Fraudulent Inducement

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

• Tunnage v. Bostic
  641 So. 2d 499· Fla. 4th DCA· 1994-08-24 ·cited 29×
  A property dispute case where the trial court's seven-month delay in entering a final judgment, combined with a confusing and internally contradictory judgment, warranted reversal and a new trial. The court held that while no bright-line rule exists for determining reasonable del
• Kilpatrick v. Riddle
  907 F.2d 1523· 5th Cir.· 1990-07-25 ·cited 29×
  The D’Oench, Duhme doctrine bars borrowers from bringing actions against the FDIC as receiver based on fraud in the inducement, even if those actions are framed as federal securities law claims.
• Northcutt v. Pathway Fin.
  555 So. 2d 368· Fla. 3d DCA· 1989-09-19 ·cited 29×
  Northcutt, a defendant in a suit on a guaranty, appealed a partial summary judgment that struck his affirmative defenses and counterclaim on res judicata grounds. The Third District Court of Appeal dismissed the appeal, holding that the partial summary judgment was a non-final, n
• Telesphere Int'l, Inc. v. Scollin
  489 So. 2d 1152· Fla. 3d DCA· 1986-05-06 ·cited 29×
  Scollin sued his former employer Telesphere for breach of employment contract and fraudulent inducement. The trial court directed a verdict against him on the fraud claim but the jury found for him on the contract claim. The appellate court reversed, holding that while Telesphere
• Khawly v. Evelyne Reboul and Jean Claude Reboul
  488 So. 2d 856· Fla. 3d DCA· 1986-05-06 ·cited 29×
  The Rebouls sued Khawly, Bodne, and Richard for breach of an oral contract to form a retail sportswear corporation in which the Rebouls would own a controlling interest. The court held that the oral agreement fell within Florida's statute of frauds because the parties intended th
• Gregg v. U.S. Indus., Inc.
  715 F.2d 1522· 11th Cir.· 1983-09-30 ·cited 29×
  The court held that the jury instructions on damages were erroneous because they excluded the 'earnout stock' from the calculation of consideration given by USI, and that the statute of frauds and parol evidence rule did not bar Gregg's fraud claim.
• Delmarie Donald v. Mrylene Barrera
  350 So. 3d 465· Fla. 3d DCA· 2023-10-25 ·cited 28×
  Claims for fraud and negligence are barred by Florida's four-year statute of limitations when the plaintiff discovered or should have discovered the facts giving rise to the cause of action more than four years before filing suit.
• Schuman v. Int'l Consumer Corp.
  50 So. 3d 75· Fla. 4th DCA· 2010-12-08 ·cited 28×
  The Fourth District Court of Appeal reversed the trial court's denial of a motion for relief from judgment without an evidentiary hearing in a fraud case. The appellant was tried in absentia and obtained a default judgment against him after his newly retained counsel failed to re
• Rufus Palmer, M.D. v. Santa FE Healthcare Sys., Inc.
  582 So. 2d 1234· Fla. 1st DCA· 1991-07-17 ·cited 28×
  Summary judgment was improperly granted on the fraud count because disputed issues of material fact existed regarding fraudulent inducement, but was proper on the breach of contract count.
• Deepwater Invs. v. Jackson Hole SKI Corp. & Paul M. McCollister
  938 F.2d 1105· 10th Cir.· 1991-07-10 ·cited 28×
  The court held that genuine issues of material fact did not exist, and summary judgment for the defendant was proper.
• Giardono v. Jones
  867 F.2d 409· 7th Cir.· 1989-02-01 ·cited 28×
  A former employee who becomes an employer may still be a participant in a welfare plan and may pursue claims related to their status as a participant, even if the plan assets cannot inure to the benefit of an employer.
• Rozay's Transfer v. Local Freight Drivers
  850 F.2d 1321· 9th Cir.· 1988-06-24 ·cited 28×
  The court held that the district court had jurisdiction under LMRA § 301 to hear a claim of fraudulent inducement in the formation of a collective bargaining agreement, and that the employer's reliance on the union's misrepresentation was reasonable.
• Gregorio MacHado and Sounds S.R.L. v. Foreign Trade, Inc.
  478 So. 2d 405· Fla. 3d DCA· 1985-11-05 ·cited 28×
  Sounds S.R.L. appeals a judgment for fraud in the inducement and breach of promissory notes, challenging the punitive damages award, exclusion of expert testimony, bifurcation of attorney's fees and interest issues, and the plaintiff's corporate status. The court affirms the frau
• Neeley v. Bankers Tr. Co. OF Tex.
  757 F.2d 621· 5th Cir.· 1985-04-15 ·cited 28×
  The court held that the indefiniteness of essential contract terms renders the entire agreement unenforceable, but the defendant remains liable for fraud. The court also found the plaintiff liable for certain promissory notes.
• Bus. Aide Computers, Inc. v. Cent. Fla. Mack Trucks, Inc.
  432 So. 2d 681· Fla. 5th DCA· 1983-06-02 ·cited 28×
  Business Aide Computers appeals a trial court's denial of its motion to transfer venue from Orange County to Palm Beach County based on a contractual venue provision. The appellate court reversed, holding that a venue provision in a lease agreement applies even when the lawsuit i
• Darrel Carnell v. Carnell
  398 So. 2d 503· Fla. 5th DCA· 1981-05-27 ·cited 28×
  The court held that the antenuptial agreement was valid and enforceable, and that the husband's claims of fraud, undue influence, overreaching, abandonment, and due process violations were without merit.
• Manu Int'l, S.A. v. Avon Prods., Inc.
  641 F.2d 62· 2d Cir.· 1981-01-20 ·cited 28×
• Eli W. Tullis and Edward F. Creekmore, Jr. v. Kohlmeyer & Co.
  551 F.2d 632· 5th Cir.· 1977-04-28 ·cited 28×
  The court held that claims under federal securities laws are subject to arbitration when brought by members of a stock exchange who have agreed to arbitrate disputes, as Section 28(b) of the 1934 Act overrides the non-waiver provisions in such cases.
• Zakoor v. Zakoor
  240 So. 2d 193· Fla. 4th DCA· 1970-10-14 ·cited 28×
  In this divorce appeal, the Florida District Court of Appeal held that a property settlement agreement between the divorcing parties was valid and binding where it was executed in good faith without fraud or duress, despite the trial court's attempt to reject its property divisio
• Grady L. West and Clifford C. Graham v. Gilbert
  361 F.2d 314· 2d Cir.· 1966-05-18 ·cited 28×
  The court held that the district court did not abuse its discretion in dismissing the action for failure to prosecute and in denying the motion to vacate the dismissal order.
• Murphy v. United States
  206 F.2d 571· 5th Cir.· 1953-08-06 ·cited 28×
  The court held that the trial court erred in its jury instructions regarding the definition of 'stolen' and the materiality of a bill of sale, and in admitting evidence of the defendant's resale of the vehicles.
• Taylor v. Maness
  941 So. 2d 559· Fla. 3d DCA· 2006-11-15 ·cited 27×
  The Taylors sued the Manesses to enforce a real estate contract for the Marathon Property after Mr. Maness terminated it. The court held that the Marathon Property constituted the Manesses' homestead, protected from forced sale under Florida's homestead exemption, and that Mrs. M
• Dynasty Express Corp. v. Bernie T. Weiss
  675 So. 2d 235· Fla. 4th DCA· 1996-06-19 ·cited 27×
  Dynasty Express Corporation appeals a judgment entered on an accepted offer of judgment, raising two issues: whether its verbal withdrawal of the offer was effective, and whether the trial court should have held an evidentiary hearing on fraud allegations. The court affirmed the
• In the Matter of: Meyerland Co. v. Meyerland Co.
  960 F.2d 512· 5th Cir.· 1992-05-13 ·cited 27×
  The court held that the amended 12 U.S.C. § 1819(b)(2)(B) permits removal by the Corporation even in unusual circumstances where it is substituted as a party.
• Nat'l Union Fire Ins. Co. OF Pittsburgh v. Turtur
  892 F.2d 199· 2d Cir.· 1989-12-18 ·cited 27×
  The court held that summary judgment enforcing the indemnity agreements was improper because a genuine issue of material fact exists regarding whether these agreements were part of an overall contract induced by fraud. However, the court affirmed the denial of summary judgment on
• In re OIL Spill BY the "Amoco Cadiz" OFF the Coast OF France March 16 v. Bugsier Reederei AND Bergungs
  659 F.2d 789· 7th Cir.· 1981-09-15 ·cited 27×
  The court held that tort claims arising out of or related to a salvage operation are arbitrable under the Lloyd's Standard Form of Salvage Agreement, even if the alleged torts occurred before the agreement was finalized or salvage began.
• James v. DuBREUIL
  500 F.2d 155· 5th Cir.· 1974-09-12 ·cited 27×
  The court held that the district court properly applied the defenses of unclean hands and in pari delicto to bar the plaintiff's suit, affirming the dismissal.
• Pemelman v. Pemelman
  186 So. 2d 552· Fla. 2d DCA· 1966-05-20 ·cited 27×
  In this 1966 Florida divorce appeal, the wife challenged a property settlement agreement as inequitable, fraudulent, and procured by coercion, and also contested the custody award of four minor children to the husband. The court affirmed the divorce decree and custody award, hold
• Donesia Best v. Educ. Affiliates, Inc.
  82 So. 3d 143· Fla. 4th DCA· 2012-02-22 ·cited 26×
  Former students of a for-profit medical institute challenged a trial court's order compelling arbitration of their breach of contract and fraud claims. The appellate court affirmed, holding that without a hearing transcript, the students failed to preserve their factual challenge
• New Lenox Indus., Inc. v. Fenton
  510 F. Supp. 2d 893· M.D. Fla.· 2007-05-03 ·cited 26×
  The court held that personal jurisdiction over the defendants was proper under Florida's long-arm statute and the Due Process Clause, and that the breach of contract claim was not time-barred on the face of the pleadings.
• Shands Teaching Hosp. & Clinics v. Beech St. Corp. & Unisys Corp.
  899 So. 2d 1222· Fla. 1st DCA· 2005-04-20 ·cited 26×
  Shands Teaching Hospital appeals the dismissal of its unjust enrichment and tortious interference claims against Unisys Corporation, arising from Unisys's role as third-party administrator of the Florida State Group Health Insurance Program. The court reverses the dismissal of th
• Kelly v. Cmty. Hosp. OF the Palm Beaches, Inc.
  818 So. 2d 469· Fla.· 2002-05-16 ·cited 26×
  The Florida Supreme Court reversed the Third District Court of Appeal's affirmance of a jury verdict in a fraud case, finding that jurors committed egregious misconduct by failing to disclose material information during voir dire, including a juror who was a disbarred lawyer with
• Klaus Zurstrassen v. Stonier
  786 So. 2d 65· Fla. 4th DCA· 2001-05-16 ·cited 26×
  Klaus Zurstrassen appeals a summary judgment quieting title in favor of his brother's subsequent purchasers, claiming a forged deed conveyed his property interest without his knowledge or consent. The court reverses, holding that material issues of fact preclude summary judgment
• Pulte Home Corp. v. Osmose Wood Preserving, Inc.
  60 F.3d 734· 11th Cir.· 1995-07-18 ·cited 26×
  Pulte Home Corporation, a homebuilder, sued Osmose Wood Preserving for damages resulting from the deterioration of fire-retardant treated plywood used in 1876 townhouses. A jury found Osmose liable for negligence and fraud, awarding $3,750,000 in compensatory damages and $2,500,0
• Norris v. Paps
  615 So. 2d 735· Fla. 2d DCA· 1993-02-19 ·cited 26×
  The court reversed a foreclosure judgment entered against defendants who raised fraud in the inducement as an affirmative defense and filed a compulsory counterclaim. The trial court improperly severed the counterclaim and granted foreclosure on the pleadings without resolving th
• Mar. Elec. Co., Inc. v. United Jersey Bank
  959 F.2d 1194· 3d Cir.· 1991-12-02 ·cited 26×
  The New Jersey district court retained subject matter jurisdiction over claims related to a bankruptcy case filed in another district, and its proceedings were not automatically voided by the bankruptcy filing.
• Pieter Bakker Mgmt., Inc. v. First Fed. Sayings & Loan Ass'n
  541 So. 2d 1334· Fla. 3d DCA· 1989-04-18 ·cited 26×
  The court held that a release in a settlement agreement bars claims arising before its execution, but not those arising after, and that a third-party complaint failed to state a cause of action for negligence or RICO violations.
• Fed. Deposit Ins. Corp. for Penn Square Bank, N.A. v. Myron J. Palermo
  815 F.2d 1329· 10th Cir.· 1987-04-03 ·cited 26×
  The court held that the trial court did not abuse its discretion in allowing a jury trial, nor in denying motions for directed verdict and judgment notwithstanding the verdict, but that the statute of limitations barred the defendant's claim for affirmative relief.
• Pross v. Katz
  784 F.2d 455· 2d Cir.· 1986-02-28 ·cited 26×
  The court held that allegations of fraud must be in connection with the purchase or sale of securities, and a general breach of fiduciary duty or a future fraudulent scheme not integral to the transaction does not satisfy this requirement.
• Fed. Deposit Ins. Corp. v. Invs. Assocs. X., Ltd.
  775 F.2d 152· 6th Cir.· 1985-10-23 ·cited 26×
  A maker of a note who lends himself to a transaction likely to mislead banking authorities is estopped under D'Oench, Duhme from asserting defenses against the FDIC, regardless of the maker's intent or the FDIC's knowledge of the scheme.
• Cent. Microfilm Serv. Corp. v. Basic/Four Corp.
  688 F.2d 1206· 8th Cir.· 1982-09-24 ·cited 26×
  The court held that the appeal and cross-appeal were dismissed for lack of jurisdiction, but granted CMS's petition for mandamus to enter judgment on the full jury verdicts.
• Edinburgh Assurance Co. v. R. L. Burns Corp. & Am. Pac. Int'l, Inc.
  669 F.2d 1259· 9th Cir.· 1982-01-22 ·cited 26×
  The court affirmed the district court's determination that the Gatto was an actual total loss under the British Marine Insurance Act of 1906.
• Scholz Homes, Inc. v. Wallace
  590 F.2d 860· 10th Cir.· 1979-01-18 ·cited 26×
  The court affirmed the trial court's judgment, holding that the escrow agreement was unenforceable due to lack of delivery and that the measure of damages for fraudulent inducement to contract with a third party should be out-of-pocket loss, not benefit-of-the-bargain.
• Mercer v. C. A. Roberts Co.
  570 F.2d 1232· 5th Cir.· 1978-04-06 ·cited 26×
  The court should reverse the district court's denial of relief to plaintiff Mercer, as the Texas statute of frauds does not bar his claim for earned compensation.
• Stark Ritchie v. Landau
  475 F.2d 151· 2d Cir.· 1973-03-14 ·cited 26×
  The court held that the plaintiff was collaterally estopped from relitigating his bonus claim against Landau, and his fraud claim was also barred due to lack of distinguishable damages.
• Phillips Petroleum Co. v. Rau Const. Co.
  130 F.2d 499· 8th Cir.· 1942-08-19 ·cited 26×
  The court held that the construction contract was not void for uncertainty or lack of mutuality, and that the fraud and breach claims were waived or unsupported by evidence.
• Mantilla v. Fabian
  284 So. 3d 575· Fla. 4th DCA· 2019-11-20 ·cited 25×
  A release does not bar fraud in the inducement claims unless the release explicitly and specifically negates the right to bring such claims.
• Chiu v. Wells Fargo Bank
  242 So. 3d 461· Fla. 3d DCA· 2018-03-28 ·cited 25×
  A trial court's failure to conduct a hearing on a summary judgment motion, as required by Florida Rule of Civil Procedure 1.510(c), constitutes fundamental error and denial of due process, requiring reversal regardless of whether the issue was preserved below.
• Cap. ONE, N.A. v. Forbes
  34 So. 3d 209· Fla. 2d DCA· 2010-05-12 ·cited 25×
  The court held that the trial court's protective order sufficiently protected the bank's trade secrets, and that discovery of other claims did not cause irreparable harm.
• Lynkus Commc'ns, Inc. v. Webmd Corp.
  965 So. 2d 1161· Fla. 2d DCA· 2007-08-15 ·cited 25×
  LynkUs Communications sued WebMD, Medical Manager, and an officer for breach of an alleged oral agreement to provide wireless communications services, asserting claims for fraud, negligent misrepresentation, promissory estoppel, quantum meruit, and account stated. The trial court