Fraudulent Inducement

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

• Ostoski v. Cianfrogna
  789 So. 2d 529· Fla. 5th DCA· 2001-07-20 ·cited 1×
  Gary Ostoski appealed a trial court order dismissing his fraud and partnership dissolution complaint on the ground that his wife Linda was an indispensable party. The appellate court granted certiorari review and quashed the dismissal, holding that the trial court lacked authorit
• Est. OF Victoria Sanz v. Pershing Indus., Inc.
  770 So. 2d 1266· Fla. 3d DCA· 2000-11-15 ·cited 1×
  The court held that the trial court has discretion to defer ruling on attorney's fees until all litigation is concluded.
• Rahn v. Cohen
  762 So. 2d 1063· Fla. 4th DCA· 2000-08-02 ·cited 1×
• Somerset Pharms., Inc. v. Kimball
  49 F. Supp. 2d 1335· M.D. Fla.· 1999-05-19 ·cited 1×
  The court held that the settlement agreement's release barred subsequent claims for trade secret misappropriation, and the fraudulent inducement defense was unreasonable as a matter of law.
• Carter v. Blue Cross & Blue Shield of Fla., Inc.
  61 F. Supp. 2d 1237· N.D. Fla.· 1999-03-08 ·cited 1×
  The court adopted the magistrate judge's report and recommendation, denying the plaintiff's motion to remand.
• Kolfenbach v. Mansour
  36 F. Supp. 2d 1351· S.D. Fla.· 1999-02-08 ·cited 1×
  The court held that applying the 1995 Reform Act's bar on securities fraud-based civil RICO claims to a complaint filed after the Act's effective date does not constitute an impermissible retroactive application.
• Berman v. Alamo Rent A CAR, Inc.
  717 So. 2d 165· Fla. 4th DCA· 1998-09-16 ·cited 1×
  Berman appealed an order compelling arbitration of his fraud-induced employment dispute with Alamo Rent A Car. The court affirmed, finding that Berman's fraud claims relating to his employment agreements fell within the scope of arbitration provisions contained in both agreements
• U.S.C. Sales Corp., Inc. v. Gall
  706 So. 2d 957· Fla. 3d DCA· 1998-03-18 ·cited 1×
• Moore Bus. Forms, Inc. v. Iberoamerican Elecs.
  698 So. 2d 611· Fla. 3d DCA· 1997-08-20 ·cited 1×
  Moore Business Forms appeals the denial of attorney's fees under Florida's civil theft statute after successfully having Iberoamerican Electronics' civil theft claim dismissed. The court reverses, holding that because the civil theft claim lacked essential elements and was merely
• Wassall v. W.H. Payne and Dean Highfield
  682 So. 2d 678· Fla. 1st DCA· 1996-11-07 ·cited 1×
  Richard Wassall appealed orders dismissing his fraud and negligence claims against real estate broker Dean Highfield and seller W.H. Payne, arising from alleged misrepresentations about flooding on leased property. The court reversed, holding that lack of contractual privity does
• Lineas Aereas Constarricenses, S.A. v. HTP, Ltd.
  674 So. 2d 780· Fla. 3d DCA· 1996-04-24 ·cited 1×
  In this appeal, the court affirmed summary judgments dismissing a fraud claim against defendants in a settlement dispute and barring a counterclaim. The court found that the plaintiffs were barred from pursuing a second action against joint tortfeasors after having recovered judg
• Ivans v. McKID Ltd.
  642 So. 2d 798· Fla. 3d DCA· 1994-09-14 ·cited 1×
  The court held that the trial court did not abuse its discretion in awarding attorneys' fees to McKid as the prevailing party on Count II, as McKid did not participate in the fraudulent scheme.
• O'Neal v. Gen. Motors Corp.
  841 F. Supp. 391· M.D. Fla.· 1993-12-10 ·cited 1×
  The court held that Plaintiffs were not entitled to the protections of the Automobile Dealers' Day in Court Act because they lacked a written franchise agreement with the defendants. Furthermore, any claims related to the Braun dealership were vested in the court-appointed receiv
• Haight v. Hall
  625 So. 2d 1311· Fla. 3d DCA· 1993-11-02 ·cited 1×
  Ronald Haight appealed the annulment of an easement he obtained from his neighbor Emily Hall in 1982. The trial court found the easement instrument void for lack of proper execution with subscribing witnesses as required by Florida law, and this court affirmed that judgment.
• Fioretti v. Mass. Gen. Life Ins.
  892 F. Supp. 1492· S.D. Fla.· 1993-09-24 ·cited 1×
  The court held that the incontestability clause in a life insurance policy does not bar the insurer from raising the defense of fraud by imposture, even if the policy has been in force for two years, because the insurer never intended to insure the impostor.
• M.G.J. Indus., Inc. v. Greyhound Fin. Corp.
  1993 WL 274336· M.D. Fla.· 1993-07-13 ·cited 1×
  A forum selection clause procured through fraud, particularly when used as leverage against a party facing financial forfeiture, is unenforceable and will not be given controlling weight in a motion to transfer venue under 28 U.S.C. § 1404(a).
• Hooks v. Diamond Crystal Specialty Foods, Inc.
  997 F.2d 793· 10th Cir.· 1993-06-30 ·cited 1×
  The court held that the plaintiff failed to establish genuine issues of material fact on his claims of racial discrimination under Title VII and § 1981, fraud in the inducement, and constructive discharge, thus affirming the grant of summary judgment.
• Stewart v. Jackson & Nash
  976 F.2d 86· 2d Cir.· 1992-09-23 ·cited 1×
  The court held that the plaintiff stated a claim for fraudulent inducement based on misrepresentations of present fact, but not for negligent misrepresentation as no fiduciary duty was established.
• M.G.J. Indus., Inc. v. Greyhound Fin. Corp.
  801 F. Supp. 614· M.D. Fla.· 1992-09-14 ·cited 1×
  The court held that it had personal jurisdiction over the defendant because the plaintiffs alleged fraud and the defendant had a registered agent in Florida, and the injury occurred in Florida.
• Boyd v. Schildkraut Giftware Corp. & D & E Trading Corp.
  936 F.2d 76· 2d Cir.· 1991-06-10 ·cited 1×
  The court held that accidental and unintentional mismarking of a product with an inapplicable patent number, limited in duration and scope, does not estop the user from denying infringement or owing royalties.
• Holder v. Burger King Corp.
  576 So. 2d 973· Fla. 2d DCA· 1991-04-05 ·cited 1×
  Holder and Vevey Holdings appealed the dismissal of their fraud and breach of fiduciary duty claims against Burger King based on forum selection clauses in franchise and lease agreements. The court affirmed the dismissal, holding that a party must show the forum selection clause
• W. Int'l Media Corp. v. Johnson
  754 F. Supp. 871· S.D. Fla.· 1991-01-04 ·cited 1×
  The court held that arbitration is appropriate for claims against Insurance Corporation of America and Dyna Span Corporation, but not for claims against A.R. Johnson and Principle Holding Corp., and that a stay of proceedings is appropriate for the latter due to alter-ego allegat
• Resolution Tr. Co. by FDIC v. Clark
  741 F. Supp. 896· S.D. Fla.· 1990-07-27 ·cited 1×
  The court held that the D'Oench doctrine applies, estopping defendants from asserting oral modifications as a defense against the RTC, and that no genuine issue of material fact precluded summary judgment.
• Puckett v. Rufenacht
  903 F.2d 1014· 5th Cir.· 1990-06-05 ·cited 1×
  The court affirmed summary judgment for the broker on fraud and CEA § 4b claims, finding no misrepresentation or failure to disclose material risks given the client's sophistication and acknowledgment of risk. State law claims for negligence and breach of fiduciary duty were cert
• Blaine B. Chase v. The DOW Chem. Co.
  875 F.2d 278· 10th Cir.· 1989-05-19 ·cited 1×
  The court held that the trial court erred in granting summary judgment on the fraud in the inducement claim because genuine issues of material fact exist regarding whether Dow fraudulently misrepresented facts to induce the plaintiffs to sign a release agreement.
• Donald D. Goldberg, M.D. v. Mallinckrodt, Inc.
  792 F.2d 305· 2d Cir.· 1986-06-09 ·cited 1×
  The court held that damages for time spent defending lawsuits and associated legal expenses were not too remote from the alleged fraud and should be presented to a jury.
• J.B. Elmore v. Tony Vatrano & Scott-McRae
  485 So. 2d 888· Fla. 1st DCA· 1986-04-01 ·cited 1×
  An employee sued his former employer for fraudulent inducement into employment, alleging he was promised a general sales manager position with a $10,000+ monthly salary. The trial court granted summary judgment for the employer, but the appellate court reversed, holding that the
• Sol Weiss v. Cherry
  477 So. 2d 12· Fla. 3d DCA· 1985-10-01 ·cited 1×
  In this contract dispute, the Florida Third District Court of Appeal reversed a judgment awarding the plaintiff-appellant partial damages and instead directed entry of judgment for the defendants-appellees on a promissory note. The court found no evidence of fraud supporting the
• Gomez v. Hawkins Concrete Constr. Co.
  623 F. Supp. 194· N.D. Fla.· 1985-09-11 ·cited 1×
  An attorney who undertakes to represent a client in a transaction, even if not formally retained for that specific matter, owes a fiduciary duty and a duty of care, and can be held liable for negligence and breach of fiduciary duty for failing to disclose material information and
• John Alden Life Ins. v. C.A. Cavendes
  591 F. Supp. 362· S.D. Fla.· 1984-07-06 ·cited 1×
  The court held that the plaintiff's claims were barred by Rule 13(a) as compulsory counterclaims and by the doctrine of res judicata, and that the plaintiff failed to demonstrate justifiable reliance on alleged misrepresentations, warranting summary judgment for the defendant.
• Cecile Douglas v. Braman Porsche Audi, Inc.
  451 So. 2d 1038· Fla. 3d DCA· 1984-06-26 ·cited 1×
  The court held that a conversion action is inappropriate for a claim based solely on a breach of contract, and fraud/negligence claims failed due to lack of damages.
• NDK Corp. v. Local 1550 of the United Food & Commercial Workers Int'l Union
  709 F.2d 488· 7th Cir.· 1983-06-17 ·cited 1×
  The court held that Section 301 of the Labor-Management Relations Act does not grant federal courts jurisdiction over suits seeking to determine the validity of a collective bargaining agreement when validity is the ultimate issue.
• Avila S. Condo. Ass'n, Inc. v. Kappa Corp.
  347 So. 2d 599· Fla.· 1977-03-31 ·cited 1×
  Avila South Condominium Association sued developers over an allegedly unfair recreational lease, challenging various counts and class action authority. The Florida Supreme Court held that fiduciaries in control of condominium associations may be liable for undisclosed self-dealin
• Mancino v. Nat'l Indus. Bank OF Miami
  312 So. 2d 211· Fla. 3d DCA· 1975-05-06 ·cited 1×
  A bank sought summary judgment against Don and Carmen Mancino on personal guaranty agreements for an unpaid loan. The court reversed the summary judgment, finding that the bank failed to present sufficient evidence to dispel the affirmative defenses of fraud in inducement and lac
• Cyril S. Glaum v. Glaum
  224 So. 2d 390· Fla. 2d DCA· 1969-06-11 ·cited 1×
  Cyril Glaum appealed the denial of his motion to set aside a divorce decree on grounds of fraud. The trial court found that Glaum failed to prove he and his ex-wife had reconciled before the divorce was finalized, and the appellate court affirmed, finding no abuse of discretion i
• Gulf Shore Dredging Co., Inc. v. Hutto
  31 Fla. Supp. 24· Hillsborough Cty. Cir. Ct.· 1968-08-20 ·cited 1×
  Gulf Shore Dredging Co. sought to foreclose a mortgage on the Huttos' property securing a $2,600 promissory note for plumbing and septic tank work. The court found fraud in the original transaction because Gulfshore Building (the original payee) charged $2,600 for goods and servi
• Polly Carnegie v. United Farm Agency
  190 So. 2d 217· Fla. 1st DCA· 1966-09-27 ·cited 1×
  United Farm Agency appealed a judgment against it after Mrs. Carneggie was found to have fraudulently induced the broker to accept a reduced commission on a real estate sale. The appellate court reversed, finding that the evidence was legally insufficient to sustain a fraud verdi
• Edwards-Milioti Constr. Co., Inc. v. Overholser
  160 So. 2d 712· Fla. 3d DCA· 1964-02-04 ·cited 1×
  Edwards-Milioti Construction Co. and Vincent Milioti appealed a summary final judgment for damages arising from their failure to purchase real property under contract. The court affirmed the judgment, holding that the defendants' fraud defense was properly struck for being too va
• Millrose Corp. v. Brent
  271 F.2d 508· D.C. Cir.· 1959-10-15 ·cited 1×
  The court held that the trial court's findings of fact were supported by substantial evidence and not clearly erroneous, thus affirming the judgments.
• Indep. Life & Accident Ins. Co. v. Mitchell
  14 Fla. Supp. 15· Volusia Cty. Cir. Ct.· 1958-10-24 ·cited 1×
  In an interpleader action, the court determined that a 19-year-old minor had the legal capacity to name a beneficiary on life insurance policies he purchased, and that the named beneficiary Betty Jane Mitchell had an insurable interest in his life as his fiancée. The court reject
• Grady v. Jeffares
  25 Fla. 743· Fla.· 1889-06-01 ·cited 1×
  Grady sued Jeffares to recover money paid under a land purchase contract, claiming Jeffares fraudulently misrepresented that he had purchased the land from Thrasher when he had not. The Florida Supreme Court affirmed judgment for Grady, holding that the declaration properly state
• Rost v. Textor
  Fla. 4th DCA· 2026-09-16
  A plaintiff adequately alleges material misrepresentation under the Florida Securities and Investor Protection Act when he alleges that a defendant represented the company would acquire an asset while knowing the defendant intended to acquire it personally, even if offering mater
• Summit Aviation, Inc. v. MSP Recovery Aviation, LLC
  Fla. 3d DCA· 2026-09-02
  A mandatory forum selection clause in a contract applies to all claims arising from or relating to the agreement and its subject matter, regardless of how the claims are labeled or what state law they invoke. Parties cannot circumvent an agreed forum selection clause by character
• Hunsicker v. KSV Caastle Holdings, L.P.
  Fla. 4th DCA· 2026-09-02
  A clerk's default is void when obtained without notice to a defendant's known counsel after counsel has communicated representation and intent to defend, as such notice is required by Florida Rule of Civil Procedure 1.500(b) and due process.
• 9740 W Bay Harbor Dr, LLC v. Bay Harbour Inv., Inc.
  Fla. 3d DCA· 2026-08-05
  Caveat emptor does not bar fraud claims when a seller misrepresents material facts or employs artifice to induce a buyer to waive due diligence, and diminution in value damages are general damages properly recoverable in fraud actions involving real property.
• Sifaco Grp., S.A. v. Margioukla
  Fla. 4th DCA· 2026-07-15
  A shareholders' agreement containing a choice-of-law provision and jurisdiction clause meets the statutory requirements of sections 685.101 and 685.102 when the contract involves consideration of at least $250,000 and the claims arise from or are sufficiently related to the agree
• Eliyahu Azulay v. Azulay
  Fla. 4th DCA· 2026-06-10
  A trial court's order to sell a marital home as part of equitable distribution must include written findings explaining why a buyout alternative was rejected and must address responsibility for mortgage, taxes, insurance, and other carrying costs pending sale. The failure to assi
• McDowell v. Moore
  Fla. 4th DCA· 2026-05-06
  Under Florida law, a provision that expressly acknowledges the parties have not agreed on essential terms of compensation and commits only to future good-faith negotiations constitutes an unenforceable "agreement to agree" that cannot form the basis for contract liability. A fidu
• Inversiones Alfa V v. Cedros Mgmt. Invs. LLC
  Fla. 3d DCA· 2026-04-15
  A trial court may rescind a property exchange agreement induced by fraud even when restoration to the status quo is impossible, if the court balances the equities and fashions an appropriate remedy that provides complete relief.
• LEE Health Sys., Inc. v. DOE
  Fla. 6th DCA· 2026-04-10
  Claims alleging negligent supervision, vicarious liability, and loss of consortium arising from a physician assistant's allegedly improper performance of a medical examination constitute medical malpractice claims subject to Chapter 766's presuit notice requirements. The trial co