Fraudulent Inducement

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

• Parque Towers Developers, LLC v. Pilac Mgmt., Ltd.
  395 So. 3d 189· Fla. 3d DCA· 2024-01-17 ·cited 3×
  This case involves a dispute over condominium purchase agreements. The appellate court found that the developer was not liable for breach of contract for failing to complete units by an estimated date, nor for fraud regarding unit square footage due to explicit waivers in the con
• City of Fort Lauderdale v. Tropical Paradise Resorts, LLC
  372 So. 3d 663· Fla. 4th DCA· 2023-10-04 ·cited 3×
  The City of Fort Lauderdale appealed a denial of its motion to dismiss a third-party complaint filed by a hotel. The hotel sued the City for negligence and breach of contract after a guest, who received a voucher from the City, allegedly murdered another guest. The appellate cour
• Avant Design Grp., Inc. v. Aquastar Holdings, LLC
  351 So. 3d 62· Fla. 3d DCA· 2022-10-12 ·cited 3×
  Aquastar Holdings purchased a condominium unit and hired Avant Design Group to administer the build-out under a contract providing for cost-plus pricing with a 20% administrative fee. When Aquastar became concerned about mounting costs and Avant's refusal to disclose vendor invoi
• Homeowners Choice Prop. & Cas. Ins. Co. v. Fraser
  346 So. 3d 228· Fla. 3d DCA· 2022-09-07 ·cited 3×
  A partial summary judgment disposing of only a declaratory judgment count is not appealable when other interrelated claims based on the same facts remain pending before the trial court, as such claims are not separate and distinct causes of action under Rule 9.110(k).
• Carolina Cas. Ins. Co. v. Spicer
  323 So. 3d 350· Fla. 1st DCA· 2021-06-29 ·cited 3×
  The appellate court affirmed a lower court's order granting partial summary judgment to a bankruptcy trustee. The trustee sought to recover an arbitration award from an insurance company, which denied coverage based on a breach of contract exclusion in its policy. The court found
• Island Travel & Tours Ltd. Co. v. Myr Indep., Inc.
  45 Fla. L. Weekly D704· Fla. 3d DCA· 2020-09-02 ·cited 3×
  This case involves an appeal by defendants (Island Travel & Tours Ltd., Co., et al.) against orders granting the plaintiff (MYR Independent, Inc.) attorney's fees based on settlement proposals and denying the defendants' motion for fees under the civil theft statute. The appellat
• Surijon v. Zarria
  278 So. 3d 328· Fla. 3d DCA· 2019-09-04 ·cited 3×
  The appellate court reversed a "Summary Final Judgment" because it was improperly entered as a final judgment when some claims remained pending. The court clarified that the order should have been interlocutory regarding the granted claim and retained jurisdiction for the others.
• Muchnick v. Goihman
  245 So. 3d 978· Fla. 3d DCA· 2018-05-02 ·cited 3×
  An individual agent may be held personally liable in tort for negligence even when acting within the scope of employment, and an undertaker who voluntarily undertakes to repair property assumes a duty of reasonable care to exercise that duty carefully.
• Jester v. Pawley
  245 So. 3d 859· Fla. 3d DCA· 2018-01-24 ·cited 3×
  The statute of frauds does not bar an unjust enrichment claim, and such a claim cannot be dismissed for failure to state a cause of action based on matters outside the four corners of the complaint.
• Watson v. Stewart Tilghman FOX & Bianchi, P.A.
  195 So. 3d 1163· Fla. 4th DCA· 2016-06-29 ·cited 3×
  In this appellate decision, the Fourth District Court of Appeal clarified the law governing when trial courts may award attorney's fees under Florida Statute § 57.105 on their own initiative. The court held that a trial court does not abuse its discretion in awarding such fees on
• Daria Pastouhkova Gogoleva v. Soffer
  187 So. 3d 268· Fla. 3d DCA· 2016-02-17 ·cited 3×
  Gogoleva appeals orders dismissing her complaint against defendants for fraudulent inducement regarding a settlement release of a helicopter crash that killed her husband. The court affirms dismissal of her rescission claim due to indispensable parties but reverses dismissal of h
• Hendricks v. Dep't of Bus. & Prof'l Reg.
  183 So. 3d 1172· Fla. 5th DCA· 2016-01-08 ·cited 3×
  Appellants sought recovery from the Florida Real Estate Recovery Fund after obtaining default judgments against licensed real estate brokers for fraud and misrepresentation in home purchase transactions. The court reversed the FREC's denial of their claims, holding that the broke
• Citizens Prop. Ins. Corp. v. Ernesto and Rebecca Bascuas
  178 So. 3d 902· Fla. 3d DCA· 2015-10-14 ·cited 3×
  Citizens Property Insurance appealed orders awarding attorney's fees and costs to insureds Bascuas under Florida's insurance statute. The court affirmed the award of fees to Bascuas for successfully defending against Citizens' unjust enrichment counterclaim, rejecting Citizens' a
• Jackson Padgett and Mark Negrete v. Kessinger
  190 So. 3d 105· Fla. 4th DCA· 2015-04-08 ·cited 3×
  In this breach of contract case involving the sale of a restaurant business, the appellate court held that buyers who prevailed on the seller's breach of contract claim were entitled to attorney's fees even though they lost their own fraudulent inducement counterclaim. The court
• Peterson v. Lundin
  148 So. 3d 784· Fla. 2d DCA· 2014-07-18 ·cited 3×
  This case involves a dispute over ownership and possession of a Bedlington Terrier named Krystal. The circuit court granted partial summary judgment in favor of Ronald Lundin on his replevin claim and ordered the Petersons to return the dog. The appellate court reversed, finding
• Kalmanowitz v. Amerada Hess Corp.
  125 So. 3d 836· Fla. 4th DCA· 2013-04-03 ·cited 3×
  A gas station franchisee sued franchisor Amerada Hess Corporation for claims arising from alleged misrepresentations by Hess employee Tim Brink that induced the franchisee to invest $2.25 million in a Hess-branded station. The trial court granted summary judgment against all clai
• Black Diamond Props., Inc. v. Haines
  69 So. 3d 1090· Fla. 5th DCA· 2011-09-23 ·cited 3×
  Black Diamond Properties and related defendants appealed a jury verdict awarding damages for false and misleading advertising under Florida's statutory fraud statute to purchasers of golf club memberships. The Fifth District Court of Appeal reversed the judgment as to most plaint
• Natarajan v. Paul Revere Life Ins.
  720 F. Supp. 2d 1321· M.D. Fla.· 2010-06-18 ·cited 3×
  The court held that genuine issues of material fact exist regarding the plaintiff's occupation and ability to perform his specialty, thus precluding summary judgment on the breach of contract claim. The court also found triable issues of fact regarding the fraud claims.
• Allyson Parham v. Fla. Health Scis. Ctr., Inc.
  35 So. 3d 920· Fla. 2d DCA· 2010-03-31 ·cited 3×
  In this wrongful death and medical malpractice case, the Florida Second District Court of Appeal affirmed a $350,000 damages award to the mother under Florida's statutory cap on noneconomic damages in medical negligence cases, reversed the trial court's denial of damages to the f
• Shandong Airlines Co., Ltd. v. Capt, LLC
  650 F. Supp. 2d 1202· M.D. Fla.· 2009-06-26 ·cited 3×
  The court granted partial final default judgment on breach of contract and fraudulent inducement claims, awarding specified damages, and dismissed other claims as moot.
• Output, Inc. v. Danka Bus. Sys., Inc.
  991 So. 2d 941· Fla. 4th DCA· 2008-09-03 ·cited 3×
  Output, Inc. sued Canon for fraudulent misrepresentation based on a Canon representative's statement that a copier could duplex with exact registration. The trial court dismissed the claim as a matter of law, reasoning that Output could not recover for fraud regarding an oral mis
• Scaturro v. Seminole Cas. Ins.
  542 F. Supp. 2d 1290· S.D. Fla.· 2008-01-03 ·cited 3×
  The court held that the plaintiff failed to plead a securities fraud claim under section 10(b) because he did not allege fraud in connection with interstate commerce and failed to plead material misrepresentations or omissions with the required particularity.
• Mazza v. Rose Media Grp., Inc.
  937 So. 2d 307· Fla. 4th DCA· 2006-09-20 ·cited 3×
  Plaintiffs appealed summary judgments and judgments on the pleadings dismissing their claims for civil theft, accounting, dissolution of partnerships, and receivership against various corporate defendants in a dispute over whether monies were loans or investments in adult enterta
• Off. Depot, Inc. v. Marsh & McLENNAN Cos., Inc.
  937 So. 2d 1139· Fla. 4th DCA· 2006-08-16 ·cited 3×
  Office Depot challenged a circuit court order staying its state court lawsuit against Marsh & McLennan and insurance companies pending resolution of a multidistrict class action in New Jersey federal court. The Florida appellate court found the stay was granted based on an errone
• Guest v. Claycomb
  932 So. 2d 567· Fla. 5th DCA· 2006-06-30 ·cited 3×
  Guest appealed summary judgment dismissing his six-count complaint against the Claycombs for failing to return property transferred under an alleged oral agreement. The Fifth District Court of Appeal reversed as to counts V and VI (constructive trust and equitable lien), holding
• Affinity Internet, Inc. v. Consol. Credit Counseling Servs., Inc.
  920 So. 2d 1286· Fla. 4th DCA· 2006-03-01 ·cited 3×
  The trial court did not err in denying the motion to compel arbitration without an evidentiary hearing because the contract did not sufficiently incorporate the arbitration clause from the collateral document.
• Vance Realty Grp., Inc. v. Park Place AT Metrowest
  909 So. 2d 516· Fla. 5th DCA· 2005-08-26 ·cited 3×
  Vance Realty Group deposited lease payments into the court registry without court authorization or notice to the landlord, then sought to prevent disbursement to the landlord. The Fifth District Court of Appeal reversed the trial court's order disbursing the funds, holding that d
• Steinberg v. Kearns
  907 So. 2d 691· Fla. 4th DCA· 2005-08-03 ·cited 3×
  The court held that fraudulent inducement claims are not barred by the statute of frauds if they allege facts separate from the contract breach, and that amended claims relate back to the original filing date if they arise from the same conduct, transaction, or occurrence.
• M & M Aircraft Servs., Inc. v. EC Techs., Inc.
  911 So. 2d 161· Fla. 3d DCA· 2005-07-13 ·cited 3×
  The court affirmed both the appeal and cross-appeal, finding that M&M could not recover additional damages on its fraudulent inducement claim due to the economic loss doctrine and that EC waived its challenge to the claim's pleading and proof.
• Univ. of Miami v. Intuitive Surgical, Inc.
  353 F. Supp. 2d 1230· S.D. Fla.· 2005-01-27 ·cited 3×
  The court held that the defendant was entitled to summary judgment on all claims because the plaintiff failed to produce evidence of breach of contract, fraud, or promissory estoppel, and the contract did not obligate the seller to continue developing upgrades for the purchased s
• The Dist. Bd. OF Trs. v. Morgan
  890 So. 2d 1155· Fla. 5th DCA· 2004-12-17 ·cited 3×
  The Fifth District Court of Appeal affirmed a judgment in favor of an architectural partnership that sued for payment despite failing to obtain a required certificate of authorization. The court held that contracts violating Florida's certificate of authorization requirement are
• Sunset Pointe AT Silver Lakes Assocs., Ltd. v. Vargas
  881 So. 2d 12· Fla. 4th DCA· 2004-06-23 ·cited 3×
  The court held that oral statements contradicting a written contract are inadmissible under the parol evidence rule, even if claimed as inducement.
• DYE v. Advantage Venture P'rs, Ltd.
  869 So. 2d 630· Fla. 5th DCA· 2004-03-19 ·cited 3×
  Laura Dye appealed the dismissal of her second amended complaint against Advantage Venture Partners. The court affirmed dismissal of her fraud and piercing the corporate veil claims but reversed dismissal of her tortious interference and quantum meruit claims, finding those count
• Jackson v. BellSouth Telecomms., Inc.
  2001 WL 1658587· S.D. Fla.· 2001-09-17 ·cited 3×
  The court held that plaintiffs' Section 1981 claim against the Ruden McClosky defendants could proceed based on allegations of disparate treatment, but the claim against BellSouth was dismissed. Federal and state RICO claims were dismissed for failure to sufficiently allege conti
• Tindall v. Gibbons
  156 F. Supp. 2d 1292· M.D. Fla.· 2001-08-14 ·cited 3×
  The court held that Count I would be stayed, Counts II and III were dismissed for failure to state a claim, and Count IV was dismissed for lack of subject matter jurisdiction under the Rooker-Feldman doctrine.
• Profilet v. Cambridge Fin. Corp.
  231 B.R. 373· S.D. Fla.· 1999-02-11 ·cited 3×
  The court held that the Trustee has standing to bring securities fraud claims, met pleading requirements for most claims, but failed to plead justifiable reliance for the Florida Blue Sky Law claim and continuity for the Florida RICO claim.
• 17070 Collins Ave. v. Granite State Ins. Co.
  720 So. 2d 1132· Fla. 3d DCA· 1998-11-04 ·cited 3×
  R.K. Associates, owner of a shopping center, appealed the dismissal of its complaint against an insurer and insurance agent. The trial court had dismissed the complaint with prejudice after ordering the insured to add an express request for rescission of a release/settlement agre
• Cowley v. Nero
  693 So. 2d 120· Fla. 2d DCA· 1997-05-09 ·cited 3×
  Eleanor Cowley purchased real property from Larry Nero and sued for fraudulent and negligent misrepresentation. After initially prevailing at trial, the trial court granted Nero's motion for rehearing and vacated the judgment based on the economic loss rule. The appellate court r
• Pearson v. Ford Motor Co.
  694 So. 2d 61· Fla. 1st DCA· 1997-04-14 ·cited 3×
  Gary Pearson, an African American businessman and minority shareholder of a Ford dealership, appealed summary judgment dismissing his ten-count complaint against Ford and related entities. The court reversed summary judgment on counts alleging breach of contract, fraud, conversio
• Roth v. Nautical Eng'g Corp.
  654 So. 2d 978· Fla. 4th DCA· 1995-04-26 ·cited 3×
  Barry Roth appealed a summary judgment dismissing his fraud claims against boat designer Harry Schoell and related corporations. The Fourth District reversed the summary judgment on the fraud claim, holding that a corporate officer remains individually liable for his own torts de
• RAY v. Elks Lodge # 1870 OF Stuart
  649 So. 2d 292· Fla. 4th DCA· 1995-01-18 ·cited 3×
  In this real estate contract dispute, the Fourth District Court of Appeal reversed a judgment on the pleadings dismissing Ray's claims for breach of contract and fraud in the inducement against Elks Lodge members. The court held that a liquidated damages clause cannot serve as a
• NCR Credit Corp. v. Reptron Elecs., Inc.
  863 F. Supp. 1561· M.D. Fla.· 1994-10-03 ·cited 3×
  The court held that disputed factual issues regarding the agency relationship between AT&T and NCR must be arbitrated, and all claims between the parties are stayed pending arbitration.
• Pearson v. Ford Motor Co.
  865 F. Supp. 1504· N.D. Fla.· 1994-09-30 ·cited 3×
  The court held that the plaintiff lacked standing to sue under the federal Automobile Dealers' Day in Court Act because he was not an 'automobile dealer' as defined by the statute, and his claims were also barred by the statute of limitations and failed to allege the requisite co
• Robert P. Banks, III v. Pub. Storage Mgmt., Inc.
  585 So. 2d 476· Fla. 3d DCA· 1991-09-10 ·cited 3×
  A party cannot contractually limit liability in a contract induced by fraud.
• Acquisition Corp. of Am. v. Fed. Deposit Ins.
  1991 WL 57905· S.D. Fla.· 1991-03-25 ·cited 3×
  The court held that a settlement agreement's release of claims is enforceable, as any alleged oral agreement to extend a payment deadline is barred by the parol evidence rule and merger doctrine, or fails for lack of consideration as a subsequent modification.
• Morgan Guar. Tr. Co. OF NEW York v. Republic OF Palau
  924 F.2d 1237· 2d Cir.· 1991-02-04 ·cited 3×
  The court held that the Republic of Palau is not a foreign state under the Foreign Sovereign Immunities Act (FSIA) because it lacks essential attributes of statehood and remains a United Nations Trust Territory administered by the United States. Therefore, removal jurisdiction wa
• First Tex. Sav. Ass'n v. Comprop Inv. Props. Ltd.
  752 F. Supp. 1568· M.D. Fla.· 1990-11-08 ·cited 3×
  The court held that genuine issues of material fact exist regarding contract ambiguities, waiver, good faith, conditions precedent, and the applicability of the D'Oench doctrine, precluding summary judgment.
• E. Bay Ltd. P'ship v. Am. Gen. Life & Accident Ins.
  744 F. Supp. 1118· M.D. Fla.· 1990-09-07 ·cited 3×
  Summary judgment was granted for the defendant on all counts because the plaintiff failed to establish genuine issues of material fact regarding the defendant's alleged interference with a business relationship, economic duress, fraudulent inducement, and breach of good faith.
• Hobart E. Rosen v. Ira Spanierman & Ira Spanierman Gallery
  894 F.2d 28· 2d Cir.· 1990-01-08 ·cited 3×
  The court held that breach of warranty claims are barred by the statute of limitations because the warranty did not explicitly extend to future performance, but the Rosens stated a claim for common law fraud.
• Adler v. Rimes
  545 So. 2d 421· Fla. 4th DCA· 1989-06-14 ·cited 3×
  The trial court erred in denying the appellant's request for a jury trial to determine the validity of the arbitration agreements when the making of those agreements was genuinely in issue.