Parol Evidence Rule

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

• Brown v. Bowie
  58 Fla. 199· Fla.· 1909-06-01 ·cited 18×
  Brown and Bowie were competitive bidders on a warehouse construction project who entered into a written agreement to award each other specified portions of work if either won the main contract. Bowie won the contract and a dispute arose over settlement calculations, with the tria
• Caruthers v. Williams
  21 Fla. 485· Fla.· 1885-06-01 ·cited 18×
  The court held that a transaction where one party advances money to purchase land for another, taking title as security, constitutes a resulting trust, not a sale, and is not barred by the Statute of Frauds. The case was remanded to settle accounts and execute a deed upon payment
• Riera v. Riera
  86 So. 3d 1163· Fla. 3d DCA· 2012-04-25 ·cited 17×
  A former husband appeals orders enforcing a marital settlement agreement requiring him to pay half of his adult son's college expenses at an out-of-state private university, and a contempt order for non-compliance. The court reverses both orders, finding the agreement contains a
• GE Fanuc Intelligent Platforms Embedded v. Brijot Imaging Sys., Inc.
  51 So. 3d 1243· Fla. 5th DCA· 2011-01-21 ·cited 17×
  GE Fanuc appeals a summary judgment in favor of Brijot in a breach of contract dispute over whether a release from GE extinguished GE's claims for an additional debt. The court reversed, finding that a latent ambiguity in the release language and a genuine dispute about whether G
• Kirsch v. Kirsch
  933 So. 2d 623· Fla. 4th DCA· 2006-06-28 ·cited 17×
  Frances Kirsch appeals a trial court order allowing her ex-husband to select a substitute mental health professional after the original therapist, Canoy Roberson, resigned. The Fourth District Court of Appeal reversed, holding that the mediation agreement contained a latent ambig
• Bucacci v. Boutin
  933 So. 2d 580· Fla. 3d DCA· 2006-06-14 ·cited 17×
  In this property dispute between unmarried cohabitants, the Florida District Court of Appeal affirmed the trial court's order to partition and sell a jointly-owned Miami-Dade residence but reversed the dismissal of Bucacci's equitable lien claim on Boutin's Monroe County property
• Barnett v. Destiny Owners Ass'n, Inc.
  856 So. 2d 1090· Fla. 1st DCA· 2003-10-17 ·cited 17×
  The court held that the provision in the Declaration regarding leasing was ambiguous and the trial court erred in excluding parol evidence.
• Bruce A. Ungerleider, M.D. v. Gordon
  214 F.3d 1279· 11th Cir.· 2000-06-13 ·cited 17×
  A physician investor sought to enforce an alleged oral agreement with a company chairman to receive additional stock shares as consideration for signing a written settlement agreement that explicitly stated it contained the entire understanding between the parties and that the in
• Citicorp Real Est., Inc. v. Ameripalms 6B GP, Inc.
  633 So. 2d 47· Fla. 3d DCA· 1994-02-08 ·cited 17×
  The court held that the parcel 6B contract and the promissory note, executed contemporaneously and concerning the same transaction, should be construed together to determine the payment terms.
• In re Est. OF Lettie v. Combee
  601 So. 2d 1165· Fla.· 1992-05-28 ·cited 17×
  The court held that dismissing a complaint as a discovery sanction for failing to complete a deposition due to severe, documented ill health, without a finding of willfulness or bad faith, was an abuse of discretion.
• Williams v. Jader Fuel Co., Inc.
  944 F.2d 1388· 7th Cir.· 1991-10-01 ·cited 17×
  The court held that the trial court erred in granting a directed verdict on the breach of contract claim and the willfulness claim, as there were triable issues of fact for the jury.
• The Lubrizol Corp. v. Exxon Corp.
  871 F.2d 1279· 5th Cir.· 1989-05-04 ·cited 17×
  The court held that the settlement agreement and claim preclusion barred Lubrizol's fraud claims against Exxon and its employees, but remanded for further factual development regarding GATES Data Center.
• Runnemede Owners, Inc. v. Crest Mortg. Corp. & Steven M. Rayman
  861 F.2d 1053· 7th Cir.· 1988-11-18 ·cited 17×
  A conditional commitment letter for a loan does not constitute a binding contract if it is subject to numerous conditions precedent that are not met, and oral assurances contradicting the written terms do not create a binding agreement or support a fraud claim when the party is e
• First State Ins. Co. v. Gen. Elec. Credit Auto Lease, Inc.
  518 So. 2d 927· Fla. 3d DCA· 1987-12-15 ·cited 17×
  First State Insurance Company appealed a summary judgment finding that it provided excess insurance coverage to General Electric Credit Auto Lease, Inc. The court affirmed, holding that the insurance policy's ambiguous excess coverage provisions could be clarified through parol e
• 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.
• Harris v. Sentry Title Co., Inc.
  715 F.2d 941· 5th Cir.· 1983-09-26 ·cited 17×
  The court held that the facts did not support the imposition of a constructive trust under Texas law because there was no prior, unrelated history of close dealings between the parties and no unjust enrichment.
• Bunnell Med. Clinic, P. A. v. Eduardo Barrera, M.D.
  419 So. 2d 681· Fla. 5th DCA· 1982-08-25 ·cited 17×
  This case involves a dispute over an employment contract where a medical clinic agreed to provide malpractice insurance for a physician. The court reversed a partial summary judgment, finding that a latent ambiguity in the contract regarding the application process for insurance
• Nanakuli Paving & Rock Co. v. Shell OIL Co., Inc.
  664 F.2d 772· 9th Cir.· 1981-12-21 ·cited 17×
• Ralph's Distrib. Co. v. AMF, Inc.
  667 F.2d 670· 8th Cir.· 1981-12-17 ·cited 17×
  The court held that evidence of course of performance and usage of trade was admissible to explain the franchise agreements' territorial designations and could create a genuine issue of material fact regarding an implied exclusivity term, precluding summary judgment.
• Grover W. Burgan & Am. Sportsman of N. Fla., Inc. v. The Pines Co. OF Ga., Ltd.
  382 So. 2d 1295· Fla. 1st DCA· 1980-04-22 ·cited 17×
  Parol evidence is admissible to determine whether multiple written contracts constitute a single integrated agreement, even when the individual contracts are facially unambiguous, if there is disagreement whether the writings represent the complete integration of the parties' con
• LEA Indus., Inc. v. Raelyn Int'l, Inc.
  363 So. 2d 49· Fla. 3d DCA· 1978-10-10 ·cited 17×
  LEA Industries appealed a judgment entered for defendants in a contract action involving unpaid furniture accounts. The court reversed, finding the trial court erred in excluding evidence under the parol evidence rule and statute of frauds, and holding that subsequent corresponde
• City OF Hollywood v. Zinkil
  283 So. 2d 581· Fla. 4th DCA· 1973-09-25 ·cited 17×
  The City of Hollywood appeals a final judgment finding it has no ownership interest in two oceanfront blocks of beach land (Block C and Block 205), which were instead held to belong to Hollywood, Inc. The appellate court reverses, finding the trial court erroneously excluded evid
• Gable v. Miller
  104 So. 2d 358· Fla.· 1958-07-09 ·cited 17×
  Anna Miller sued the estate of Dr. Nonie Gable for specific performance of an alleged oral contract to devise his home and contents to her in exchange for service as his housekeeper. The Florida Supreme Court reversed the lower court's grant of specific performance, holding that
• Blankenship v. Royalty Holding Co.
  202 F.2d 77· 10th Cir.· 1953-02-11 ·cited 17×
  The court held that a court record, clear and unchallenged for two years, cannot be set aside by oral testimony two years later, especially when the recollections do not clearly indicate the recorded judgment was erroneous.
• Firestone Serv. Stores, Inc. v. Wynn
  131 Fla. 94· Fla.· 1938-01-28 ·cited 17×
  The Home Insurance Company, suing on behalf of a car owner through subrogation, brought negligence action against Firestone Service Stores for damages to an automobile that fell from a pneumatic hoist. The Florida Supreme Court held that the insurance company could prove its righ
• Everglade Lumber Co. v. Nettleton Lumber Co.
  111 Fla. 333· Fla.· 1933-07-08 ·cited 17×
  Nettleton Lumber Company sued Everglade Lumber Company for recovery of the purchase price of lumber allegedly bargained, sold, and delivered. The trial judge directed a verdict for plaintiff on a second trial, but the Florida Supreme Court reversed, holding that delivery and acce
• Patrick v. Sears
  19 Fla. 856· Fla.· 1883-01-01 ·cited 17×
  Patrick agreed to sell Sears five acres of land near Kissimmee City for $100, with the specific acres to be selected by Sears's agent. The Florida Supreme Court reversed the lower court's denial of Patrick's demurrer, holding that the contract was too vague and uncertain to enfor
• 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.
• Crespo v. Crespo
  28 So. 3d 125· Fla. 4th DCA· 2010-02-03 ·cited 16×
  In a marital settlement agreement dispute, the Fourth District Court of Appeal affirmed the trial court's decision that an equitable distribution payment of $141,263.72 was not immediately due upon entry of judgment, but rather was contingent on the sale of real property that the
• B. Freeman Irby, M.D. v. Mem'l Healthcare Grp., Inc.
  901 So. 2d 305· Fla. 1st DCA· 2005-04-29 ·cited 16×
  An agreement to agree, lacking essential terms such as compensation and price, is not an enforceable contract.
• Caulkins Indiantown Citrus Co. v. Nevins Fruit Co., Inc.
  831 So. 2d 727· Fla. 4th DCA· 2002-11-13 ·cited 16×
  Citrus growers sued Caulkins Indiantown Citrus Company for breach of standard form fruit participation contracts, alleging Caulkins underpaid them by incorrectly calculating pool returns after a 1988 change in ownership. The Fourth District Court of Appeal affirmed the jury verdi
• Plumpton v. Cont'l Acreage Dev. Co., Inc.
  830 So. 2d 208· Fla. 5th DCA· 2002-11-08 ·cited 16×
  The Plumptons appeal a summary judgment in favor of Continental Acreage Development Company, which found that a general release executed by Dorothy Jasperson in a separate litigation barred the Plumptons' breach of contract claims. The court held that the release's broad language
• Senn v. United Dominion Indus.
  951 F.2d 806· 7th Cir.· 1992-01-08 ·cited 16×
• Eric C. Rajala in Bankr. for Gen. Poly Corp. v. Allied Corp.
  919 F.2d 610· 10th Cir.· 1990-11-02 ·cited 16×
  The court held that the evidence was insufficient to establish a fiduciary relationship between the parties because there was no conscious assumption of fiduciary duties by the defendant.
• State v. Sarasota Cnty.
  549 So. 2d 659· Fla.· 1989-09-28 ·cited 16×
  A county charter provision requiring voter approval for bond issues exceeding $10,000,000 secured by 'tax revenues' applies to gas taxes, not just ad valorem taxes.
• In re Navigation Tech. Corp. v. Raytheon Co.
  880 F.2d 1491· 1st Cir.· 1989-08-01 ·cited 16×
  The court held that the bankruptcy trustee has standing to pursue royalty claims based on the debtor's residual interest in contract rights assigned as security, and that the license agreement was ambiguous regarding the deduction of component costs from the royalty base.
• In re Est. OF C.J. Lenahan v. Lenahan
  511 So. 2d 365· Fla. 1st DCA· 1987-07-10 ·cited 16×
  This case concerns the construction of a will to determine whether a marital deduction trust established for the testator's wife was liable for payment of federal and state estate taxes. The trial court held that the marital deduction trust was responsible for paying estate taxes
• United States v. Martel
  792 F.2d 630· 7th Cir.· 1986-06-05 ·cited 16×
  The court affirmed convictions, holding that evidentiary rulings were not abuses of discretion, prosecutorial conduct was harmless error or waived, and the trial court properly handled jury instructions and questions.
• Proyecfin de Venezuela, S.A. v. Banco Indus. de Venezuela, S.A.
  760 F.2d 390· 2d Cir.· 1985-04-04 ·cited 16×
  The court held that the defendant, an instrumentality of a foreign sovereign, waived its sovereign immunity and consented to litigate in New York, and that a forum selection clause does not waive the right to remove an action to federal court under the Foreign Sovereign Immunitie
• Hopper Furs, Inc. v. Emery AIR Freight Corp.
  749 F.2d 1261· 8th Cir.· 1984-12-13 ·cited 16×
  The court held that a valid written contract existed, limiting the carrier's liability to the amount specified in the contract, and that a unilateral mistake by the shipper did not invalidate the contract or allow for parol evidence to alter its terms.
• Am. Anodco, Inc. v. Reynolds Metals Co.
  743 F.2d 417· 6th Cir.· 1984-09-12 ·cited 16×
  The dissenting judge believes the cancellation clause gave Reynolds the right to terminate the contract and that Reynolds did not waive reliance on it.
• 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.
• Sonia Uransky in Bankruptcy of Dean Barnard v. First Fed. Sav. & Loan Ass'n OF Fort Myers
  684 F.2d 750· 11th Cir.· 1982-08-30 ·cited 16×
  A mortgage's future advances clause secures a subsequent note when the note explicitly states it is secured by the mortgage, even if the debts are not of the same kind or class.
• Cti-Container Leasing Corp. v. Oceanic Operations Corp.
  682 F.2d 377· 2d Cir.· 1982-06-28 ·cited 16×
  A lease of cargo shipping containers for use on a ship is a maritime contract, and an agent signing such a contract in its own name cannot introduce extrinsic evidence to avoid liability.
• Royal Cont'l Hotels, Inc. v. Broward Vending, Inc.
  404 So. 2d 782· Fla. 4th DCA· 1981-09-30 ·cited 16×
  Royal Continental Hotels breached a vending machine contract with Broward Vending by attempting to cancel during the first year, contrary to the parties' agreement that the contract had a five-year minimum term. The trial court found the cancellation clause ambiguous and admitted
• Vicon, Inc. v. CMI Corp.
  657 F.2d 768· 5th Cir.· 1981-09-30 ·cited 16×
  The court held that the district court did not err in applying Tennessee law to the misrepresentation claim, finding sufficient evidence of misrepresentation and damages, and did not abuse its discretion in denying the Rule 60(b) motion or prejudgment interest.
• N. K. Parrish, Inc. v. Sw. Beef Indus. Corp.
  638 F.2d 1366· 5th Cir.· 1981-03-13 ·cited 16×
  The court held that the appellant was bound by its decision to appeal only a portion of the judgment, thus waiving the right to elect to pursue the undisclosed principal on appeal.
• Davis v. Fisher
  391 So. 2d 810· Fla. 5th DCA· 1980-12-31 ·cited 16×
  In a marriage dissolution case, the appellate court reversed two trial court orders that modified child support provisions. The court held that a new trial judge lacked authority to reopen and modify a final judgment from the original trial, and that reducing child support as a s
• Rodeway Inns OF Am. v. Alpaugh
  390 So. 2d 370· Fla. 2d DCA· 1980-10-10 ·cited 16×
  Rodeway Inns appeals a judgment requiring it to pay mortgage installments on leased property even after the lessor terminated the lease and repossessed the premises. The court affirms, holding that the explicit lease language requiring Rodeway to continue mortgage payments surviv
• Johnston v. Holiday Inns, Inc.
  565 F.2d 790· 1st Cir.· 1977-11-15 ·cited 16×
  The court held that the trial court did not err in submitting issues of contract formation, modification under the Statute of Frauds, and novation to the jury, and that the jury instructions were proper.