Fraudulent Inducement

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

• McIntosh Fish Camp, LLC. v. Colwell
  315 So. 3d 784· Fla. 5th DCA· 2022-01-20 ·cited 6×
  McIntosh Fish Camp and Susan Monroe appealed a summary judgment foreclosing a purchase money mortgage in favor of Martin E. Colwell, Mark D. Colwell, and Charlie L. Gates, Jr. The appellants raised affirmative defenses alleging fraud in the inducement and material misrepresentati
• People's Tr. Ins. Co. v. Edouard Marzouka and Marie Marzouka
  320 So. 3d 945· Fla. 3d DCA· 2021-05-19 ·cited 6×
  A trial court has discretion to defer ordering appraisal when an insured raises declaratory judgment claims challenging the enforceability of the appraisal provision itself, particularly where those challenges involve fact-intensive inquiries into fraud, unconscionability, or pub
• Heller v. Blue Aerospace, LLC
  112 So. 3d 635· Fla. 4th DCA· 2013-04-24 ·cited 6×
  A party that raises allegations of concerted conduct by both a non-signatory and a signatory in an arbitration proceeding is equitably estopped from later refusing to arbitrate claims against the non-signatory based on the same allegations.
• America's Yate de Costa Rica v. Armco Mfg., Inc.
  82 So. 3d 882· Fla. 4th DCA· 2011-06-22 ·cited 6×
  America's Yate de Costa Rica appealed a final judgment entered after its pleadings were struck for failure to respond to discovery. The Fourth District reversed, holding that the defendant established excusable neglect because it lacked notice of discovery deadlines when court-or
• Am. Home Assurance Co. v. Weaver Aggregate Transp., Inc.
  773 F. Supp. 2d 1317· M.D. Fla.· 2011-03-01 ·cited 6×
  The court held that Beacon's motion to dismiss should be denied as American Home sufficiently pleaded claims for fraudulent inducement, unjust enrichment, and breach of third-party beneficiary contract.
• Gerhardt M. Witt v. LA Gorce Country Club, Inc.
  35 So. 3d 1033· Fla. 3d DCA· 2010-06-09 ·cited 6×
  La Gorce Country Club sued Witt (a geologist) and ITT for losses from a failed reverse osmosis water treatment system. The court held that Witt is personally liable for professional malpractice despite a limitation of liability clause in his consulting agreements, and affirmed th
• Mercury Telco Grp., Inc. v. Empresa De Telecommunicaciones De Bogota S.A. E.S.P.
  670 F. Supp. 2d 1350· S.D. Fla.· 2009-11-02 ·cited 6×
  The court held that the parties' agreement clearly delegated the issue of arbitrability to the arbitrator, and that all of the plaintiff's claims fell within the scope of the broad arbitration clause.
• Parisi v. Miranda
  15 So. 3d 816· Fla. 4th DCA· 2009-07-22 ·cited 6×
  Richard Parisi appeals a jury verdict awarding Michael Miranda $784,000 for the value of his shares in Island Shores Homes, Inc. and $950,000 derivatively to the corporation. The Fourth District Court of Appeal affirms the derivative award but reverses the individual award as con
• Sierra Equity Grp., Inc. v. White Oak Equity P'rs, LLC
  687 F. Supp. 2d 1322· S.D. Fla.· 2009-05-19 ·cited 6×
  The court denied the defendants' motions for reconsideration and for certification of an interlocutory appeal, but granted their motion for an extension of time to answer.
• Hi-Shear Tech. Corp. v. United Space Alliance, LLC
  1 So. 3d 195· Fla. 5th DCA· 2008-11-14 ·cited 6×
  Hi-Shear Technology Corporation appealed a jury verdict finding it violated the Hobbs Act by conditioning delivery of critical space shuttle components on receiving an unrelated contract award. The court affirmed, holding that Hi-Shear lacked legal entitlement to the bonnet thrus
• Kaplan v. Divosta Homes, L.P.
  983 So. 2d 1208· Fla. 2d DCA· 2008-05-23 ·cited 6×
  The Kaplans purchased a home from Divosta and sued claiming fraud and seeking rescission, along with claims against the homeowners association regarding covenants and personal injury from mold. The court affirmed the trial court's order compelling arbitration of the rescission an
• Liggett Grp., Inc. v. Davis
  975 So. 2d 1281· Fla. 4th DCA· 2008-03-19 ·cited 6×
  Liggett Group appeals a $752,238.75 attorney's fees award entered after it rejected plaintiffs' settlement proposal in a tobacco-related personal injury case. The Fourth District Court of Appeal affirmed the trial court's good faith finding regarding the settlement proposal but r
• Hendricks v. Smartvideo Techs., Inc.
  511 F. Supp. 2d 1219· M.D. Fla.· 2007-01-26 ·cited 6×
  The court denied sanctions, granted summary judgment for Smartvideo on Hendricks' fraudulent inducement claim, and denied summary judgment for both parties on other claims, finding genuine issues of material fact for trial.
• Behrman v. Allstate Life Ins.
  388 F. Supp. 2d 1346· S.D. Fla.· 2005-09-07 ·cited 6×
  The court held that the plaintiff's tort claims are barred by the economic loss rule, negligent hiring claims fail for lack of an employer-employee relationship, omission claims fail for lack of a duty of disclosure, and breach of contract claims fail due to the parol evidence ru
• Urfirer v. Cornfeld
  408 F.3d 710· 11th Cir.· 2005-05-05 ·cited 6×
  Michael Urfirer sought damages from his ex-wife's father and brother, Robert and Jeffrey Cornfeld, alleging they fraudulently induced him to sign a waiver of claims to family property in his divorce settlement agreement. The district court granted summary judgment for the Cornfel
• Merovich v. Huzenman
  911 So. 2d 125· Fla. 3d DCA· 2005-03-30 ·cited 6×
  The Meroviches and their corporations appealed the dismissal of their multi-count complaint against the Huzenman cousins and two LLCs, alleging fraudulent inducement into a restaurant investment, breach of fiduciary duty, and denial of inspection rights. The court affirmed dismis
• Fla. Power & Light Co. v. Albert Litter Studios, Inc.
  896 So. 2d 891· Fla. 3d DCA· 2005-03-02 ·cited 6×
  Florida Power & Light Company petitioned for a writ of prohibition to prevent the Miami-Dade Circuit Court from exercising jurisdiction over a purported class action alleging overcharges due to defective thermal demand meters. The Third District Court of Appeal granted the writ,
• Singer v. Gaines
  896 So. 2d 851· Fla. 3d DCA· 2005-02-23 ·cited 6×
  Keith Singer, a former financial advisor, appeals an order compelling arbitration of his fraudulent inducement claims against his former employer GSFS and its principals. The Florida appellate court affirmed the arbitration order, holding that the NASD arbitration clause in Singe
• Tomasini v. Mount Sinai Med. Ctr. of Fla., Inc.
  315 F. Supp. 2d 1252· S.D. Fla.· 2004-02-20 ·cited 6×
  The court held that after-acquired evidence of employee misconduct does not bar recovery of severance pay under the contract, and that Mount Sinai failed to establish its fraud in the inducement claim.
• Bautista v. Star Cruises
  286 F. Supp. 2d 1352· S.D. Fla.· 2003-10-14 ·cited 6×
  The court held that the Federal Arbitration Act's seamen exemption does not apply to the Convention Act, and that the arbitration agreements at issue are enforceable under the Convention Act.
• Becklund v. Fleming
  869 So. 2d 1· Fla. 2d DCA· 2003-10-10 ·cited 6×
  This case involves a creditor's attempt to recover an unpaid promissory note from a decedent's revocable trust and trustee. The trial court dismissed all claims, but the appellate court reversed in part, finding that the creditor may have timely served a claim on the trustee with
• ANY Kind Checks Cashed, Inc. v. Talcott
  830 So. 2d 160· Fla. 4th DCA· 2002-10-09 ·cited 6×
  Any Kind Checks Cashed, Inc. appealed a trial court judgment denying it holder in due course status on a $10,000 check that an elderly man was fraudulently induced to issue. The court affirmed, holding that Any Kind failed to act in good faith under the objective standard requiri
• Cypress Aviation, Inc. v. Bollea
  826 So. 2d 1091· Fla. 2d DCA· 2002-10-04 ·cited 6×
  The Florida District Court of Appeal reversed a circuit court's denial of a motion to dismiss punitive damages claims, holding that plaintiffs failed to comply with the procedural requirements of section 768.72, which mandates that plaintiffs obtain leave from the trial court and
• Russell v. The Sherwin-Williams Co.
  767 So. 2d 592· Fla. 4th DCA· 2000-09-13 ·cited 6×
  Tom Russell, a painter, sued Sherwin-Williams for negligence and fraudulent inducement after the company's employee provided incorrect paint application specifications that caused Russell's work to be rejected. The court affirmed summary judgment on the fraudulent inducement clai
• Katz v. Woltin
  765 So. 2d 279· Fla. 4th DCA· 2000-08-16 ·cited 6×
  Marvin Katz sued Robert Woltin and Louie Louie, Inc. for breach of contract and related claims arising from an alleged agreement to provide Katz with stock ownership in a restaurant. The court affirmed summary judgment for the defendants, holding that the underlying contract was
• Conn. Gen. Life Ins. Co. & Cigna Fin. Advisors, Inc. v. Jones
  764 So. 2d 677· Fla. 1st DCA· 2000-06-01 ·cited 6×
  Connecticut General Life Insurance Company and Cigna Financial Advisors appealed a judgment awarding Roy L. Jones compensatory and punitive damages for implied contract/unjust enrichment, fraud in the inducement, and ADA violations arising from unpaid work Jones performed while d
• Ruthe L. Clayton v. State Farm Mut. Auto. Ins. Co.
  729 So. 2d 1012· Fla. 3d DCA· 1999-04-14 ·cited 6×
  Clayton sued State Farm for fraud in the inducement and breach of fiduciary duty, claiming State Farm misrepresented that damaged vehicles would be repaired with original equipment manufacturer (OEM) parts of "like kind and quality" when State Farm actually intended to use inferi
• Standard Fish Co., Ltd. v. 7337 Douglas Enters., Inc.
  673 So. 2d 503· Fla. 3d DCA· 1996-04-17 ·cited 6×
  Standard Fish Company appealed summary judgment in its negligence action against Douglas Enterprises, which owned a warehouse where Standard's fish spoiled in cold storage. The court affirmed, applying the economic loss rule to bar tort recovery where only economic damages were a
• Jankovich v. Bowen
  844 F. Supp. 743· S.D. Fla.· 1994-01-18 ·cited 6×
  The court held that a release agreement bars claims arising from pre-agreement conduct, and that the breach of contract claim failed because the contractual obligation to register stock had not yet been triggered.
• Alphagraphics Franchising, Inc. v. Stebbins
  617 So. 2d 463· Fla. 4th DCA· 1993-05-05 ·cited 6×
• Tel-Phonic Servs., Inc. v. TBS Int'l, Inc.
  975 F.2d 1134· 5th Cir.· 1992-10-23 ·cited 6×
  The court held that plaintiffs' consent to venue transfer barred appeal of that decision, RICO and antitrust claims were properly dismissed for failure to state a claim, but fraud and breach of contract claims were timely and sufficiently pleaded.
• Pepper v. First Union Nat'l Bank OF Fla.
  605 So. 2d 1016· Fla. 1st DCA· 1992-10-14 ·cited 6×
  The court affirmed summary judgment for the bank in a mortgage foreclosure action, holding that the borrower was precluded from defending against a release agreement based on his failure to read it or his claim of fraudulent inducement given the hostile relationship between the p
• First S. Baptist Church OF Mandarin v. The First Nat'l Bank OF Amarillo
  610 So. 2d 452· Fla. 1st DCA· 1992-09-17 ·cited 6×
  The court held that by asserting affirmative defenses alleging fraud in the bond transaction, the petitioners waived the attorney-client privilege regarding communications and documents related to that transaction. However, the privilege for the Bray transaction remains unless a
• Fed. Deposit Ins. Corp. v. The AETNA Cas. & Sur. Co.
  947 F.2d 196· 6th Cir.· 1991-10-10 ·cited 6×
  The court held that the agreement tending to diminish the FDIC's interest was part of the asset itself and met the statutory requirements.
• Taffy Gould McCALLUM v. McCALLUM
  577 So. 2d 667· Fla. 3d DCA· 1991-04-02 ·cited 6×
  In a divorce case, the wife challenged a property settlement agreement on grounds of coercion and claimed the trial court improperly modified the cash distribution provisions. The Florida Third District Court of Appeal affirmed the trial court's rejection of the coercion claim an
• Operating Eng'rs Pension Tr. v. Carroll E. Wilson and Patricia J. Wilson
  915 F.2d 535· 9th Cir.· 1990-10-02 ·cited 6×
  A state-law claim for fraud in the inducement of a collective bargaining agreement is preempted by section 301 of the LMRA if its resolution requires interpreting or determining the validity of the agreement.
• C.B.S. Emps. Fed. Credit Union v. Donaldson
  912 F.2d 1563· 6th Cir.· 1990-09-07 ·cited 6×
  The court held that where a plaintiff alleges fraud in the procurement of an arbitration agreement itself, the federal court must adjudicate that claim, rather than deferring to arbitration.
• White v. Gen. Motors Corp., Inc.
  908 F.2d 669· 10th Cir.· 1990-07-19 ·cited 6×
  The court held that the releases signed by the plaintiffs were valid and barred their claims for wrongful discharge and breach of contract, and affirmed summary judgment on the slander claim.
• Lois v. Shakarian and David H. Lucas
  561 So. 2d 1222· Fla. 2d DCA· 1990-04-25 ·cited 6×
  The court held that summary judgment was inappropriate on issues of gift or contract due to factual disputes, and that certain orders lacked finality for execution, while other claims were properly dismissed.
• Thompson v. Davor G. Gjivoje
  896 F.2d 716· 2d Cir.· 1990-02-20 ·cited 6×
  The court affirmed summary judgment on the commissions claim, finding no contractual basis for payment, but reversed summary judgment on the profit-sharing claim, finding a genuine issue of material fact regarding the MasterCard project's assignment.
• Fed. Deposit Ins. Corp. v. Bell
  892 F.2d 64· 10th Cir.· 1989-12-15 ·cited 6×
  The rule of Langley v. Federal Deposit Ins. Corp. applies to alleged failures to disclose material facts, providing the FDIC with a defense under 12 U.S.C. § 1823(e).
• Wood v. R.R. Donnelley & Sons Co. & Donnelley Receivables
  888 F.2d 313· 3d Cir.· 1989-11-01 ·cited 6×
  The court held that the parol evidence rule does not bar a fraud claim based on an underlying oral agreement, even when a letter of credit is involved, and that the lower court erred in granting summary judgment on this basis.
• Frieda Miller v. Prudential Bache Sec., Inc.
  884 F.2d 128· 4th Cir.· 1989-08-29 ·cited 6×
  The court held that an arbitrator's decision on the applicable statute of limitations is not subject to judicial review, and that the arbitration clause did not constitute an invalid waiver of rights or was not fraudulently induced.
• Maryanne Sieck v. Russo
  869 F.2d 131· 2d Cir.· 1989-02-23 ·cited 6×
  The court held that the district court did not abuse its discretion in entering default judgments against defendants for repeated failure to comply with discovery orders, nor in denying their motion to set aside those judgments.
• Pallen v. Richardson
  531 So. 2d 1043· Fla. 3d DCA· 1988-10-04 ·cited 6×
  Court reversed an injunction against two dentists who locked out a third from their joint practice, holding that monetary damages provide an adequate remedy at law and the plaintiff failed to demonstrate irreparable harm.
• Forry, Inc. v. Neundorfer, Inc.
  837 F.2d 259· 6th Cir.· 1988-01-11 ·cited 6×
  The court held that a preliminary injunction was properly granted because the plaintiff demonstrated a substantial likelihood of success on the merits and the defendants failed to rebut the presumption of irreparable harm.
• Benoay v. EF Hutton & Co., Inc.
  699 F. Supp. 1523· S.D. Fla.· 1988-01-08 ·cited 6×
  The court held that the arbitration clause in the customer agreement is valid and enforceable, compelling arbitration of the plaintiff's claims under the Federal Arbitration Act. The court also found that the plaintiff's claims of unconscionability, adhesion, lack of mutuality, f
• Lawrence v. Comprehensive Bus. Servs. Co. & Comprehensive Acct. Corp.
  833 F.2d 1159· 5th Cir.· 1987-12-15 ·cited 6×
  A claim of illegality of the entire contract, even if pervasive, is subject to arbitration under the Federal Arbitration Act, unless the claim directly attacks the making of the arbitration clause itself.
• Manning v. Energy Conversion Devices, Inc.
  833 F.2d 1096· 2d Cir.· 1987-11-20 ·cited 6×
  The court affirmed the district court's order compelling arbitration, finding that the appellants failed to present an adequate basis to oppose or vacate the order despite procedural irregularities.
• Graphic Sales, Inc. v. Sperry Univac Division
  824 F.2d 576· 7th Cir.· 1987-07-21 ·cited 6×
  The court held that the district court did not clearly err in finding that Sperry did not misrepresent its services, and therefore affirmed the judgment.