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480 So. 2d 625·
Fla.·
1985-10-31
·cited 331×
The Florida Supreme Court held that sellers of homes have a duty to disclose material defects known to them but not readily observable or known to buyers, even when parties deal at arm's length. The court affirmed the return of the buyer's deposit based on both fraudulent misrepr
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8 So. 3d 1232·
Fla. 2d DCA·
2009-05-01
·cited 63×
Andrew Giacalone sought a writ of certiorari to quash a circuit court order denying his motion to compel discovery responses from Helen Ellis Memorial Hospital Foundation regarding hospital charges he disputed as unconscionable. The appellate court granted the petition, finding t
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588 F.2d 1358·
2d Cir.·
1978-11-29
·cited 44×
The court held that the defendant's conduct, trading on market information without disclosing it, did not constitute a violation of § 10(b) and Rule 10b-5 because he owed no duty of disclosure to the sellers. The dissent argues that expanding § 10(b) to cover such conduct, especi
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937 F.2d 767·
2d Cir.·
1991-06-27
·cited 26×
A district court may consider relevant documents required by securities laws to be filed with the SEC when determining a motion to dismiss a complaint alleging material misrepresentations and omissions in those documents.
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790 F.2d 1439·
9th Cir.·
1986-06-03
·cited 25×
The court held that a release agreement, supported by admissions and conduct, barred subsequent claims regarding net worth, even if based on unknown accounting methods, and that the appeal was timely.
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775 F.2d 1498·
11th Cir.·
1985-11-14
·cited 19×
The court held that the district court did not abuse its discretion in granting a new trial due to the failure to instruct the jury on the burden of proof under the Florida Dealer Act and the deficiency of evidence regarding discrimination under the Federal Dealer Act.
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896 So. 2d 847·
Fla. 4th DCA·
2005-02-23
·cited 18×
Solorzano appeals the dismissal of her fraudulent nondisclosure claim against First Union Mortgage Corporation regarding housing code violations on residential property she purchased. The Fourth District reversed, holding that the seller's duty to disclose material defects under
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504 So. 2d 1361·
Fla. 1st DCA·
1987-04-06
·cited 14×
Rayner purchased a house after receiving a termite clearance letter from Noegel that failed to disclose known termite damage, despite Florida law requiring a detailed inspection report on a specific form. The court reversed the dismissal of fraud claims against the realty defenda
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379 F.2d 183·
9th Cir.·
1967-06-09
·cited 12×
The court held that the insurer was entitled to rescission of the policy due to fraudulent nondisclosure and that the trial court did not err in treating the action as one for declaratory judgment.
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809 F.2d 297·
6th Cir.·
1987-01-14
·cited 11×
The court held that the trial court erred in submitting the breach of fiduciary duty claim against Frost and Brownfield to the jury due to lack of proper pleading and notice, and that there was insufficient evidence to support fraud or § 10b-5 liability against them. The court af
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757 F.2d 523·
2d Cir.·
1985-03-18
·cited 10×
Settlement agreements, even if procured by fraud, bar claims for rescission based on that fraud, and covenants not to sue do not entitle a party to damages for good faith litigation testing the covenant's scope.
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922 F.2d 60·
2d Cir.·
1990-12-10
·cited 8×
The court vacated the dismissal of claims against S&C, finding that the issue of justifiable reliance raised a genuine issue of material fact, and remanded for further consideration.
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474 So. 2d 206·
Fla.·
1985-06-20
·cited 8×
Nondisclosure, whether fraudulent or not, cannot invalidate an antenuptial agreement executed before marriage under section 732.702, Florida Statutes, which eliminates the disclosure requirement for premarital antenuptial agreements in probate proceedings.
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327 So. 3d 297·
Fla. 4th DCA·
2021-09-01
·cited 4×
The trial court erred in granting summary judgment on the buyer's counterclaims because genuine issues of material fact remained as to whether the prior water intrusion event was a readily observable defect and whether the buyer exercised adequate diligence. For the breach of con
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193 So. 3d 86·
Fla. 4th DCA·
2016-05-11
·cited 4×
A homebuyer sued a real estate broker for fraudulent nondisclosure after discovering material defects in a residential property. The trial court granted the broker's motion for summary judgment, but the appellate court reversed, holding that genuine issues of material fact exist
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826 So. 2d 1094·
Fla. 5th DCA·
2002-10-04
·cited 2×
The Vaughns sold a waterfront home to Munn for $325,000. Munn later discovered termite damage and water problems, demolished the house, and rebuilt for $343,000, then sued for breach of the sales contract's disclosure warranty and fraud. The appellate court reversed the damages a
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721 So. 2d 341·
Fla. 2d DCA·
1998-10-21
·cited 2×
Raymond Spitale appeals a fraudulent nondisclosure judgment after selling a home with roof defects to Charles Smith. The court reverses, finding that Smith failed to prove Spitale had knowledge of a defect materially affecting the property's value, as required under Johnson v. Da
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999 F.2d 1257·
8th Cir.·
1993-07-27
·cited 2×
The court affirmed the district court's grant of summary judgment on asbestos abatement costs and its decision to allow voluntary dismissal of claims related to non-Minnesota buildings, finding no abuse of discretion.
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967 F.2d 1208·
8th Cir.·
1992-06-23
·cited 2×
The court held that summary judgment was properly granted for appellees on appellants' fraud, RICO, conspiracy, and deceptive trade practice claims because appellants failed to establish genuine issues of material fact regarding actionable fraud.
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358 So. 3d 434·
Fla. 4th DCA·
2023-03-15
·cited 1×
This case involves a breach of contract and failure to disclose lawsuit where buyers claimed the seller did not adequately disclose foundation settling issues. The appellate court affirmed the summary judgment for the seller, holding that the seller's disclosures, combined with t
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302 So. 3d 445·
Fla. 2d DCA·
2020-07-17
·cited 1×
The appellate court reversed a trial court's decision granting rescission and unjust enrichment claims to the Camerons. The court found that the trial court abused its discretion in ordering rescission based on alleged failures to disclose defects and complete minor repairs, and
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Fla. 4th DCA·
2023-03-15
Summary judgment was proper because the property disclosure form and the buyers' own inspection report sufficiently disclosed the foundation settling issue, and the buyers' failure to read or investigate the disclosed information defeated their nondisclosure claim under Johnson v
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839 F.2d 188·
3d Cir.·
1988-02-18
The court held that C&K lacks standing under the UCC to sue Equibank for wrongful dishonor, but reversed the dismissal of C&K's fraud claim based on alleged intentional misrepresentation and remanded for further proceedings.
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512 So. 2d 1147·
Fla. 1st DCA·
1987-09-24
The Rubels appealed a jury verdict finding against them in their fraud and negligence action against the McCullaghs and McCall Service regarding nondisclosure of termite damage in a real estate transaction. The appellate court affirmed the verdict, finding it manifestly supported
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449 So. 2d 918·
Fla. 3d DCA·
1984-04-24
The Florida District Court of Appeal held that section 732.702, which eliminates the fair disclosure requirement for valid antenuptial agreements in probate, does not preclude a surviving spouse from challenging an agreement based on fraudulent nondisclosure. The court reversed t
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412 F.2d 505·
4th Cir.·
1969-06-13
The court held that the defendants committed fraud by misrepresenting bond premium payments and failing to disclose a material indemnity agreement, affirming liability but remanding for recalculation of damages.