Fraudulent Inducement

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

• Marks v. M.S.F. Mgmt. Corp.
  540 So. 2d 138· Fla. 5th DCA· 1989-03-02 ·cited 3×
  The Florida District Court of Appeal affirmed a summary judgment against a real estate salesman, Robert Marks, and his brokerage, Pembroke Realty. The court held that Marks, as a salesman, could not sue the seller directly for a commission due to statutory restrictions, and his b
• Boyd v. Merrill Lynch
  614 F. Supp. 940· S.D. Fla.· 1985-07-25 ·cited 3×
  The court held that the plaintiff's allegations of fraudulent inducement regarding the arbitration clause were insufficient to prevent arbitration, as the plaintiff failed to demonstrate that the defendants knew of her condition or that their silence was misleading.
• Enrico Farms, Inc. v. H. J. Heinz Co.
  629 F.2d 1304· 9th Cir.· 1980-08-28 ·cited 3×
  Parol evidence cannot be admitted to directly contradict the terms of a written contract, even if the writing is not a complete integration of the agreement.
• Espaillat v. Berlitz Schs. OF Languages OF Am., Inc.
  D.D.C.· 1967-08-16 ·cited 3×
  The court held that the measure of damages for fraudulent inducement of a personal service contract should be the value of the contract to the defrauded party, not strictly the 'out of pocket' or 'benefit of the bargain' rules applied to property transactions.
• Rogers v. Riddle
  128 So. 2d 409· Fla. 3d DCA· 1961-03-30 ·cited 3×
  Stockholders of Riddle Airlines sought to rescind their stock sales to the company's president John Paul Riddle, alleging he committed fraud by failing to disclose that wealthy investor Arthur Vining Davis was planning to purchase stock in the corporation. The trial court denied
• The Equitable Life Assurance Soc'y of the United States v. McKeithen
  130 Fla. 568· Fla.· 1938-01-07 ·cited 3×
  The Florida Supreme Court held that an insurance company cannot plead fraud in the procurement of a policy in a second action on the same contract when it knew of the alleged fraud before the first action and failed to raise it as a defense. The court established that a judgment
• Reddish v. Ritchie
  17 Fla. 867· Fla.· 1880-06-01 ·cited 3×
  This case concerns the foreclosure of a non-negotiable note and mortgage. The court held that the assignee of the note took it subject to equities between the original parties, specifically a failure of consideration for a portion of the note, and thus the foreclosure could not p
• Frutafino v. Dole Chile, S.A.
  405 So. 3d 497· Fla. 3d DCA· 2025-03-05 ·cited 2×
  This case involves a dispute between fruit seller Dole Chile and distributor Frutafino over unpaid invoices. The court reversed a jury verdict finding civil theft and fraudulent inducement, holding that the tort claims were barred by the independent tort doctrine because they wer
• Buckley v. Rubino
  406 So. 3d 968· Fla. 3d DCA· 2025-02-19 ·cited 2×
  Buckley appeals a final order dismissing his civil complaint against Rubino with prejudice for willful failure to comply with court orders requiring amendment of his complaint. The court affirmed the dismissal, holding that the trial court did not abuse its discretion in dismissi
• Beachway Rests. 2 & James Wigg v. Santo & June, Inc.
  386 So. 3d 961· Fla. 4th DCA· 2024-05-29 ·cited 2×
  Business purchasers sued brokers for negligence and negligent information supplied, alleging failure to disclose material financial information. The trial court dismissed based on the two-year statute of limitations for professional malpractice, but the appellate court reversed b
• Fahed Fayad, M.D. v. Univ. of Miami
  395 So. 3d 203· Fla. 3d DCA· 2024-05-08 ·cited 2×
  Dr. Fahed Fayad, a radiologist, sued the University of Miami for breach of contract and fraud in the inducement after the hospital was reorganized and his admitting privileges were not automatically continued. The appellate court affirmed the directed verdict on the fraud claim b
• Bashar M. Yatak & 52 SW 5th Ct. v. La Placita Grocery of Fort Pierce Corp. & Dilson S. Urribarri
  383 So. 3d 497· Fla. 4th DCA· 2024-02-14 ·cited 2×
  The trial court erred procedurally by granting a motion to amend to add punitive damages claims when the movant failed to attach the proposed amended complaint to the motion and filed its proffer of evidence only two days before the hearing instead of the required twenty days in
• Universal Med. Inv. Corp. v. Mike Rollison Fence, LLC
  331 So. 3d 242· Fla. 1st DCA· 2021-11-17 ·cited 2×
  The appellate court reversed a trial court's decision that found a letter of understanding ambiguous. The court held that the language was clear and unambiguous, and therefore, the trial court erred in construing it against the drafter.
• Troncoso v. Larrain
  307 So. 3d 965· Fla. 3d DCA· 2020-10-28 ·cited 2×
  The appellate court affirmed the trial court's denial of a mother's motion to intervene in her son's lawsuit. The court found that her claimed interest was too remote and derivative, and her proposed claims would have unduly complicated the existing litigation.
• THE Arbitrage Fund v. Petty
  307 So. 3d 119· Fla. 3d DCA· 2020-07-22 ·cited 2×
  The Third District Court of Appeal reversed a trial court's order denying class certification, finding that the Unaffiliated Shareholder had standing to bring a direct suit for breach of fiduciary duties. The court held that the inability of some shareholders to retain equity in
• Fountainbleau, LLC v. Hire US, Inc.
  273 So. 3d 1152· Fla. 2d DCA· 2019-06-07 ·cited 2×
  A trial court must determine personal jurisdiction over a defendant before ordering arbitration; ordering arbitration without first determining jurisdiction is a departure from the essential requirements of law and an excess of jurisdiction. A court cannot compel a nonresident de
• Dilson S. Urribari & la Placita Grocery of Fort Pierce Corp. v. 52 SW 5TH CT Whse, LLC
  266 So. 3d 1257· Fla. 4th DCA· 2019-03-20 ·cited 2×
  A trial court errs in granting a motion for judgment on the pleadings when it considers documents not attached to the pleading being ruled upon and when it relies on material allegations that have been denied in the opposing party's answer, which must be taken as false.
• Garcia-Mathies Interiors v. Pere
  259 So. 3d 213· Fla. 3d DCA· 2018-10-24 ·cited 2×
  A party must be given notice and an opportunity to be heard, including the opportunity to present evidence of extenuating or mitigating circumstances, before a trial court strikes the party's pleadings as a sanction for discovery violations. The trial court abused its discretion
• Diaz v. Kosch
  250 So. 3d 156· Fla. 3d DCA· 2018-06-13 ·cited 2×
  Buyers appealed summary judgments in a failed residential real estate transaction, challenging the trial court's determination that they forfeited their right to cancel the contract and their earnest money deposit. The Florida District Court of Appeal, Third District affirmed, ho
• 940 Lincoln Rd. Assocs. LLC v. 940 Lincoln Rd. Enters., Inc.
  237 So. 3d 1099· Fla. 3d DCA· 2017-12-27 ·cited 2×
  The Florida Third District Court of Appeal affirmed summary judgment for sellers in a commercial real estate dispute where buyers claimed they were fraudulently induced to terminate two purchase agreements and alleged an oral agreement to resell the properties on the same terms a
• Conlen v. Nat'l Credit Union Admin. Bd.
  104 So. 3d 1208· Fla. 2d DCA· 2012-12-14 ·cited 2×
  Appellants in two consolidated foreclosure cases challenged the trial court's grant of summary judgment in favor of the National Credit Union Administration Board (NCUA) as liquidating agent for a failed credit union. The court affirmed the judgments, holding that the D'Oench doc
• Martin v. In re the Adoption OF L.M.D.
  64 So. 3d 758· Fla. 3d DCA· 2011-07-05 ·cited 2×
  The Florida District Court of Appeal held that Florida's statute of repose for adoptions imposes a strict one-year time limit for all motions to vacate adoption judgments, with no exceptions for fraud claims. The court reversed the trial court's denial of the adoptive parents' mo
• J. Robert Brown under the Buckeye Rd. Tr. Agreement dated April 15 v. Chamax, LLC
  51 So. 3d 552· Fla. 2d DCA· 2010-12-22 ·cited 2×
  The Buckeye Road Trust appeals the dismissal of fraud claims against Chamax managers and owner. The court reversed the dismissal of claims alleging misrepresentation of actual costs, but affirmed dismissal of fraudulent inducement claims, and remanded for the trial court to consi
• Gordon v. Gordon
  25 So. 3d 615· Fla. 4th DCA· 2009-12-23 ·cited 2×
  In this family law appeal, the Fourth District Court of Appeal affirmed a trial court's validation of a prenuptial agreement between Mary Lou Gordon and Michael A. Gordon, rejecting the former wife's challenge that the agreement was procured through fraud, misrepresentation, or d
• Yusem v. Butler
  10 So. 3d 1159· Fla. 4th DCA· 2009-05-27 ·cited 2×
  On remand from the Florida Supreme Court, the Fourth District Court of Appeal reconsidered whether the trial court's judgment could be affirmed under the "Tipsy Coachman" rule (right result, wrong reason). The court affirmed the denial of Butler's fraud and negligent misrepresent
• Mara M. Rankin v. Vannessa van Vorgue
  994 So. 2d 463· Fla. 3d DCA· 2008-11-05 ·cited 2×
  The court dismissed the appeal of the denial of partial summary judgment for lack of jurisdiction and reversed the denial of the motion to release escrow funds.
• Concept Stores Miami, Inc v. Bakery Assocs., Ltd.
  990 So. 2d 1118· Fla. 3d DCA· 2008-07-30 ·cited 2×
  Concept Stores Miami appealed the dismissal of its fraud and negligent misrepresentation claims against Bakery Associates and Simon Property Group entities. The court affirmed, holding that the economic loss rule barred tort recovery where the alleged misrepresentations were inse
• Saturn Telecomms. Servs., Inc. v. Covad Commc'ns Co.
  560 F. Supp. 2d 1278· S.D. Fla.· 2008-06-09 ·cited 2×
  The court held that an arbitrator does not exceed his powers by invalidating a contractual damages limitation provision under applicable state law when the arbitration agreement broadly grants authority to resolve disputes.
• M.A. Hajianpour, M.D., P.A. v. Khosrow Maleki, P.A.
  975 So. 2d 1288· Fla. 4th DCA· 2008-03-19 ·cited 2×
  Hajianpour appeals a trial court order denying his request for prevailing party attorney's fees in a contract dispute with Maleki. The court held that Hajianpour was not the prevailing party on the significant issues in litigation because the parties essentially battled to a draw
• Halifax Paving, Inc. v. United States Fire Ins.
  481 F. Supp. 2d 1331· M.D. Fla.· 2007-04-06 ·cited 2×
  The court held that the letter agreement between Halifax and VCC constituted payment for the invoices, and therefore U.S. Fire, as surety, was not liable on the payment bond for those amounts.
• Corporate Fin., Inc. v. Principal Life Ins.
  461 F. Supp. 2d 1274· S.D. Fla.· 2006-11-20 ·cited 2×
  The court held that the 2003 Group Compensation Agreement clearly and unambiguously terminated the obligation to pay commissions upon termination of the agreement, and thus Principal Life was not obligated to pay commissions after termination.
• Rivera v. AT & T Corp.
  420 F. Supp. 2d 1312· S.D. Fla.· 2006-02-23 ·cited 2×
  The court held that the arbitration provision in AT&T's Customer Services Agreement is binding on the plaintiffs, and their motion to amend their complaint to avoid arbitration is denied.
• Jmic Life Ins. Co. v. Henry
  922 So. 2d 998· Fla. 5th DCA· 2005-12-30 ·cited 2×
  JMIC Life Insurance Company sought certiorari review of a trial court order compelling discovery of employee depositions and documents in a bad faith insurance claim. The appellate court denied the petition, holding that the trial court properly ordered discovery and that JMIC fa
• Jensen v. Sierra Grill, Inc.
  876 So. 2d 1264· Fla. 3d DCA· 2004-07-07 ·cited 2×
  Jim Jensen sued Sierra Grill and other defendants for breach of contract and fraud related to an employment agreement. After Sierra Grill failed to respond to the complaint, Jensen obtained a default judgment, but Sierra Grill moved to set aside the default and dismiss for lack o
• Burns v. Radisson Seven Seas Cruises, Inc.
  867 So. 2d 1191· Fla. 4th DCA· 2004-03-03 ·cited 2×
  Eugene Burns, a California resident injured in a slip-and-fall on a foreign cruise ship, appealed the dismissal of his lawsuit based on a forum selection clause requiring U.S. citizens to sue in Paris, France. The court affirmed the dismissal, holding that forum selection clauses
• MAY v. Allapattah Props. P'ship
  867 So. 2d 442· Fla. 4th DCA· 2004-02-04 ·cited 2×
• M.A.M. v. Viscount
  848 So. 2d 1258· Fla. 4th DCA· 2003-07-09 ·cited 2×
  The court held that an order denying a natural father's motion to withdraw consent to adoption is appealable and that the father failed to prove his consent was obtained by fraud or duress.
• Fun Spot of Fla., Inc. v. Magical Midway of Cent. Fla., Ltd.
  242 F. Supp. 2d 1183· M.D. Fla.· 2002-11-06 ·cited 2×
  The court adopted the Magistrate Judge's recommendation, granting summary judgment for plaintiffs on several affirmative defenses and part of the counterclaim, while denying summary judgment for defendants on their motion.
• Vaughn v. Munn
  826 So. 2d 1094· Fla. 5th DCA· 2002-10-04 ·cited 2×
  The Vaughns sold a waterfront home to Munn for $325,000. Munn later discovered termite damage and water problems, demolished the house, and rebuilt for $343,000, then sued for breach of the sales contract's disclosure warranty and fraud. The appellate court reversed the damages a
• Harper v. E.I. DU Pont de Nemours & Co.
  802 So. 2d 505· Fla. 4th DCA· 2001-12-26 ·cited 2×
  Ornamental plant growers petitioned for a writ of certiorari to quash a stay of their state court fraud actions alleging fraudulent inducement into settling prior product liability claims. The court held that staying a first-filed state court action pending disposition of subsequ
• Bombardier Cap. Inc. v. Progressive Mktg. Grp., Inc.
  801 So. 2d 131· Fla. 4th DCA· 2001-11-14 ·cited 2×
  Bombardier Capital sought to enforce a mandatory forum selection clause in financing documents requiring disputes be litigated in New York courts. The trial court denied the motion to dismiss for improper venue, reasoning the clause was no longer applicable because BCI had reloca
• In re Est. OF William J. Fleming v. Fleming
  786 So. 2d 660· Fla. 4th DCA· 2001-06-13 ·cited 2×
  The court held that the two-year statutory period of non-claim for estate actions is absolute and cannot be extended, even if a personal representative fraudulently induced a creditor to delay filing.
• S. Broad. Grp., LLC v. Gem Broad., Inc.
  145 F. Supp. 2d 1316· M.D. Fla.· 2001-06-07 ·cited 2×
  The court held that reliance is not an element of a breach of express warranty claim under Florida law, and that Southern did not waive its claim or fail to provide adequate notice.
• Sullivan v. Sears Authorized Termite & Pest Control, Inc.
  780 So. 2d 996· Fla. 4th DCA· 2001-03-28 ·cited 2×
  Sullivan sued Sears for negligence and other tort claims arising from brown recluse spider bites after Sears treated her home. The trial court ordered arbitration based on the Pest Control Agreement's arbitration clause, but the appellate court reversed, holding that tort claims
• Gill v. Three Dimension Sys., Inc.
  87 F. Supp. 2d 1278· M.D. Fla.· 2000-02-28 ·cited 2×
  The court held that it had federal question jurisdiction and supplemental jurisdiction over state claims, but lacked personal jurisdiction over two defendants. The court denied dismissal for most claims but dismissed the mismanagement claim.
• ZUR v. AIR Orlando Sales, Inc.
  751 So. 2d 726· Fla. 5th DCA· 2000-02-18 ·cited 2×
  Rafael Zur and Aztec Capital Corporation appealed the denial of their motion to transfer venue in a breach of contract and fraud action brought by Air Orlando Sales, Inc. The Fifth District Court of Appeal reversed the trial court's decision to keep the action in Orange County, h
• Carrero v. Porterfield
  752 So. 2d 699· Fla. 2d DCA· 2000-02-18 ·cited 2×
• Baker v. Petway
  740 So. 2d 1235· Fla. 1st DCA· 1999-08-25 ·cited 2×
  The court held that appellants should be allowed to amend their complaint to properly name a limited partnership as a defendant, as service on its general partner was sufficient to establish jurisdiction.
• Sch. Bd. OF ST. Lucie Cnty. v. Hilson
  737 So. 2d 612· Fla. 4th DCA· 1999-07-21 ·cited 2×
  The School Board of St. Lucie County appealed orders denying its motions for summary judgment in suits by three terminated carpenters who sought to invoke grievance and arbitration procedures under a collective bargaining agreement. The school board argued the employees failed to
• Lindi Diana Wadlington v. Cont'l Med. Servs., Inc.
  728 So. 2d 352· Fla. 4th DCA· 1999-03-17 ·cited 2×
  Wadlington appealed the dismissal of her fraud and negligent misrepresentation claims under the economic loss rule. The court reversed, holding that fraud in the inducement and negligent misrepresentation independent of breach of contract are not barred by the economic loss rule,