Fraudulent Inducement

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

• Timpano v. Silverman
  539 So. 2d 572· Fla. 1st DCA· 1989-03-09
  Timpano appeals a trial court's denial of a motion to transfer venue from Duval County to Orange County in a fraud action. The appellate court reversed, holding that the plaintiffs failed to allege facts in their complaint establishing a proper basis for venue in Duval County, an
• Berg v. Newton
  537 So. 2d 165· Fla. 2d DCA· 1989-01-13
  Berg purchased property from Newton under an agreement for deed, intending to develop a mobile home park. When Berg discovered the property lacked proper zoning and access, he sought rescission based on fraudulent inducement. The trial court entered summary judgment for Newton on
• Bland v. State
  526 So. 2d 947· Fla. 5th DCA· 1988-05-19
• Bankers Life & Cas. v. Lewis
  516 So. 2d 1089· Fla. 5th DCA· 1987-12-17
  Bankers Life & Casualty appealed a judgment awarding compensatory and punitive damages to the Lewises for fraud in the sale of flood-prone property. The Lewises cross-appealed the denial of attorney's fees under Florida's Subdivided Land Sales Act, arguing the statute permits fee
• DON Carlos Foods, Inc. v. Liquid Carbonic Corp.
  517 So. 2d 34· Fla. 3d DCA· 1987-11-10
• Delves v. Morehead
  512 So. 2d 1137· Fla. 1st DCA· 1987-09-23
  The court affirmed directed verdicts for defendants Morehead and Newton on claims of intentional interference with contract and theft by fraud, finding insufficient evidence that defendants made fraudulent representations to induce KVP to breach its contract with plaintiff Delves
• Economu v. Borg-Warner Corp. & Burns Int'l Sec. Servs., Inc.
  829 F.2d 311· 2d Cir.· 1987-09-16
  The court held that the plaintiff's Age Discrimination in Employment Act (ADEA) claim was untimely filed because the 300-day limitation period began to run when the employer communicated its discriminatory decision to the plaintiff or his attorney, and the plaintiff's remaining s
• Hikes v. McNAMARA Pontiac, Inc.
  510 So. 2d 1212· Fla. 5th DCA· 1987-08-13
  A trial court may grant remittitur in a fraudulent inducement case, but must properly account for trade-in value without double-counting the financed portion of the trade-in vehicle.
• E. Tex. Mack Sales, Inc. v. Nw. Acceptance Corp.
  819 F.2d 116· 5th Cir.· 1987-06-15
  The court held that the district court erred in denying the motion to remand because the appellants stated a legitimate cause of action against the in-state defendant (Paulson) for fraudulent inducement under Texas law, thus defeating complete diversity.
• Moffatt Enters., Inc. v. Borden Inc.
  807 F.2d 1169· 3d Cir.· 1986-12-22
  The court held that the releases in the distributorship agreements did not shield Borden from liability for fraudulent misrepresentations that induced the plaintiffs to enter the contracts, and that the individual plaintiffs had standing to pursue their claims.
• W.M. Phillips v. Chevron U.S.A., Inc.
  792 F.2d 521· 5th Cir.· 1986-06-23
  A franchisor does not breach its fiduciary duty to a franchisee by ceasing discounts when the contract permits such action and there is no evidence of bad faith or fraudulent inducement.
• DeWITT v. Sottrel
  489 So. 2d 1227· Fla. 5th DCA· 1986-06-12
• Seismic Int'l Research Corp. v. S. Ranch OIL Co., Inc.
  793 F.2d 227· 10th Cir.· 1986-06-03
  The court held that the trial court did not err in denying SROC's jury instructions on tortious interference and contract modification, nor in its instructions on material breach, and that the protective order was harmless error. However, the court reversed the denial of SI's req
• Sarbast Jaff v. Cal-Maine Foods
  774 F.2d 1314· 5th Cir.· 1985-10-25
  The court held that the release agreement between the parties was supported by sufficient consideration and was therefore valid, precluding the breach of contract claim.
• Brigitte Schlange-Schoeningen v. Parrish
  767 F.2d 788· 11th Cir.· 1985-08-02
  A merger clause in a real estate contract does not bar an action for fraud when the fraud involved actively creating a false record to deceive a party, rather than merely making a false promise.
• Brown v. G.B.B. Invs., Inc.
  468 So. 2d 365· Fla. 3d DCA· 1985-04-16
  The court reversed summary judgment for the defendants because they failed to conclusively establish that the plaintiffs did not rely on the defendants' alleged misrepresentation that properties were "up to grade," leaving a genuine issue of material fact for trial.
• Miranda v. Julian
  463 So. 2d 327· Fla. 5th DCA· 1985-01-03
• Davis v. Dep't of Health & Rehabilitative Servs.
  461 So. 2d 210· Fla. 1st DCA· 1984-12-18
  The court held that the second amended complaint adequately stated causes of action for fraudulent inducement, breach of contract, declaration of rights, and unjust enrichment, entitling the plaintiff to a trial on the merits.
• Eytan Gold v. Perry
  456 So. 2d 1197· Fla. 4th DCA· 1984-08-29
  The Fourth District Court of Appeal reversed a judgment for the Perrys in a fraudulent misrepresentation case involving the sale of a bagel restaurant, holding that the trial court erred by instructing the jury that a party who conducts an independent investigation is charged wit
• Se. Leisure Sys., Inc. v. Lantice & Ronnie Green, Inc.
  453 So. 2d 112· Fla. 1st DCA· 1984-07-03
  Southeastern Leisure Systems appealed the dismissal of its multi-count complaint against the Greens and subsequent purchasers of a miniature golf course, stemming from breach of agreements to place and service coin-operated machines. The court affirmed dismissal of most counts bu
• Century Props., Inc. v. MacHtinger
  448 So. 2d 570· Fla. 2d DCA· 1984-04-06
  Century Properties and Richard Simons appealed a judgment awarding compensatory and punitive damages to homeowners over a construction contract dispute involving change order billing. The court affirmed compensatory damages but reversed the punitive damages award, holding that fr
• First Nat'l Bank & Tr. Co. of Bismarck v. Peterson
  720 F.2d 536· 8th Cir.· 1983-11-09
  The court held that the trial court did not commit clear error in finding that the defendant did not prove fraudulent inducement, and that the plaintiff was entitled to collect on the promissory note.
• Dolphus Newman, Inc. v. Barber Indus., Inc.
  437 So. 2d 228· Fla. 2d DCA· 1983-09-14
  The court held that the trial court erred in not awarding lost rental damages because the seller wrongfully waived a notice requirement, but upheld the denial of punitive damages and the amount of compensatory damages awarded for the sale of the structures.
• Ward v. Branch
  429 So. 2d 71· Fla. 4th DCA· 1983-04-06
  A real estate broker sued a property owner for breach of an exclusive listing agreement after the owner withdrew the property from sale and refused to accept a buyer the broker had procured. The court affirmed the trial court's judgment awarding the broker his full commission, ho
• Levenson v. Brightside Ltd.
  426 So. 2d 61· Fla. 4th DCA· 1983-01-26
  The Levensons sued Brightside Limited for fraud and misrepresentation in the sale of a residential unit at Banyan Springs, alleging the developer made fraudulent oral representations. The trial court dismissed the complaint based on a contract clause disclaiming reliance on oral
• Crawford v. Kemmons Wilson
  693 F.2d 606· 6th Cir.· 1982-11-24
  The court held that the district court's interpretation of the stock purchase agreement's warranty and set-off provisions, which denied the buyer a set-off based on book value at closing, was reasonable and not clearly erroneous.
• Bestway Refrigerated Servs., Inc. v. Simmons
  421 So. 2d 1104· Fla. 5th DCA· 1982-11-17
  Bestway Refrigerated Services appeals a summary judgment denying recovery under a cargo insurance policy after a fraudulent individual posing as an employee of a trucking company picked up a shrimp shipment and disappeared. The court reversed, holding that fraud in establishing a
• Geisco, Inc. v. Honeywell, Inc.
  682 F.2d 54· 2d Cir.· 1982-06-25
  The court held that the district court correctly granted a directed verdict for the defendant on the grounds of accord and satisfaction, as the plaintiff's acceptance of a termination payment was a reasonable understanding of full settlement.
• Jarzem v. Bierhaus
  415 So. 2d 88· Fla. 4th DCA· 1982-06-09
  A husband sought to reverse a dissolution of marriage judgment that returned property to his wife after the trial court found he fraudulently induced marriage to acquire her assets while concealing his true intent and actual ability to engage in sexual relations. The appellate co
• Santavicca & Assocs., Inc. v. Carlo
  404 So. 2d 1139· Fla. 4th DCA· 1981-10-21
  Santavicca & Associates sued chiropractor John Carlo for breach of contract after he stopped paying for a promised practice management system. The trial jury ruled in favor of Santavicca and rejected Carlo's fraud counterclaim, but the trial court granted a new trial based on fin
• Triangle Underwriters, Inc. v. Honeywell, Inc.
  651 F.2d 132· 2d Cir.· 1981-06-05
  The court affirmed the district court's decision to set aside a portion of the jury's damages award, finding the plaintiff did not prove proximate causation for those damages.
• Holder v. Maaco Enters.
  644 F.2d 310· 4th Cir.· 1981-03-09
  The court held that signing an addendum to a franchise agreement does not automatically waive a claim for fraudulent inducement if the franchisee did not know of the fraud or their right to sue at the time of signing.
• Fed. Deposit Ins. Corp. v. Lauterbach
  626 F.2d 1327· 7th Cir.· 1980-07-17
  The court held that the defendants' allegations of fraud and lack of consideration did not present genuine issues of material fact, and affirmed the district court's grant of summary judgment for the FDIC.
• Kelly v. Stevenson
  378 So. 2d 1304· Fla. 4th DCA· 1980-01-04
  Kelly appealed a directed verdict entered against her in a property ownership dispute. The court reversed, finding that Kelly presented competent evidence of an oral and written trust agreement and that her action was timely filed within three years of discovering the breach.
• Advanced Studios OF Ala., Inc. v. Advanced Hairpiece, Inc.
  607 F.2d 1138· 5th Cir.· 1979-12-07
  A party who reads a contract and has counsel review it cannot claim fraud in the inducement based on misrepresentations about the contract's contents.
• Sunrise Farms, Inc. v. Wright
  376 So. 2d 457· Fla. 1st DCA· 1979-10-31
  Sunrise Farms sought rescission of a purchase and sale agreement based on fraudulent inducement, but the trial court granted summary judgment for the defendant. The appellate court affirmed, holding that the plaintiffs waived any rescission rights by entering into modification ag
• Majestic Builders Corp. v. Harris
  598 F.2d 238· D.C. Cir.· 1979-03-27
  The court held that a change order for unforeseen foundation work was supported by adequate consideration and that a contractor's attachment of rents was valid against a mortgagee's claim where no default had occurred.
• Canyon Land Park, Inc. v. Riley
  575 F.2d 550· 5th Cir.· 1978-06-22
  Summary judgment was inappropriate because genuine issues of material fact existed regarding the defendant's good faith efforts to fulfill conditions precedent.
• Allen v. OIL Shale Corp.
  570 F.2d 154· 6th Cir.· 1978-02-13
  The court held that a directed verdict was properly granted for the defendants on claims of fraudulent inducement, tortious interference, and antitrust violations.
• Clayton Brokerage Co. OF ST. Louis, Inc. v. Teleswitcher Corp.
  555 F.2d 1349· 8th Cir.· 1977-04-06
  The court held that there was sufficient evidence to support the fraud charge and the findings of agency and alter ego, and that the claims were not waived by continued use of the equipment.
• Am. Elec. Power Serv. Corp. v. Beshear
  529 F.2d 1113· 6th Cir.· 1976-01-20
  The court held that Beshear was not acting as a real estate broker and was therefore not precluded from recovery under the agreement, and that AEP's fraud claim was unsupported by evidence.
• Ferguson v. J H N Cattle Co.
  507 F.2d 569· 8th Cir.· 1974-12-23
  The court held that there was sufficient evidence for the jury to find that J H N committed fraud by suppressing information about cattle shortages and Churchill's unreliability, and that Churchill's actions could be imputed to J H N.
• Carroll v. Pease
  40 Fla. Supp. 140· St. Lucie Cty. Cir. Ct.· 1974-03-27
  A former wife sought to set aside a quit claim deed she executed to her ex-husband as part of a divorce settlement, alleging he fraudulently induced her to sign it by falsely agreeing to custody terms he later violated. The court rejected her fraud claim, holding that the ex-husb
• Shaw v. Dunn
  287 So. 2d 404· Fla. 3d DCA· 1973-12-19
  Shaw appeals jury verdicts awarding both compensatory and punitive damages in a stock fraud case. The court affirmed compensatory damages but reversed punitive damages, holding that fraud in stock trading cases requires evidence of malice and outrageous aggravation to support pun
• Ranco Fertiservice, Inc. v. Delmar F. Laursen
  456 F.2d 988· 8th Cir.· 1972-03-28
  The court held that the award of attorneys' fees and punitive damages was improper due to insufficient evidence and the nature of the claim, and reversed the judgment accordingly.
• Westchester Fire Ins. Co. v. United OF Fla., Inc.
  256 So. 2d 544· Fla. 4th DCA· 1972-01-14
  The court held that genuine issues of material fact remained, precluding summary judgment.
• Travel Internationale, Ltd. v. Batchelor
  234 So. 2d 648· Fla.· 1970-04-22
  The court held that the District Court of Appeal did not err in affirming summary judgment, as its language was not in conflict with prior precedent when properly interpreted.
• Nat'l Union Fire Ins. Co. OF Pittsburgh v. Robuck
  203 So. 2d 204· Fla. 1st DCA· 1967-10-05
  National Union Fire Insurance Company appeals summary judgments awarding subcontractors recovery on a performance bond despite the principal's fraud in obtaining the bond. The court holds that fraud by the principal does not vitiate the surety's liability to innocent obligees who
• Gaillard v. Field
  381 F.2d 25· 10th Cir.· 1967-07-21
  The court held that Oklahoma's public policy against regulating oil and gas interests as securities justified refusing to apply California securities law, even if the contracts were considered securities under California law.
• Arent v. Bray
  371 F.2d 571· 4th Cir.· 1967-01-10
  The court held that the trial court's finding that the defendant did not act as a promoter and make misrepresentations was not clearly erroneous, and thus the plaintiff failed to meet the burden of proof.