Fraudulent Inducement

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

• NEW England Mut. Life Ins. Co. v. Null
  554 F.2d 896· 8th Cir.· 1977-05-11 ·cited 22×
  The court held that summary judgment was inappropriate because a genuine issue of material fact existed regarding the insured's intent in procuring the life insurance policy, and a criminal conviction cannot be used to establish facts in a civil action against a non-party.
• Fleming v. Gulf OIL Corp.
  547 F.2d 908· 10th Cir.· 1977-04-01 ·cited 22×
  The court held that the plaintiff was entitled to relief under Rule 60(b)(6) because his lawsuit was dismissed without notice and legal authority, depriving him of a hearing.
• Thomas v. George Rollins et ux.
  298 So. 2d 186· Fla. 1st DCA· 1974-07-23 ·cited 22×
  Plaintiffs appealed the circuit court's dismissal of their third amended complaint alleging fraud in a real estate transaction. The appellate court reversed, holding that the complaint sufficiently alleged a cause of action for fraud and that dismissal on the pleadings was improp
• Sanitary Farm Dairies, Inc. v. Gammel
  195 F.2d 106· 8th Cir.· 1952-03-06 ·cited 22×
  The court held that the parties' agreement for an independent audit to determine stock value was a binding appraisal, and the trial court erred in re-evaluating the audit findings absent clear evidence of fraud or gross mistake.
• Drake v. Gen. Fin. Corp. of La., Inc.
  119 F.2d 588· 5th Cir.· 1941-05-01 ·cited 22×
  A compromise agreement, validly entered into and in writing, has the force of a thing adjudged and precludes reopening the matter, even if the plaintiff later claims trickery without specific details.
• Eliezer Taveras v. Bank of Am.
  89 F.4th 1279· 11th Cir.· 2024-01-04 ·cited 21×
  The Eleventh Circuit affirmed the district court's decision to abstain from exercising federal jurisdiction under the Colorado River doctrine pending the conclusion of a related state foreclosure proceeding and to deny the plaintiffs' motion to amend their complaint.
• Galstaldi v. Sunvest Cmtys. USA, LLC
  637 F. Supp. 2d 1045· S.D. Fla.· 2009-03-25 ·cited 21×
  The court held that the defendants, as non-parties to the purchase agreements, could not rely on the contracts' disclaimers to bar the plaintiffs' claims, and that the plaintiffs had sufficiently alleged the defendants' participation in deceptive trade practices.
• Mari Haueter-Herranz v. Agustin Miguel Torres Romero
  975 So. 2d 511· Fla. 2d DCA· 2008-01-18 ·cited 21×
  Spanish investors sued appellants for fraud in connection with investment transactions, alleging over $200,000 to $1 million in losses. The trial court denied motions to dismiss and to quash service of process. The appellate court affirmed the denial of most motions but reversed
• Maguire v. William C. King for the W. Ray King Tr.
  917 So. 2d 263· Fla. 5th DCA· 2005-12-16 ·cited 21×
  In this appeal, the Fifth District Court of Appeal reversed a trial court's order that denied arbitration for tort claims (fraud in the inducement, fraud, and negligent misrepresentation) arising from a real estate contract dispute, holding that the broad arbitration clause requi
• Bennett v. Am. Learning Sys. OF Boca Delray, Inc.
  857 So. 2d 986· Fla. 4th DCA· 2003-10-29 ·cited 21×
  Bennett appealed a jury verdict awarding her no damages for slander against her former employer, and the employer cross-appealed the denial of attorney's fees based on an offer of judgment. The court affirmed Bennett's appeal but reversed the denial of attorney's fees, holding th
• Segal v. Rhumbline Int'l, Inc.
  688 So. 2d 397· Fla. 4th DCA· 1997-02-12 ·cited 21×
  The Segals appealed a summary judgment dismissing their fraud, negligent misrepresentation, and fraudulent conveyance claims against Buhler and Monroe arising from a 1988 yacht purchase-leaseback transaction. The court reversed the summary judgment on fraud and fraudulent conveya
• Fed. Deposit Ins. Corp. for Sunrise Sav. & Loan Ass'n v. Hemmerle
  592 So. 2d 1110· Fla. 4th DCA· 1991-10-23 ·cited 21×
  The FDIC, as receiver for a failed savings and loan, appealed a judgment against it on a Second Guaranty claim, arguing that appellees' fraud defenses and counterclaims were barred by the parol evidence rule, merger clause, res judicata, and estoppel by judgment. The court revers
• Serina v. Albertson's, Inc.
  744 F. Supp. 1113· M.D. Fla.· 1990-09-04 ·cited 21×
  The court held that while a tort independent of contract breach might arise from the same conduct, the economic loss rule bars a separate tort action for purely economic damages when the tortious conduct is interwoven with the breach of contract.
• Timothy O'Shea t/a Tim's Amoco v. Amoco OIL Co.
  886 F.2d 584· 3d Cir.· 1989-09-25 ·cited 21×
  The court held that the franchisee's state law claim was barred by New Jersey's entire controversy doctrine, and thus affirmed the lower court's decision without reaching the preemption issue.
• Fed. Deposit Ins. Corp. v. Galloway
  856 F.2d 112· 10th Cir.· 1988-09-07 ·cited 21×
  The court held that 12 U.S.C. § 1823(e) bars guarantors from asserting fraud in the inducement based on unwritten misrepresentations against the FDIC, and that a continuing guaranty accrues a new cause of action as each underlying debt matures.
• Carl Colteryahn Dairy, Inc. v. W. Pa. Teamsters & Emp'rs Pension Fund
  847 F.2d 113· 3d Cir.· 1988-05-31 ·cited 21×
  The court held that claims of fraudulent inducement to join a pension fund need not be arbitrated and are within federal court jurisdiction, while calculation disputes must first go to arbitration. State law claims are remanded for a preemption determination.
• Suntogs OF Miami, Inc. v. Burroughs Corp.
  433 So. 2d 581· Fla. 3d DCA· 1983-05-31 ·cited 21×
  Suntogs of Miami appealed an unfavorable summary judgment in its breach of contract and fraud case against Burroughs Corporation, and sought writs of mandamus and prohibition against Silton Data in a related matter. The appellate court reversed the summary judgment, holding that
• Stahly, Inc. v. M. H. Jacobs Co.
  183 F.2d 914· 7th Cir.· 1950-06-09 ·cited 21×
  A court has inherent power to modify a judgment to protect the public from deceptive practices, even if the plaintiff's private rights were not violated.
• Degirmenci v. Sapphire-Fort Lauderdale, LLLP
  693 F. Supp. 2d 1325· S.D. Fla.· 2010-04-20 ·cited 20×
  The court dismissed claims under the Interstate Land Sales Full Disclosure Act (ILSFDA) for failure to state a claim or for being time-barred, and indicated it would likely decline supplemental jurisdiction over the remaining state law claims.
• World Rentals & Sales, LLC v. Volvo Constr. Equip. Rents, Inc.
  517 F.3d 1240· 11th Cir.· 2008-02-22 ·cited 20×
  World Rentals and affiliated parties sought to compel Volvo Commercial Finance, a non-signatory affiliate, to arbitrate disputes under arbitration clauses contained in franchise agreements signed only by Volvo Rents, Volvo Finance's affiliate. The Eleventh Circuit affirmed the di
• Instituto De Prevision Militar v. Lehman Bros., Inc.
  485 F. Supp. 2d 1340· S.D. Fla.· 2007-05-25 ·cited 20×
  The court held that the plaintiff's motion for reconsideration was denied because the case was a 'covered class action' preempted by SLUSA, and the amended complaint was dismissed with prejudice for failing to comply with prior orders.
• Romeo v. Romeo
  907 So. 2d 1279· Fla. 2d DCA· 2005-08-10 ·cited 20×
  Beverly Ann Romeo appealed a summary final judgment of dissolution of her marriage to James John Romeo. The court reversed, holding that the summary judgment was improper because the record lacked sufficient factual support and proper foundation for the documents relied upon, and
• Vacation Beach, Inc. v. Charles Boyd Constr., Inc.
  906 So. 2d 374· Fla. 5th DCA· 2005-07-22 ·cited 20×
  Vacation Beach, Inc. challenged a trial court order compelling arbitration of a construction contract dispute with Charles Boyd Construction, Inc., arguing the contract was illegal because Boyd Construction lacked a required qualifying agent under Florida law. The Florida Fifth D
• Energy Lighting Mgmt., LLC v. Kinder
  363 F. Supp. 2d 1331· M.D. Fla.· 2005-02-18 ·cited 20×
  The court granted the motion for counsel to withdraw for one plaintiff, who must proceed pro se, and took the motion under advisement for the other plaintiff pending the filing of substitute counsel.
• Waton v. Waton
  887 So. 2d 419· Fla. 4th DCA· 2004-10-27 ·cited 20×
  The Fourth District Court of Appeal affirmed the trial court's enforcement of an antenuptial agreement despite its undisputed unreasonableness, holding that the wife had adequate general knowledge of the husband's finances and net worth, and that the agreement was executed freely
• Puff 'N Stuff OF Winter Park, Inc. v. Bell
  683 So. 2d 1176· Fla. 5th DCA· 1996-12-20 ·cited 20×
  Puff 'N Stuff and the Dietels appealed a summary judgment dismissing their counterclaim and third-party actions against Federal Trust Bank for allegedly failing to honor oral promises to fund their construction project. The court affirmed, holding that Florida Statute § 687.0304(
• Williams v. Peak Resorts Int'l Inc.
  676 So. 2d 513· Fla. 5th DCA· 1996-07-12 ·cited 20×
  Williams and Dwyer sued Peak Resorts for fraud in the inducement and other torts after being hired based on false representations about the company's financial strength, but Peak Resorts later breached the employment contracts. The trial court granted summary judgment dismissing
• TGI Dev., Inc. v. CV Reit, Inc.
  665 So. 2d 366· Fla. 4th DCA· 1996-01-03 ·cited 20×
  Fraud in the inducement, even when seeking only economic losses, is an independent tort not barred by the economic loss rule.
• Hall v. Burger King Corp.
  912 F. Supp. 1509· S.D. Fla.· 1995-11-13 ·cited 20×
  The court held that the plaintiffs' claims were barred by general releases they had executed, as the releases were clear, unambiguous, and the plaintiffs were aware of their claims and represented by counsel when signing them.
• In re 604 Columbus Ave. Realty Tr. v. 604 Columbus Ave. Realty Tr.
  968 F.2d 1332· 1st Cir.· 1992-06-19 ·cited 20×
  The court held that the FDIC, as receiver, cannot raise federal defenses for the first time on appeal under FIRREA, and that the D'Oench doctrine does not bar all claims related to the kickback scheme.
• Maksym v. Loesch
  937 F.2d 1237· 7th Cir.· 1991-07-23 ·cited 20×
  A client's discharge of an attorney does not invalidate the contract for services already rendered, and the attorney is entitled to the contractually agreed-upon fee for those services, provided it is not exorbitant.
• Arnold v. Arnold and Steven T. Arnold
  920 F.2d 1269· 6th Cir.· 1990-12-03 ·cited 20×
  The court held that its jurisdiction to hear the appeal was proper because the district court's order, which dismissed the complaint in deference to arbitration and entered final judgment, constituted a final order appealable under 28 U.S.C. § 1291 and 9 U.S.C. § 15(a)(3).
• Pytlik v. Prof'l Res., Ltd.
  887 F.2d 1371· 10th Cir.· 1989-10-10 ·cited 20×
  The court affirmed dismissal of claims against Italiana for lack of personal jurisdiction, affirmed summary judgment for INA, affirmed summary judgment on claims two, three, four, and five against other defendants, but reversed the directed verdict on the wrongful discharge claim
• Eichman v. Fotomat Corp.
  871 F.2d 784· 9th Cir.· 1989-03-17 ·cited 20×
  The court held that prior judgments barred claims under res judicata and that the statute of limitations barred other claims, affirming the district court's summary judgment.
• The Petromanagement Corp. v. Acme-Thomas Joint Venture
  835 F.2d 1329· 10th Cir.· 1988-01-06 ·cited 20×
  The court held that federal law of res judicata applies to diversity actions and that the plaintiff's second lawsuit was barred by claim preclusion because the claims arose from a series of connected transactions that should have been litigated together in the first action.
• Haw. Carpenters Tr. Funds (Health & Welf. Tr. Funds by its Trs. Raymond Nagata v. Waiola Carpenter Shop, Inc.
  823 F.2d 289· 9th Cir.· 1987-07-27 ·cited 20×
  The court held that T & U was a successor employer bound by the prior agreement and that its withdrawal from the multiemployer bargaining association was ineffective, making it liable for unpaid contributions under both agreements.
• Menatsagan Melikian and Kambiz Aftassi v. Corradetti
  791 F.2d 274· 3d Cir.· 1986-05-28 ·cited 20×
  The court held that the district court erred in dismissing the fraud, conspiracy, and veil-piercing claims, as the plaintiffs had stated valid claims upon which relief could be granted.
• Bond Leather Co., Inc. v. Q.T. Shoe MFG. Co., Inc.
  764 F.2d 928· 1st Cir.· 1985-06-18 ·cited 20×
  The court held that M.N., Inc. lacked sufficient minimum contacts with Massachusetts for personal jurisdiction under due process, but affirmed findings of fraud and statutory violations against Martin Nadler and Q-T.
• AVC Nederland B.V. v. Atrium Inv. P'ship
  740 F.2d 148· 2d Cir.· 1984-07-19 ·cited 20×
  The court held that the forum-selection and choice-of-law clause in the agreement is enforceable, even in the context of a securities fraud claim, because the international nature of the transaction and the parties' intent outweigh the general policy against waiving compliance wi
• Wilson Wear, Inc. v. United Merchs. & Mfrs., Inc.
  713 F.2d 324· 7th Cir.· 1983-08-01 ·cited 20×
  An order granting a stay of judicial proceedings pending arbitration is appealable under 28 U.S.C. § 1292(a)(1) if the underlying cause of action is legal, and claims of rescission of the entire contract, rather than the arbitration clause itself, are for the arbitrator to decide
• Baum v. Great W. Cities, Inc.
  703 F.2d 1197· 10th Cir.· 1983-03-09 ·cited 20×
  The court held that the trial court did not err in refusing to instruct the jury on the breach of contract claim, as the parol evidence rule barred oral representations that contradicted the integrated written agreement. The court also found that the jury's verdicts on fraud and
• Betz Labs., Inc. v. Hines
  647 F.2d 402· 3d Cir.· 1981-05-05 ·cited 20×
  Evidence of fraud in the inducement is admissible and outside the scope of the parol evidence rule, even with an integration clause.
• Clark v. John Lamula Invs., Inc.
  583 F.2d 594· 2d Cir.· 1978-08-24 ·cited 20×
  The court held that the jury's findings supported a judgment for the plaintiff under Rule 10b-5, finding that the defendant recommended unsuitable securities with scienter and omitted material information, and affirmed the damages award.
• Chilton Thorington and Harmon Wages v. Cash
  494 F.2d 582· 5th Cir.· 1974-05-20 ·cited 20×
  The court held that sending material misrepresentations into Georgia, upon which the plaintiff relied, constituted a "tortious act within" the state under the Georgia long-arm statute, satisfying due process requirements for personal jurisdiction.
• The Island Territory OF Curacao v. Solitron Devices, Inc.
  489 F.2d 1313· 2d Cir.· 1973-12-26 ·cited 20×
  The court held that the arbitration award and the resulting foreign judgment were enforceable under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and New York law, respectively.
• Republic of Italy v. DE Angelis
  206 F.2d 121· 2d Cir.· 1953-01-20 ·cited 20×
  The court held that the transactions constituted fraudulent conveyances and justified an attachment under New York law, reversing the lower court's order.
• Jack Mann Chevrolet Co. v. Assocs. Inv. Co.
  125 F.2d 778· 6th Cir.· 1942-02-11 ·cited 20×
  A settlement agreement procured by fraud is voidable, not void, and requires affirmative action to rescind; without rescission, it serves as a valid defense to claims arising from the original transaction.
• Brown v. Marion Mortg. Co.
  107 Fla. 727· Fla.· 1932-09-24 ·cited 20×
  This mortgage foreclosure case involves a dispute over whether a trustee mortgage company had authority to act as trustee and whether the debt had matured when the foreclosure suit was filed. The Florida Supreme Court affirmed the foreclosure decree and receiver appointment, reje
• Hanley v. D. W. Bullard and his wife
  80 Fla. 578· Fla.· 1920-10-19 ·cited 20×
  The mortgagee may elect to treat the entire indebtedness as immediately due and payable upon default of any installment note, and the mortgage lien secures all three promissory notes despite the singular form "note" appearing in the mortgage document when the context clearly indi
• May's Executors and Executrix v. Seymour
  17 Fla. 725· Fla.· 1880-06-01 ·cited 20×
  May's Executors sought to recover possession of five acres of land from Stephen Seymour under a written lease executed in 1877. The Florida Supreme Court affirmed the jury's verdict invalidating the lease, holding that an illiterate defendant who did not know the contents of the