Fraudulent Inducement

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

• Bartlett & Co. v. The Merchs. Co.
  323 F.2d 501· 5th Cir.· 1963-10-03 ·cited 8×
  The court held that an origin inspection certificate is generally conclusive unless impeached by fraud, bad faith, or gross mistake amounting to fraud, and that the buyer's right to reject is limited by the contract's terms.
• Lewis v. Lowry
  322 F.2d 453· 4th Cir.· 1963-09-17 ·cited 8×
• Isidore Weisman v. Ada Weisman
  141 So. 2d 622· Fla. 3d DCA· 1962-05-29 ·cited 8×
  In this divorce appeal, a husband challenged a decree dividing marital property, arguing his wife fraudulently induced him to transfer real property to her by falsely promising reconciliation. The Florida appellate court affirmed the trial court's finding that fraud was not prove
• Anderson v. Collins
  111 So. 2d 44· Fla. 2d DCA· 1959-04-17 ·cited 8×
  Appellants sought to void the sale of sovereignty lands in Boca Ciega Bay by the Trustees of the Internal Improvement Fund, claiming fraudulent misrepresentation regarding upland ownership and abuse of discretion. The court affirmed the dismissal and summary judgment, holding tha
• Coy C. Goodrich v. England
  262 F.2d 298· 9th Cir.· 1958-11-05 ·cited 8×
  The court held that the district court properly asserted jurisdiction over the appellant individually and did not err in refusing to dismiss the arrangement proceedings, but remanded for a redetermination of whether bankruptcy or dismissal was in the creditors' best interests.
• Bishop v. Bishop
  257 F.2d 495· 3d Cir.· 1958-05-01 ·cited 8×
  The court held that the clean hands doctrine was improperly applied and that a trust deed lacking essential terms and a named beneficiary should fail, allowing the settlor to reclaim her property.
• Rae E. Helms v. Duckworth
  249 F.2d 482· D.C. Cir.· 1957-09-19 ·cited 8×
  The court held that the defendant's undisclosed fixed intent not to renegotiate the stock purchase price, despite a contractual provision for periodic adjustment and a fiduciary relationship, constituted a breach of fiduciary duty warranting cancellation of the agreement.
• Judd v. Wasie
  211 F.2d 826· 8th Cir.· 1954-04-15 ·cited 8×
  The employee's acceptance of bonus payments and salary during illness, coupled with a discharge for cause, barred claims for unpaid bonuses due to waiver and release provisions.
• Lewinson v. Frumkes
  64 So. 2d 321· Fla.· 1952-10-17 ·cited 8×
  Lewinson, a holder in due course of promissory notes, sued Frumkes as the maker. Frumkes argued she was free from negligence because she signed blank papers at another's request. The Florida Supreme Court reversed the trial court's summary judgment, holding that the defense of ne
• Cooper v. Josephine Hamill Cooper (Alias J. H. Cooper)
  120 Fla. 607· Fla.· 1935-07-25 ·cited 8×
  In this 1935 Florida Supreme Court case, a husband's counterclaim for fraud and property recovery was upheld against a wife's divorce suit. The court found that the wife fraudulently induced the husband into marriage to steal his stock certificates, and the court reversed the tri
• Bedgood v. Wyndham Vacation Resorts, Inc.
  88 F.4th 1355· 11th Cir.· 2023-12-19 ·cited 7×
  The Eleventh Circuit held that a party's failure to comply with the rules of its chosen arbitral forum renders the remedies specified in Sections 3 and 4 of the Federal Arbitration Act unavailable, allowing plaintiffs to proceed to litigation.
• Cristiano Piquet v. Clareway Props. Ltd.
  314 So. 3d 423· Fla. 3d DCA· 2020-11-12 ·cited 7×
  Counterclaims alleging fraud in the inducement, fraud, and conspiracy regarding a membership interest purchase agreement are inextricably intertwined with the plaintiff's breach of contract claims and should not be severed, as severance risks inconsistent verdicts and leaves the
• Tejera v. Lincoln Lending Servs.
  271 So. 3d 97· Fla. 3d DCA· 2019-02-27 ·cited 7×
  A civil conspiracy claim alleging fraud in the inducement is an "action founded upon fraud" under Florida Statute § 95.031(2)(a), permitting application of the delayed discovery doctrine to determine when the four-year statute of limitations begins to run. The delayed discovery d
• Prewitt Enters., LLC v. Tommy Constantine Racing, LLC
  185 So. 3d 566· Fla. 4th DCA· 2016-01-27 ·cited 7×
  Prewitt Enterprises sued Tommy Constantine Racing for fraudulent inducement and breach of contract after Constantine falsely represented he had fully funded a racing team. The trial court granted judgment notwithstanding the verdict on the fraud claim, but the appellate court rev
• van Weelde v. van Weelde
  110 So. 3d 918· Fla. 2d DCA· 2013-02-08 ·cited 7×
  Taylor Van Weelde appeals a trial court's grant of summary judgment invalidating his legal paternity of his wife's biological son, R.D.W., whom he has raised since birth and whose birth certificate he signed. The court reversed, holding that the trial court applied an incorrect l
• Fid. Warranty Servs., Inc. v. Firstate Ins. Holdings, Inc.
  98 So. 3d 672· Fla. 4th DCA· 2012-10-03 ·cited 7×
  In this attorney's fees dispute following complex commercial litigation over extended automotive warranties, the trial court awarded Firstate over $1.4 million in fees but denied JMA's fee request. The appellate court affirmed Firstate's entitlement to prevailing party fees but r
• B & G Aventura, LLC v. G-Site Ltd. P'ship
  97 So. 3d 308· Fla. 3d DCA· 2012-09-12 ·cited 7×
  A condo purchaser who signed a detailed written contract disclaiming oral representations about views sued the developer after discovering the unit's marina view was obstructed. The court affirmed summary judgment for the developer, holding that the comprehensive written contract
• Fern P. Clarke v. Henderson
  74 So. 3d 112· Fla. 3d DCA· 2011-08-24 ·cited 7×
  The court held that the trial court applied the incorrect legal standard for reviewing a motion for judgment on the pleadings, and the complaint's allegations were sufficient to state a claim for relief.
• Devon Med., Inc. v. Ryvmed Med., Inc.
  60 So. 3d 1125· Fla. 4th DCA· 2011-05-11 ·cited 7×
  Devon Medical and related companies appealed a jury verdict awarding Ryvmed Medical $1.4 million in damages for breach of contract and promissory estoppel, plus $13,394 for tortious interference. The appellate court affirmed the tortious interference award but reversed the lost p
• MGM Constr. Servs. Corp. v. Travelers Cas. & Sur. Co. OF Am.
  57 So. 3d 884· Fla. 3d DCA· 2011-03-02 ·cited 7×
  MGM Construction Services Corp., an unlicensed subcontractor, appealed a summary judgment that rendered its subcontracts unenforceable based solely on violation of Miami-Dade County's licensing ordinance. The appellate court reversed, holding that courts must apply a flexible, mu
• Durden v. Citicorp Tr. Bank, FSB
  763 F. Supp. 2d 1299· M.D. Fla.· 2011-01-20 ·cited 7×
  The court held that the defendant is entitled to an award of attorneys' fees for defending the FSIPA claim and, to the extent intertwined, the other fraud claims, but reduced the requested amount due to over-inclusive billing and interrelation issues.
• Gray v. Gray
  958 So. 2d 955· Fla. 1st DCA· 2007-04-26 ·cited 7×
  Jimmy and Frances Gray appealed a temporary injunction entered without notice to freeze their assets, alleging procedural defects. The court dismissed the appeal as moot because the Grays filed a motion to dissolve, participated in an evidentiary hearing, and the injunction was m
• BP Prods. N. Am., Inc. v. Oakridge at Winegard, Inc.
  469 F. Supp. 2d 1128· M.D. Fla.· 2007-01-03 ·cited 7×
  The court held that the magistrate judge did not err in finding an enforceable settlement agreement existed, as the parties reached a meeting of the minds and counsel had clear authority to settle.
• Rebecca J. Covey, P.A. v. Am. Imp. CAR Sales
  944 So. 2d 1202· Fla. 4th DCA· 2006-12-20 ·cited 7×
  Rebecca Covey, an attorney, appeals the trial court's decision to grant a judgment lien to SouthTrust Bank against settlement funds, rather than recognizing Covey's superior charging lien. The appellate court reverses, holding that an attorney's charging lien attaches at the comm
• Terrie Towers v. Clarendon Nat'l Ins. Co.
  927 So. 2d 913· Fla. 2d DCA· 2006-01-04 ·cited 7×
  Terrie Towers appealed an order compelling arbitration of her insurance dispute with Clarendon National Insurance Company. The court reversed, holding that Clarendon's rescission of the insurance policy and return of premiums voided the underlying contract and rendered the arbitr
• Pavolini v. Williams
  915 So. 2d 251· Fla. 5th DCA· 2005-12-02 ·cited 7×
  Borrowers appealed a summary judgment foreclosure entered against them after the trial court struck their affirmative defenses without explanation. The Fifth District reversed, holding that the lenders failed to conclusively refute the borrowers' affirmative defenses of waiver, e
• Everidge v. Advantage Venture P'rs, Ltd.
  880 So. 2d 691· Fla. 5th DCA· 2004-04-23 ·cited 7×
  The court affirmed dismissal of breach of oral contract and fraud claims but reversed dismissal of defamation counts, finding those adequately pleaded the requisite elements.
• Chicago Title Ins. Co. v. Alday-Donalson Title Co. OF Fla., Inc.
  832 So. 2d 810· Fla. 2d DCA· 2002-10-30 ·cited 7×
  The court affirmed the dismissal of tortious interference claims against Stewart Title and conspiracy claims against Alday America, but reversed the dismissal of the successor entity liability claim against Alday America.
• DOE v. N. Okaloosa Med. Ctr., Inc.
  802 So. 2d 1202· Fla. 1st DCA· 2002-01-08 ·cited 7×
  The court affirmed an arbitration award, finding no impropriety in the arbitrators' reliance on expert testimony and their decision to exclude social security retirement benefits from the damages award.
• Humana Health Ins. Co. OF Fla., Inc. v. Chipps
  802 So. 2d 492· Fla. 4th DCA· 2001-12-26 ·cited 7×
  Humana Health Insurance appealed a jury verdict awarding over $79 million in damages to Mark Chipps for wrongfully terminating his daughter Caitlyn's coverage under its Medical Case Management program. The Fourth District Court of Appeal reversed and remanded for a new trial, fin
• Del-Rena, Inc. v. KFM, Inc.
  789 So. 2d 397· Fla. 4th DCA· 2001-05-30 ·cited 7×
  Appellants waived their right to a jury trial by consenting to a non-jury trial in their pretrial stipulation and participating in the bench trial without objection.
• Johnie A. McLEOD and Eloise W. McLeod v. Barber
  764 So. 2d 790· Fla. 5th DCA· 2000-07-21 ·cited 7×
  The court affirmed the dismissal of the fraud claim against Mr. Barber, finding it barred by the statute of limitations, but reversed the dismissal of the breach of contract claims against Prudential.
• The Poole & Kent Co. v. Gusi Erickson Constr. Co.
  759 So. 2d 2· Fla. 2d DCA· 1999-09-29 ·cited 7×
  Poole & Kent appeals the trial court's confirmation of an arbitration award in favor of Gusi Erickson Construction and denial of Poole's motion to vacate. The court affirms, holding that the arbitration award was properly confirmed despite Poole's argument that Gusi lacked a vali
• Linn-Well Dev. Corp. v. Preston & Farley, Inc.
  710 So. 2d 578· Fla. 2d DCA· 1998-02-04 ·cited 7×
  The court held that summary judgment for the defendant broker was improper because the broker was never properly served or made an appearance in the first lawsuit, rendering the judgment against it void, and res judicata did not apply as there was no privity or representation.
• Field v. Koufas
  701 So. 2d 612· Fla. 2d DCA· 1997-10-31 ·cited 7×
  Three California residents who purchased a Florida business challenged a trial court's denial of their motion to dismiss for lack of personal jurisdiction. The Florida appellate court reversed, holding that the plaintiff failed to meet her burden of establishing long-arm jurisdic
• Johns v. Ponto
  684 So. 2d 830· Fla. 2d DCA· 1996-11-06 ·cited 7×
  A homebuyer sued sellers and their real estate broker for fraud in the inducement and fraudulent concealment regarding allegedly defective structural conditions in a residential property. The trial court dismissed the claims based on the economic loss rule, but the appellate cour
• Raymond James & Assocs., Inc. v. PK Ventures, Inc.
  666 So. 2d 174· Fla. 2d DCA· 1995-12-06 ·cited 7×
  The economic loss rule prevents recovery for fraud in the inducement against a business broker for commercial property sales.
• Lambert v. Kysar
  983 F.2d 1110· 1st Cir.· 1993-01-13 ·cited 7×
  The court held that the forum selection clause in the contract was valid and enforceable, requiring the lawsuit to be brought in Clark County, Washington.
• Morales v. S. Pac. Transp. Co.
  894 F.2d 743· 5th Cir.· 1990-02-20 ·cited 7×
  Former employees' state law claims arising from their employment relationship and resignation agreements are 'minor disputes' under the Railway Labor Act and are subject to the mandatory grievance procedures, requiring exhaustion of remedies before filing suit.
• Burton v. Linotype Co.
  556 So. 2d 1126· Fla. 3d DCA· 1989-11-14 ·cited 7×
  A party cannot contractually thwart liability for its own fraud, and exculpatory clauses for negligence must be clear and unambiguous.
• One-O-One Enters., Inc. v. Caruso
  848 F.2d 1283· D.C. Cir.· 1988-06-07 ·cited 7×
  The court held that plaintiffs' fraud claims failed due to unreasonable reliance on prior representations superseded by an integration clause, and that while the stock option was a security, this did not alter the dismissal of the securities fraud claim.
• Trs. OF the Laborers Local Union #800 Health & Welf. Tr. Fund v. The Pump House, Inc.
  821 F.2d 566· 11th Cir.· 1987-07-14 ·cited 7×
  The defense of fraud in the inducement is unavailable to an employer in an action by employee benefit fund trustees to collect delinquent contributions under ERISA.
• Golden v. Elwood L. Faust and Dorothy Faust
  766 F.2d 1339· 9th Cir.· 1985-07-23 ·cited 7×
  The dissenting judge believes the case is indistinguishable from Kuntsman, where a plaintiff represented by counsel could not estop the defendant from relying on the statute of limitations.
• Sherman v. Mut. Benefit Life INS. Co.
  633 F.2d 782· 9th Cir.· 1980-10-23 ·cited 7×
  The court held that extrinsic evidence is admissible to interpret a contract's termination clause if the language is reasonably susceptible to the offered meaning, and that parol evidence is admissible to show fraud even in an integrated agreement if it does not directly contradi
• Shidiam Corp. v. M & D Research Corp.
  374 So. 2d 553· Fla. 4th DCA· 1979-08-01 ·cited 7×
  Shidiam Corporation appealed a directed verdict dismissing its breach of contract and fraud claims against M & D Research Corporation, and challenged damages awarded to M & D on its counterclaim for breach of contract. The court affirmed the dismissal of Shidiam's claims but reve
• Harlan Street and Leo Greenfield v. Sugerman
  307 So. 2d 883· Fla. 3d DCA· 1974-12-31 ·cited 7×
  Street and Greenfield appealed an order denying their motion to dismiss a complaint alleging breach of contract and fraud. The court affirmed the denial, holding that the amended complaint adequately stated causes of action for breach of a dependent covenant and rescission based
• Cent. Mut. Ins. Co. v. Cropper
  296 So. 2d 69· Fla. 2d DCA· 1974-06-19 ·cited 7×
  The court affirmed a summary judgment for the insured's administratrix, holding that the insurer failed to prove that the insured's misrepresentations about his heart condition were fraudulent or material to the acceptance of the risk or the hazard assumed.
• Lisbon Holding & Inv. Co., Ltd. v. Vill. Apts., Inc.
  237 So. 2d 197· Fla. 3d DCA· 1970-06-16 ·cited 7×
  Suing on a promissory note secured by a mortgage does not discharge an endorser, and a defense of partial failure of consideration requires an allegation of fraud regarding property condition.
• McElroy v. GAY
  155 Fla. 856· Fla.· 1945-05-11 ·cited 7×
  The Florida Supreme Court reversed a dismissal of a bill of complaint seeking cancellation of a deed and reconveyance of real property. The plaintiff alleged that a minor female induced him to convey an interest in his property by fraudulently promising marriage with no intent to
• Residential v. Prospect Park Dev.
  336 So. 3d 807· Fla. 2d DCA· 2022-03-25 ·cited 6×
  The appellate court reversed the dismissal of fraud claims, holding that a contract's general disclaimers of representations and reliance were insufficient to waive fraud liability under Florida Supreme Court precedent. The court clarified that to preclude fraud claims, a contrac