Fraudulent Inducement

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

• Linville v. Ginn Real Est. Co., LLC
  697 F. Supp. 2d 1302· M.D. Fla.· 2010-03-10 ·cited 34×
  The court granted in part and denied in part the defendant's motion to dismiss, dismissing claims for negligent misrepresentation, fraudulent inducement, and constructive fraud against SunTrust due to insufficient pleading, but allowing a claim for violation of Florida Statute §
• Mac-Gray Servs., Inc. v. DeGEORGE
  913 So. 2d 630· Fla. 4th DCA· 2005-07-06 ·cited 34×
  Mac-Gray Services appealed a jury verdict awarding damages to the DeGeorges for fraudulent inducement and breach of fiduciary duty in connection with the sale of laundromat equipment. The court reversed, holding that no fiduciary duty existed in this arm's-length commercial trans
• Owens & Minor Med., Inc. v. Innovative Mktg. & Distrib. Servs., Inc.
  711 So. 2d 176· Fla. 4th DCA· 1998-05-13 ·cited 34×
  Owens & Minor Medical, Inc., appealed from the trial court's denial of its motion to compel arbitration and stay proceedings on appellee's counterclaim. The court affirmed, holding that the appellant had waived its right to arbitration through active participation in litigation,
• Imogene Varnes v. Dawkins
  624 So. 2d 349· Fla. 1st DCA· 1993-09-14 ·cited 34×
  The appellate court reversed a trial court's dismissal of a complaint, finding that the complaint sufficiently stated a cause of action for equitable title to real property. The court emphasized that a motion to dismiss requires accepting all factual allegations as true, and that
• Astor Chauffeured Limousine Co. v. Runnfeldt Inv. Corp.
  910 F.2d 1540· 7th Cir.· 1990-08-24 ·cited 34×
  The court held that the § 12(2) claim was time-barred, but that the contract did not preclude claims for fraud in the inducement and that the jury's finding of materiality was supported by evidence. However, a new trial was ordered due to the erroneous submission of a claim incon
• Gibraltar Savings v. Ldbrinkman Corp.
  860 F.2d 1275· 5th Cir.· 1988-12-02 ·cited 34×
  The court denied the petition for rehearing, as the factual corrections did not affect the original outcome.
• Tinker v. De Maria Porsche Audi, Inc.
  459 So. 2d 487· Fla. 3d DCA· 1984-12-04 ·cited 34×
  A used car purchaser bought a defective Jaguar through fraud and sought to rescind the contract and recover damages. The court held that fraud in the inducement cannot be barred by a conspicuous warranty disclaimer in the sales contract, and that the seller's fraud constitutes a
• Fischer Constr. Co. v. Fireman's Fund Ins. Co.
  420 F.2d 271· 10th Cir.· 1969-12-19 ·cited 34×
  The court held that the Fischers' liability under the indemnity agreement was established as a matter of law, and their evidence regarding completion costs was insufficient to support the jury's reduced award.
• Repsold v. NEW York Life Ins. Co.
  216 F.2d 479· 7th Cir.· 1954-11-01 ·cited 34×
• Bland v. Fid. Tr. Co.
  71 Fla. 499· Fla.· 1916-04-12 ·cited 34×
  Fidelity Trust Company purchased a negotiable promissory note endorsed by McLaughlin Brothers and sought to recover from the makers. The defendant makers challenged the note on multiple grounds, including fraud in inducement, failure of consideration, and alleged material alterat
• Siever v. BWGaskets, Inc.
  669 F. Supp. 2d 1286· M.D. Fla.· 2009-10-27 ·cited 33×
  The court held that genuine issues of material fact preclude summary judgment on the FDUTPA and fraud claims, and that the contract language is unambiguous regarding the defendants' duty to protect territories.
• Goodall v. Whispering Woods Ctr., L.L.C.
  990 So. 2d 695· Fla. 4th DCA· 2008-09-24 ·cited 33×
  Michael Goodall, as assignee of MKJH, LLC, appealed the dismissal of his reformation claim against Whispering Woods Center for allegedly changing contracted 12-foot ceiling heights to 10-foot ceilings in a commercial real property purchase agreement. The Fourth District reversed
• Labbee v. Harrington
  913 So. 2d 679· Fla. 3d DCA· 2005-09-21 ·cited 33×
  Beatriz Labbee appealed from an order vacating a final default judgment against James Harrington regarding a condominium sale dispute. The appellate court reversed, holding that Labbee's complaint contained sufficient jurisdictional allegations to invoke Florida's long-arm statut
• Rollins, Inc. v. Lighthouse BAY Holdings, Ltd.
  898 So. 2d 86· Fla. 2d DCA· 2005-01-07 ·cited 33×
  Rollins, Inc. and Orkin Exterminating Company appealed a trial court's decision refusing to enforce an arbitration clause in their service contract with Lighthouse Bay Holdings. The appellate court reversed, holding that questions regarding whether remedial limitations in an arbi
• Golden Palm Hospitality, Inc. v. Stearns Bank Nat'l Ass'n
  874 So. 2d 1231· Fla. 5th DCA· 2004-05-28 ·cited 33×
  Golden Palm Hospitality challenged a trial court's dismissal of its breach of contract and related claims against Stearns Bank based on a forum selection clause in their loan agreement. The Fifth District Court of Appeal reversed, holding that the forum selection clause was permi
• Maris Distrib. Co. v. Anheuser-Busch, Inc.
  710 So. 2d 1022· Fla. 1st DCA· 1998-05-20 ·cited 33×
  Maris Distributing Company sought certiorari review of a trial court order that separated Maris's breach of contract claim from thirteen collateral claims for trial and stayed discovery on the collateral counts. The First District Court of Appeal granted the petition, holding tha
• Saunders Leasing Sys., Inc. v. Gulf Cent. Distrib. Ctr., Inc.
  513 So. 2d 1303· Fla. 2d DCA· 1987-09-18 ·cited 33×
  Saunders Leasing System appeals a $572,000 judgment for breach of contract and fraud after Gulf Central rejected delivered trucks and repudiated a vehicle lease agreement. The court reversed, finding that Gulf Central anticipatorily repudiated the contract without proper notice a
• Executive Ctrs. OF Am., Inc. v. Durability Seating & Interiors
  402 So. 2d 24· Fla. 3d DCA· 1981-07-07 ·cited 33×
  The court held that a voluntary dismissal of a lawsuit does not, by itself, demonstrate a complete absence of a justiciable issue, which is required for awarding attorney's fees under Section 57.105, Florida Statutes.
• Shear v. The Nat'l Rifle Ass'n OF Am.
  606 F.2d 1251· D.C. Cir.· 1979-08-15 ·cited 33×
  A real estate broker's commission, contingent on settlement, is still payable if the seller wrongfully prevents the condition from occurring, and the broker is entitled to a trial on claims of breach of contract and fraud.
• Wolowitz v. Thoroughbred Motors, Inc.
  765 So. 2d 920· Fla. 2d DCA· 2000-08-25 ·cited 32×
  Charles Wolowitz purchased a salvage automobile from Thoroughbred Motors with an oral agreement that it would receive a rebuildable title after repair. When Thoroughbred failed to deliver the rebuildable title, Wolowitz sued for breach of contract, fraud, and other claims. The tr
• J. G. Plumbing Serv., Inc. v. Coastal Mortg. Co.
  329 So. 2d 393· Fla. 2d DCA· 1976-03-24 ·cited 32×
  A plumbing subcontractor appealed the dismissal of its counterclaim against a construction mortgage lender, arguing it was entitled to an equitable lien on undisbursed loan funds because the lender knew of the contractor's default but delayed asserting its rights, allowing the su
• In re the Arb. under Voyage Charter of January 13 v. Int'l Milling Co.
  401 F.2d 568· 2d Cir.· 1968-10-02 ·cited 32×
  On a motion to compel arbitration, a district court may only consider claims of laches that relate to issues the court must decide; all other laches claims must be resolved by the arbitrators.
• H. L. Peterson Co. v. Applewhite
  383 F.2d 430· 5th Cir.· 1967-09-01 ·cited 32×
  The court held that the district court had jurisdiction over Peterson, the counterclaim was not barred by the statute of limitations, and Peterson committed legal fraud. The measure of damages was not erroneous.
• Ramey v. Koons
  230 F.2d 802· 5th Cir.· 1956-02-29 ·cited 32×
  The court held that the parol evidence rule and Florida law on fraud and corporate liability precluded the landlord from recovering against the individual partner when the lease explicitly allowed assignment and release upon assumption by an assignee.
• Putnam Lumber Co. v. Berry
  146 Fla. 595· Fla.· 1941-04-15 ·cited 32×
  R.L. Berry sued Putnam Lumber Company, Joe Rauleson, and Dewey Adkinson for personal injuries when a logging rig tree fell on him while loading logs. The Florida Supreme Court affirmed a $12,000 judgment for Berry, holding that an employer remains liable for workplace safety even
• Peebles v. Puig
  223 So. 3d 1065· Fla. 3d DCA· 2017-05-10 ·cited 31×
  Peebles appeals a fraud judgment awarded to Puig for $423,100. The court reversed, holding that Puig's fraud claim against Peebles cannot proceed because the damages are identical to those from PADC's breach of contract, and Florida law prohibits recovery of identical contract da
• Abeid-Saba v. Carnival Corp.
  184 So. 3d 593· Fla. 3d DCA· 2016-01-27 ·cited 31×
  Passengers from the Costa Concordia cruise ship disaster sued Carnival Corporation and related entities in Florida state court after the ship ran aground in Italian waters on January 13, 2012. The court applied the forum non conveniens doctrine to evaluate whether the cases shoul
• Kaplan v. Kimball Hill Homes Fla., Inc.
  915 So. 2d 755· Fla. 2d DCA· 2005-12-09 ·cited 31×
  The court addressed whether claims arising from a residential construction contract—fraud, fraudulent inducement, and intentional infliction of emotional distress—are subject to arbitration under a broad arbitration clause. The court held that all three tort claims fall within th
• Tyson v. Viacom, Inc.
  890 So. 2d 1205· Fla. 4th DCA· 2005-01-12 ·cited 31×
  The Florida District Court of Appeal reversed a summary judgment, holding that the appellant's claims for breach of contract and fraud in the inducement were not barred by res judicata or the statute of limitations. The court found that the facts necessary to prove each claim wer
• Mettler, Inc. v. Ellen Tracy, Inc.
  648 So. 2d 253· Fla. 2d DCA· 1994-12-30 ·cited 31×
  A motion to dismiss for failure to state a cause of action must be reviewed by accepting all factual allegations as true and resolving inferences favorably to the plaintiff; the trial court erred in dismissing counts alleging fraud in the inducement, fraud in the concealment, and
• Kuehne & Nagel (AG & CO) v. Geosource, Inc.
  874 F.2d 283· 5th Cir.· 1989-06-05 ·cited 31×
  The court held that admiralty jurisdiction was lacking for the maritime tort and contract claims due to the failure to meet the situs requirement and the mixed nature of the contract, and that diversity jurisdiction was also lacking for one action. The court remanded for a jury t
• Matterhorn, Inc. v. NCR Corp.
  763 F.2d 866· 7th Cir.· 1985-06-06 ·cited 31×
  The court held that the jury's determination that the parties did not intend to incorporate the arbitration clause into the 1980 purchase order was not irrational and therefore affirmed the district court's denial of the motion to compel arbitration.
• Campbell v. The Upjohn Co.
  676 F.2d 1122· 6th Cir.· 1982-04-29 ·cited 31×
  The court held that the plaintiff's claim was barred by the statute of limitations because he failed to demonstrate the requisite diligence in discovering his cause of action, even if fraudulent concealment was alleged.
• Hauben v. Harmon
  605 F.2d 920· 5th Cir.· 1979-11-02 ·cited 31×
  The dissent argues that the sellers' actions and inquiries before signing the contract demonstrated the materiality of the condemnation possibility, which they failed to disclose.
• Fittipaldi USA, Inc. v. Helio Castroneves
  905 So. 2d 182· Fla. 3d DCA· 2005-03-30 ·cited 30×
  Fittipaldi USA, Inc. appeals a jury verdict in a breach of contract dispute with race car driver Helio Castroneves. The court affirmed the judgment, finding that while the trial court erred in allowing attorney Alan Miller's undisclosed expert testimony regarding contract quality
• Cardegna v. Buckeye Check Cashing, Inc.
  894 So. 2d 860· Fla.· 2005-01-20 ·cited 30×
  The Florida Supreme Court held that when a party alleges a contract is void under Florida law (here, for usury), a trial court—not an arbitrator—must first determine the contract's legality before any arbitration clause can be enforced. The court quashed the Fourth District's dec
• Maynard v. Household Fin. Corp. III
  861 So. 2d 1204· Fla. 2d DCA· 2003-12-10 ·cited 30×
  In a mortgage foreclosure action, the mortgagor raised a compulsory counterclaim for fraud in the inducement and breach of contract more than five years after the alleged misconduct. The court held that compulsory counterclaims in recoupment are not barred by the statute of limit
• Eye Care Int'l, Inc. v. Underhill
  92 F. Supp. 2d 1310· M.D. Fla.· 2000-03-31 ·cited 30×
  The court held that a breach of contract claim was sufficiently pleaded and an accounting claim was supported by an alleged fiduciary relationship, but fraud claims were barred by the economic loss rule as they were not independent of the contract.
• Ines Collia Kelly v. Tworoger
  705 So. 2d 670· Fla. 4th DCA· 1998-01-28 ·cited 30×
  Ines Kelly purchased a condominium from the Tworogers and sued two years later alleging non-disclosure of roof defects under Johnson v. Davis. She voluntarily dismissed the case, but the trial court awarded attorney's fees and sanctions against Kelly and her attorney. The appella
• Pruitt v. Levi Strauss & Co.
  932 F.2d 458· 5th Cir.· 1991-06-03 ·cited 30×
  The court held that stare decisis does not require adherence to a prior panel's flawed interpretation of state law when subsequent state court decisions clarify the law.
• LOU Bachrodt Chevrolet, Inc. v. Savage
  570 So. 2d 306· Fla. 4th DCA· 1990-07-18 ·cited 30×
  Lou Bachrodt Chevrolet appeals a jury verdict awarding compensatory and punitive damages to John Savage for fraudulent inducement, breach of contract, and Consumer Protection Act violations in the sale of a used Porsche. The appellate court affirms the fraud and Consumer Protecti
• Sw. Administrators, Inc. v. Rozay's Transfer
  791 F.2d 769· 9th Cir.· 1986-06-10 ·cited 30×
  Fraudulent inducement of a collective bargaining agreement by a union is not a valid defense for an employer against a trust fund's action to collect delinquent contributions under ERISA.
• United States v. Park Hung Quan
  789 F.2d 711· 9th Cir.· 1986-05-08 ·cited 30×
  The court held that the denial of the appellant's § 2255 petition was proper because his claims were either contradicted by the record, frivolous, or failed to state a claim for relief, thus not requiring an evidentiary hearing.
• Gregoria Valcin and Gerard Valcin v. Pub. Health Tr. OF Dade Cnty.
  473 So. 2d 1297· Fla. 3d DCA· 1984-06-05 ·cited 30×
  Gregoria Valcin sued Jackson Memorial Hospital for injuries from a failed tubal ligation sterilization procedure that resulted in an ectopic pregnancy. The court reversed summary judgment on informed consent and negligence claims, establishing that a hospital may be held liable w
• S. Cal. Retail Clerks Union & Food Emp'rs Joint Pension Tr. Fund v. Erling T. Bjorklund
  728 F.2d 1262· 9th Cir.· 1984-03-21 ·cited 30×
  Fraudulent inducement by a union is not a valid defense to a trust fund's action to collect delinquent contributions under ERISA and LMRA.
• In re Selcraig
  705 F.2d 789· 5th Cir.· 1983-05-27 ·cited 30×
  The court held that the reporter's qualified privilege to protect confidential sources had not yet been overcome because the plaintiff had not yet established a prima facie case for denial of a name-clearing hearing, which is a prerequisite for compelling disclosure for punitive
• Slater v. KFC Corp.
  621 F.2d 932· 8th Cir.· 1980-06-03 ·cited 30×
  The court held that a contractual disclaimer does not bar a fraud claim for inducing the contract and that the "benefit of the bargain" rule governs damages for fraud in the inducement. It also found that the jury instructions on fraud were flawed, requiring a new trial on both l
• Patton v. Archer
  590 F.2d 1319· 5th Cir.· 1979-03-07 ·cited 30×
  The court held that while the jury's award of damages for breach of contract was supported by sufficient evidence and proper jury instructions, the award of attorneys' fees was improper under Texas law as the claim was based on express contracts, not a sworn account.
• Wittlin v. Giacalone
  154 F.2d 20· D.C. Cir.· 1946-03-11 ·cited 30×
  The court held that the defendant's answer, when liberally construed, raised a genuine issue of material fact regarding fraud in the inducement, precluding summary judgment.
• United States v. Weese
  145 F.2d 135· 2d Cir.· 1944-10-24 ·cited 30×
  The court held that the district court did not err in denying the defendant's motion to withdraw his guilty plea.