Fraudulent Inducement

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

• Third Party Verification, Inc. v. Signaturelink, Inc.
  492 F. Supp. 2d 1314· M.D. Fla.· 2007-06-15 ·cited 25×
  The court adopted the Magistrate Judge's report and recommendations, denying all motions to dismiss filed by the defendants and the plaintiff.
• Mejia v. Jurich
  781 So. 2d 1175· Fla. 3d DCA· 2001-04-11 ·cited 25×
  Home purchasers appealed the dismissal of their fraud in the inducement claims against a Lennar Homes salesperson, alleging misrepresentations about home prices, railroad tracks, and zoning. The Third District Court of Appeal reversed, holding that the plaintiffs' allegations fel
• Eye Care Int'l, Inc. v. Underhill
  119 F. Supp. 2d 1313· M.D. Fla.· 2000-10-31 ·cited 25×
  The court held that the defendant failed to demonstrate that the balance of convenience strongly favored transferring the venue, and thus the plaintiff's choice of forum would not be disturbed.
• Liberty Commc'ns, Inc. v. MCI Telecomms. Corp.
  733 So. 2d 571· Fla. 5th DCA· 1999-05-07 ·cited 25×
  Liberty Communications and Thomas Hitchens appealed an order compelling arbitration and dismissing their complaint against MCI Telecommunications. The court held that while Liberty's claims could be compelled to arbitration under the contract, Hitchens—who signed the arbitration
• Straub Cap. Corp. v. L. Frank Chopin, P.A.
  724 So. 2d 577· Fla. 4th DCA· 1998-10-01 ·cited 25×
  Straub Capital Corporation (landlord) appeals a judgment awarding the law firm tenants $158,619 in lost profits for negligent misrepresentation regarding office space availability. The Fourth District Court of Appeal reversed, holding that the economic loss rule bars tort claims
• Perry v. P*I*E Nationwide, Inc.
  872 F.2d 157· 6th Cir.· 1989-04-10 ·cited 25×
  The court held that claims for breach of fiduciary duty and lack of consideration are preempted by ERISA, but claims for fraud, misrepresentation, and promissory estoppel are not preempted because ERISA may not provide an adequate remedy for these specific wrongs.
• Kempfer v. ST. Johns River Water Mgmt. Dist.
  475 So. 2d 920· Fla. 5th DCA· 1985-08-08 ·cited 25×
  The Kempfer family appealed a summary judgment dismissing their suit to rescind deeds and easements conveyed to a water management district in 1967, alleging fraudulent inducement. The appellate court reversed in part and remanded, finding that while the fraud allegations were in
• Associated Hardware Supply Co. v. The BIG Wheel Distrib. Co.
  355 F.2d 114· 3d Cir.· 1965-12-27 ·cited 25×
  The court held that the district court erred in granting summary judgment on the fraud claim and counterclaims, and that the parol evidence rule, as supplemented by UCC principles of fraud and misrepresentation, allows evidence of prior oral agreements.
• Island Travel & Tours Ltd. Co. v. MYR Indep., Inc.
  300 So. 3d 1236· Fla. 3d DCA· 2020-03-25 ·cited 24×
  This case involves a dispute over the distribution of funds from a short-lived joint venture between Island Travel & Tours and MYR Independent. The appellate court affirmed the breach of contract and civil theft judgments but reversed the fraud and negligent misrepresentation cla
• Oginsky v. Paragon Props. of Costa Rica LLC
  784 F. Supp. 2d 1353· S.D. Fla.· 2011-05-16 ·cited 24×
  The court granted motions to dismiss, finding the complaint failed to meet pleading standards for RICO and ILSFDA claims due to insufficient particularity and failure to comply with local rules.
• Crupi v. Crupi
  784 So. 2d 611· Fla. 5th DCA· 2001-05-18 ·cited 24×
  Margaret Crupi appealed the denial of her motion to set aside a mediated settlement agreement in her divorce case. The Fifth District affirmed, holding that challenges to mediated settlement agreements in contested dissolution proceedings are limited to fraud, misrepresentation,
• Allen v. The Stephan Co.
  784 So. 2d 456· Fla. 4th DCA· 2000-11-08 ·cited 24×
  The Allens sold their business to Stephan and made representations about the company's tax status that proved false. Stephan sued for fraud, and the Allens moved for directed verdict arguing the economic loss rule barred the claim. The court affirmed the denial of the directed ve
• Pressman v. Ingrid Wolf
  732 So. 2d 356· Fla. 3d DCA· 1999-01-27 ·cited 24×
  Buyer Ingrid Wolf sued sellers Mario and Fanita Pressman for breach of contract and fraudulent misrepresentation regarding defects in an 'as is' home sale on Allison Island for $500,000. The appellate court reversed the trial judgment in favor of the buyer, holding that the buyer
• Fed. Deposit Ins. Corp. v. Kasal
  913 F.2d 487· 8th Cir.· 1990-08-31 ·cited 24×
  The FDIC is not bound by unrecorded agreements that diminish its interest in a bank asset, but a customer can prove actual payments or misappropriations against the FDIC.
• Perkins v. Time Ins. Co. & Randall Davis
  898 F.2d 470· 5th Cir.· 1990-04-18 ·cited 24×
  State law claims against an employer's ERISA plan for tortious breach of contract are preempted by ERISA, but claims against an insurance agent for fraudulent inducement to enroll in the plan may not be preempted.
• Gulf States Utils. Co. v. Ala. Power Co.
  824 F.2d 1465· 5th Cir.· 1987-08-25 ·cited 24×
  The court held that the district court has jurisdiction over GSU's claims not preempted by the Federal Power Act, did not abuse its discretion in allowing GSU to deposit disputed funds under Rule 67, but erred in denying the LPSC's motion to intervene.
• Borg-Warner Leasing v. Doyle Elec. Co., Inc.
  733 F.2d 833· 11th Cir.· 1984-06-04 ·cited 24×
  The court held that a genuine issue of material fact existed regarding whether the broker was an agent of Borg-Warner for the purpose of representations made about a personal guaranty, thus reversing summary judgment for the guarantor. However, the court affirmed summary judgment
• Calvert Fire Ins. Co. v. Honorable Hubert L. Will
  560 F.2d 792· 7th Cir.· 1977-08-15 ·cited 24×
  A federal court should not defer to state court proceedings when exceptional circumstances are absent, especially when federal law grants exclusive jurisdiction.
• Prescription Plan Serv. Corp. v. Franco
  552 F.2d 493· 2d Cir.· 1977-04-04 ·cited 24×
  The court held that the district court correctly dismissed the federal question claim but erred in dismissing the diversity claim, as the non-diverse trustees were not indispensable parties and leave to amend should be granted.
• Int'l Ladies' Garment Workers' Union, AFL-CIO v. Ashland Indus., Inc.
  488 F.2d 641· 5th Cir.· 1974-01-21 ·cited 24×
  The court held that the validity of the underlying contract is a question for the court, not the arbitrator, to decide. An arbitrator cannot invalidate the contract from which their authority derives.
• Graham v. Atchison. T. & S. F. Ry. Co.
  176 F.2d 819· 9th Cir.· 1949-08-30 ·cited 24×
  A plaintiff's claim that a release was signed due to mistake or fraud, concerning the nature and extent of injuries, presents a question of fact for the jury, not a matter of law for the court.
• Winter Park Tel. Co. v. Strong
  130 Fla. 755· Fla.· 1937-10-20 ·cited 24×
  Winter Park Telephone Company appeals a jury verdict awarding damages to an employee injured by electrical shock while repairing telephone wires. The Florida Supreme Court affirmed the verdict (conditioned on remittitur) despite the employer's arguments that the employee's knowle
• Beatty v. Lucas
  112 Fla. 265· Fla.· 1933-10-07 ·cited 24×
  Mrs. Beatty sold land to Lucas and Trice with a purchase-money mortgage. After an arrangement to reconvey the land in exchange for canceling the mortgage and conveying an additional 7.5-foot strip, Lucas failed to release mortgages on the strip as promised. The Florida Supreme Co
• Inversiones Y Procesadora Tropical Inprotsa, S.A. v. DEL Monte Int'l GMBH
  921 F.3d 1291· 11th Cir.· 2019-04-23 ·cited 23×
  The Eleventh Circuit held that the district court had subject-matter jurisdiction over a petition to vacate an international arbitral award removed from state court, and that the defenses enumerated in the Convention on the Recognition and Enforcement of Foreign Arbitral Awards p
• Marriott Int'l, Inc. v. Am. Bridge Bahamas, Ltd.
  193 So. 3d 902· Fla. 3d DCA· 2015-12-16 ·cited 23×
  Marriott International appeals a jury verdict holding it liable for a Bahamian judgment against its subsidiary RCRI, for fraudulent inducement, and for conspiracy to commit fraudulent misrepresentation. The Florida appellate court reversed all judgments, finding that American Bri
• Centerstate Bank Cent. Fla., N.A. v. Krause
  87 So. 3d 25· Fla. 5th DCA· 2012-04-05 ·cited 23×
  The court held that the Krauses lacked standing to challenge the validity of the Development Loan because they had no established interest in the property or the corporation that executed the loan.
• Rigoberto Acosta v. The Dist. Bd. OF Trs. OF Miami-Dade Cmty. Coll.
  905 So. 2d 226· Fla. 3d DCA· 2005-05-25 ·cited 23×
  No enforceable contract existed because the college never promised the students any definite tuition price, and the students' decision to proceed with and complete the program after learning of the increase constituted acquiescence to the higher tuition. Price is an essential ele
• Buckeye Check Cashing, Inc. v. Cardegna
  824 So. 2d 228· Fla. 4th DCA· 2002-07-24 ·cited 23×
  Buckeye Check Cashing appealed a trial court order denying its motion to compel arbitration in a class action lawsuit alleging illegal usurious loans. The Fourth District Court of Appeal reversed, holding that under the Federal Arbitration Act and Prima Paint doctrine, claims tha
• Future Tech Int'l, Inc. v. Tae Il Media, Ltd.
  944 F. Supp. 1538· S.D. Fla.· 1996-07-18 ·cited 23×
  The court held that the defendant failed to demonstrate a probable right to possession of the disputed equipment, thus denying the motion for a prejudgment writ of replevin.
• HTP, Ltd. v. Lineas Aereas Costarricenses, S.A.
  661 So. 2d 1221· Fla. 3d DCA· 1995-09-13 ·cited 23×
  Defendants appealed a fraud judgment entered against them in a settlement agreement dispute. The court affirmed, holding that fraud in the inducement is an independent tort not barred by the economic loss rule, that the trial court properly rejected a jury instruction on unjustif
• R.W. Murray Co. v. Shatterproof Glass Corp.
  697 F.2d 818· 8th Cir.· 1983-01-11 ·cited 23×
  The court held that express warranties with explicit time periods extending to future performance accrue when the breach is discovered or should have been discovered, not at delivery, and that negligence claims for economic loss are generally barred when an adequate warranty reme
• Dianne D. and David L. Sprayberry v. Sheffield Auto & Truck Serv., Inc.
  422 So. 2d 1073· Fla. 1st DCA· 1982-12-06 ·cited 23×
  The Sprayberrys sued Sheffield Auto for fraud in selling them a truck, and the trial court directed a verdict against them on the basis that fraud requires clear and convincing evidence. The appellate court resolved a conflict among Florida courts by holding that fraud claims req
• Haendel v. Paterno
  388 So. 2d 235· Fla. 5th DCA· 1980-08-13 ·cited 23×
  In this breach of contract and fraud case, the appellate court addressed whether a trial court properly set aside a jury verdict of $100,000 in compensatory damages and $75,000 in punitive damages through remittitur or new trial. The court affirmed the reduction of compensatory d
• Triangle Underwriters, Inc. v. Honeywell, Inc.
  604 F.2d 737· 2d Cir.· 1979-07-17 ·cited 23×
  The court held that the contract claims were time-barred under the UCC's four-year statute of limitations, but one fraud claim (fraud in the inducement) was not time-barred and could proceed.
• Digaeteno v. Sandro Perotti
  374 So. 2d 1015· Fla. 3d DCA· 1979-07-10 ·cited 23×
  Sandro Perotti sued Fincredito Trust Corporation for conversion and fraud after Fincredito failed to return his $33,500 deposit submitted with a loan application. The trial court issued preliminary mandatory injunctions requiring Fincredito to deposit the funds in court and restr
• Holzendorf v. Lugenia Terrell
  52 Fla. 525· Fla.· 1906-06-01 ·cited 23×
  This case involves an appeal concerning exceptions taken to an answer in a lawsuit seeking an accounting and assignment of dower. The appellate court reversed the lower court's decision, finding that the exceptions to the answer were improperly sustained.
• Michaluk v. Credorax (USA), Inc.
  164 So. 3d 719· Fla. 3d DCA· 2015-05-13 ·cited 22×
  John Michaluk appeals the dismissal of his complaint against Credorax for improper venue based on a forum selection clause in their Introducer Agreement. The Third District Court of Appeal reversed, holding that the forum selection clause was permissive rather than mandatory, and
• Reese v. JPMorgan Chase & Co.
  686 F. Supp. 2d 1291· S.D. Fla.· 2009-10-15 ·cited 22×
  The court granted motions to dismiss, finding that the plaintiff failed to state claims for rescission under TILA, fraud in the inducement, and under the Florida Fair Lending Act due to insufficient pleading and statutory limitations.
• Blue Supply Corp. v. Novos Electro Mech., Inc.
  990 So. 2d 1157· Fla. 3d DCA· 2008-09-10 ·cited 22×
  Blue Supply Corporation appealed the dismissal of fraud and fraud in the inducement claims against Carlos Novos, individually. The court affirmed the dismissal because the complaint alleged that Novos was a party to the contract when the contract itself demonstrated he was not, m
• Boldstar Tech., LLC v. Home Depot, Inc.
  517 F. Supp. 2d 1283· S.D. Fla.· 2007-10-03 ·cited 22×
  The court held that a tortious interference claim requires a business relationship that likely would have been completed but for the interference, and that a fraud claim based on a broken promise for future sale of goods is barred by the statute of frauds.
• Advanced Mktg. Sys. Corp. & Douglas Pierce v. ZK Yacht Sales & Alan Charlap
  830 So. 2d 924· Fla. 4th DCA· 2002-11-20 ·cited 22×
  Advanced Marketing and Douglas Pierce sought recovery of a $90,000 rebate on a yacht brokerage commission based on alleged oral agreements and a handwritten offer, while ZK Yacht Sales and Alan Charlap counterclaimed for payment of goods and services provided. The appellate court
• Riverwalk Apts., L.P. v. RTM Gen. Contractors, Inc.
  779 So. 2d 537· Fla. 2d DCA· 2000-12-22 ·cited 22×
  Riverwalk Apartments challenged an order lifting a stay of arbitration in a construction dispute involving an allegedly unlicensed contractor. The court reversed, holding that when a party presents colorable evidence that a contract with an arbitration clause is illegal (here, ex
• Soler v. Secondary Holdings, Inc.
  771 So. 2d 62· Fla. 3d DCA· 2000-10-25 ·cited 22×
  Soler appealed summary judgments regarding two disputed real estate development ventures (Spanish Lakes and Doral Estates). The court affirmed summary judgment for Spanish Lakes based on Soler's unequivocal deposition testimony negating fraud claims, but reversed regarding Doral
• Monco Enters., Inc. v. Ziebart Corp.
  673 So. 2d 491· Fla. 1st DCA· 1996-03-25 ·cited 22×
  The appellate court reversed the trial court's dismissal of fraud and tortious interference claims against a franchisor, finding that fraud in the inducement is an independent tort not barred by the economic loss rule and that the franchisor's alleged interference with business r
• McLEMORE v. Landry
  898 F.2d 996· 5th Cir.· 1990-04-06 ·cited 22×
  The court held that the notice of appeal only conferred jurisdiction over the partnership, not the individual partners, and affirmed the summary judgment for FSLIC based on the D'Oench doctrine, rejecting the partnership's defenses.
• Wells v. Gen. Motors Corp.
  881 F.2d 166· 5th Cir.· 1989-08-24 ·cited 22×
• Cohen v. Wedbush
  841 F.2d 282· 9th Cir.· 1988-03-02 ·cited 22×
  Agreements to arbitrate disputes in accordance with SEC-approved procedures are enforceable and not unconscionable, and allegations of fraud contrary to explicit contract terms do not state a claim.
• S. Hampton Co. v. Stinnes Corp.
  733 F.2d 1108· 5th Cir.· 1984-05-23 ·cited 22×
  The court held that the refiner breached the contract by failing to construct the terminal as agreed and that there was sufficient evidence of fraud to warrant a jury trial on the buyers' counterclaim. The court also affirmed the indemnity claim but rejected the deceptive practic
• Siebel v. Scott
  725 F.2d 995· 5th Cir.· 1984-02-27 ·cited 22×
  Interests in a limited partnership can constitute 'securities' under the Securities Exchange Act, and recovery for fraudulent sale should be based on the actual value of the interests at the time of sale, potentially including profits realized by the fraudulent purchaser upon res
• Fed. Deposit Ins. Corp. v. Lattimore Land Corp.
  656 F.2d 139· 5th Cir.· 1981-09-14 ·cited 22×