Fraudulent Inducement

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

• Gifford v. Wichita Falls & S. Ry. Co.
  224 F.2d 374· 5th Cir.· 1955-06-30 ·cited 18×
  The court held that federal rules of civil procedure, specifically Rule 15, govern amendments to correct misnomers, and the trial court erred in refusing to allow the amendment and dismissing the case.
• Bowie v. Sorrell
  209 F.2d 49· 4th Cir.· 1953-12-26 ·cited 18×
  The court held that while a separate trial on the validity of a release was proper, the plaintiff was entitled to a jury trial on that issue.
• Agritrade, LP v. Quercia
  253 So. 3d 28· Fla. 3d DCA· 2017-11-29 ·cited 17×
  Agritrade entities and a member appealed summary judgments and a jury verdict in favor of lenders Quercia and Agro Supply arising from a $15 million loan dispute. The court affirmed most judgments but reversed the summary judgment in favor of Agro Supply on the lost promissory no
• GEICO Gen. Ins. Co. v. HOY
  927 So. 2d 122· Fla. 2d DCA· 2006-04-19 ·cited 17×
  GEICO sought certiorari review of a discovery order requiring it to produce its claim file to an insured, Lorraine Hoy, who sued GEICO for breach of contract, negligent legal representation, and fraudulent misrepresentation in connection with uninsured motorist coverage. The cour
• Zureikat v. Alwad Al Shaibani
  944 So. 2d 1019· Fla. 5th DCA· 2006-03-10 ·cited 17×
  Jacob Zureikat borrowed $200,000 from Alwad Al Shaibani for a real estate transaction but misappropriated the funds, using them for personal benefit and investing in his homestead. After obtaining a $200,000 judgment, Shaibani sought supplementary proceedings and successfully est
• Grimsley v. The Inverrary Resort Hotel, Ltd.
  748 So. 2d 299· Fla. 4th DCA· 1999-09-01 ·cited 17×
  Grimsley appealed the trial court's enforcement of a settlement agreement with Inverrary Resort Hotel. The court reversed, holding that no binding settlement existed because the parties failed to reach a meeting of the minds on the essential term of general releases, even though
• Deluxe Motel, Inc. v. Natverlal K. Patel & Kalavati N. Patel
  727 So. 2d 299· Fla. 5th DCA· 1999-02-12 ·cited 17×
  This appeal involves a dispute between motel sellers and buyers over alleged fraudulent misrepresentations regarding the property's condition, expenses, and income. The court reversed summary judgment for the sellers, holding that fraudulent misrepresentations can vitiate integra
• Victor Hotel Corp. v. FCA Mortg. Corp.
  928 F.2d 1077· 11th Cir.· 1991-04-17 ·cited 17×
  The D'Oench doctrine applies to subsidiaries of federally insured banking institutions and bars claims based on unrecorded agreements, regardless of the FSLIC's knowledge of those claims prior to acquisition.
• Agfa-Gevaert v. A.B. Dick Co.
  879 F.2d 1518· 7th Cir.· 1989-07-18 ·cited 17×
  The court agrees with the judgment but notes the contract is ambiguous, requiring further proceedings.
• Nobles v. Citizens Mortg. Corp.
  479 So. 2d 822· Fla. 2d DCA· 1985-12-11 ·cited 17×
  A merger clause in an employment contract does not bar parol evidence of fraudulent inducement, and summary judgment for the defendant was therefore improper.
• Waggoner v. Dallaire
  767 F.2d 589· 9th Cir.· 1985-07-29 ·cited 17×
  The court held that the district court erred in excluding evidence of industry custom and in permitting withdrawal of a stipulation affecting the statute of limitations. The court reversed the judgment and remanded for further proceedings.
• Coleman v. State
  433 So. 2d 627· Fla. 2d DCA· 1983-06-22 ·cited 17×
  Jack Coleman appeals his conviction and four-year sentence for burglary after the trial court denied his motion to withdraw his guilty plea when a material fact about his probation status was discovered post-plea. The appellate court reversed, holding that Florida law requires a
• DiROSE v. PK Mgmt. Corp.
  691 F.2d 628· 2d Cir.· 1982-10-25 ·cited 17×
  The court held that the jury's damage award was based on insufficient evidence and flawed legal reasoning, and that the jury instructions regarding fraud and duress were prejudicial, requiring a new trial.
• Stier v. Smith
  473 F.2d 1205· 5th Cir.· 1973-02-09 ·cited 17×
  A seller's failure to disclose material facts, even to a sophisticated investor who could have investigated, constitutes a violation of Rule 10b-5 if the undisclosed facts would have influenced the buyer's decision.
• Elsinor Prouty Mallory v. Citizens Utils. Co.
  342 F.2d 796· 2d Cir.· 1965-03-12 ·cited 17×
  The court held that the admission of irrelevant and prejudicial testimony, when the court entered judgment based on an advisory jury's verdict without making its own findings, required reversal.
• United States v. Veneziale
  268 F.2d 504· 3d Cir.· 1959-06-29 ·cited 17×
  The court held that the False Claims Act applies when a fraudulent misrepresentation induces the government to guarantee a loan, and the government is later compelled to pay under that guaranty.
• Irish v. Cent. Vt. Ry., Inc.
  164 F.2d 837· 2d Cir.· 1947-12-09 ·cited 17×
  A release obtained by fraudulent inducement in a Federal Employers' Liability Act case is void under 45 U.S.C.A. § 55, and the employee need not tender restitution of the consideration received to attack its validity.
• GEICO Gen. Ins. Co. v. HOY
  136 So. 3d 647· Fla. 2d DCA· 2013-12-20 ·cited 16×
  GEICO appeals a jury verdict awarding Mrs. Hoy $20,000 for fraud in the inducement after GEICO allegedly misrepresented the amount of uninsured motorist benefits she would receive. The court reverses, holding that Mrs. Hoy failed to prove she sustained any damages because she rec
• DE REY v. REY
  114 So. 3d 371· Fla. 3d DCA· 2013-05-22 ·cited 16×
  The Wife appeals from a summary judgment upholding a marital settlement agreement entered during dissolution proceedings. The court affirmed, holding that the Wife failed to establish fraud, misrepresentation, or duress, and that the Casto fairness standard does not apply to agre
• Silver v. Countrywide Home Loans, Inc.
  760 F. Supp. 2d 1330· S.D. Fla.· 2011-01-13 ·cited 16×
  The court held that the plaintiff's claims were unsupported by evidence, as she is deemed to know the terms of the documents she signed and her reliance on oral statements contradicting the written agreement was unreasonable.
• Brooks Tropicals, Inc. v. Alcides Acosta
  959 So. 2d 288· Fla. 3d DCA· 2007-04-18 ·cited 16×
  Brooks Tropicals appeals a jury verdict awarding Acosta $335,515 plus prejudgment interest for breach of oral contract, fraud in the inducement, fraud, and breach of fiduciary duty related to the settlement of a Benlate products liability suit. The appellate court reverses, findi
• Guevara v. Republic OF Peru
  468 F.3d 1289· 11th Cir.· 2006-11-01 ·cited 16×
  Peru issued an emergency decree offering a $5 million reward for information enabling the capture of fugitive Vladimiro Montesinos. Guevara provided information that led to Montesinos's arrest but Peru refused to pay the reward. The Eleventh Circuit held that Peru's offer of a re
• Houchins v. King Motor Co. OF Fort Lauderdale, Inc.
  906 So. 2d 325· Fla. 4th DCA· 2005-07-06 ·cited 16×
  Ronald Houchins and Martha Romero-Huertas appealed a trial court order granting King Motor Company's motion to compel arbitration. The Fourth District Court of Appeal affirmed that King did not waive its arbitration rights by filing a motion to dismiss, but reversed and remanded
• Gilman + Ciocia, Inc. v. Wetherald
  885 So. 2d 900· Fla. 4th DCA· 2004-09-22 ·cited 16×
  Gilman + Ciocia, Inc. appeals a trial court order denying its motion to compel arbitration of an employment dispute with Virginia Wetherald. The court holds that the Federal Arbitration Act applies to the employment agreement and supersedes Florida law making arbitration clauses
• Sears Authorized Termite & Pest Control, Inc. v. Sullivan
  816 So. 2d 603· Fla.· 2002-05-02 ·cited 16×
  The Florida Supreme Court resolved a conflict between district courts regarding whether an arbitration clause in a pest control agreement covers personal injury claims from spider bites. The Court held that such claims arising from the contractor's failure to control spiders fall
• Excess Risk Underwriters, Inc. v. Lafayette Life Ins.
  208 F. Supp. 2d 1310· S.D. Fla.· 2002-04-30 ·cited 16×
  The court held that the economic loss rule barred claims for breach of fiduciary duty, fraudulent inducement, and tortious interference because they were not independent of the breach of contract claims.
• Checkers Drive-In Rests., Inc. v. Tampa Checkmate Food Servs., Inc.
  805 So. 2d 941· Fla. 2d DCA· 2001-11-14 ·cited 16×
  Checkers Drive-In Restaurants and two of its officers appealed judgments finding them liable for fraudulent inducement and violations of the Florida Franchise Act in connection with a Tampa franchise transaction. The court affirmed the finding that Robert Gagne was fraudulently i
• Lemon v. Groninger
  708 So. 2d 1025· Fla. 5th DCA· 1998-04-03 ·cited 16×
  The court held that the orders appealed were nonfinal and the appeal was premature, requiring dismissal.
• Solis v. Ingrid Calvo
  689 So. 2d 366· Fla. 3d DCA· 1997-02-19 ·cited 16×
  In this fraud case, the appellants Veronica and Danilo Solis challenged a jury verdict awarding the appellee Ingrid Calvo $87,500 in punitive damages for fraud in the inducement and conspiracy to defraud related to unauthorized transfer of Calvo's property in Nicaragua. The court
• Nerbonne, N.V. v. Lake Bryan Int'l Props.
  689 So. 2d 322· Fla. 5th DCA· 1997-01-31 ·cited 16×
  Nerbonne, N.V. appeals the trial court's grant of summary judgment dismissing its counterclaim for fraud and striking its affirmative defenses in a mortgage foreclosure action brought by Lake Bryan International Properties. The court reversed, holding that Nerbonne stated viable
• BAL Harbour Vill. v. City OF N. Miami
  678 So. 2d 356· Fla. 3d DCA· 1996-04-17 ·cited 16×
  Bal Harbour Village appealed the dismissal of its lawsuit against the City of North Miami seeking to prevent construction of an open-air amphitheater, challenging the project on multiple grounds including alleged violations of the comprehensive plan, zoning code, ethics ordinance
• Acadia P'rs, L.P. v. Tompkins
  673 So. 2d 487· Fla. 5th DCA· 1996-03-22 ·cited 16×
  Acadia Partners filed two separate actions arising from the same underlying transaction: one for breach of a credit agreement (319 action) and another for fraud and related tort claims (320 action). The trial court granted summary judgment dismissing the 320 action based on res j
• In re Sunrise Securities Litigation. George Popkin and Anne Popkin v. Jacoby
  916 F.2d 874· 3d Cir.· 1990-10-17 ·cited 16×
  The court held that depositors' claims alleging mismanagement and misrepresentations leading to an insolvent savings and loan association's failure are derivative claims belonging to the institution's receiver, not individual RICO claims. Therefore, depositors may only bring such
• First Pac. Corp. v. Sociedade de Empreendimentos e Construcoes
  566 So. 2d 3· Fla. 3d DCA· 1990-05-08 ·cited 16×
  First Pacific Corporation and its agent appealed the denial of their motion to dismiss a fraud action filed by a Brazilian corporation in Florida courts, arguing that a forum-selection clause in the parties' contract required disputes to be litigated in the Bahamas. The appellate
• Spitz v. Prudential-Bache Sec., Inc.
  549 So. 2d 777· Fla. 4th DCA· 1989-10-04 ·cited 16×
  The Fourth District Court of Appeal reversed a trial court's limitation of the jury's fraud inquiry to the arbitration clause alone, rather than the broader account agreement, and ordered a new trial due to fundamental inconsistencies in the jury verdict on fraud claims against P
• Transunion Corp. & Union Indus., Inc. v. Pepsico, Inc.
  811 F.2d 127· 2d Cir.· 1987-02-05 ·cited 16×
  The court affirmed the dismissal of the action on the grounds of forum non conveniens and the stay of discovery, finding no abuse of discretion by the lower court.
• Cancanon v. Smith Barney
  805 F.2d 998· 11th Cir.· 1986-12-10 ·cited 16×
  Claims under § 10(b) and Rule 10b-5 are not subject to arbitration, and allegations of fraud in the factum of an agreement render the arbitration clause invalid and not subject to arbitration.
• Thor Power Tool Co. v. Monroe Weintraub
  791 F.2d 579· 7th Cir.· 1986-05-27 ·cited 16×
  The court held that the trial court did not err in adding a new party under Rule 21 during trial, nor in denying the plaintiff's motions for judgment notwithstanding the verdict or a new trial, as the jury's verdict was supported by sufficient evidence and the court acted within
• Norton J. Lehman v. DOW Jones & Co., Inc.
  783 F.2d 285· 2d Cir.· 1986-01-30 ·cited 16×
  The court held that the attorney-at-law exemption in New York's statute of frauds applies to attorneys licensed in any state, not just New York, and affirmed summary judgment on the fraud claim.
• Schacht v. Beacon Ins. Co.
  742 F.2d 386· 7th Cir.· 1984-08-29 ·cited 16×
  The court held that the district court properly ordered arbitration of claims, including fraud in the inducement and a disputed condition precedent, as these issues were within the scope of the arbitration clause and for the arbitrators to decide.
• Iowa Nat'l Mut. Ins. Co. v. Elease Worthy
  447 So. 2d 998· Fla. 5th DCA· 1984-03-22 ·cited 16×
  A PIP insurance company appealed a jury verdict awarding punitive damages for allegedly fraudulent inducement of a release. The court reversed, holding that the insurer's adjuster's suggestion to pursue remaining medical expenses through the at-fault party's liability insurer was
• Rochester Methodist Hosp. v. The Travelers Ins. Co.
  728 F.2d 1006· 8th Cir.· 1984-02-23 ·cited 16×
  The court held that a statement made in 1977 constituted fraudulent misrepresentation, but a statement made in 1972 did not, due to lack of justifiable reliance.
• Suggs v. Cowart
  437 So. 2d 238· Fla. 5th DCA· 1983-09-15 ·cited 16×
  Property owners and a real estate broker filed competing actions in different Florida counties arising from the same real estate transaction dispute. The court held that when two parties file separate actions against each other in different counties involving the same facts and p
• Adams v. Gould, Inc.
  687 F.2d 27· 3d Cir.· 1982-09-02 ·cited 16×
  Employees are bound by the results of an arbitration between their employer and union, and are therefore barred from bringing their own suit in federal court.
• Walsh v. Ingersoll-Rand Co.
  656 F.2d 367· 8th Cir.· 1981-08-17 ·cited 16×
  The court held that evidence of humiliation, embarrassment, and career disruption was erroneously admitted in a fraud action, requiring a new trial.
• The AETNA Cas. & Sur. Co. v. The United States
  655 F.2d 1047· Ct. Cl.· 1981-06-17 ·cited 16×
  The court held that plaintiffs were not entitled to monetary relief from general Treasury funds under the Tucker Act, but HUD might be liable from separate funds.
• Gen. Wholesale Beer Co. v. Theodore Hamm Co.
  567 F.2d 311· 5th Cir.· 1978-02-06 ·cited 16×
  The court held that the contract terms regarding termination were ambiguous, creating a jury question, and that there was sufficient evidence to infer fraudulent intent for certain plaintiffs.
• Faye Hendrix Vickers v. Gifford-Hill & Co., Inc.
  534 F.2d 1311· 8th Cir.· 1976-05-04 ·cited 16×
  The court held that the decedent was not an implied invitee on the defendant's private road.
• Horton J. Brown v. The United States
  524 F.2d 693· Ct. Cl.· 1975-10-22 ·cited 16×
  The court held that alleged assignments were invalid under the Assignment of Claims Act, collateral estoppel applied to claims forming the basis of plaintiff's conviction, and lost profits were not recoverable for unawarded contracts. The court also affirmed its jurisdiction over
• Halcon Int'l, Inc. v. Monsanto Australia Ltd.
  446 F.2d 156· 7th Cir.· 1971-07-09 ·cited 16×
  The court held that laches, like fraud in the inducement, is a preliminary issue for the court to decide, not an arbitrator.