Guarantor Liability

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

• Orix Credit Alliance, Inc. v. Pappas
  946 F.2d 1258· 7th Cir.· 1991-10-25 ·cited 5×
  The court held that the Fruehauf agreement was a conditional sale, not a true lease, and modified the calculation of late charges to be assessed from the date of default to the date of sale.
• Valley CAR Wash, Inc. v. 163RD St. Shopping Ctr.
  310 So. 2d 320· Fla. 3d DCA· 1975-04-01 ·cited 5×
• Little v. Caswell-Doyle-Jones Corp.
  305 So. 2d 842· Fla. 1st DCA· 1975-01-09 ·cited 5×
  In this consolidated appeal from a three-million dollar condominium project financing dispute, the court reversed the trial court's finding of usury and held that individual guarantors of promissory notes remained personally liable despite a stockholders agreement providing for p
• Commissioner OF Internal Revenue v. Condit
  333 F.2d 585· 10th Cir.· 1964-06-19 ·cited 5×
  The court held that the taxpayer's $6,100 payment to settle his obligations with his business partner was a loss incurred in a transaction entered into for profit, deductible under I.R.C. § 165(c)(2).
• S. Pointe Global, LLC v. New Sparks Cap. Invs., LP
  S.D. Fla.· 2025-07-23 ·cited 4×
  The court recommended granting the plaintiff's motion for default final judgment because the defendants failed to respond to the complaint and the plaintiff's well-pleaded allegations established plausible claims for breach of contract and breach of guaranty.
• Avra Jain v. Buchanan Ingersoll & Rooney PC
  322 So. 3d 1201· Fla. 3d DCA· 2021-06-16 ·cited 4×
  An attorney's alleged failure to object to a creditor's failure to produce an original promissory note does not constitute the proximate cause of a guarantor's loss when the guaranty is absolute and unambiguous, enforceable independent of the note. The issue was barred by collate
• Whitney Nat'l Bank v. Golf Strategies, LLC
  125 So. 3d 985· Fla. 2d DCA· 2013-06-21 ·cited 4×
  Florida appellate court affirmed judgment against guarantors but struck language estopping bank from foreclosure because the bank had already taken possession in bankruptcy proceedings, making foreclosure unnecessary.
• Purnima Sheth v. C.C. Altamonte Joint Venture
  976 So. 2d 85· Fla. 5th DCA· 2008-02-22 ·cited 4×
  Dr. Sheth appeals a judgment holding her liable under a continuing guaranty agreement for a commercial lease extension that occurred seven years after her divorce and separation from the dental practice. The court reverses, finding that fundamental changes in the business composi
• Mortoro v. Maloney
  580 So. 2d 822· Fla. 5th DCA· 1991-05-16 ·cited 4×
  This case involves competing claims to foreclosure surplus proceeds following a complex series of debt assignments and guarantees. The court held that Glenn Mortoro was entitled to equitable subrogation to Sun Bank's position and therefore had priority over First Florida Bank's s
• Wallis v. S. Fla. Sav. Bank & Allegheny Oaks of Fla., Inc.
  574 So. 2d 1108· Fla. 2d DCA· 1990-12-14 ·cited 4×
  A complaint alleging intentional misrepresentation against a bank states a cause of action when it alleges the bank made a false statement about its ability to lend, knew the statement was false, intended reliance by third parties, and the third parties actually relied on it and
• The HOH Co. v. The Travelers Indem. Co.
  903 F.2d 8· D.C. Cir.· 1990-05-15 ·cited 4×
  The court held that the subcontractor was not entitled to a fourteen percent markup on the recovery from the city, but affirmed the guarantor's liability for legal fees, remanding for recalculation.
• FR. Winkler KG v. Stoller
  839 F.2d 1002· 3d Cir.· 1988-02-24 ·cited 4×
  The court held that the parol evidence rule barred Stoller's defense that his guarantee was a mere formality and would never be enforced, and that his 'per aval' signature constituted a personal guarantee waiving notice of dishonor.
• Worthen Bank & Tr. Co., N.A. v. Utley
  748 F.2d 1269· 8th Cir.· 1984-11-28 ·cited 4×
  The court held that the jury's award for Worthen Bank was not supported by substantial evidence and reversed that portion of the judgment, and also reversed the jury's award on Utley's counterclaim for lack of substantial evidence. The court affirmed Utley's liability as guaranto
• Barash v. Gale Emps. Credit Union
  659 F.2d 765· 7th Cir.· 1981-09-11 ·cited 4×
  A guarantor is entitled to recover statutory damages under the Truth In Lending Act for inadequate disclosure made to the primary obligor, even if the guarantor did not personally receive the disclosure.
• Lane v. Floridus Enters., Inc.
  391 So. 2d 270· Fla. 4th DCA· 1980-11-26 ·cited 4×
• Steinberg v. Charles Sales Corp.
  296 So. 2d 601· Fla. 3d DCA· 1974-06-11 ·cited 4×
• Transp. Mgmt. Co. v. Elbert J. Druck
  279 So. 2d 88· Fla. 4th DCA· 1973-06-08 ·cited 4×
  In a suit on a promissory note, the trial court entered judgment against multiple defendants. The appellate court dismissed Transportation Management Company for lack of standing, reversed the judgment against Transit Company of the Palm Beaches (which was not a party to the note
• 3V Cap. Master Fund Ltd. v. Official Comm. of Unsecured Creditors of Tousa
  444 B.R. 613· S.D. Fla.· 2011-02-11 ·cited 3×
  The court held that the bankruptcy court correctly determined that the Transeastern Lenders received fraudulent transfers under Section 548 of the Bankruptcy Code.
• Americana Hotel, Inc. v. Abe Zable
  226 So. 2d 272· Fla. 3d DCA· 1969-08-12 ·cited 3×
  The court reviewed an order reversing a Judge of Industrial Claims' finding that a chambermaid's ruptured aneurysm was a compensable accident, holding that the injury was an unexpected result flowing from her employment activities.
• Deakter v. Augusto Menendez, Jr.
  830 So. 2d 124· Fla. 3d DCA· 2002-09-04 ·cited 2×
  The Mendelson Living Trust appealed a summary judgment dismissing its breach of note claim against Menendez. The Third District Court of Appeal reversed, holding that genuine issues of material fact precluded summary judgment on whether a lost renewal note was enforceable, whethe
• Brazell v. First Nat'l Bank & Tr. Co. OF Rockford
  982 F.2d 206· 7th Cir.· 1992-12-14 ·cited 2×
  The court held that there was insufficient evidence of actual fraud to support the jury's verdict and that the breach of contract claim was barred by the broad waiver in the guarantees.
• Ingram v. Brookins
  597 So. 2d 385· Fla. 2d DCA· 1992-04-17 ·cited 2×
  The court held that the trial court erred in granting summary judgment on a promissory note when the maker raised the seller's alleged breach of a related buy-sell agreement as a defense, creating a genuine issue of material fact.
• 47TH St. Serv. Station, Inc. v. Manny Campos
  595 So. 2d 229· Fla. 3d DCA· 1992-03-03 ·cited 2×
• Goatcher v. United States
  944 F.2d 747· 10th Cir.· 1991-09-10 ·cited 2×
  A shareholder's guarantee of a corporation's loan, without more, does not constitute an economic outlay sufficient to increase their stock basis for net operating loss deductions or establish they are 'at risk' for investment tax credits.
• Fed. Deposit Ins. Corp. v. Lanier
  926 F.2d 462· 5th Cir.· 1991-03-18 ·cited 2×
  The court held that the guarantors received adequate notice of the collateral sale under Texas law, and the sale was commercially reasonable, thus affirming the deficiency judgment.
• Green v. Foley
  856 F.2d 660· 4th Cir.· 1988-09-13 ·cited 2×
  The court held that the district court abused its discretion in denying relief from judgment under Fed.R.Civ.P. 60(b)(3) because newly discovered evidence of fraud and misrepresentation prevented the defendant from presenting a meritorious defense.
• Erasmo Martinez v. Fed. Deposit Ins. Corp.
  503 So. 2d 401· Fla. 3d DCA· 1987-02-24 ·cited 2×
• Benjamin and Helen Stratmore v. Comm'r of Internal Revenue Serv.
  785 F.2d 419· 3d Cir.· 1986-03-12 ·cited 2×
  Interest paid by guarantors on corporate notes after the corporations' discharge in bankruptcy is deductible under I.R.C. § 163 because the guarantors had a direct and fixed obligation to pay and no recourse against the discharged corporations.
• Shell OIL Co. v. Mills OIL Co., Inc.
  717 F.2d 208· 5th Cir.· 1983-10-17 ·cited 2×
  A bank with a perfected security interest in inventory is a good faith purchaser under UCC § 2-403, even if it knows the seller has not been paid, and can prevail over the unpaid seller's reclamation rights.
• Glen Constr. Co., Inc. v. Bank OF Vienna
  557 F.2d 1050· 4th Cir.· 1977-06-30 ·cited 2×
  The court held that Glen Construction Co. did not contract to buy stone directly from Chantilly Crushed Stone, Inc., and therefore was not liable for the cost of the stone.
• Magnolia Homes Mfg. Corp. v. Montgomery
  451 F.2d 934· 8th Cir.· 1971-12-08 ·cited 2×
  A holder who unjustifiably impairs collateral without the debtor's consent discharges the debtor to the extent of the collateral's value, and the court must correct mathematical errors in calculating the resulting credit.
• H. Kook & Co., Inc. v. Scheinman
  414 F.2d 93· 2d Cir.· 1969-07-11 ·cited 2×
  The court held that an SEC suspension of trading does not automatically void pre-existing options contracts, especially when the SEC has issued an interpretive release permitting completion of such transactions under certain conditions.
• Fayez Shamieh and Amal Shamieh v. HCB Fin. Corp.
  355 So. 3d 1050· Fla. 1st DCA· 2023-02-15 ·cited 1×
  The appellate court reversed a lower court's decision that granted summary judgment to Daher, finding that Daher's settlement with the bank did not sever his common obligation with the Shamiehs. The court remanded the case to determine the exact amount of contribution the Shamieh
• D'Agostino v. Ccp Ponce
  274 So. 3d 1141· Fla. 3d DCA· 2019-05-01 ·cited 1×
  In this foreclosure deficiency judgment appeal, the mortgagor Ponce Trust and two guarantors of a $50 million construction loan challenge a deficiency judgment entered by the trial court. The court affirms the judgment against Ponce Trust but reverses and remands the judgment aga
• Zoo-Land v. Premier Am. Bank
  257 So. 3d 545· Fla. 2d DCA· 2018-10-10 ·cited 1×
  The deficiency judgment was affirmed as to Zoo-Land but reversed as to the individual guarantors because genuine issues of material fact existed regarding the guarantors' equitable estoppel defense based on an alleged oral agreement to waive claims against them in exchange for th
• Overseas Private Inv. Corp. v. Metro. Dade Cnty.
  1993 U.S. Dist. LEXIS 9823· S.D. Fla.· 1993-05-27 ·cited 1×
  The court denied Dade County's motions for judgment notwithstanding the verdict and for a new trial, finding sufficient evidence supported the jury's verdict and damages award.
• Wainer v. A.J. Equities, Ltd.
  984 F.2d 679· 5th Cir.· 1993-03-04 ·cited 1×
  The court held that the lessor's consent to the assumption and assignment of a lease in bankruptcy, coupled with modifications to the lease that benefited the lessor, constituted a novation under Louisiana law, thereby releasing the guarantor.
• Resolution Tr. Co. by FDIC v. Clark
  741 F. Supp. 896· S.D. Fla.· 1990-07-27 ·cited 1×
  The court held that the D'Oench doctrine applies, estopping defendants from asserting oral modifications as a defense against the RTC, and that no genuine issue of material fact precluded summary judgment.
• Heinl v. Fulmer-Vance, Inc.
  255 So. 2d 281· Fla. 4th DCA· 1971-08-17 ·cited 1×
  The plaintiff appealed a summary final judgment in favor of two defendants (Charlotte Vance and Eloise Fulmer) while the case proceeded against a third defendant (Charles Vance), concerning alleged rents owed on two leases.
• Fields v. Wilensky
  247 So. 2d 477· Fla. 4th DCA· 1971-04-02 ·cited 1×
  Fields appealed a judgment requiring him to pay principal on a usurious promissory note executed in 1964 as a guarantor. The trial court initially forfeited both principal and interest under the 1964 usury statute, but then permitted recovery of principal only under a 1965 statut
• C.G. v. Dep't of Child. & Families
  Fla. 1st DCA· 2025-02-28
  An appeal in a parental rights termination case was dismissed because the appellant's counsel withdrew and the appellant failed to timely file his own brief in support of the appeal. The court followed the procedure established in N.S.H. v. Department of Children and Family Servi
• Peragine v. Platinum Rapid Funding Grp., Ltd.
  Fla. 4th DCA· 2024-11-06
  A guarantor who fails to present evidentiary proof that he did not consent to a modification of the guaranteed obligation cannot resist liability based on that modification.
• Jack Doheny Cos., Inc. v. Drainage P'rs, LLC
  S.D. Fla.· 2023-12-28
  Contractual interest, if integral to the contract and not merely a result of delay, can be included to satisfy the amount in controversy requirement for diversity jurisdiction.
• Portal v. WRI JT Tamiami Trail, LP
  222 So. 3d 637· Fla. 3d DCA· 2017-06-28
  Commercial landlord sued tenant and guarantor for unpaid rent and future rent due under a commercial lease. The trial court entered judgment for the landlord, but the appellate court found a computational error in calculating the present value of future rent owed and reversed in
• Preferred Fin. Servs., Inc.
  Del. Super. Ct.· 2016-06-23
  The Delaware Superior Court held that the confession of judgment provision in the promissory note was validly executed by A&R Bail Bonds LLC, but the underlying business arrangement between Preferred Financial Services, Inc. (PFSI) and A&R violated Delaware insurance laws and pub
• Branch Banking & Tr. Co. v. Hamilton Greens, LLC
  1991 WL 42118· S.D. Fla.· 2013-04-29
  Summary judgment is granted for the plaintiff because the defendant's affirmative defenses of waiver, estoppel, and failure to mitigate are invalid as a matter of law due to the clear and unconditional terms of the guaranty agreement.
• Legend Natural GAS II Holdings, LP
  Del. Ch.· 2012-09-28
  The Court held that the arbitration clause in the Employment Agreement, which broadly covered "any dispute, controversy or claim arising out of or relating to this Agreement" and referenced AAA rules, provided clear and unmistakable evidence of the parties' intent to arbitrate th
• In & for New Castle Cnty. Michael F. Digiacobbe
  Del. Ch.· 2002-05-07
  The court affirmed the Master's finding that the defendant must account to the partnership for $5,243, representing excess draws retained by the defendant, after allowing offsets for payments made by the defendant to satisfy partnership debts. The court denied the defendant's exc
• Armstrong v. Bank OF Am., N.A.
  776 So. 2d 326· Fla. 3d DCA· 2001-01-10
  A guarantor's liability for prejudgment interest on a guaranteed note may exceed the stated limit of the guaranty because prejudgment interest accrues as a matter of law independent of the guaranty's cap.
• Nat'l Enters., Inc. v. Vinas
  735 So. 2d 558· Fla. 3d DCA· 1999-06-09
  National Enterprises appealed a jury verdict finding that Hector Viñas was not liable as guarantor on a promissory note. The court affirmed the jury verdict but reversed the trial court's award of attorney's fees and costs to Viñas, holding that the guaranty did not authorize fee