• Pieter Bakker v. First Fed. Sav. & Loan Ass'n OF Hammonton
  575 So. 2d 222· Fla. 3d DCA· 1991-01-15 ·cited 8×
  The Bakkers appealed to enforce a prior appellate mandate, arguing that the trial court erred in allowing First Federal to file a new motion for partial summary judgment on remand. The court held that successive motions for summary judgment are permissible and that the trial cour
• Schubot v. McDonalds Corp.
  757 F. Supp. 1351· S.D. Fla.· 1990-12-26 ·cited 8×
  The court held that plaintiffs' claims of fraud, statutory violations, breach of contract, and tortious interference failed because the written agreements contained release and disclaimer clauses that superseded any prior oral representations, and because plaintiffs lacked a lega
• Gevertz v. Gevertz
  566 So. 2d 541· Fla. 3d DCA· 1990-08-07 ·cited 8×
  The court held that the evidence did not support the trial court's finding that the funds were a gift, and that the mortgage and note were therefore not void. Laches did not bar foreclosure.
• Fin. Timing Publ'ns, Inc. v. Compugraphic Corp.
  893 F.2d 936· 8th Cir.· 1990-01-09 ·cited 8×
  The court held that procedural removal requirements are waivable, and the plaintiff waived objections to the timeliness of the removal petition. The court also held that a contractual limitations period does not bar a fraud in the inducement claim if the contract language does no
• Templin v. Weisgram
  867 F.2d 240· 5th Cir.· 1989-03-08 ·cited 8×
  The court held that the FDIC is protected by 12 U.S.C. § 1823(e) from a borrower's claim that a deed of trust is void under state law, when that claim relies on an undisclosed side agreement.
• Simmons v. Trinity Indus. & Emp'r's Cas. Co. & Porter Plastics & Rockwood Ins. Co.
  528 So. 2d 1337· Fla. 1st DCA· 1988-08-04 ·cited 8×
  A workers' compensation appeal involving a back injury sustained during initial employment with Trinity Industries in February 1986, followed by a subsequent injury at Porter Plastics in May 1986. The court affirmed the denial of benefits against Trinity but reversed the denial a
• Spitz v. Prudential-Bache Sec., Inc.
  502 So. 2d 479· Fla. 4th DCA· 1987-01-28 ·cited 8×
  Retirees who invested in a limited partnership through Prudential-Bache sought to avoid arbitration, claiming the arbitration clause was fraudulently induced through misrepresentations about New York Stock Exchange requirements. The court reversed the trial court's order compelli
• Kelley v. Int'l Bhd. OF Elec. Workers
  803 F.2d 516· 9th Cir.· 1986-10-27 ·cited 8×
  The court held that the plaintiffs' claims were untimely or failed to state a cause of action, and affirmed the district court's grant of summary judgment.
• Bold v. Simpson
  802 F.2d 314· 8th Cir.· 1986-10-01 ·cited 8×
  The court held that the jury instruction on legal malpractice was erroneous because it did not adequately address the disputed issue of whether the attorney represented the client on securities matters, requiring a new trial on that claim. The court also held that damages for fra
• Operating Eng'rs Pension Tr. v. Giorgi
  788 F.2d 620· 9th Cir.· 1986-04-28 ·cited 8×
  The court's interpretation of LMRA section 302(c)(5) requires written trust agreements and prohibits oral modifications, even if based on fraud.
• Datamatic Servs. Corp. v. Bescos
  484 So. 2d 1351· Fla. 2d DCA· 1986-03-12 ·cited 8×
  Datamatic Services Corporation appeals the dismissal of its suit against California resident Paul Bescos for nonpayment of a promissory note. The trial court rejected a contractual choice of forum clause (Article XV) selecting Florida courts as unenforceable. The Second District
• Sw. Administrators, Inc. v. Lopez
  781 F.2d 1378· 9th Cir.· 1986-03-04 ·cited 8×
  The court held that the appeal must be dismissed because the appellant failed to provide a trial transcript, which is necessary for reviewing mixed questions of fact and law.
• Cheek v. McGOWAN Elec. Supply Co.
  483 So. 2d 1373· Fla. 1st DCA· 1985-08-20 ·cited 8×
  Alan Cheek guaranteed Thomas Cook's credit account with McGowan Electric Supply Co. to allow Cook to work on Cheek's construction jobs. When Cook made charges to the account for materials not used in Cheek's jobs, both parties bore some responsibility for the improper charges. Th
• Turner v. Burlington N. R.R. Co.
  771 F.2d 341· 8th Cir.· 1985-08-15 ·cited 8×
  The court held that the district court did not err in granting a jury trial on the counterclaim for specific performance of a settlement agreement in a FELA case, but committed reversible error in instructing the jury that the defendant railroad had the burden of proving the atto
• N. OIL Co., Inc. v. Standard OIL Co. OF Cal. & Chevron U.S.A. Inc.
  761 F.2d 699· Temp. Emer. Ct. App.· 1985-03-18 ·cited 8×
  The court held that a release barring future violations of regulations is void as against public policy.
• Hull v. Norcom, Inc.
  750 F.2d 1547· 11th Cir.· 1985-01-24 ·cited 8×
  The dissenting judge believes the arbitration clause should be enforced, arguing that a proper interpretation of the contract under New York law would not render the arbitration clause invalid due to lack of mutuality.
• George v. United Ky. Bank, Inc.
  753 F.2d 50· 6th Cir.· 1985-01-22 ·cited 8×
  The court held that a state court's judgment, which found no fraud by the bank, collaterally estopped the plaintiffs from pursuing a RICO claim based on fraud in the inducement, as the state court refused to allow amendment for that specific claim. The court also affirmed the dis
• Ervin v. Wilkinson
  701 F.2d 59· 7th Cir.· 1983-01-13 ·cited 8×
  The court held that the district court abused its discretion by denying the Rule 60(b) motion without a hearing, as Ervin's undenied allegations of misrepresentation and breach of contract warranted further consideration.
• Fern E. Kalb v. Int'l Resorts, Inc.
  396 So. 2d 199· Fla. 2d DCA· 1981-02-11 ·cited 8×
  International Resorts sued Fern Kalb for fraudulently inducing it to purchase her motel by misrepresenting its 1976 gross income as $150,000 when it was actually $97,565. A jury awarded Resorts $250,000 in damages, but the appellate court reversed the damages award and remanded f
• Veiock v. Veiock
  391 So. 2d 793· Fla. 1st DCA· 1980-12-31 ·cited 8×
  The court held that the trial court erred in setting aside the parties' agreements because the husband failed to plead their unenforceability as a defense and did not prove they were illegal or invalid.
• Ford Motor Credit Co. v. Milburn
  615 F.2d 892· 10th Cir.· 1980-02-08 ·cited 8×
  The court held that the trial court erred in denying judgment notwithstanding the verdict against Jane Milburn because her attorney-client relationship with the closing attorney precluded a fraud in the inducement defense. The court also held that the jury could not find for the
• Cooley v. Cody
  377 So. 2d 796· Fla. 1st DCA· 1979-12-11 ·cited 8×
  In this declaratory relief action challenging the validity of property deeds on grounds of incompetency and undue influence, the appellate court reversed the trial court's decision to submit the entire matter to a jury, holding that issues traditionally within the province of equ
• McMAHON v. Meredith Corp.
  595 F.2d 433· 8th Cir.· 1979-04-02 ·cited 8×
  The court held that the author's failure to inquire about potential buyers of the publisher's division, despite knowing a sale was imminent, meant he was on constructive notice, negating the publisher's duty to disclose negotiations.
• Poneleit v. Reksmad, Inc.
  346 So. 2d 615· Fla. 2d DCA· 1977-05-27 ·cited 8×
  Appellant purchased a ladies' ready-to-wear business based on fraudulently inflated financial statements provided by the seller. After discovering the actual sales figures were substantially lower than represented, appellant sued for fraud and won $8,000 in damages while successf
• Int'l Bus. Machs. Corp. v. Catamore Enters., Inc.
  548 F.2d 1065· 1st Cir.· 1976-09-30 ·cited 8×
  The court held that the one-year limitation of liability clause in the Systems Engineering Services (SES) agreement barred Catamore's contract claims for breach of two oral agreements, as the Service Estimates incorporated the SES terms.
• Synthetic Env't Dev. Corp. v. Sussman
  275 So. 2d 291· Fla. 3d DCA· 1973-03-13 ·cited 8×
  Synthetic Environmental Development Corp. and its president Robert Procup appealed from an order denying their motion to vacate a default judgment entered against them for failure to appear at a court-ordered deposition. The court affirmed the denial, holding that the defendants
• Sw. E & T Suppliers, Inc. v. Am. Enka Corp.
  463 F.2d 1165· 5th Cir.· 1972-07-21 ·cited 8×
  The court held that the settlement agreement was valid and enforceable, and that Southwest's claims were barred by prior litigation and settlement.
• Chalfant v. Laird
  420 F.2d 945· 9th Cir.· 1969-12-24 ·cited 8×
  The court held that the enlistment contract was valid and not induced by fraud, and the trial court's findings were not clearly erroneous.
• Reg'l Enters., Inc. v. Teachers Ins. & Annuity Ass'n OF Am.
  352 F.2d 768· 9th Cir.· 1965-10-26 ·cited 8×
  The court held that the inter-office memorandum and cover letter did not constitute a repudiation or imposition of impossible conditions, and thus the deposit was forfeitable under the contract.