Fraudulent Inducement

1,995 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Ranieri v. Paincare Holdings, Inc.
  889 So. 2d 106· Fla. 5th DCA· 2004-11-19
  The court held that the employment agreement's language regarding termination without cause was plain and unambiguous, allowing the employer to terminate the employee at any time for any reason other than for cause.
• State Farm Fla. Ins. Co. v. Bonham
  886 So. 2d 1072· Fla. 5th DCA· 2004-11-19
  State Farm sought certiorari review of a trial court's order denying its motion to consolidate two civil actions involving a common plaintiff but different defendants—one alleging fraud in the sale of property with concealed sinkhole damage, and another seeking a declaration of i
• Walker v. Eris
  886 So. 2d 414· Fla. 1st DCA· 2004-11-15
  Jan Walker, a grantee of an undivided interest in real property, appealed a judgment rescinding a deed allegedly obtained through fraud. The court reversed, holding that rescission was improper because the Internal Revenue Service, which held a tax lien on the property, was not m
• Swope v. Santo DiMARCO and Rosanna DiMarco
  886 So. 2d 270· Fla. 4th DCA· 2004-11-03
  Appellant Swope purchased a home in 1997 and discovered latent defects in 1998, then sued for fraudulent inducement in 2002. The trial court dismissed his complaint based on the economic loss rule, but the appellate court reversed, holding that fraudulent inducement claims in rea
• Davis v. NEW River Dev., LLC.
  877 So. 2d 848· Fla. 4th DCA· 2004-07-07
  The court held that a default judgment was entered prematurely because the defendant still had time to respond to the amended complaint when the motion for default was granted.
• Royal Ins. Co. of Am. v. BHRS, LLC
  333 F. Supp. 2d 1293· S.D. Fla.· 2004-04-06
  The court held that a claim of fraudulent inducement to enter a contract containing an arbitration clause is for the arbitrator to decide, not the court.
• Higbee v. Higbee
  871 So. 2d 970· Fla. 5th DCA· 2004-04-02
• Runnin' Easy 3, Inc. v. Offshore Marine Towing, Inc.
  314 F. Supp. 2d 1246· S.D. Fla.· 2004-03-01
  The court held that the Federal Arbitration Act mandates arbitration of disputes arising from maritime salvage contracts containing arbitration provisions, unless the making of the arbitration agreement itself is in issue.
• Bishara v. O'Callaghan (In Re O'Callaghan)
  304 B.R. 500· M.D. Fla.· 2003-03-06
  The court held that the claimant failed to prove claims for fraud in the inducement and tortious interference, and therefore, the claim should be disallowed and the dischargeability action dismissed.
• Chinigo v. Marine Dynamics, Inc.
  832 So. 2d 198· Fla. 3d DCA· 2002-11-27
• Parker v. R.A. Wenham PTY., Ltd.
  829 So. 2d 384· Fla. 4th DCA· 2002-11-06
  In this discovery dispute, the Fourth District Court of Appeal granted a writ of certiorari to prevent disclosure of individual defendants' personal tax returns in a breach of contract action. The court held that tax returns are not discoverable absent a showing of relevance and
• NEW Fla. Props. Corp. & New Fla. Int'l Corp. v. Gene Contracting, Inc.
  822 So. 2d 514· Fla. 3d DCA· 2002-06-12
  New Florida Properties Corporation appealed a jury verdict finding it liable for breach of an escrow agreement and fraudulent inducement in a construction dispute with Gene Contracting, Inc. The Third District Court of Appeal reversed the fraud judgment while affirming the breach
• Chinigo v. Marine Dynamics, Inc.
  816 So. 2d 244· Fla. 3d DCA· 2002-05-15
• Bouie v. Am. Gen. Life & Accident Ins.
  199 F. Supp. 2d 1259· N.D. Fla.· 2002-04-19
  The court held that the action was not removable because it did not present a federal question and diversity jurisdiction was defeated by the non-diverse joinder of individual defendants who were not fraudulently joined.
• In & for New Castle Cnty. in re Ibp
  Del. Ch.· 2002-02-11
  The court denied Tyson Foods, Inc.'s motion to vacate its post-trial opinion. The court held that vacatur is an equitable remedy reserved for situations where a party is prevented from obtaining appellate review by circumstances beyond its control, not by its own voluntary decisi
• Super Transp., Inc. v. Fla. Dep't OF Ins.
  799 So. 2d 286· Fla. 1st DCA· 2001-10-02
  FESA, a workers' compensation self-insurance fund, became insolvent in 1996 due to alleged fraudulent mismanagement. The Florida Department of Insurance, as Receiver, assessed FESA members to cover claims and administrative costs under statutory authority. FESA members appealed,
• Alaqua Lakes Realty, Inc. v. Burch
  790 So. 2d 604· Fla. 5th DCA· 2001-08-03
  Alaqua Lakes Realty fired sales representative Jerry Burch after he sold his own lot in the development to prospects he had registered. When Burch sued for breach of contract claiming unpaid commissions, the jury found no breach by Burch but awarded him only $12,983.41—far less t
• Dailey v. Leshin
  792 So. 2d 527· Fla. 4th DCA· 2001-06-20
  Appellants challenged a summary judgment dismissing their TILA counterclaims in a mortgage foreclosure action. The court held that while the rescission claim under TILA section 1635 became moot upon the appellants' contract to sell the property, the trial court erred by failing t
• IN & FOR Sussex Cnty. John H. Davis, JR. v. Town OF Georgetown
  Del. Super. Ct.· 2001-06-11
  The Court granted summary judgment for the defendants on all claims. The court found no material issues of fact regarding the plaintiff's claims of fraud, breach of contract, constitutional violations, and tort claims barred by governmental immunity.
• R/S Assocs. OF Fla. v. Bellsouth Mobility, Inc.
  778 So. 2d 1082· Fla. 4th DCA· 2001-03-07
  The court held that an appeal from an order dismissing one count of a multi-count complaint is not appealable if the dismissed count is interrelated with the remaining counts.
• Goney v. E.I. Du Pont De Nemours & Co.
  144 F. Supp. 2d 1286· M.D. Fla.· 2001-01-10
  The court held that the plaintiff's motion to strike the defendant's counterclaims should be denied because the release agreement was ambiguous regarding the assignment clause, and counterclaims for reformation and restitution were permissible even after the Mazzoni Farms decisio
• Intermedia Commc'ns, Inc. v. Bellsouth Telecomms., Inc.
  173 F. Supp. 2d 1282· M.D. Fla.· 2000-12-15
  The court held that antitrust claims based on alleged violations of the Telecommunications Act of 1996 are dismissed, and claims under the TCA are dismissed for lack of jurisdiction, while deferring ruling on state law claims pending jurisdictional determination.
• Wonders Tr. v. Deaton, Inc.
  997 F. Supp. 2d 741· M.D. Fla.· 2000-09-29
  The court held that a plaintiff's willful failure to cooperate in discovery, particularly regarding its legal existence and capacity to sue, warranted dismissal of the action with prejudice as a sanction.
• Del. Opinion 33030
  Del. Ch.· 2000-08-29
  The court held that the defendants, as members of a Delaware limited liability company, lacked the authority under the operating agreement or applicable law to unilaterally remove the plaintiff member and forfeit his ownership interest. The court found no basis for a fraud or mis
• Premier Foods of Bruton, Inc. v. City of Orlando
  979 F. Supp. 2d 313· M.D. Fla.· 2000-04-19
• Fla. Software Sys., Inc. v. Columbia/HCA Healthcare Corp.
  2000 WL 343245· M.D. Fla.· 2000-03-31
  The court denied the construed motion to enjoin state court proceedings and the emergency motion for a case management conference, citing the Anti-Injunction Act and prior scheduling orders. The court also warned parties about excessive motion filings and potential Rule 11 sancti
• Coggin Auto. Corp. v. Roscoe Reed
  750 So. 2d 744· Fla. 5th DCA· 2000-02-04
  An employee's opposition to a practice is only protected under Title VII if the employee reasonably believes the practice is unlawful, and a single, isolated incident of a sexually explicit remark is not sufficiently severe or pervasive to constitute unlawful sexual harassment.
• Dantzler Lumber & Exp. Co. v. Nationsbank, N.A.
  751 So. 2d 137· Fla. 3d DCA· 2000-01-19
• Leasetec Corp. v. Orient Sys., Inc.
  85 F. Supp. 2d 1310· S.D. Fla.· 1999-11-30
  The court held that the 'hell or high water' clauses and warranty disclaimers in equipment leases are enforceable, even when the lessee claims fraud by the equipment supplier, because the finance lessor is not responsible for the supplier's actions absent an agency relationship.
• Rayman v. Langdon Asset Mgmt., Inc.
  745 So. 2d 426· Fla. 3d DCA· 1999-11-03
  Rayman, a corporate director, appealed the trial court's denial of his motion to transfer venue in a breach of contract and fiduciary duty case brought by Langdon Asset Management. The Third District Court of Appeal affirmed, holding that venue was properly established in Dade Co
• Cahill v. Am. Jets Int'l, Inc.
  755 So. 2d 688· Fla. 4th DCA· 1999-08-04
  Donald Cahill appealed a final judgment entered by the trial court in favor of American Jets International, Inc., arising from a wrongful death claim. The appellate court affirmed the summary judgment dismissing the negligence count based on lack of proximate cause, but reversed
• Techni-Search v. Pathtech Software Solutions, Inc.
  737 So. 2d 1133· Fla. 5th DCA· 1999-06-11
  Techni-Search, an employment agency, appealed summary judgment dismissing its breach of contract claim against Pathtech for an unpaid recruitment commission. The court affirmed, holding that Techni-Search was not the procuring cause of the employee's hiring because the candidate
• Guetzloe v. Rowell
  734 So. 2d 467· Fla. 5th DCA· 1999-05-07
• Carter v. Blue Cross & Blue Shield of Fla., Inc.
  61 F. Supp. 2d 1241· N.D. Fla.· 1999-03-12
  The court held that a fraudulent inducement claim, like breach of contract claims, is preempted by the Federal Employees Health Benefits Act (FEHBA), making amendment of the complaint futile.
• Reim v. Mulligan
  722 So. 2d 241· Fla. 2d DCA· 1998-12-09
  The court held that the plaintiff failed to allege a viable cause of action against the corporate officers for personal injury or workers' compensation benefits when the corporate employer was uninsured.
• Blakeslee v. Morse Operations, Inc.
  720 So. 2d 1166· Fla. 4th DCA· 1998-11-25
  A used car buyer sued for fraud and deceptive trade practices arising from two separate transactions with a dealer. The trial court compelled all claims to arbitration based on an arbitration clause in the first vehicle purchase contract, then denied the plaintiff's attempts to a
• IN A.ND FOR NEW Castle Cnty. JAN G. Juran
  Del. Ch.· 1998-06-22
  The Delaware Court of Chancery found that the plaintiff's fraud claims failed because they were essentially claims for breach of contract, barred by the principle that tort remedies are not available for breaches of contract. The court also found that the plaintiff's breach of fi
• Muscato Corp. v. Hartford Ins. Co.
  710 So. 2d 176· Fla. 5th DCA· 1998-04-24
  Muscato Corporation appealed a summary judgment dismissing its claim that Hartford Insurance must defend and indemnify it against an employee's lawsuit alleging conversion and fraudulent inducement. The court affirmed, holding that the insurance policies excluded coverage for int
• Poag v. Harring
  696 So. 2d 1363· Fla. 2d DCA· 1997-07-25
  The court held that a cause of action for fraudulent inducement is an independent tort and is not barred by the economic loss rule.
• Fasco Controls Corp. v. Goble
  688 So. 2d 1029· Fla. 5th DCA· 1997-03-07
  The court held that the trial court erred in denying the motion to dismiss for lack of in personam jurisdiction because the appellee failed to plead sufficient facts to establish jurisdiction under the long-arm statute.
• Passerrello v. Robert L. Lipton, Inc.
  690 So. 2d 610· Fla. 4th DCA· 1997-02-05
  The court held that claims of fraud in the inducement of a contract are subject to the contract's arbitration provision, and that a buyer must arbitrate claims against a financing bank when the purchase contract contains an arbitration clause and no independent wrongdoing is alle
• Allan L. and Lillian Baker v. Am. Gen. Life & Accident Ins. Co.
  686 So. 2d 731· Fla. 1st DCA· 1997-01-06
• Scherer v. Kamelhair
  665 So. 2d 1147· Fla. 4th DCA· 1996-01-10
• Mole v. First Fed. Sav. & Loan Ass'n
  666 So. 2d 178· Fla. 5th DCA· 1995-12-16
• Janine Preston v. Tolone
  661 So. 2d 967· Fla. 5th DCA· 1995-10-27
  Janine Preston appealed a summary judgment denying her request to set aside her daughter's adoption by her parents. The court reversed, holding that disputed issues of material fact regarding whether Preston's consent was obtained by fraud precluded summary judgment and required
• Allan Serchay and former Director of Allan Serchay v. NTS Fort Lauderdale Off. Joint Venture
  657 So. 2d 57· Fla. 4th DCA· 1995-07-05
  The court held that disputed fact issues exist regarding the tenants' affirmative defenses and claimed set-off, precluding summary judgment on those matters.
• Levine v. Chem. Bank OF NEW Jersey, N.A.
  653 So. 2d 1148· Fla. 4th DCA· 1995-05-10
• Seale v. Black Indus., Inc.
  650 So. 2d 1121· Fla. 5th DCA· 1995-02-24
  Seale appealed the dismissal of his amended counterclaim and crossclaim for lack of in personam jurisdiction over Mathewson and Guardian. The court affirmed the dismissal, holding that Seale's pleadings lacked sufficient jurisdictional allegations to establish a basis for jurisdi
• Nivia Defigueiredo v. Publix Super Mkts., Inc.
  648 So. 2d 1256· Fla. 4th DCA· 1995-02-01
  In this slip-and-fall case, the court reversed a summary judgment dismissing plaintiff's claims based on a release she signed. The court held that genuine issues of material fact existed regarding whether the release was obtained through fraud, precluding summary judgment and req
• Turk v. Bechmen Enters., Inc.
  646 So. 2d 284· Fla. 2d DCA· 1994-12-02
  The court held that summary judgment was improperly granted because a genuine issue of material fact exists regarding whether the entire purchase price was for a covenant not to compete.