Fraudulent Inducement

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

• Philadelphia Indem. Ins. v. Kohne
  294 F. Supp. 2d 1319· M.D. Fla.· 2003-12-10 ·cited 5×
  The court held that the insured's failure to notify the insurer of the lawsuit and entering into a settlement agreement constituted an unexcused material breach of the cooperation clause, relieving the insurer of its duties. Summary judgment was granted for the insurer on its dec
• Choice Rest. Acquisition Ltd. v. Whitley, Inc.
  816 So. 2d 1165· Fla. 4th DCA· 2002-05-08 ·cited 5×
  Choice Restaurant Acquisition Ltd. seeks review of a discovery order compelling testimony from an accountant regarding communications protected by the accountant-client privilege. The Fourth District Court of Appeal quashes the discovery order, holding that the accountant-client
• Argonaut Dev. Grp., Inc. v. SWH Funding Corp.
  150 F. Supp. 2d 1357· S.D. Fla.· 2001-07-12 ·cited 5×
  The court held that although a contractual relationship existed, the plaintiff's failure to satisfy all conditions precedent excused the defendant's performance, and thus summary judgment for the defendant was appropriate on all counts.
• Bates v. Rosique
  777 So. 2d 980· Fla. 3d DCA· 2001-02-21 ·cited 5×
  Buyers appealed a summary judgment ruling that their fraudulent inducement claims were barred by the Economic Loss Rule. The court affirmed, holding that where alleged misrepresentations are inseparably embodied in the parties' written agreement and the contract contains a merger
• Sunpoint Sec., Inc. v. Porta
  979 F. Supp. 2d 1284· M.D. Fla.· 2000-03-31 ·cited 5×
  The court held that while permissive joinder of Mr. Drivas under Rule 20(a) was proper, the Plaintiff's complaint to vacate the arbitration award lacked factual support for its claims of undue means and partiality, leading to dismissal.
• Premier Hotel Corp. v. M Grp. Resorts, S.A.
  753 So. 2d 647· Fla. 3d DCA· 2000-03-08 ·cited 5×
  The court held that the trial court did not err in denying the motion to dismiss for lack of jurisdiction, as sufficient basis for jurisdiction was shown.
• Bradley Factor, Inc. v. United States
  86 F. Supp. 2d 1140· M.D. Fla.· 2000-02-08 ·cited 5×
  The court held that the economic loss rule does not bar the plaintiff's fraud in the inducement claim because it is an independent tort, and that the defendant breached its warranty as a matter of law.
• Mahoney v. Uladislao Diaz and Kyong Diaz
  719 So. 2d 972· Fla. 5th DCA· 1998-10-23 ·cited 5×
  This case involves a dispute over a second mortgage on a property. The buyer, Mahoney, claimed the sellers, the Diazes, fraudulently recorded a mortgage and later released it. The appellate court reversed the summary judgment, finding a genuine issue of material fact regarding th
• Maunsell v. Am. Gen. Life & Accident Ins. Co.
  707 So. 2d 916· Fla. 3d DCA· 1998-03-11 ·cited 5×
  Robert Maunsell sued American General Life and Accident Insurance Company for fraudulent inducement, claiming the company's representatives promised him promotion to management and the ability to hire staff within three months of employment. The trial court granted summary judgme
• Fla. Coll. of Osteopathic Med., Inc. v. Dean Witter Reynolds Inc.
  982 F. Supp. 862· M.D. Fla.· 1997-11-17 ·cited 5×
  The court held that the letter of agreement was unenforceable under the Statute of Frauds, barring breach of contract and detrimental reliance claims, and that negligent misrepresentation claims were barred by the Economic Loss Rule, but fraudulent inducement claims could proceed
• Fla. Dept. Ins. v. Debenture Guar
  921 F. Supp. 750· M.D. Fla.· 1996-04-08 ·cited 5×
  The court held that the defendants' motion to dismiss for failure to plead fraud with particularity and for failure to state a claim was without merit, denying the motion.
• Mole v. First Fed. Sav. & Loan Ass'n
  674 So. 2d 144· Fla. 5th DCA· 1996-04-04 ·cited 5×
  The court held that the Moles failed to prove their damages under the applicable standard for breach of a construction loan agreement.
• Brinderson-Newberg Joint Venture v. Pac. Erectors, Inc.
  971 F.2d 272· 9th Cir.· 1992-07-20 ·cited 5×
  The court held that the contract language was unambiguous and not reasonably susceptible to Pacific's interpretation, thus inadmissible parol evidence could not support Pacific's contract or fraud claims, nor Hartford's fraud claims.
• Gopher OIL Co., Inc. v. Union OIL Co. OF Cal.
  955 F.2d 519· 8th Cir.· 1992-01-28 ·cited 5×
  The court affirmed the district court's findings of fraud and 100% liability for cleanup costs, but remanded for recalculation of attorney fees and determination of fraud damages.
• In re Collins v. Palm Beach Sav. & Loan
  946 F.2d 815· 11th Cir.· 1991-11-08 ·cited 5×
  C. Wendell Collins appealed a bankruptcy court decision holding his debt to Palm Beach Savings & Loan nondischargeable under 11 U.S.C. § 523(a)(2)(B) based on his fraudulent misrepresentation that collateral was unencumbered when he had previously assigned it twice. The Eleventh
• Colonial Penn Ins. Co. v. Coil
  887 F.2d 1236· 4th Cir.· 1989-10-30 ·cited 5×
  A district court may approve the revocation of a Rule 68 offer of judgment if the offer was induced by the offeree's fraudulent conduct discovered after the offer was made. The court's inherent power to do justice allows it to consider such fraud.
• Novatel Commc'ns, Inc. v. Cellular Tel. Supply, Inc.
  856 F.2d 151· 11th Cir.· 1988-09-29 ·cited 5×
  The court held that the distributor agreement's limitation of damages clause did not bar recovery of lost profits for breach of contract, and that CTSI's proof of damages was sufficient.
• Hawk's CAY Invs., Ltd. v. Brandy Marine OF THE Keys, Inc.
  524 So. 2d 681· Fla. 4th DCA· 1988-03-16 ·cited 5×
  Hawk's Cay Investors terminated its marina management agreement with Brandy Marine and refused to pay an $80,000 termination fee, claiming the agreement was unconscionable and that good cause existed for termination. The court held the termination fee was enforceable regardless o
• H & W Enters., Inc. v. Ellis
  467 So. 2d 790· Fla. 1st DCA· 1985-04-23 ·cited 5×
  H & W Enterprises and its guarantors leased equipment and real property from Silvex Corporation and CKJ partnership to operate a silver recovery business, but ceased operations after environmental compliance difficulties and financial problems. The trial court instructed the jury
• Malkus v. Gaines
  434 So. 2d 957· Fla. 3d DCA· 1983-06-14 ·cited 5×
  Malkus, a partner in a limited partnership, defrauded his partner Gaines by misrepresenting his cash investment and secretly receiving a broker's rebate. The trial court awarded Gaines Malkus's entire partnership interest via constructive trust, but the appellate court reversed,
• Price v. Airlift Int'l, Inc.
  181 So. 2d 549· Fla. 3d DCA· 1966-01-11 ·cited 5×
  A party who enters into new arrangements or agreements concerning a contract after discovering fraud waives any claim on account of that fraud.
• Scott v. Empire Land Co.
  S.D. Fla.· 1925-05-21 ·cited 5×
  Scott conveyed land to Empire Land Co. by warranty deed in 1904 for $46,080, with an understanding that the company would pay the purchase price either in cash or by delivering bonds to be issued and secured by a mortgage on the property. The company mortgaged the property, issue
• THE Cape, LLC v. Och-Ziff Real Est. Aquisitions, LP
  370 So. 3d 1010· Fla. 5th DCA· 2023-09-15 ·cited 4×
  A trial court abuses its discretion by dismissing a complaint with prejudice without affording the plaintiff an opportunity to amend where the plaintiff may be able to allege additional facts to support its cause of action or to support another cause of action based on a differen
• Greenspire Global, Inc. v. Sarasota Green Grp., LLC
  363 So. 3d 1150· Fla. 2d DCA· 2023-06-23 ·cited 4×
  The appellate court reversed a lower court's order allowing a plaintiff to amend its complaint to seek punitive damages. The court found that the plaintiff failed to provide sufficient evidence to support the claim for punitive damages as required by Florida statute.
• Lorber v. Passick
  327 So. 3d 297· Fla. 4th DCA· 2021-09-01 ·cited 4×
  The trial court erred in granting summary judgment on the buyer's counterclaims because genuine issues of material fact remained as to whether the prior water intrusion event was a readily observable defect and whether the buyer exercised adequate diligence. For the breach of con
• Morikawa v. Norberto Castro
  Fla. 3d DCA· 2021-08-11 ·cited 4×
  Mario Morikawa appeals the trial court's dismissal of his counterclaim against Norberto Castro. The court dismissed the counterclaim sua sponte for alleged noncompliance with Florida Rules of Civil Procedure, but without providing Morikawa notice or opportunity to be heard. The T
• Avra Jain v. Buchanan Ingersoll & Rooney PC
  322 So. 3d 1201· Fla. 3d DCA· 2021-06-16 ·cited 4×
  An attorney's alleged failure to object to a creditor's failure to produce an original promissory note does not constitute the proximate cause of a guarantor's loss when the guaranty is absolute and unambiguous, enforceable independent of the note. The issue was barred by collate
• Picture it Sold Photography, LLC v. Bunkelman
  287 So. 3d 699· Fla. 4th DCA· 2020-01-08 ·cited 4×
  Picture It Sold Photography appeals the denial of a temporary injunction to enforce a non-solicitation and non-compete agreement against former independent contractor Scott Bunkelman. The trial court found the restrictive covenants reasonable and that Bunkelman violated them, but
• Michael J. Denino & Vincenza Abbate-Denino v. Abbate
  247 So. 3d 48· Fla. 2d DCA· 2018-05-04 ·cited 4×
  The email service requirements of Florida Rule of Judicial Administration 2.516(b)(1) do not apply to a motion filed as part of the section 57.105(4) safe harbor notice procedure. The trial court's denial of sanctions based on strict email service compliance was therefore reverse
• Annex Indus. Park, LLC v. City OF Hialeah
  218 So. 3d 452· Fla. 3d DCA· 2017-04-12 ·cited 4×
  Annex Industrial Park appealed the trial court's dismissal of its amended third-party complaint against the City of Hialeah and denial of leave to amend. The appellate court reversed, holding that the trial court abused its discretion by denying Annex leave to amend its complaint
• PDR Grayson Dental LAB, LLC v. Progressive Dental Reconstr., Inc.
  203 So. 3d 213· Fla. 1st DCA· 2016-11-17 ·cited 4×
  The court held that business records transmitted to an accounting firm for tax preparation are not privileged and are discoverable, even if the client is suing for fraud related to those records.
• Haynes v. Arman
  192 So. 3d 546· Fla. 5th DCA· 2016-05-13 ·cited 4×
  The court held that summary judgment was improperly granted on punitive damages, fraud in the inducement, and non-economic damages, as these issues presented genuine questions of material fact for the jury. The court affirmed the injunction regarding easements but reversed associ
• Overseas Inv. Grp. v. Wall St. Electronica, Inc.
  181 So. 3d 1288· Fla. 4th DCA· 2016-01-06 ·cited 4×
  Overseas Investment Group appeals a summary judgment in favor of brokerage back-office firm Herzog Heine Geduld, Inc., which liquidated Overseas's margin account without notice. The Florida Fourth District Court of Appeal reverses, finding material factual disputes remain regardi
• Washington A. Sena v. Pereira
  179 So. 3d 433· Fla. 4th DCA· 2015-11-12 ·cited 4×
  In this real property dispute, Sena appeals a summary judgment entered against him in a suit seeking specific performance, fraudulent inducement, and unjust enrichment relating to an option contract to purchase rental property. The court affirmed the dismissal of the specific per
• Hall v. Hall
  171 So. 3d 817· Fla. 4th DCA· 2015-08-12 ·cited 4×
  Gilbert Hall appeals a dissolution of marriage judgment, challenging the trial court's validation of a two-page marriage settlement agreement and the denial of his motion to amend his answer. The court affirmed the validity of the two-page agreement but reversed the denial of the
• Griffin Indus., LLC v. Dixie Southland Corp.
  162 So. 3d 1062· Fla. 4th DCA· 2015-04-15 ·cited 4×
  Griffin Industries leased a commercial warehouse from Dixie Southland Corporation but terminated the lease after a town notice regarding unpermitted storm water discharge systems. The trial court found Griffin liable for breach of lease; on appeal, the Fourth DCA affirmed liabili
• I-95 Motorsports, Inc. v. Goldberg
  155 So. 3d 449· Fla. 4th DCA· 2015-01-07 ·cited 4×
  I-95 Motorsports appeals a trial court's denial of attorneys' fees after prevailing on most counts in a contract dispute over vehicle repairs. The court affirmed the denial, finding the fee statute permissive rather than mandatory and holding that without a transcript of the fee
• Ioannides v. Romagosa
  93 So. 3d 431· Fla. 4th DCA· 2012-07-11 ·cited 4×
  A party cannot recover for fraudulent inducement based on oral misrepresentations that are adequately addressed or contradicted by a subsequent written contract, especially when the contract contains an integration clause.
• CFC OF Del. LLC v. Santalucia
  91 So. 3d 899· Fla. 4th DCA· 2012-07-05 ·cited 4×
  CFC appeals the trial court's denial of its motion to compel arbitration in a dispute arising from a life insurance premium financing loan agreement. The appellate court reverses the trial court's finding that fraud in the inducement of the overall contract rendered the arbitrati
• Crastvell Trading Ltd. v. Michel L. Marengere
  90 So. 3d 349· Fla. 4th DCA· 2012-06-20 ·cited 4×
  Crastvell Trading Ltd. appealed the dismissal of its complaint against Marengere and Bozel entities based on forum selection clauses. The Fourth District reversed, holding that a non-party to loan agreements cannot enforce their forum selection clause when the contract explicitly
• Hobirn, Inc. v. Aerotek, Inc.
  787 F. Supp. 2d 1298· S.D. Fla.· 2011-03-31 ·cited 4×
  A defendant's motion to dismiss is denied because the compulsory counterclaim rule does not bar claims that had not accrued when the prior action's responsive pleading was due, and the economic loss rule does not preclude claims for fraudulent inducement or negligent hiring.
• Am. Educ. Enters., LLC v. Bd. OF Trs. OF the Internal Improvement Tr. Fund
  45 So. 3d 941· Fla. 3d DCA· 2010-10-13 ·cited 4×
  American Educational Enterprises sought certiorari to quash a trial court order compelling production of post-2001 financial documents in a dispute over the 2001 purchase of state-owned property. The Florida District Court of Appeal held that the discovery order was overbroad bot
• Guevara v. Republic OF Peru
  608 F.3d 1297· 11th Cir.· 2010-06-18 ·cited 4×
  Jose Guevara, a Venezuelan national, provided information to the FBI that led to the capture of Peru's fugitive former spy chief Vladimiro Lenin Montesinos Torres, and claimed a $5 million reward that Peru had publicly offered. The district court granted Guevara summary judgment
• La Costa Beach Club Resort Condo. Ass'n, Inc. v. Alphonso Carioti
  37 So. 3d 303· Fla. 4th DCA· 2010-04-14 ·cited 4×
  La Costa Beach Club Resort appealed a trial court's order granting a new trial based on three grounds: an alleged illegal Mary Carter settlement agreement, attorney misconduct, and erroneous jury instructions on joint and several liability. The appellate court reversed, finding n
• Gastaldi v. Sunvest Resort Cmtys., LC
  709 F. Supp. 2d 1284· S.D. Fla.· 2010-03-22 ·cited 4×
  The court held that a continuance was not warranted because the plaintiffs had not shown sufficient diligence in preparing their damages case, having repeatedly failed to proffer admissible expert testimony on damages.
• Robeson v. Melton
  52 So. 3d 676· Fla. 4th DCA· 2009-11-18 ·cited 4×
  McDonald's and Robeson sought certiorari review of a trial court's order that granted a stay of proceedings against McDonald's but denied a stay as to Robeson in a state action filed by the Melton group. The Fourth District held that the trial court abused its discretion by not s
• Brown v. Carter
  13 So. 3d 111· Fla. 2d DCA· 2009-05-29 ·cited 4×
  The Carters purchased a home from the Browns and later discovered structural defects, including floor humping and ceiling deflection. The trial court found the Browns liable for nondisclosure of details regarding pool installation work, but the appellate court reversed, holding t
• Archbishop John Favalora v. Sidaway
  995 So. 2d 1133· Fla. 4th DCA· 2008-12-03 ·cited 4×
  The court held that civil trial courts have jurisdiction over secular tort claims against religious institutions, even if inquiry into church law is required.
• Ward v. Estaleiro Itajai S/A
  541 F. Supp. 2d 1344· S.D. Fla.· 2008-03-31 ·cited 4×
  Florida Statute § 768.72(1), which requires a preliminary showing before discovery of financial worth for punitive damages, is a procedural rule that conflicts with Federal Rule of Civil Procedure 26 and is therefore inapplicable in federal diversity actions.
• Patricia Gail van Diepen, P.A. v. Brown
  976 So. 2d 38· Fla. 5th DCA· 2008-01-25 ·cited 4×
  The court held that the trial court's attorney's fee award must be reversed because the order lacked sufficient detail for meaningful appellate review, and the court erred in not requiring production of the parties' fee agreements.