Fraudulent Inducement

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

• Mahowald v. United States
  176 F.2d 509· 8th Cir.· 1949-07-22 ·cited 2×
  The court held that the landowners' claims of fraud were not supported by substantial evidence, and the contracts for land purchase were valid and binding.
• Beene v. Midstates Oil Corp.
  169 F.2d 901· 8th Cir.· 1948-09-13 ·cited 2×
  The court held that the "Haynesville Unitization and Pressure Maintenance Agreement" modified the original lease, requiring overriding royalties to be calculated based on allocated production rather than individual well capacity.
• Bradburn v. First Christian Church
  160 F.2d 341· 10th Cir.· 1947-02-04 ·cited 2×
  The court held that the orders restoring the individuals to capacity were not void and not subject to collateral attack, and that the plaintiffs failed to prove fraud by the defendants, thus affirming the lower court's judgments.
• Williams v. Penn Mut. Life Ins. Co. of Philadelphia
  S.D. Fla.· 1925-05-30 ·cited 2×
  A widow sought to cancel a release of her deceased husband's life insurance policies, alleging the insurance company's agents committed fraud in procuring the release through false representations about settlement agreements and control of litigation. The court held that even ass
• Harris v. Dazzo
  419 So. 3d 175· Fla. 3d DCA· 2025-08-13 ·cited 1×
  Arbitrators in Florida are protected by absolute immunity from civil liability to the same extent as judges acting in their judicial capacity under § 682.051, Fla. Stat., and this immunity applies to all conduct performed in the arbitrator's capacity during the arbitration procee
• Caribbean Hyperbaric Med., LLC v. Meuse
  2016 WL 2744949· M.D. Fla.· 2025-03-25 ·cited 1×
  The court held that the plaintiffs failed to establish subject-matter jurisdiction because the complaint and supplemental evidence did not adequately allege the citizenship of all parties, thus diversity jurisdiction was not met.
• Udell v. Maury Lorne Udell
  397 So. 3d 1050· Fla. 4th DCA· 2024-11-27 ·cited 1×
  A private settlement agreement waiving further distributions from a trust does not preclude a beneficiary's petition to reopen an estate based on allegations of fraud by the personal representative, where the agreement does not explicitly waive fraud claims and addresses only tru
• Harrison v. Nc3 Sys., Inc.
  395 So. 3d 657· Fla. 6th DCA· 2024-10-14 ·cited 1×
  Ian David Harrison appealed the trial court's denial of his motion to dismiss for lack of personal jurisdiction. The appellate court held that the corporate shield doctrine barred jurisdiction over Harrison because his contacts with Florida were exclusively in his corporate capac
• Mendez v. Alvarez
  390 So. 3d 251· Fla. 3d DCA· 2024-05-29 ·cited 1×
  A complaint alleging civil conspiracy to commit fraud against a government employee adequately pleads an exception to sovereign immunity under Florida Statutes § 768.28(9)(a) when it contains factual allegations that the employee acted in bad faith or with malicious purpose or in
• Factor Brokers, Inc. v. J&C Enters., Inc.
  388 So. 3d 86· Fla. 3d DCA· 2023-09-20 ·cited 1×
  The appellate court reversed a trial court's order compelling arbitration, finding that the trial court failed to resolve disputed factual issues regarding the assignment of an arbitration agreement. The case was remanded for an evidentiary hearing to determine if Factor Brokers
• Petzold v. Castro
  365 So. 3d 1199· Fla. 2d DCA· 2023-06-16 ·cited 1×
  The appellate court granted a petition for writ of certiorari, quashing a lower court's order that compelled discovery of all attorney-client communications. The court held that the inadvertent disclosure of a single, non-substantive email did not constitute a voluntary waiver of
• Medicability, LLC v. Blue Hill Buffalo Consulting, LLC
  352 So. 3d 467· Fla. 2d DCA· 2022-12-02 ·cited 1×
  Medicability, as assignee of Strategic Solutions, appealed a trial court's dismissal of its complaint with prejudice. The appellate court reversed, finding that the claims were not barred by res judicata because Medicability sued in a different capacity in the second lawsuit (as
• Lexington Ins. Co. v. Mintz Truppman, P.A.
  47 Fla. L. Weekly S519· Fla. 3d DCA· 2022-10-06 ·cited 1×
  Cozen O'Connor and Lexington Insurance sought certiorari review of a trial court's denial of their motions to dismiss a state court lawsuit alleging violations of Florida's Mediation Confidentiality and Privilege Act. The Third District Court of Appeal lacked certiorari jurisdict
• Molbogot v. MarineMax E., Inc.
  S.D. Fla.· 2022-07-11 ·cited 1×
  Molbogot purchased a new boat from MarineMax after a salesman allegedly misrepresented and concealed defects in the generator and trim tabs, including not disclosing that the generator needed a controller replacement before the sale. The court denied both parties' cross-motions f
• GG Inv. Realty, Inc. v. S. Beach Resort Dev., LLC
  337 So. 3d 431· Fla. 3d DCA· 2022-01-05 ·cited 1×
  The trial court properly found that the sellers made fraudulent misrepresentations in the 2008 balance sheet attached to the purchase agreements, specifically regarding non-existent assets totaling approximately $4.2 million, and that the buyer relied upon these misrepresentation
• Redlhammer v. Asi Preferred Ins. Corp.
  337 So. 3d 421· Fla. 3d DCA· 2021-12-29 ·cited 1×
  Appraisal is premature when an insurer has not provided a meaningful exchange of information, including its own competing repair estimate, sufficient to establish an informed disagreement on the amount of the covered loss. A party seeking appraisal must comply with all post-loss
• Tien v. In re Est. of Paul SHU Tien
  337 So. 3d 107· Fla. 3d DCA· 2021-11-17 ·cited 1×
  Henry Tien appealed a trial court's dismissal of a probate action after his brother Yife, as personal representative, voluntarily dismissed the petition to administer their father's estate. Henry had filed a caveat and answer challenging the will's validity on grounds of lack of
• Tuna Fam. Mgmt Inc. v. All Tr. Mgmt. Inc.
  2021 WL 4775076· S.D. Fla.· 2021-10-19 ·cited 1×
  The court held that while some non-party subpoenas were relevant, many requests were overly broad and disproportional, requiring narrowing. Defendants' request for attorney's fees was denied.
• Fla. Holding 4800 LLC v. Lauderhill Lending, LLC
  317 So. 3d 121· Fla. 4th DCA· 2021-04-07 ·cited 1×
  Florida Holding 4800, LLC (Buyer) purchased a commercial building from Lauderhill Mall Investment, LLC (Seller) and subsequently discovered physical defects including roof leaks, HVAC failures, and mold growth. Buyer sued Seller for fraud, negligent misrepresentation, breach of i
• White v. Boire
  320 So. 3d 814· Fla. 2d DCA· 2021-04-07 ·cited 1×
  The appellate court granted certiorari review and quashed a trial court's order allowing the plaintiffs to amend their complaint to seek punitive damages. The court found the trial court applied an incorrect legal standard, focusing on allegations rather than a reasonable evident
• Off the Wall & Gameroom LLC v. Gabbai
  301 So. 3d 281· Fla. 4th DCA· 2020-08-12 ·cited 1×
  A minor cannot invoke the infancy defense to avoid a contract when the minor procured the contract through intentional fraudulent misrepresentation. The trial court erred in denying arbitration and in declaring the entire release and waiver unconscionable without evidence of both
• Rost Invs., LLC v. Cameron
  302 So. 3d 445· Fla. 2d DCA· 2020-07-17 ·cited 1×
  The appellate court reversed a trial court's decision granting rescission and unjust enrichment claims to the Camerons. The court found that the trial court abused its discretion in ordering rescission based on alleged failures to disclose defects and complete minor repairs, and
• Moskovits v. Mtglq Invs., L.P.
  44 Fla. L. Weekly D2695· Fla. 3d DCA· 2020-04-08 ·cited 1×
• Padilla v. Francy Padilla
  278 So. 3d 333· Fla. 3d DCA· 2019-09-04 ·cited 1×
  The appellate court reviewed a trial court's dismissal of a father's fraud claims against his daughter concerning a loan for her tuition. The court affirmed the dismissal of the fraud in the inducement claim but reversed the dismissal of the fraud claim based on alleged forgery,
• Dray v. Duffner Shendell
  271 So. 3d 140· Fla. 3d DCA· 2019-03-20 ·cited 1×
  A party who voluntarily executes a document is bound by its terms absent coercion, duress, fraud in the inducement, or other independent grounds for rescission.
• Frederic Monnot v. U.S. Bank
  188 So. 3d 896· Fla. 4th DCA· 2016-02-24 ·cited 1×
  A borrower appeals a final judgment of foreclosure, arguing that U.S. Bank failed to prove standing to foreclose and that the trial court erred in dismissing his TILA counterclaim. The court reversed, finding the bank did not establish it possessed the properly endorsed note at t
• Wolfe v. Steven A. Smilack, P.A.
  166 So. 3d 931· Fla. 4th DCA· 2015-06-17 ·cited 1×
  Clients hired a law firm to represent them but refused to pay the agreed-upon fees. The law firm sued for $21,268.28 in unpaid legal services. After the clients were defaulted for failing to appear at trial, the trial court entered judgment against them without a jury trial, desp
• Caballero v. Phoenix Am. Holdings, Inc.
  79 So. 3d 106· Fla. 3d DCA· 2012-01-18 ·cited 1×
  Frank Caballero appealed a summary judgment ruling that a General Release signed as part of his termination package with Phoenix American Warranty Company exonerated five corporate defendants (affiliates of his former employer) from all claims in his six-count complaint. The Flor
• Ttsi Irrevocable Tr. v. Reliastar Life Ins. Co.
  60 So. 3d 1148· Fla. 5th DCA· 2011-05-13 ·cited 1×
  TTSI Irrevocable Trust sought a refund of premiums paid on a life insurance policy after the policy was declared void ab initio because TTSI lacked an insurable interest in the insured's life. The court affirmed the trial court's denial of the refund, holding that a party who wro
• Oglesbee v. Indymac Fin. Servs., Inc.
  686 F. Supp. 2d 1313· S.D. Fla.· 2010-02-08 ·cited 1×
  The court held that the plaintiff failed to adequately plead fraud, a Florida RICO violation, and a claim against MERS, granting the defendants' motion to dismiss.
• Ahern v. Fid. Nat'l Title Ins.
  664 F. Supp. 2d 1224· M.D. Fla.· 2009-10-07 ·cited 1×
  A forum selection clause requiring venue in a specific county does not preclude litigation in the federal court encompassing that county, and certain fraud and securities claims were sufficiently pled to survive a motion to dismiss.
• Marjon v. Lane
  995 So. 2d 1086· Fla. 2d DCA· 2008-11-26 ·cited 1×
  In this interlocutory appeal from a postdissolution order, the court reversed the trial court's dismissal of a former husband's motion to set aside a mediated settlement agreement, holding that an exculpatory clause in the agreement does not bar claims of fraud, duress, or coerci
• Archbishop John Favalora v. Sidaway
  996 So. 2d 895· Fla. 4th DCA· 2008-11-19 ·cited 1×
  Archbishop Favalora sought certiorari review of a discovery order requiring disclosure of names and addresses of alleged sexual abuse victims and perpetrators in connection with a fraud claim arising from a prior settlement. The court granted the petition in part, quashing the po
• Goldin v. Salomon Smith Barney, Inc.
  994 So. 2d 517· Fla. 3d DCA· 2008-11-19 ·cited 1×
  Investors who received Winstar stock in a 1998 acquisition sued Salomon Smith Barney for fraud based on allegedly misleading analyst reports that induced them to hold the stock before Winstar's 2001 bankruptcy. The Florida appellate court affirmed dismissal, holding that under Ne
• Islander Beach Club Condo. v. Skylark Sports, L.L.C.
  975 So. 2d 1208· Fla. 5th DCA· 2008-03-07 ·cited 1×
  Islander Beach Club Condominium appeals an award of $192,167.39 in attorney's fees and costs to Skylark Sports based on a lease provision. The Fifth District Court of Appeal held that the attorney's fee provision in the lease is unenforceable because it is ambiguously worded and
• Jacques v. The Equitable Life Assurance Soc'y OF the United States
  972 So. 2d 265· Fla. 4th DCA· 2008-01-09 ·cited 1×
  An insured sought benefits under a supplemental disability insurance policy, claiming that asterisked notations on his application increased his coverage from $2,000 to $6,299 per month based on alleged agent misrepresentations. The trial court dismissed his fraud claims under th
• Nat'l Fire & Marine Ins. v. Adoreable Promotions, Inc.
  451 F. Supp. 2d 1301· M.D. Fla.· 2006-08-18 ·cited 1×
  The court held that the insurance policy's exclusion for bodily injury to athletic participants unambiguously bars coverage for claims arising from injuries sustained during a Toughman Contest.
• Dillon v. Axxsys Int'l, Inc.
  385 F. Supp. 2d 1307· M.D. Fla.· 2005-08-16 ·cited 1×
  The court held that an officer is not liable under Section 517.211(2) for selling unregistered securities unless they personally participated or aided in making the sale, and mere involvement in general corporate business is insufficient.
• L & L Doc's, L.L.C. v. Florida Division OF Alcoholic Beverages AND Tobacco
  882 So. 2d 512· Fla. 4th DCA· 2004-09-22 ·cited 1×
  Buyers of a restaurant and bar business sued to rescind the sale based on alleged fraudulent misrepresentations about illegal slot machines and other business conditions. The trial court granted summary judgment for the seller, and the appellate court affirmed, holding that buyer
• Suppa v. Suppa
  871 So. 2d 988· Fla. 5th DCA· 2004-04-16 ·cited 1×
  Paul Suppa appeals a trial court's decision setting aside a marital settlement agreement executed without counsel in a 38-year marriage. The court found the agreement was fundamentally unfair and that the wife lacked adequate knowledge of marital property and pension rights, warr
• Great Harbour Cay Realty & Inv. Co. Ltd. v. Carnes
  862 So. 2d 63· Fla. 4th DCA· 2003-11-05 ·cited 1×
  This appeal challenges a jury verdict awarding Carnes $3 million in severance benefits based on an employment contract with a Bahamian corporation. The court reverses and remands due to evidentiary errors that prevented the defendant from fully presenting its case regarding the c
• Checkers Drive-In Rests., Inc. v. Tampa Checkmate Food Servs., Inc.
  858 So. 2d 1080· Fla. 2d DCA· 2003-09-26 ·cited 1×
  The court held that Checkers' claim on the note was in the nature of recoupment and that the trial court correctly determined Checkers was estopped from pursuing this claim.
• Air Turbine Tech., Inc. v. Atlas Copco AB
  295 F. Supp. 2d 1334· S.D. Fla.· 2003-09-23 ·cited 1×
  The court granted summary judgment on the 'offer to sell' patent claim and partially on the Lanham Act claim due to lack of causation, but denied summary judgment on patent infringement and best mode issues, finding genuine issues of material fact.
• Barry Univ., Inc. v. Fireman's Fund Ins. Co. of Wis.
  845 So. 2d 276· Fla. 3d DCA· 2003-05-14 ·cited 1×
  Barry University appealed a declaratory judgment denying insurance coverage for student lawsuits arising from the withdrawal of accreditation of its physical therapy program. The Florida appellate court affirmed that the insurer had no duty to defend because the University's alle
• Jones v. Law Firm of Hill & Ponton
  223 F. Supp. 2d 1284· M.D. Fla.· 2002-08-13 ·cited 1×
  The court affirmed the magistrate judge's report and recommendation, granting the defendant's motion for judgment on the pleadings and dismissing the plaintiff's amended complaint.
• Berne v. Beznos
  819 So. 2d 235· Fla. 3d DCA· 2002-06-12 ·cited 1×
  A defendant who timely objects to service of process does not waive the objection by defending the case on the merits, but may waive it by seeking affirmative relief.
• Black v. Brown
  812 So. 2d 581· Fla. 3d DCA· 2002-04-03 ·cited 1×
• Corwin v. Cristal Mizner's Preserve Ltd. P'ship
  812 So. 2d 534· Fla. 4th DCA· 2002-03-27 ·cited 1×
  The court held that the settlement agreement must be enforced as written because there was no duty to disclose the separate release to a subcontractor, and the agreement did not prohibit such a release.
• Leshin v. Welt (In Re Warmus)
  276 B.R. 688· S.D. Fla.· 2002-03-25 ·cited 1×
  The district court held that the bankruptcy court erred in applying collateral estoppel against an attorney who was not a party to a prior settlement and in admitting a deposition without proper foundation, reversing the final judgment against the attorney.
• Jensen v. Rice
  809 So. 2d 895· Fla. 3d DCA· 2002-03-13 ·cited 1×
  Jensen appealed a trial court order requiring arbitration of his employment dispute with the Miami Tropics and related entities. The Third District Court of Appeal affirmed in part and reversed in part, holding that the Federal Arbitration Act preempts Florida law and makes the a