Fraudulent Inducement

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

• Street v. J.C. Bradford & Co.
  886 F.2d 1472· 6th Cir.· 1989-09-21 ·cited 59×
  The court held that genuine issues of material fact existed regarding the defendants' alleged fraudulent misrepresentations and unauthorized transactions, making summary judgment inappropriate.
• Vance v. Indian Hammock Hunt & Riding Club, Ltd.
  403 So. 2d 1367· Fla. 4th DCA· 1981-09-23 ·cited 59×
  The court held that the trial court erred in granting involuntary dismissal because there was evidence of reliance and potential false statements of future intent, and that plaintiffs were not required to specifically plead Fla. Stat. § 817.41(1).
• Steak House, Inc. v. Barnett
  65 So. 2d 736· Fla.· 1953-05-12 ·cited 59×
  Steak House, Inc. sued to rescind a contract with Barnett whereby it assigned its leasehold interests and assumed obligations in exchange for Barnett's promise to pay $18,000 in indebtedness. The trial court dismissed the complaint, but the Florida Supreme Court reversed, holding
• Hitchcolk v. Mortg. Sec. Corp.
  95 Fla. 147· Fla.· 1928-02-13 ·cited 59×
  Florida Supreme Court affirmed interlocutory decrees allowing a corporation to assert affirmative relief in equity for payment of promissory notes, rejecting the complainants' argument that the corporation lacked authority to accept a trust arrangement. The court held that once e
• Taylor Woodrow Homes Fla., Inc. v. 4/46-A Corp.
  850 So. 2d 536· Fla. 5th DCA· 2003-01-24 ·cited 58×
  Taylor Woodrow Homes Florida, Inc. and Monarch Homes of Florida, Inc. appeal a judgment awarding Heathrow Land Company $12.1 million in damages for alleged breach of fiduciary duty, fraudulent inducement, and breach of a confidentiality agreement. The court reverses, finding that
• Vernon v. Resolution Tr. Corp. for Freedom Sav. & Loan Ass'n
  907 F.2d 1101· 11th Cir.· 1990-08-03 ·cited 58×
  The court held that the acquisition agreement's explicit exclusion of obligations to stockholders meant the successor institution (New Freedom) was not liable for the shareholders' fraud claims.
• Fed. Sav. & Loan Ins. Corp. for Savannah Sav. & Loan Ass'n v. Haralson
  813 F.2d 370· 11th Cir.· 1987-03-30 ·cited 58×
  The court held that genuine issues of material fact exist regarding whether the plaintiff reasonably relied on the misrepresentation in the financial statement, and whether the fraud claims are barred by the statute of limitations.
• Waggoner v. Dallaire
  649 F.2d 1362· 9th Cir.· 1981-07-10 ·cited 58×
  The court held that an oral understanding cannot modify the trust provisions of a collective bargaining agreement under federal labor law, and that a union is not an agent of the trust fund for purposes of imputing knowledge. The court also found the contract was not an unenforce
• Mergens v. Dreyfoos
  166 F.3d 1114· 11th Cir.· 1999-02-03 ·cited 57×
  Shareholders who sold their minority equity interest in a corporation pursuant to a stock repurchase agreement containing a general release and merger clause could not pursue federal securities fraud or common law fraud claims based on alleged misrepresentations about the company
• SUN Life Assurance Co. OF Canada v. Imperial Premium Fin., LLC
  904 F.3d 1197· 11th Cir.· 2018-09-18 ·cited 56×
  Sun Life Assurance Company of Canada sued Imperial Holdings and its affiliates for acquiring life insurance policies through an alleged fraudulent scheme involving false premium financing representations, while Imperial's subsidiary countersued alleging Sun Life breached the poli
• Delgado v. J.W. Courtesy Pontiac Gmc-Truck, Inc.
  693 So. 2d 602· Fla. 2d DCA· 1997-03-21 ·cited 56×
  Consumers who purchased a vehicle with undisclosed accident damage sued the dealer for fraud and violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). The trial court dismissed both claims under the economic loss rule. The appellate court reversed, holding t
• Baker v. Baker
  394 So. 2d 465· Fla. 4th DCA· 1981-02-11 ·cited 56×
  Mary Louise Baker appealed the trial court's denial of her motion to set aside a property settlement agreement executed in anticipation of divorce. The Fourth District Court of Appeal reversed, finding that the husband's misrepresentations regarding the source and nature of incom
• Khosrow Maleki, P.A. v. M.A. Hajianpour, M.D., P.A.
  771 So. 2d 628· Fla. 4th DCA· 2000-12-06 ·cited 55×
  In this contract interpretation case, the Fourth District Court of Appeal reversed summary judgment in favor of Dr. Hajianpour and held that Dr. Maleki retained his stock option rights under a two-year employment agreement. The court ruled that because Hajianpour provided notice
• Alexander/Davis Props., Inc. v. Graham
  397 So. 2d 699· Fla. 4th DCA· 1981-03-04 ·cited 55×
  Members of a real estate joint venture (Mid-South group) appeal a fraud judgment awarded to their partner David Graham. The court reverses, holding that the Mid-South group's failure to make mortgage payments constituted breach of contract, not actionable fraud, because there was
• Wick v. Atl. Marine, Inc.
  605 F.2d 166· 5th Cir.· 1979-10-24 ·cited 55×
  The court held that if a party alleges fraudulent inducement of an arbitration clause and shows substance to the charge, a judicial trial on that issue is required before a stay pending arbitration can be granted.
• Badon v. Gen. Motors Corp.
  679 F.2d 93· 6th Cir.· 1982-05-25 ·cited 54×
  The court held that the six-month statute of limitations under Section 10(b) of the National Labor Relations Act applies to hybrid Section 301/unfair representation claims, barring the plaintiff's suit as untimely.
• Hosp. Corp. OF Am. v. Fla. Med. Ctr., Inc.
  710 So. 2d 573· Fla. 4th DCA· 1998-02-04 ·cited 53×
  Hospital Corporation of America appealed a jury verdict in favor of Florida Medical Center for breach of implied duties in an option agreement to purchase a psychiatric hospital. The court reversed, holding that FMC could not establish breach of an implied duty of good faith or a
• Sanderson v. Ford Motor Co.
  483 F.2d 102· 5th Cir.· 1973-07-12 ·cited 53×
• Zarrella v. Pac. Life Ins.
  755 F. Supp. 2d 1218· S.D. Fla.· 2010-11-10 ·cited 52×
  The court held that fraud-based claims fail for lack of particularity and reliance, the FDUTPA claim fails as it does not apply to insurers, unjust enrichment fails due to an express contract, negligence fails for lack of a legal duty, negligence per se fails due to no private ri
• Arnott v. The Am. OIL Co.
  609 F.2d 873· 8th Cir.· 1979-10-24 ·cited 52×
  The court held that there was insufficient evidence to support the jury's verdict on the antitrust claim and that the district court erred in instructing the jury that a fiduciary relationship existed as a matter of law.
• Lummus Co. v. Commonwealth OIL Ref. Co., Inc.
  280 F.2d 915· 1st Cir.· 1960-06-16 ·cited 52×
  The court held that it would not consider new evidence on rehearing and denied the petition for rehearing, clarifying its prior decision regarding the scope of arbitration and the stay of proceedings.
• Nat'l Fid. Life Ins. Co. v. Karaganis
  811 F.2d 357· 7th Cir.· 1987-02-02 ·cited 51×
  The court held that the insurer could not rely on a separate smoking statement to void the policy because it was not part of the application as defined by the policy's own terms, and the insurer waived the argument that the initial application contained a misrepresentation.
• Prop. Mgmt. & Invs., Inc. v. Lewis
  752 F.2d 599· 11th Cir.· 1985-02-08 ·cited 51×
  The court held that a state court receiver is immune from suit for actions within the scope of their authority and that the district court properly converted a motion to dismiss into a motion for summary judgment, affirming the dismissal and summary judgment.
• Ultracashmere House, Ltd. v. Meyer
  664 F.2d 1176· 11th Cir.· 1981-12-28 ·cited 51×
  The court held that a federal court may deny a stay of state proceedings and an order compelling arbitration when the party seeking relief has unduly delayed and the state court has already adjudicated the issues.
• Newburger v. Gross
  563 F.2d 1057· 2d Cir.· 1977-08-24 ·cited 51×
  The court affirmed dismissal of the churning claim and certain counterclaims, reversed judgment on the conversion counterclaim and punitive damages, and remanded for recomputation of damages on other counterclaims.
• Beach Resort Hotel Corp. v. Wieder
  79 So. 2d 659· Fla.· 1955-02-25 ·cited 51×
  A lessor (Beach Resort Hotel Corporation) challenges an accounting order in a complicated hotel lease dispute where the trial court imposed liability for improvements and expenses on the lessor that exceeded the lease terms. The Florida Supreme Court quashes the order and directs
• Bookworld Trade, Inc. v. Daughters of St. Paul, Inc.
  532 F. Supp. 2d 1350· M.D. Fla.· 2007-11-16 ·cited 50×
  Bookworld materially breached the agreement by failing to make payments, while PBM's claims for conversion and civil theft against Bookworld are barred by the economic loss rule. Smith is not individually liable on the contract without piercing the corporate veil, which was not s
• Eclipse Med., Inc. v. Am. Hydro-Surgical Instruments, Inc.
  262 F. Supp. 2d 1334· S.D. Fla.· 1999-01-20 ·cited 50×
  The court held that claims for fraudulent inducement based on oral promises contradicting a written contract are barred by the parol evidence rule, Statute of Frauds, and the economic loss doctrine.
• Am. Motorcycle Inst., Inc. v. Mitchell
  380 So. 2d 452· Fla. 5th DCA· 1980-01-02 ·cited 50×
  Mitchell sued American Motorcycle Institute for breach of contract and fraud in inducement based on false representations made to induce her into a licensing agreement. The trial court awarded her $10,000 in compensatory damages for breach of contract and $50,000 in punitive dama
• Associated Heavy Equip. Schs., Inc. v. Masiello
  219 So. 2d 465· Fla. 3d DCA· 1969-02-18 ·cited 50×
  Associated Heavy Equipment Schools appeals a jury verdict awarding compensatory and punitive damages to a student for fraud in the inducement to enroll in a heavy equipment operation course. The court affirms, holding that punitive damages are recoverable for fraud claims even wh
• Ambrosia Coal & Constr. Co. v. Morales
  368 F.3d 1320· 11th Cir.· 2004-05-06 ·cited 49×
  Ambrosia Coal and Construction Company sued Hector Carlos Pagés Morales and other defendants in federal court in Florida, alleging breach of a 1994 settlement agreement regarding a leasehold interest in Puerto Rico real estate, along with fraud, RICO, and other claims. Pagés and
• Schofield v. First Commodity Corp. OF Boston
  793 F.2d 28· 1st Cir.· 1986-06-10 ·cited 49×
  The court held that a corporation cannot be held liable under RICO section 1962(c) as both the "person" and the "enterprise," nor can it be held vicariously liable under principles of respondeat superior for the actions of its agents under that section. The court also affirmed th
• Ogilvie v. Fotomat Corp.
  641 F.2d 581· 8th Cir.· 1981-02-18 ·cited 49×
  The court held that the jury instructions for fraud were proper, but the antitrust conspiracy judgments were erroneous because Fotomat and its subsidiary Fotomat Labs constituted a single economic entity incapable of conspiracy. Punitive damages were excessive and ordered reduced
• Scarborough v. Atl. Coast Line R. Co.
  178 F.2d 253· 4th Cir.· 1949-12-03 ·cited 49×
  The court held that the Federal Employers' Liability Act's statute of limitations, even if substantive, can be tolled by the defendant's fraudulent conduct that induces the plaintiff to delay filing suit.
• Samuels v. King Motor Co. of Fort Lauderdale
  782 So. 2d 489· Fla. 4th DCA· 2001-03-28 ·cited 48×
  Samuels and Jones-Samuels appealed a trial court's dismissal of their complaint against King Motor Company regarding a car purchase where King Motor allegedly disposed of their trade-in vehicle despite claiming the transaction was contingent on financing approval. The Fourth DCA
• Hirk v. Agri-Research Council, Inc.
  561 F.2d 96· 7th Cir.· 1977-09-06 ·cited 48×
  A discretionary trading account is not an investment contract or profit-sharing agreement under the Securities Acts if the investor's fortunes are not interwoven with and dependent upon the efforts and success of others, particularly if funds are not pooled. Fraudulent solicitati
• Stateside Mach. Co., Ltd. v. Alperin
  526 F.2d 480· 3d Cir.· 1975-12-01 ·cited 48×
  The denial of a preliminary injunction to stay arbitration is not an appealable interlocutory order under 28 U.S.C. § 1292(a)(1) because it does not cause irreparable harm, and a stay of a hybrid legal/equitable action is also not appealable.
• Roth v. Cohen
  941 So. 2d 496· Fla. 3d DCA· 2006-11-08 ·cited 47×
  Peter and Marilyn Roth appealed a trial court order compelling arbitration of their counterclaim against Alan Cohen. The Third District Court of Appeal reversed, holding that Cohen waived his right to compel arbitration by filing defamation claims in circuit court, even though th
• Barnes v. Burger King Corp.
  932 F. Supp. 1420· S.D. Fla.· 1996-03-29 ·cited 47×
  The court affirmed the magistrate judge's recommendation to grant summary judgment for Burger King on the fraud in the inducement claim, finding the plaintiff's reliance on pre-contractual representations was unjustifiable.
• Woodson v. Martin
  663 So. 2d 1327· Fla. 2d DCA· 1995-11-17 ·cited 47×
  The economic loss rule bars a homebuyer's fraud in the inducement claim against a real estate agent when the only damages claimed are economic losses from the property itself, as disappointed contractual expectations are a core concern of contract law rather than tort law.
• Harlan Alonzo Smith v. Lightning Bolt Prods., Inc.
  861 F.2d 363· 2d Cir.· 1988-11-10 ·cited 47×
  The court affirmed the award of compensatory damages but vacated the award of punitive damages, remanding for further proceedings due to improper joint imposition and potential excessiveness.
• Papcun v. Piggy BAG Discount Souvenirs
  472 So. 2d 880· Fla. 5th DCA· 1985-07-18 ·cited 47×
  Appellants appealed a trial court's order granting a new trial in a breach of promissory note case where the jury found fraud and awarded compensatory and punitive damages. The appellate court reversed, holding that the jury's fraud finding was supported by evidence independent o
• Merrill v. Lelia C. Benton
  467 So. 2d 311· Fla. 5th DCA· 1985-01-17 ·cited 47×
  A party who voluntarily executes a contract knowing it establishes contractual relations but without reading it is bound by its terms in the absence of coercion, duress, fraud, or other grounds justifying rescission. One unable to read English is bound by contract terms signed wi
• Fed. Deposit Ins. Corp. v. Hatmaker
  756 F.2d 34· 6th Cir.· 1985-03-01 ·cited 46×
  The court held that an oral agreement to fill in a specific amount on a blank promissory note is an agreement that tends to diminish the FDIC's interest in the asset and is therefore unenforceable against the FDIC under 12 U.S.C. § 1823(e) if not in writing and properly recorded.
• Alley v. Miramon
  614 F.2d 1372· 5th Cir.· 1980-04-10 ·cited 46×
  The court held that the plaintiff had standing to sue under the 'forced seller' doctrine because the fraudulent corporate liquidation compelled him to convert his shares to a claim for cash.
• KEL Homes, LLC v. Michael and Tonia Burris
  933 So. 2d 699· Fla. 2d DCA· 2006-07-21 ·cited 45×
  Kel Homes appealed the trial court's denial of its motion to dismiss claims arising from a home construction contract dispute. The court held that the specific performance count falls outside the arbitration agreement's scope, but the fraud in the inducement count falls within it
• YUN Enters., Ltd. v. Graziani
  840 So. 2d 420· Fla. 5th DCA· 2003-03-21 ·cited 45×
  The court held that while the trial court correctly granted summary judgment due to insufficient documentation of a contract, it abused its discretion in denying the plaintiff an opportunity to amend its complaint.
• Quarles v. Fuqua Indus., Inc.
  504 F.2d 1358· 10th Cir.· 1974-11-05 ·cited 45×
  The court held that Fuqua Industries, Inc. did not transact business in Kansas, and therefore the trial court correctly lacked personal jurisdiction over Fuqua.
• Shiver v. Wharton
  9 So. 3d 687· Fla. 4th DCA· 2009-04-15 ·cited 44×
  Bob Shiver appealed the trial court's denial of his motion to vacate default and final judgments in a fraud and breach of contract case. The Fourth District Court of Appeal affirmed, holding that Shiver's motion under Rule 1.540(b)(1) was untimely under the Bankruptcy Code and th
• Sierra Equity Grp., Inc. v. White Oak Equity P'rs, LLC
  650 F. Supp. 2d 1213· S.D. Fla.· 2009-03-30 ·cited 44×
  The court held that it would defer ruling on personal jurisdiction over the defendants because the jurisdictional issues were intertwined with the merits of the case, and also found that White Oak consented to jurisdiction by contract.