Fraudulent Inducement

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

• United States v. Feldman
  931 F.3d 1245· 11th Cir.· 2019-07-30 ·cited 19×
  Isaac Feldman invested in Miami Beach nightclubs that defrauded customers through various schemes, and after an initial conviction was reversed, he was retried and convicted of conspiracy to commit wire fraud and money laundering. The Eleventh Circuit affirmed his convictions and
• Prieto v. Smook, Inc.
  97 So. 3d 916· Fla. 4th DCA· 2012-08-29 ·cited 19×
  Prieto and Manor Development appealed a judgment finding them liable for breach of contract and fraudulent inducement. The court affirmed Manor's liability for breach of contract but reversed Prieto's individual liability for fraudulent inducement, finding no evidence of false st
• Taurus Stornoway Invs., LLC v. Kerley
  38 So. 3d 840· Fla. 1st DCA· 2010-06-21 ·cited 19×
  Taurus Stornoway Investments and Taurus Investment Holdings appeal the trial court's denial of their motion to dismiss a Florida dissolution complaint based on a forum selection clause in the LLC Operating Agreement requiring all disputes to be resolved in Massachusetts courts. T
• Kolsky v. Jackson Square, LLC
  28 So. 3d 965· Fla. 3d DCA· 2010-02-24 ·cited 19×
  Five defendants appealed from an order denying their motion to compel arbitration of claims arising from a Miami development project dispute. The Third District Court of Appeal reversed the trial court's denial of the motion to compel arbitration, finding that the claims fell wit
• Cedar Mountain Ests., LLC v. Loan ONE, LLC
  4 So. 3d 15· Fla. 5th DCA· 2009-01-23 ·cited 19×
  The trial court erred in denying the motion to amend the answer and in denying the motion to vacate the default judgment without a hearing.
• John & Elaine Rose & State Farm Ins. Co. v. ADT Sec. Servs., Inc.
  989 So. 2d 1244· Fla. 1st DCA· 2008-09-11 ·cited 19×
  John and Elaine Rose and their insurer State Farm appealed summary judgment in favor of ADT Security Services after the Roses' home was destroyed by fire and ADT's alarm system failed. The court affirmed, holding that the written service agreement's clear disclaimers of warrantie
• Camena Invs. & Prop. Mgmt. Corp. v. Cross
  791 So. 2d 595· Fla. 3d DCA· 2001-08-29 ·cited 19×
  Camena Investments sued its tenant Cross for unpaid rent under a commercial lease. Cross counterclaimed for fraud in the inducement, alleging she was misled about her ability to open a restaurant due to parking and zoning restrictions. The court affirmed the jury verdict on the f
• First Fin. USA, Inc. v. Les Steinger
  760 So. 2d 996· Fla. 4th DCA· 2000-06-14 ·cited 19×
  First Financial USA appeals the dismissal of individual fraud claims against Les Steinger, owner and president of Mutual Benefits Corporation. The appellate court reverses, holding that corporate officers may be held individually liable for tortious acts including fraud in the in
• Mobil Oil Corp. v. Dade Cnty. Esoil Mgmt. Co.
  982 F. Supp. 873· S.D. Fla.· 1997-10-29 ·cited 19×
  The court held that the defendants' motions to dismiss were denied because the plaintiff's complaint sufficiently stated claims for fraud, misrepresentation, breach of contract, and other causes of action, and the economic loss doctrine did not bar these claims.
• Lowery v. Lowery
  654 So. 2d 1218· Fla. 2d DCA· 1995-05-03 ·cited 19×
  The court held that a motion to dismiss was an improper vehicle to raise defenses like res judicata or statutory bars when they are not apparent on the face of the complaint.
• Pharmacy Mgmt. Servs., Inc. v. Perschon
  622 So. 2d 75· Fla. 2d DCA· 1993-07-21 ·cited 19×
  The court held that the trial court erred in awarding attorney's fees and pre-award interest because the arbitration award did not specify whether it was based on claims that would support attorney's fees or claims that would not.
• Fla. Dep't OF Ins. v. World RE, Inc.
  615 So. 2d 267· Fla. 5th DCA· 1993-03-12 ·cited 19×
  The Florida Department of Insurance challenged an arbitration clause requiring disputes over contract interpretation to be arbitrated, arguing that its fraud and RICO claims fell outside the clause's narrow scope. The court held that the arbitration provision was limited to disag
• Three Valleys Mun. Water Dist. v. E.F. Hutton & Co., Inc.
  925 F.2d 1136· 9th Cir.· 1991-02-05 ·cited 19×
  Disputes concerning the "making" of a contract, including whether a contract was formed at all, are to be decided by an arbitrator, not a district court, unless the arbitration clause itself is specifically challenged.
• Palomares v. Ocean Bank OF Miami
  574 So. 2d 1159· Fla. 3d DCA· 1991-02-05 ·cited 19×
  Mortgagors appealed a foreclosure judgment, challenging the trial court's findings regarding material alteration of a promissory note, contractual waiver of jury trial, and denial of leave to amend pleadings. The appellate court affirmed the foreclosure judgment, rejecting each a
• Miller v. Fairchild Indus., Inc.
  885 F.2d 498· 9th Cir.· 1989-05-23 ·cited 19×
  The court held that the district court erred in dismissing the Title VII, Section 1981, CFEHA, breach of contract, and fraud claims, reversing the directed verdicts and remanding for a new trial, but affirmed the directed verdict on the tortious breach of implied covenant claim.
• Braun v. Flynt
  726 F.2d 245· 5th Cir.· 1984-03-09 ·cited 19×
  The court held that the publication of the plaintiff's picture in a sexually explicit magazine, without her informed consent, constituted an invasion of privacy and defamation, and that the plaintiff was a private figure not subject to the 'actual malice' standard. However, the c
• Oberlin v. The Marlin Am. Corp. (formerly The Marlin Corporation)
  596 F.2d 1322· 7th Cir.· 1979-04-24 ·cited 19×
  The court held that the evidence was insufficient to establish an agency relationship between the manufacturer/distributor and the defendants, and that the exclusion of certain deposition testimony was proper.
• Hermes v. Anton
  300 So. 2d 46· Fla. 3d DCA· 1974-09-10 ·cited 19×
  Plaintiffs leased property from defendant Anton under a one-year lease agreement, made repairs, and paid rent. They were subsequently forced to vacate after the State took ownership through condemnation. Plaintiffs sued for fraud in the inducement, alleging defendant knew the pro
• Stifel v. Hopkins
  477 F.2d 1116· 6th Cir.· 1973-05-01 ·cited 19×
  The court holds that the rule that prisoners removed from their domicile do not lose it should not be an absolute presumption.
• Holm v. Woodworth
  271 So. 2d 167· Fla. 4th DCA· 1972-09-26 ·cited 19×
  The court held that the employer's doctors' testimony did not constitute substantial evidence to overcome the statutory presumption of coverage for a work-related death.
• Classic Bowl, Inc. v. A M F Pinspotters, Inc.
  403 F.2d 463· 7th Cir.· 1968-11-13 ·cited 19×
  The court held that the plaintiff failed to establish fraud in the inducement or breach of warranty due to insufficient evidence of misrepresentation and damages.
• Partridge v. Presley
  189 F.2d 645· D.C. Cir.· 1951-04-05 ·cited 19×
  The court held that the appeal was timely and that the contract was unenforceable due to impossibility of performance, and that the plaintiff failed to prove damages.
• Onedia Land Co. v. Richard
  73 Fla. 884· Fla.· 1917-04-17 ·cited 19×
  A mortgage foreclosure case in which the defendant raised fraud and misrepresentation defenses regarding the vendor's title. The trial court struck the defendant's answer, and the Florida Supreme Court reversed, holding that an answer containing defective but amendable allegation
• Kis Grp., LLC v. Moquin
  263 So. 3d 63· Fla. 4th DCA· 2019-01-02 ·cited 18×
  KIS Group, LLC and related petitioners sought certiorari review of a trial court's order allowing an amended complaint asserting punitive damages claims. The court granted the amendment despite expressing doubt about whether the facts supported punitive damages, believing itself
• Kook C. DO v. GEICO Gen. Ins. Co.
  137 So. 3d 1039· Fla. 3d DCA· 2014-02-26 ·cited 18×
  Do sued GEICO for breach of contract after the insurer denied his claim for a stolen vehicle. GEICO subsequently paid the claim to the vehicle lienholder, then asserted counterclaims against Do. The court held that GEICO's payment constituted a functional equivalent of a confessi
• Sorena v. Gerald J. Tobin, P.A.
  47 So. 3d 875· Fla. 3d DCA· 2010-10-20 ·cited 18×
  Vincent Sorena petitioned for certiorari review of a trial court's order denying his motion to stay a lawsuit brought by Attorney Gerald Tobin's law firm for unpaid legal fees. The Third District Court of Appeal granted the petition, finding that the stay motion should have been
• Petit Paul Dorestin and Jeannette K. Dorestin v. Hollywood Imports, Inc.
  45 So. 3d 819· Fla. 4th DCA· 2010-08-11 ·cited 18×
  The Dorestins purchased a vehicle from Maroone Honda after participating in fraud by falsifying employment information on a credit application. A jury found Maroone liable for fraudulent inducement and FDUTPA violations, but the trial court entered judgment notwithstanding the ve
• Fields v. Klein
  946 So. 2d 119· Fla. 4th DCA· 2007-01-10 ·cited 18×
  The court reversed a final judgment awarding a discharged attorney a contingency fee, finding the client was entitled to discharge the attorney before the contingency was realized and was only obligated to pay the reasonable value of services rendered.
• Allyn v. W. United Life Assurance Co.
  347 F. Supp. 2d 1246· M.D. Fla.· 2004-12-10 ·cited 18×
  Contractual jury trial waivers are enforceable if knowingly, voluntarily, and intelligently made, and fraud in the inducement of the overall contract does not automatically invalidate a discrete jury trial waiver provision.
• Watson v. Internet Billing Co., Ltd.
  882 So. 2d 533· Fla. 4th DCA· 2004-09-22 ·cited 18×
  A Florida appellate court affirmed a trial court's denial of a motion to vacate a clerk's default but reversed the entry of a default judgment, holding that the plaintiff's claims involved unliquidated damages and therefore the defaulted defendant was entitled to notice and an ev
• Florida Evergreen Foliage v. E.I. DuPont De Nemours & Co.
  336 F. Supp. 2d 1239· S.D. Fla.· 2004-07-26 ·cited 18×
  The court denied motions to amend, granted summary judgment for DuPont on fraud claims, denied summary judgment for DuPont on breach of settlement claims, and granted motions to dismiss, closing the cases.
• Leopold v. Kimball Hill Homes Fla., Inc.
  842 So. 2d 133· Fla. 2d DCA· 2003-02-05 ·cited 18×
  Harry Leopold and Kimball Hill Homes entered into a contract to build a custom home on Lot 33, with the essential terms including price ($390,000), lot identification, square footage limit (3,100 sq ft), and that plans would be created post-signing. The trial court found no enfor
• Callaway Land & Cattle Co., Inc. v. Banyon Lakes C. Corp.
  831 So. 2d 204· Fla. 4th DCA· 2002-10-02 ·cited 18×
  Callaway appealed the dismissal of its counterclaim for disparagement of title, tortious interference with contract, and abuse of process. The court affirmed the dismissal, holding that the disparagement of title claim was barred by the two-year statute of limitations for slander
• In re Est. OF Frances L. Barry v. Lieberman
  689 So. 2d 1186· Fla. 4th DCA· 1997-03-12 ·cited 18×
  The Florida Fourth District Court of Appeal affirmed summary judgment for the beneficiary of an irrevocable inter vivos trust, rejecting heirs' claims that an alleged oral agreement not to sue was a condition of the trust's creation. The court held that the clear, unambiguous tru
• Jarmco, Inc. v. Polygard, Inc.
  668 So. 2d 300· Fla. 4th DCA· 1996-02-21 ·cited 18×
  JARMCO, a resin retailer, appeals summary judgment dismissing its fraud and negligence claims against Polygard, a distributor, arising from allegedly defective resin. The court holds that the economic loss rule does not bar common law fraud in the inducement claims seeking only e
• Adams v. Grey
  937 F.2d 845· 3d Cir.· 1991-06-27 ·cited 18×
  Investors cannot raise fraud in the inducement as a defense to enforcement of unconditional promissory notes by the RTC when the RTC acquired the notes from a failed bank, due to the D'Oench, Duhme doctrine and 12 U.S.C. § 1823(e).
• Sparling v. Hoffman Constr. Co., Inc.
  864 F.2d 635· 9th Cir.· 1988-12-21 ·cited 18×
  The court held that the dismissal of Active's claims due to an arbitration clause was proper, the transfer of venue was not an abuse of discretion, the Sparlings' fraud claims were properly dismissed for failure to plead with particularity, the Sparlings lacked standing to assert
• Patty Precision Prods. Co. v. Brown & Sharpe Mfg. Co.
  846 F.2d 1247· 10th Cir.· 1988-05-17 ·cited 18×
  A manufacturer's warranty disclaimer is ineffective against a subsequent buyer if the manufacturer had extensive dealings with that buyer and failed to communicate the disclaimer.
• White v. Zvi Grinfas
  809 F.2d 1157· 5th Cir.· 1987-02-12 ·cited 18×
  A broad settlement agreement and mutual release, entered into by sophisticated parties represented by counsel, bars subsequent claims for defects unknown at the time of the agreement, absent fraud.
• Coleman v. Prudential Bache Sec., Inc.
  802 F.2d 1350· 11th Cir.· 1986-10-23 ·cited 18×
  The court held that federal securities fraud claims are not subject to arbitration, but state law claims and issues of fraud in the inducement of the arbitration clause itself are arbitrable.
• Saxe v. E.F. Hutton & Co., Inc.
  789 F.2d 105· 2d Cir.· 1986-04-23 ·cited 18×
  The court held that the investor's fraud claim under Rule 10b-5 was properly dismissed because the alleged misrepresentations were not made 'in connection with' the sale of a security, but the investor's claims under the Commodity Exchange Act and for churning were improperly dis
• Ferry-Morse Seed Co. v. Food Corn, Inc.
  729 F.2d 589· 8th Cir.· 1984-03-19 ·cited 18×
  The court affirmed the district court's preliminary injunction ordering the defendant to deliver seed corn, finding no abuse of discretion in granting the injunction.
• Kroog v. Mait
  712 F.2d 1148· 7th Cir.· 1983-07-15 ·cited 18×
  The court held that federal law does not preempt the Wisconsin anti-waiver provision in its securities law, allowing a state forum for claims under that law.
• Gold v. Wolkowitz
  430 So. 2d 556· Fla. 3d DCA· 1983-05-03 ·cited 18×
  Punitive damages were appropriate in this case because the jury's finding of fraud, supported by the record, established an independent tort.
• Verla Loraine Tackett v. Kidder
  616 F.2d 1050· 8th Cir.· 1980-03-11 ·cited 18×
  The court held that there was no substantial evidence of fraud to support the jury's verdict, affirming the trial court's grant of judgment notwithstanding the verdict.
• Nodak OIL Co. v. Mobil OIL Corp.
  533 F.2d 401· 8th Cir.· 1976-04-13 ·cited 18×
  The court held that the jury was justified in finding Mobil fraudulently induced Champlin not to contract with Nodak, reversing the judgment notwithstanding the verdict. However, the court affirmed the district court's grant of a new trial due to excessive punitive damages.
• Am. OIL Co. v. McMULLIN
  508 F.2d 1345· 10th Cir.· 1975-01-06 ·cited 18×
  The court held that American Oil's contractual arrangements and pricing practices did not violate antitrust laws, and affirmed the trial court's judgment for American Oil on its claims, with a reduction for improper attachment expenses.
• Furbee v. Vantage Press, Inc.
  464 F.2d 835· D.C. Cir.· 1972-06-30 ·cited 18×
  The court held that the district court properly dismissed the case based on a valid forum selection clause in the contract, and that the appeal was frivolous warranting sanctions.
• Tippett v. Cidell Frank
  238 So. 2d 671· Fla. 3d DCA· 1970-08-18 ·cited 18×
  The court held that the appellant's allegations of fraudulent inducement were legally insufficient to defeat summary judgment because they failed to allege justifiable reliance or resulting injury.
• Cook v. Cora B. Adams (R. Lee Freeman
  89 So. 2d 6· Fla.· 1956-07-25 ·cited 18×
  An elderly woman deeded her property to the Cooks in exchange for a promise to provide her with a home and lifetime support. The Cooks failed to provide adequate care and support, remaining mostly absent in Indiana. The Florida Supreme Court affirmed the trial court's decision to