Imputed Knowledge

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

• Anderson v. The First Nat'l Bank OF Wauchula
  258 So. 2d 819· Fla. 2d DCA· 1972-02-23 ·cited 3×
  The court affirmed a jury verdict for the defendant bank, holding that the bank was not liable for conversion when its president, who was also an officer of the plaintiff corporation, deposited a corporate check into various accounts including those of other entities and individu
• Sallie Williams and Zibe Williams and Executor v. Howard Cole & Co., Inc.
  159 Fla. 151· Fla.· 1947-04-25 ·cited 3×
  The Court held that the release of a power to amend a trust, made to correct a legal misunderstanding about estate tax inclusion, was not made in contemplation of death if the dominant motive was to effectuate the original intent of the gift.
• Gomez Lawn Serv., Inc. v. THE Hartford
  98 So. 3d 212· Fla. 1st DCA· 2012-09-28 ·cited 2×
  In this workers' compensation appeal, the court reversed a Judge of Compensation Claims' decision that barred an employee's petition for benefits based on alleged untimely notice to the workers' compensation carrier. The court held that Florida law requires notice to the employer
• Mervin LEE v. David Simon, D.O.
  885 So. 2d 939· Fla. 4th DCA· 2004-10-27 ·cited 2×
  In this medical malpractice case, the Fourth District Court of Appeal affirmed summary judgment dismissing the plaintiff's claim against Dr. David Simon based on the statute of limitations. The court held that the statute commenced when the plaintiff became aware of the injury (d
• Smith v. State
  882 So. 2d 1050· Fla. 4th DCA· 2004-08-24 ·cited 2×
  Antonio Smith appeals his conviction for battery on a law enforcement officer, resisting arrest, and cannabis possession, arguing the state failed to disclose a material witness (the vehicle lessee) in violation of discovery rules. The court held that the state's obligation to di
• Gordon C. Brydger, P.A. v. Wolfe
  847 So. 2d 1074· Fla. 4th DCA· 2003-06-11 ·cited 2×
  Brydger, an attorney, perfected a charging lien on attorney's fees in a dissolution of marriage action by filing notice on April 25, 2000, prior to the case's termination. The trial court incorrectly denied Brydger's motion to satisfy the lien as untimely, despite his prompt acti
• Ogden Allied Servs. & The Travelers Ins. Co. v. Bryant
  647 So. 2d 195· Fla. 1st DCA· 1994-07-19 ·cited 2×
  In this workers' compensation appeal, the First District Court of Appeal affirmed the judge of compensation claims' finding of a causal connection between the claimant's industrial accident and his ankylosing spondylitis and resulting hip surgeries, requiring the employer/carrier
• Walls v. Armour Pharm. Co.
  832 F. Supp. 1467· M.D. Fla.· 1993-07-19 ·cited 2×
  The court held that the products liability statute of limitation, not the negligence statute, applied to the failure-to-warn claim, and the action was timely filed.
• United States v. Premises Known AS 318 S. Third St.
  988 F.2d 822· 8th Cir.· 1993-03-08 ·cited 2×
  Real property used in an illegal gambling business is subject to forfeiture under 18 U.S.C. § 1955, and the statute allows for judicial discretion in ordering forfeiture based on proportionality.
• United States v. Nafzger
  974 F.2d 906· 7th Cir.· 1992-09-09 ·cited 2×
  The court held that the collective knowledge doctrine allowed Detective Argue to rely on information from other officers, establishing reasonable suspicion for the Terry stop. However, the court remanded for reconsideration of the 'more than minimal planning' sentencing enhanceme
• Bunge Corp. v. Dir., Off. OF Workers Comp., United States Dep't of Labor Off. of Workman Comp.
  951 F.2d 1109· 9th Cir.· 1991-12-18 ·cited 2×
  The court held that the employer did not present substantial evidence that the employee's psychological condition was manifest prior to the work injury, thus not entitling the employer to relief under section 8(f).
• In re Forfeiture OF 1985 Ford Ranger Pickup Truck
  582 So. 2d 3· Fla. 1st DCA· 1991-04-18 ·cited 2×
  The State of Florida appealed the trial court's denial of forfeiture of a pickup truck titled to both a father and son, arguing that the "innocent spouse" exception in Florida's forfeiture statute was unconstitutional. The First District reversed, holding that the statute does no
• McINTOSH v. L.H. Hough
  579 So. 2d 179· Fla. 5th DCA· 1991-04-11 ·cited 2×
  This case involves a complex scheme of fraudulent property conveyances stemming from a 1979 judgment against L.H. Hough. The court addressed whether subsequent purchasers without actual notice of a lis pendens can raise the unclean hands equitable defense against the original fra
• Peters v. Egnor
  888 F.2d 713· 10th Cir.· 1989-11-02 ·cited 2×
  The court held that there was sufficient evidence to support the magistrate's finding of probable cause for extradition on charges of theft by deception and forgery, and that the dual criminality requirement was satisfied.
• Manzella v. The Paul Revere Life Ins. Co.
  872 F.2d 96· 5th Cir.· 1989-04-04 ·cited 2×
  An insurance company is not bound by the knowledge of an independent broker, and misrepresentations regarding other insurance policies and income were material and made with intent to deceive, justifying denial of disability payments.
• Merle Norman Cosmetics, Inc. v. United States Dist. Court
  856 F.2d 98· 9th Cir.· 1988-09-02 ·cited 2×
  The court held that the district court's denial of the motion to disqualify attorney Joel Bennett was not clearly erroneous, and therefore mandamus relief was not appropriate.
• Am. Ins. Corp. v. Sederes
  807 F.2d 1402· 7th Cir.· 1986-12-23 ·cited 2×
  The court held that the insurance policy did not cover charter pilot operations because the insurer lacked knowledge of this specific risk, and the agent facilitating the policy was acting as the insured's agent, not the insurer's. Therefore, knowledge of the charter operation co
• Smith v. Whatcott
  774 F.2d 1032· 10th Cir.· 1985-10-15 ·cited 2×
  The court held that a law firm should not be disqualified from representing a client on appeal based on a "double imputation" of confidential information from a previously disqualified firm, absent a close working relationship or actual access to confidences.
• McGEHEE v. Farmers Ins. Co., Inc.
  734 F.2d 1422· 10th Cir.· 1984-05-25 ·cited 2×
  The court held that the insurance company was estopped from denying liability because its agent had full knowledge of the facts regarding ownership and the policy remained in effect.
• Horizons, Inc. v. Avco Corp.
  714 F.2d 862· 8th Cir.· 1983-08-23 ·cited 2×
  The court held that consequential damages were properly awarded but the amount was miscalculated, and damages for 'cover' were correctly denied because the buyer did not reject or revoke acceptance of the goods.
• Martin v. Xarin Real Est., Inc.
  703 F.2d 883· 5th Cir.· 1983-04-25 ·cited 2×
  The court held that an enforceable contract was formed despite the earnest money deposit being made by personal check, and that the buyer was liable for breach of contract and liquidated damages.
• Mighty OAK, Inc. v. Hartford Accident & Indem. Co.
  399 So. 2d 425· Fla. 5th DCA· 1981-06-03 ·cited 2×
  An insurance company denied a claim for fire loss based on a 60-day vacancy clause in the policy. The insured argued that the insurance agent had actual knowledge of the vacancy and that this knowledge should be imputed to the insurer as a waiver. The court affirmed the jury's ve
• Pocahontas Fuel Co. v. Andrus
  590 F.2d 95· 4th Cir.· 1979-01-08 ·cited 2×
  The court held that the operator was properly charged with the knowledge of its preshift examiner, leading to a finding of unwarranted failure to comply with safety standards.
• Nw. Equip. Sales Co. v. W. Packers, Inc.
  543 F.2d 65· 9th Cir.· 1976-09-21 ·cited 2×
  The court held that the district court's judgment could not be sustained on either the subsequent purchaser for value theory or the successors in interest theory due to lack of specific findings of fact and problematic interpretations of Idaho law.
• Gates v. United States & Prudential Ins. Co. of Am.
  481 F.2d 850· 5th Cir.· 1973-07-11 ·cited 2×
  The court held that despite the government's misconduct in hindering the claim, the father's failure to file a claim within the one-year statutory period barred his recovery.
• State Farm Mut. Auto. Ins. Co. v. Bockhorst
  453 F.2d 533· 10th Cir.· 1972-01-14 ·cited 2×
  State Farm's issuance of a retroactively reinstated insurance policy after being informed of an intervening accident constituted a waiver of its right to deny coverage, making the policy effective at the time of the accident.
• In re Sec. & Exch. Comm'n v. H. L. Rodger & BRO.
  444 F.2d 1077· 7th Cir.· 1971-06-29 ·cited 2×
  A third party who loans securities to a debtor to secure the debtor's debt is a surety, but is not discharged from liability unless the creditor's actions alter the principal debtor's obligation or impair the surety's rights.
• Cent. Mfg. Co. v. ST. Louis-San Francisco Ry. Co.
  394 F.2d 704· 8th Cir.· 1968-05-09 ·cited 2×
  The court held that the trial court did not err in excluding a letter from an attorney acting in a legislative capacity and in refusing to modify a jury instruction on hazardous railroad crossings.
• Bailey v. Gulf Ins. Co.
  389 F.2d 889· 10th Cir.· 1968-02-01 ·cited 2×
  The court held that the insurer could not avoid liability for a vacancy clause violation when its agent, who knew of the vacancy, was acting within the scope of his agency for the insurer.
• Smith v. Aircraft Co.
  298 F.2d 528· 10th Cir.· 1961-11-03 ·cited 2×
  The court held that the agent lacked standing to sue for the insurance premium and that the insurer was not liable under the policy due to a breach of the named pilot provision, as there was no evidence of waiver or estoppel.
• Adele L. Rand v. Underwriters AT Lloyd's
  295 F.2d 342· 2d Cir.· 1961-10-11 ·cited 2×
  The court held that the notice provision in the livestock mortality insurance policies should be strictly enforced, and the delay in providing notice constituted a breach of condition as a matter of law.
• Coy Kinchen and Mabel Kinchen v. Lexington Ins. Co.
  292 F.2d 581· 5th Cir.· 1961-07-20 ·cited 2×
  A breach of warranty in an insurance policy voids coverage unless the breach does not increase the hazard; a mortgagee with knowledge of a breach cannot benefit from the policy.
• Woodmen of the World Life Ins. Soc'y v. Jackson
  243 F.2d 558· 5th Cir.· 1957-04-26 ·cited 2×
  The knowledge of a fraternal benefit society's agent regarding an applicant's true health condition is imputed to the society, estopping it from asserting defenses based on false answers in the application, but attorney fees are not recoverable against such societies under Florid
• Citizens Cas. Co. OF NEW York v. L. C. Jones Trucking Co., Inc.
  238 F.2d 369· 10th Cir.· 1956-10-18 ·cited 2×
  The court held that Jones' notification of the accident was timely and that the accident, occurring during the transportation of merchandise, was covered by the Casualty Company's policy, not National's.
• Gordon v. United States
  203 F.2d 248· 10th Cir.· 1953-02-28 ·cited 2×
  The court held that the trial court erred in instructing the jury that partners could be held criminally liable for their employees' violations of a statute without proof of the partners' actual participation or guilty knowledge.
• Harbor Towing Corp. v. Parker
  171 F.2d 416· 4th Cir.· 1948-12-13 ·cited 2×
  The court affirmed the district court's findings that the tug's faults caused the collision and denied the tug owner's petition for limitation of liability due to the captain's incompetency and the tug's insufficient power.
• Carvel Holloman v. State
  211 So. 3d 150· Fla. 4th DCA· 2017-02-15 ·cited 1×
  The court held that the state presented sufficient evidence that the appellant knew of the presence of cocaine because the altered brass fitting had burnt residue and was found in his pocket.
• Sanchez v. State
  215 So. 3d 69· Fla. 3d DCA· 2016-08-03 ·cited 1×
  Carlos Sanchez appeals his conviction for attempted second-degree murder, challenging the trial court's denial of his motion to dismiss based on alleged destruction of a urine toxicology report. The appellate court affirmed, finding no evidence the report ever existed or was in t
• Guarente-Desantolo v. John Alden Life Ins. Co.
  744 So. 2d 1123· Fla. 4th DCA· 1999-10-20 ·cited 1×
  Patricia Guarente-DeSantolo sued John Alden Life Insurance Company for wrongfully denying coverage and rescinding her health insurance policy based on alleged misrepresentations in her application. The trial court granted summary judgment for John Alden, finding the insurance age
• United States v. Ibekwe
  1991 U.S. Dist. LEXIS 4071· M.D. Fla.· 1991-04-01 ·cited 1×
  The court held that statements made by the defendant at the airport after requesting an attorney must be suppressed. However, the court found the initial stop and strip search at the airport to be reasonable.
• United States v. Entin
  750 F. Supp. 512· S.D. Fla.· 1990-10-26 ·cited 1×
  The court held that the defendants violated the False Claims Act by conspiring to defraud the SBA with false representations about Miami Capital Corporation's capitalization, and are jointly and severally liable for damages.
• Ross v. Twenty-Four Collection, Inc.
  681 F. Supp. 1547· S.D. Fla.· 1988-03-11 ·cited 1×
  The court held that the plaintiff was subjected to severe and pervasive sexual harassment creating a hostile work environment, leading to a constructive discharge, and that her reliance on a non-competition agreement excused her failure to mitigate damages.
• Fin. Fire & Cas. Co. v. Southmost Vegetable Coop. Ass'n
  212 So. 2d 69· Fla. 3d DCA· 1968-06-04 ·cited 1×
  This case involves an insurance dispute where the insured's packing facility burned down after the insurer claimed the policy was cancelled. The court affirmed the jury's verdict in favor of the insured, finding that a genuine issue of material fact existed regarding the scope of
• Applefield v. Commercial Standard Ins. Co.
  176 So. 2d 366· Fla. 2d DCA· 1965-05-28 ·cited 1×
  Applefield purchased mortgage assignments secured by title insurance binders from Commercial Standard Insurance Company, but discovered prior liens that were superior to his mortgages. When he demanded that the insurer issue permanent policies and remove the encumbrances, it refu
• Traves Lavone Malcolm v. State
  Fla. 4th DCA· 2026-02-18
  Traves Lavone Malcolm appealed the trial court's summary denial of his Rule 3.850 postconviction motion claiming newly discovered evidence of a twenty-year plea offer his trial counsel allegedly failed to convey. The appellate court held that while the motion was facially deficie
• Marguerita Sanichara v. GEICO Gen. Ins. Co.
  M.D. Fla.· 2026-01-15
  Summary judgment is granted because the plaintiff failed to establish a prima facie case for ADA associational discrimination, as the decision-makers lacked knowledge of her parents' disabilities, and temporal proximity alone was insufficient to prove pretext.
• Rehab Co., LLC v. Mack Operations, LLC
  Del. Ch.· 2026-01-12
  Plaintiffs moved for reargument of the dismissal of a fraud claim against defendants under Delaware Rule 59(f). The Court of Chancery denied the motion, holding that plaintiffs failed to identify overlooked facts or law and that imputation of an officer's knowledge would not cure
• Saint Hubert v. 1754 Props. LLC
  M.D. Fla.· 2025-09-09
  The court granted in part and denied in part the plaintiff's motion, extending the time to file a notice of appeal but denying the request to vacate the final judgment.
• McKenzie v. United States Tennis Ass'n Inc.
  M.D. Fla.· 2024-08-16
  Kylie McKenzie sued the United States Tennis Association for negligence, negligent supervision and retention, and related claims after a USTA coach sexually assaulted her over two weeks at the USTA National Campus in Florida in 2018. The court denied the USTA's post-trial motion
• Lemano Invs., LLC v. RGF Athena, LLC
  390 So. 3d 154· Fla. 3d DCA· 2024-04-03
  Lemano Investments appeals summary judgment in favor of RGF Athena in a property ownership dispute. The court affirmed, holding that RGF Athena had superior title to two Miami properties that were fraudulently transferred by Frederic Henry, a manager of both companies, without au