Parol Evidence Rule

2,396 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Porte F. Quinn v. Phipps
  113 So. 419· Fla.· 1927-04-11 ·cited 679×
  Quinn, a real estate broker, agreed to negotiate the purchase of Florida property on behalf of Phipps but instead purchased the property for himself in violation of that fiduciary relationship. The Florida Supreme Court held that Quinn became a constructive trustee of the propert
• Heyman v. Commerce & Indus. Ins. Co.
  524 F.2d 1317· 2d Cir.· 1975-10-24 ·cited 206×
  The court held that summary judgment was improperly granted because the interpretation of the term "new building" in the settlement agreement presented a genuine issue of material fact requiring trial.
• Amos v. Shelton J. Gunn
  84 Fla. 285· Fla.· 1922-04-07 ·cited 206×
  The Florida Supreme Court held that House Bill No. 702 never became law because it was not signed by the presiding officers of both houses within the constitutional 60-day legislative session period. The court rejected arguments that the presiding officers could sign bills after
• Freeman v. Cont'l GIN Co.
  381 F.2d 459· 5th Cir.· 1967-07-13 ·cited 190×
  The court held that the parol evidence rule barred oral testimony contradicting the unambiguous written contract, and that the trial court did not abuse its discretion in denying leave to amend due to undue delay.
• Warrior Tombigbee Transp. Co., Inc. v. M/V NAN Fung
  695 F.2d 1294· 11th Cir.· 1983-01-17 ·cited 188×
  The court held that the district court erred in granting summary judgment because genuine issues of material fact existed regarding the parties' intent and the interpretation of their agreement.
• Arnstein v. Porter
  154 F.2d 464· 2d Cir.· 1946-02-11 ·cited 186×
  The dissenting judge argues that the court should have granted summary judgment for the defendant, finding no legal basis for a plagiarism claim based on the presented evidence.
• Rosa Chappelle McGill and her husband S. D. McGill v. Chappelle
  71 Fla. 479· Fla.· 1916-04-11 ·cited 179×
  Rosa Chappelle McGill and her husband appealed a decree establishing a resulting trust in favor of Pat Chappelle's brothers, Lewis W. and James E. Chappelle, in partnership property worth approximately one-third of Pat's estate. The Florida Supreme Court reversed, finding the evi
• Blackhawk Heating & Plumbing Co., Inc. v. Data Lease Fin. Corp.
  302 So. 2d 404· Fla.· 1974-10-24 ·cited 178×
  Blackhawk and Machata lent their credit to Data Lease to facilitate Data Lease's purchase of bank stock, taking an option to acquire 25% of the shares for consideration tied to "cash-flow benefits" Data Lease would derive from the transaction. The Florida Supreme Court reversed t
• Taylor Woodrow Constr. Corp. v. Sarasota/Manatee Airport Auth.
  814 F. Supp. 1072· M.D. Fla.· 1993-02-18 ·cited 170×
  The court denied the plaintiff's motion for reconsideration of the prior order denying its motion to strike, and denied the plaintiff's request to amend the prior order.
• Impossible Elecs. Techniques, Inc. v. Wackenhut Protective Sys., Inc.
  669 F.2d 1026· 5th Cir.· 1982-03-11 ·cited 158×
  Summary judgment was improperly granted because genuine issues of material fact exist regarding the formation of an oral contract and the applicability of the Statute of Frauds.
• Gendzier v. Bielecki
  97 So. 2d 604· Fla.· 1957-10-16 ·cited 153×
  Florida Rag Company sued Miami Graded Paper & Rag Salvage for payment on an alleged account stated and for goods sold. The Florida Supreme Court reversed a jury verdict for the defendants, holding that the defendants' testimony about their secret, unilateral intent in initialing
• Reid v. Barry
  93 Fla. 849· Fla.· 1927-04-14 ·cited 149×
  The Florida Supreme Court upheld a bishop's title to church property conveyed by deed in 1881 without using the word 'heirs,' holding that the absence of this technical word of inheritance does not defeat the conveyance when the deed clearly expresses intent to transfer a fee sim
• Arrow Prop. Ins. Adjusters, Inc. v. People's Tr. Ins. Co.
  357 So. 3d 182· Fla. 3d DCA· 2024-02-07 ·cited 140×
  Extrinsic evidence cannot be admitted to interpret a contract unless the words used are unclear and create an ambiguity on the face of the contract itself.
• Ashland OIL, Inc. v. Rod Pickard
  269 So. 2d 714· Fla. 3d DCA· 1972-11-28 ·cited 131×
  Two consolidated appeals concerning fraudulent inducement and breach of contract claims brought by Captain Rod Pickard and his companies against Ashland Oil, Cobia Boats, Modern Fiber Glass, and Harold Slama regarding an alleged scheme to deceive Pickard into providing his expert
• Laufer v. Norma Fashions, Inc.
  418 So. 2d 437· Fla. 3d DCA· 1982-08-24 ·cited 122×
  The court held that the contract was not so ambiguous as to require construction as a factual issue, and the trial court's resolution was supported by competent substantial evidence.
• Applied Genetics Int'l, Inc. v. First Affiliated Sec., Inc.
  912 F.2d 1238· 10th Cir.· 1990-08-29 ·cited 114×
  The court held that summary judgment was inappropriate regarding claims of economic duress, material breach, and the scope of the release for post-settlement claims, but was appropriate on the issue of fraud and the exclusion of parol evidence.
• ST. JOE Corp. v. McIVER
  875 So. 2d 375· Fla.· 2004-02-05 ·cited 112×
  The Florida Supreme Court held that a real estate broker can be entitled to a commission for a condemnation of property if the seller and broker agreed to pursue condemnation as an alternative to a traditional sale, resolving a conflict with prior precedent that held condemnation
• Emergency Assocs. OF Tampa, P.A. v. Joseph A. Sassano, D.O.
  664 So. 2d 1000· Fla. 2d DCA· 1995-10-11 ·cited 110×
  Emergency Associates and Dr. Arnold appealed a trial court's decision enforcing a noncompetition agreement against them by interpreting "five (5) square miles" as "five-mile radius." The appellate court reversed, holding that "square mile" is an unambiguous unit of measurement an
• Providence Square Ass'n, Inc. v. Biancardi
  507 So. 2d 1366· Fla.· 1987-04-23 ·cited 110×
  The Florida Supreme Court held that a condominium declaration may be reformed on equitable grounds to correct a mutual mistake regarding unit ownership percentages in common elements, even though the declaration is a unilateral document. The court reversed the district court's de
• Chuy v. The Philadelphia Eagles Football Club (sued as "The Philadelphia Eagles")
  595 F.2d 1265· 3d Cir.· 1979-03-09 ·cited 110×
  The court held that the trial court erred in not submitting to the jury the question of whether the average reader understood Dr. Nixon's statements as tending to injure Mr. Chuy's professional reputation, necessitating a remand for a new trial on the defamation claim.
• Johnson Enters. OF Jacksonville, Inc. v. FPL Grp., Inc.
  162 F.3d 1290· 11th Cir.· 1998-12-18 ·cited 104×
  Johnson Enterprises of Jacksonville, Inc. (JEJ) sued Telesat Cablevision, Inc., FPL Group, Inc., and FPL Group Capital, Inc. for breach of contract, fraud, RICO violations, and various tort claims arising from a cable television construction contract dispute. JEJ alleged that Tel
• Greyhound Computer Corp., Inc. v. Int'l Bus. Machs. Corp.
  559 F.2d 488· 9th Cir.· 1977-08-17 ·cited 103×
  The court concurs in affirming the directed verdict on the breach of contract count and remands for trial on monopolization claims.
• Palmer v. Evans
  81 So. 2d 635· Fla.· 1955-07-08 ·cited 103×
  In this negligence case arising from a motorcycle accident, the Florida Supreme Court held that a car dealer who retains only naked legal title under a conditional sales contract is not liable for the negligence of the purchaser-driver, even if statutory title-transfer requiremen
• THE Florida BAR v. Frederick
  756 So. 2d 79· Fla.· 2000-05-04 ·cited 101×
  The Florida Bar disciplined attorney Mark Evan Frederick for mishandling client trust funds in a class action lawsuit and for allowing a disciplinarily resigned attorney to have direct contact with clients. The Florida Supreme Court approved the recommended 91-day suspension and
• Marianna Lime Prods. Co. v. McKay
  109 Fla. 275· Fla.· 1933-03-24 ·cited 100×
  Marianna Lime Products Company purchased all stock of Florida Basic Rock Company and expressly agreed in writing to assume a promissory note owed by the corporation. The holder of the note, C. A. McKay, sued Marianna Lime Products as a third-party beneficiary under Florida's real
• Int'l Union OF Bricklayers & Allied Craftsman Local Union NO. 20, AFL-CIO v. Martin Jaska, Inc.
  752 F.2d 1401· 9th Cir.· 1985-01-30 ·cited 98×
  The court held that the union's appeal was frivolous because it raised factual issues not presented to the trial court, despite the parties' agreement to submit the contract's construction as a matter of law.
• Radobenko v. Automated Equip. Corp.
  520 F.2d 540· 9th Cir.· 1975-06-18 ·cited 93×
  The court held that contradictory deposition and affidavit testimony from a party, where the only factual dispute arises from these inconsistencies, does not create a genuine issue of material fact sufficient to defeat a motion for summary judgment.
• Royal Am. Realty, Inc. v. Bank OF Palm Beach & Tr. Co.
  215 So. 2d 336· Fla. 4th DCA· 1968-11-04 ·cited 93×
  A real estate broker appeals a trial court judgment denying it full brokerage compensation under a disputed written agreement. The court of appeal reversed, holding that the agreement was ambiguous and that parol evidence properly admitted at trial established the parties intende
• Commissioner OF Internal Revenue v. Danielson
  378 F.2d 771· 3d Cir.· 1967-05-02 ·cited 93×
  The court held that the parol evidence rule, even if considered substantive, is superseded by 26 U.S.C. § 7453, which requires adherence to the rules of evidence of the U.S. District Court for the District of Columbia, allowing extrinsic evidence to show the substance of a transa
• The ARO Corp. v. Allied Witan Co.
  531 F.2d 1368· 6th Cir.· 1976-03-25 ·cited 90×
  The district court had jurisdiction to enforce a settlement agreement that resolved patent litigation, and summary enforcement was proper because no substantial factual dispute existed.
• Hoopes v. Crane
  56 Fla. 395· Fla.· 1908-06-01 ·cited 89×
  Hoopes Brothers & Darlington sued Crane & MacMahon to enforce an exchange agreement for timber leases and recover $900 allegedly due as part consideration for the exchange. The trial court sustained demurrers to the pleadings, directed a verdict for defendants, and judgment was e
• Hill v. Braxton Beacham and Berta Beacham
  79 Fla. 430· Fla.· 1920-04-05 ·cited 87×
  D.C. Hill sued Braxton Beacham and his wife Berta in 1908 alleging an oral partnership to acquire and develop orange grove properties, claiming the Beachams fraudulently placed titles in Mrs. Beacham's name and refused to account for profits. The trial court dismissed the complai
• United States Rubber Prods., Inc. v. Clark
  145 Fla. 631· Fla.· 1941-01-14 ·cited 86×
  United States Rubber Products sued for breach of warranty on a hot-rock conveyor belt sold to an industrial customer. The Florida Supreme Court affirmed judgment for the plaintiff, holding that the warranty was limited to the specific performance conditions stated in the purchase
• Mallard v. Ewing
  121 Fla. 654· Fla.· 1935-04-05 ·cited 86×
  This case addresses whether furniture withheld from an apartment complex sale should be credited against a mortgage debt, and whether attorney's fees can be awarded without proof of actual obligation to pay counsel. The Florida Supreme Court reversed the lower court's rejection o
• Jenkins v. Eckerd Corp.
  913 So. 2d 43· Fla. 1st DCA· 2005-09-28 ·cited 84×
  Sandhill Developments leased shopping center space to a drugstore tenant (K&B, later Eckerd) under a lease granting the tenant the right to terminate if anchor tenant Delchamps ceased to lease and pay rent. When Delchamps assigned its lease to Bruno's through bankruptcy, Eckerd e
• Camichos v. Diana Stores Corp.
  157 Fla. 349· Fla.· 1946-04-30 ·cited 81×
  Lessees John and Geneva Camichos sought to enforce a renewal option in their commercial lease when the property was set to be demolished. The Florida Supreme Court affirmed the trial court's dismissal, holding that the renewal clause was too indefinite to be enforceable and that
• Annibelle Jackson and Henry N. Jackson v. Parker
  153 Fla. 622· Fla.· 1943-10-29 ·cited 81×
  Jackson v. Parker concerns a purchase-money mortgage on a house in Ocala, Florida. The mortgagors, the Jacksons, purchased the property from the Monroes and signed a promissory note on the back of the mortgage after it was recorded. The key issue was whether a release of the mort
• Progressive Express Ins. Co. v. McGRATH Community Chiropractic
  913 So. 2d 1281· Fla. 2d DCA· 2005-11-18 ·cited 80×
  Progressive Express Insurance seeks second-tier certiorari review of a circuit court decision that reversed dismissal of a small claims action filed by a medical provider seeking PIP benefits. The court holds that standing to sue is not a condition precedent that can be cured by
• M/V Am. Queen v. SAN Diego Marine Constr. Corp.
  708 F.2d 1483· 9th Cir.· 1983-06-24 ·cited 80×
  The court held that a limitation of liability clause in a ship repair contract is enforceable, even for latent defects, absent overreaching, and that the contract language unambiguously allocated the risk of such defects to the shipowner.
• Fashion House, Inc. v. K Mart Corp.
  892 F.2d 1076· 1st Cir.· 1989-12-19 ·cited 77×
  The court held that the district court erred in its interpretation of the contract's 'agreeing-to-agree' provision regarding apparel, but correctly interpreted the 'prior orders' exclusion. The court also affirmed the discovery sanctions imposed on K mart.
• Fla. Moss Prods. Co. v. City of Leesburg
  93 Fla. 656· Fla.· 1927-03-29 ·cited 77×
  Florida Moss Products Company sought to enforce an alleged oral agreement that land it sold to the City of Leesburg was to be used only for park purposes, but the Florida Supreme Court held that parol evidence cannot be admitted to impose contractual obligations that conflict wit
• Rhode v. Gallat
  70 Fla. 536· Fla.· 1915-12-16 ·cited 76×
  Frank Gallat sought specific performance of an alleged contract to purchase land from the estate of John Polaski, claiming an oral agency relationship with executor Paul P. Rhode. The Florida Supreme Court reversed, holding that the written memorandum lacked a sufficiently defini
• Forbes v. The Fort Lauderdale Mercantile Co.
  83 Fla. 66· Fla.· 1922-01-23 ·cited 75×
  Forbes executed a promissory note to the Fort Lauderdale Mercantile Company but sought to avoid liability by claiming fraud and lack of consideration. The Florida Supreme Court affirmed a default judgment for the creditor, holding that Forbes's pleas were legally insufficient to
• English & Am. Ins. Co. Ltd. v. Swain Groves, Inc.
  218 So. 2d 453· Fla. 4th DCA· 1969-01-13 ·cited 74×
  Eleven unauthorized surplus lines insurers appealed from judgments on hurricane insurance policies covering citrus. The court affirmed, holding that parol evidence of prior agreement was admissible to interpret the co-insurance clause's "value of the crop" term, that co-insurance
• Knabb v. Reconstr. Fin. Corp.
  144 Fla. 110· Fla.· 1940-07-30 ·cited 74×
  Knabb appealed a judgment on three promissory notes sold by the Reconstruction Finance Corporation, arguing the contract's true consideration was a land purchase agreement, not merely the notes themselves. The Florida Supreme Court affirmed, holding that the written correspondenc
• August Schmitt v. Bethea
  78 Fla. 304· Fla.· 1919-08-06 ·cited 74×
  Bethea purchased ten acres from Schmitt for $19,000, financing $16,650 via promissory notes secured by a mortgage on the land. Bethea agreed to subdivide and improve the property, selling lots and delivering purchase mortgages to Schmitt as credit toward his debt. The Florida Sup
• Orlando Realty Bd. Bldg. Corp. v. Hilpert
  93 Fla. 954· Fla.· 1927-05-02 ·cited 73×
  Orlando Realty Board Building Corporation appealed from a decree canceling an option to purchase land and denying specific performance. The Florida Supreme Court affirmed, holding that the option contract was too uncertain regarding which specific portion of the property the buye
• Landro v. Glendenning Motorways, Inc.
  625 F.2d 1344· 8th Cir.· 1980-07-07 ·cited 72×
  The dissenting judge believes the majority erred in finding the pension plan ambiguous and suggests promissory estoppel as an alternative basis for relief.
• J. M. Montgomery Roofing Co., Inc. v. Fred Howland, Inc.
  98 So. 2d 484· Fla.· 1957-11-22 ·cited 72×
  The majority opinion held that the case must be remanded for a new award of attorney fees based on an apportionment of services, even though the will was found unambiguous.
• Jackam v. Hosp. Corp. OF Am. Mideast, Ltd.
  800 F.2d 1577· 11th Cir.· 1986-10-08 ·cited 70×
  The court held that the district court erred in dismissing the complaint for lack of personal jurisdiction and failure to state a claim, and that the plaintiffs should be allowed to conduct discovery on their agency and joint employer theories and to present parol evidence regard