Parol Evidence Rule

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

• Hennepin Paper Co. v. Fort Wayne Corrugated Paper Co.
  153 F.2d 822· 7th Cir.· 1946-02-25 ·cited 10×
  A party who has elected to sue on a written contract as executed, and proceeded to judgment, cannot thereafter bring a separate action to reform the contract, especially when reformation could have been sought in the original action.
• Thermopolis Nw. Elec. Co. v. Ireland
  119 F.2d 409· 10th Cir.· 1941-03-06 ·cited 10×
  The court held that the indemnity resolution was ambiguous and parol evidence was admissible to show the intent to indemnify Ireland against expenditures in pending and future suits, including settlements.
• Neill G. Wade v. Atl. Lumber Co.
  51 Fla. 638· Fla.· 1906-01-01 ·cited 10×
  The Florida Supreme Court upheld its prior decision invalidating a legislative act incorporating the Atlantic, Suwannee River and Gulf Railroad Company because the title as published in the legislative journals was too restrictive to give legislators proper notice of a land grant
• Norris v. Fellows H. Billingsley and John P. Billingsley
  48 Fla. 102· Fla.· 1904-06-01 ·cited 10×
  The Florida Supreme Court reversed a lower court's judgment in an ejectment action. The court found that the trial judge improperly instructed the jury that the defendant's possession was under the owner, and that a deed admitted into evidence was not properly acknowledged for re
• Leon v. Kerrison
  47 Fla. 178· Fla.· 1904-01-01 ·cited 10×
  Leon, Manier, and Gibbons appealed a judgment in a conversion and contract dispute involving the boat Artesia. The Florida Supreme Court reversed the lower court's judgment, finding that the trial court erred in admitting certain evidence and rejecting documentary evidence that w
• Branch v. Wilson
  12 Fla. 543· Fla.· 1868-01-01 ·cited 10×
  Franklin Branch and Edward A. Clark appealed a judgment against them on a promissory note for the sale of enslaved persons. The Florida Supreme Court reversed, finding that the jury disregarded testimony showing the seller agreed to deliver the enslaved persons at a future date a
• Nicola Herbst v. Herbst
  153 So. 3d 290· Fla. 2d DCA· 2014-10-01 ·cited 9×
  In this Florida family law case, the court reversed a trial court's termination of alimony upon the former wife's remarriage, holding that an unambiguous marital settlement agreement requiring nonmodifiable alimony payments for the former wife's lifetime controls over the statuto
• Branscombe v. Jupiter Harbour, LLC
  76 So. 3d 942· Fla. 4th DCA· 2011-09-28 ·cited 9×
  Parcel G owners appealed a declaratory judgment finding that Parcel F-2 owners possess an easement over Parcel G for accessing parking spaces and that any breach was cured. The court affirmed, holding that the parking agreement, when read as a whole with its parking lot plan and
• Simpson v. Simpson
  68 So. 3d 958· Fla. 4th DCA· 2011-08-24 ·cited 9×
  Deanna Simpson appealed a trial court order modifying Gregory Simpson's alimony obligations downward and denying her motion for civil contempt. The Fourth District Court of Appeal affirmed the denial of the contempt motion but reversed the alimony modification, finding the trial
• Jaffe v. Jaffe
  17 So. 3d 1251· Fla. 5th DCA· 2009-09-11 ·cited 9×
  Sally Lynn Jaffe appealed a trial court's denial of her motion for contempt and enforcement seeking reimbursement for child support expenses under a marital settlement agreement. The appellate court reversed in part, holding that certain education-related expenses (books, compute
• Jacoboni v. KPMG LLP
  314 F. Supp. 2d 1172· M.D. Fla.· 2004-03-11 ·cited 9×
  The Private Securities Litigation Reform Act (PSLRA) bars the entire Racketeer Influenced and Corrupt Organizations Act (RICO) claim because all alleged predicate acts were in connection with the purchase or sale of securities. The court also declined to exercise supplemental jur
• Stonely v. Moore
  851 So. 2d 905· Fla. 3d DCA· 2003-08-13 ·cited 9×
  Martin Stonely appeals a summary judgment dismissing his claims for constructive/resulting trust and accounting against Dana Moore and The Dexter Company. The appellate court reversed, holding that the trial court improperly granted summary judgment on counts not addressed in the
• Dirk Berkman v. Walt Foley and Mary Foley
  709 So. 2d 628· Fla. 4th DCA· 1998-04-15 ·cited 9×
  A Florida appellate court reversed a summary judgment in a mechanics lien foreclosure case, holding that an individual plaintiff with a valid contractor's license could not be bound by a prior judgment against an unlicensed corporate entity, and that ambiguities in the contract r
• Desrosiers v. Russell
  660 So. 2d 396· Fla. 2d DCA· 1995-09-15 ·cited 9×
  Appellants who were guarantors on a bank loan sought contribution from co-guarantors Russell and Keller after paying more than their proportionate share. The trial court erred in finding an oral agreement released Russell and Keller from liability under the written guaranties, an
• United States v. Garcia
  956 F.2d 41· 4th Cir.· 1992-01-31 ·cited 9×
  The court held that the government breached the plea agreement by requiring cooperation when the agreement, as memorialized in a cover letter, explicitly stated cooperation would not be required, and that resentencing was the appropriate remedy.
• Brennan v. Carvel Corp. & Raymond Urezzio
  929 F.2d 801· 1st Cir.· 1991-03-29 ·cited 9×
  The Court held that a prior deposit agreement constituted a separate, enforceable contract collateral to the franchise agreement, and that Carvel breached this contract by failing to select a suitable site; however, the judgment against Urezzio individually was reversed.
• Gen. Aviation, Inc. v. The Cessna Aircraft Co.
  915 F.2d 1038· 6th Cir.· 1990-10-03 ·cited 9×
  The court held that the "continuing relationship" clause did not override the explicit one-year term of the contract and that the parol evidence rule barred extrinsic evidence contradicting the written agreement. The court also found that aircraft are not motor vehicles under Mic
• Barnett Banks Tr. Co., N.A. v. Titusville Assocs., Ltd.
  569 So. 2d 458· Fla. 1st DCA· 1990-07-06 ·cited 9×
• Intercorp, Inc. v. Pennzoil Co.
  877 F.2d 1524· 11th Cir.· 1989-07-25 ·cited 9×
  The court held that the district court erred by submitting the issue of contract integration to the jury, rather than making a preliminary determination as required by the parol evidence rule.
• Catullo v. Metzner
  834 F.2d 1075· 1st Cir.· 1987-12-02 ·cited 9×
  The court held that the exclusion of evidence regarding the terms of a settlement agreement was reversible error, necessitating a new trial on certain claims, but affirmed the denial of attorney's fees.
• Universal Res. Corp. v. Panhandle E. Pipe Line Co.
  813 F.2d 77· 5th Cir.· 1987-03-31 ·cited 9×
  The court held that Panhandle's insecurity regarding future makeup gas was not reasonable, and the take-or-pay clause was unambiguous and enforceable.
• Gen. Motors Acceptance Corp. v. Marlar
  761 F.2d 1517· 11th Cir.· 1985-06-04 ·cited 9×
  The court affirmed the directed verdict for GMAC on the foreclosure claim, finding affirmative defenses barred by the parol evidence rule, and affirmed the jury's award on the counterclaim, finding GMAC could be liable under the Automobile Dealers Day in Court Act.
• Mitchell v. Thomas
  467 So. 2d 326· Fla. 2d DCA· 1985-02-15 ·cited 9×
  Rose Mitchell challenges a trial court judgment quieting title to real property in favor of Wayne Thomas. The court reversed, holding that a deed from Braxton to Thomas contained a patent ambiguity in its legal description (missing east and south boundary calls) that rendered it
• Talen's Landing, Inc. v. M/V Venture, II
  656 F.2d 1157· 5th Cir.· 1981-09-25 ·cited 9×
  The court affirmed the trial court's judgment, holding that meter tickets and invoices together constituted a contract and that piercing the corporate veil was appropriate due to the defendant's disregard for corporate formalities and siphoning of assets.
• Foliage Corp. OF Fla., Inc. v. Watson
  381 So. 2d 356· Fla. 5th DCA· 1980-03-26 ·cited 9×
  Foliage Corporation appealed a jury verdict awarding damages to lessors for waste and conversion of nursery stock plants. The appellate court reversed, holding that evidence of an alleged oral settlement agreement between the parties should have been admitted, and that the expert
• Vorzimer v. Kaplan
  362 So. 2d 451· Fla. 3d DCA· 1978-09-12 ·cited 9×
  Homeowners appealed a foreclosure judgment granting a builder's mechanic's lien for contract overages. The Florida appellate court reversed, finding the trial court made contradictory findings, improperly relied on an inadmitted deposition, and failed to establish a clear correla
• Gehrig v. RAY
  332 So. 2d 703· Fla. 1st DCA· 1976-06-07 ·cited 9×
  In this appeal from summary judgment on a promissory note, the court reversed, holding that the defendants' allegations of being accommodation makers and the accommodated party relationship raise genuine issues of material fact that preclude summary judgment, even though oral evi
• Battery S.S. Corp. v. Refineria Panama
  513 F.2d 735· 2d Cir.· 1975-04-07 ·cited 9×
  The court held that the district court erred in granting summary judgment because genuine issues of material fact existed regarding the integration of the contract and the meaning of the waiver clause, which should have been considered before applying the parol evidence rule.
• United States v. Miller Bros. Constr. Co.
  505 F.2d 1031· 10th Cir.· 1974-11-13 ·cited 9×
  The court held that the district court properly ordered foreclosure of federal tax liens against the property, finding the taxpayer to be the equitable owner and Rapidways' interest to be subordinate security. The court also affirmed the district court's procedural rulings regard
• Mason v. Edward S. Avdoyan in Bankr. of Fla. Pipe & Mfg. Co., Inc.
  299 So. 2d 603· Fla. 4th DCA· 1974-08-23 ·cited 9×
  A trustee in bankruptcy challenged a security agreement executed by a bankrupt corporation to one of its officers for failing to specify a maximum unpaid balance for future advances and for failing to create a lien on non-equipment collateral. The court held that the Uniform Comm
• Jacksonville Newspaper Printing Pressmen & Assistants' Union NO. 57 v. Fla. Publ'g Co.
  468 F.2d 824· 5th Cir.· 1972-10-26 ·cited 9×
  The court held that the interpretation of the collective bargaining agreement regarding arbitration board composition and the existence of a parol agreement are matters for the arbitration committee, not the court.
• In re Wolman v. Tose
  467 F.2d 29· 4th Cir.· 1972-09-07 ·cited 9×
  The court held that the condition for repurchasing assets was not met, rendering the transaction an absolute sale.
• Japanese Gardens Mobile Ests., Inc. v. Hunt
  261 So. 2d 193· Fla. 2d DCA· 1972-04-28 ·cited 9×
  Japanese Gardens Mobile Estates sought to foreclose a lien for unpaid increased assessments on appellees' mobile home lot. The trial court denied the lien, finding the increased assessment invalid, but the appellate court reversed, holding that the term "owner" in the deed restri
• The Lovable Co. v. Honeywell, Inc.
  431 F.2d 668· 5th Cir.· 1970-06-22 ·cited 9×
• Lloyd v. Murphy
  213 So. 2d 275· Fla. 3d DCA· 1968-08-13 ·cited 9×
  An insurance applicant sought to enforce an alleged oral contract with an insurance agent, claiming the agent's promise to insure him and acceptance of his premium payment created a binding policy. The court affirmed summary judgment for the insurer, holding that the parol eviden
• Sigurd Scholle v. Cuban-Venezuelan OIL Voting Tr.
  285 F.2d 318· 2d Cir.· 1960-12-16 ·cited 9×
  The court held that the plaintiff's evidence of intent and ability to perform was sufficient to send the case to the jury, and the trial court erred in directing a verdict for the defendant.
• Spencer v. Gomez
  114 Fla. 688· Fla.· 1934-05-05 ·cited 9×
  The Florida Supreme Court reversed a habeas corpus discharge where a defendant was held on an information that the county solicitor had marked filed but immediately withdrawn and kept in secret for five years before docketing. The court held that while an information valid on its
• Marion Mortg. Co. v. Howard
  100 Fla. 1418· Fla.· 1930-12-09 ·cited 9×
  Marion Mortgage Company (now the complainant) sought to foreclose on a permanent mortgage that purportedly covered both real estate and personal property (furniture and fixtures). The court held that Langford, as a second mortgagee, subordinated only his lien on the land to the c
• Walsh v. Walsh
  262 So. 3d 212· Fla. 5th DCA· 2018-12-14 ·cited 8×
  The term "periodic income" in the marital settlement agreement is ambiguous and susceptible to two reasonable interpretations, requiring extrinsic evidence to determine the parties' intent; the trial court erred in awarding the husband a credit for alimony overpayments without pr
• HHH Motors, LLP v. Holt
  152 So. 3d 745· Fla. 1st DCA· 2014-12-03 ·cited 8×
  The court held that a merger clause in a Retail Installment Sales Contract (RISC) superseded a prior Retail Purchase Agreement (RPA) containing an arbitration clause, thus no valid agreement to arbitrate existed.
• Roach v. Totalbank
  85 So. 3d 574· Fla. 4th DCA· 2012-04-25 ·cited 8×
  Personal guarantors appealed a summary judgment foreclosure and personal guarantee claim, arguing the trial court erred in striking their jurisdictional defenses and granting summary judgment when genuine issues of material fact existed regarding an alleged oral agreement to exte
• Barnwell v. Miami-Dade Cnty. Sch. Bd. & Gallagher Bassett
  48 So. 3d 144· Fla. 1st DCA· 2010-11-22 ·cited 8×
  A workers' compensation claimant appealed an order enforcing a settlement agreement reached at mediation with her employer, the Miami-Dade County School Board. The court reversed because the trial judge improperly excluded evidence regarding the comprehensive release agreement ma
• Lake Charleston Maint. Ass'n, Inc. v. Farrell
  16 So. 3d 182· Fla. 4th DCA· 2009-08-05 ·cited 8×
  The Lake Charleston Maintenance Association appealed a trial court's grant of an involuntary dismissal in a covenant enforcement action, where the defendant-homeowner challenged whether the Association presented a prima facie case that she painted her house without required archi
• Kamil F. Gowni v. Wasfi A. Makar
  940 So. 2d 1226· Fla. 5th DCA· 2006-11-03 ·cited 8×
  Kamil Gowni appeals a trial court order enforcing a settlement agreement and awarding attorney's fees, contending the court erred in finding joint and several liability between him and co-defendant Mansour. The court reverses, holding that the settlement agreement, read as a whol
• Langford v. Paravant, Inc.
  912 So. 2d 359· Fla. 5th DCA· 2005-10-07 ·cited 8×
  William Langford, a retired Army Colonel recruited by Paravant to help secure a military subcontract, was fired shortly after Paravant won a $300 million TRW subcontract and denied promised sales commissions. The court reversed summary judgment on the breach of contract claim, fi
• Luis Garcia & Enid Perez v. Tarmac Am. Inc.
  880 So. 2d 807· Fla. 5th DCA· 2004-08-13 ·cited 8×
  Garcia sued Tarmac American for injuries sustained on its premises, but Tarmac moved for summary judgment based on a release agreement Garcia had signed. The court affirmed summary judgment, holding that the release's language clearly encompassed all entities connected to Tarmac,
• Bayco Dev. Co. v. BAY Med. Ctr. & Delta Fla. Props.
  832 So. 2d 921· Fla. 1st DCA· 2002-12-19 ·cited 8×
  Bayco Development Company challenged summary judgment favoring Delta Florida Properties in a dispute over whether Delta, as purchaser of a nursing home facility, was required to assume Bayco's Patient Transfer Agreement with a third party. The court reversed, finding the purchase
• Pizza U.S.A. OF Pompano Inc. v. R/S Assocs. OF Fla.
  665 So. 2d 237· Fla. 4th DCA· 1995-08-23 ·cited 8×
  Pizza U.S.A. appeals an eviction judgment for nonpayment of rent in a commercial mall lease dispute. The court reverses the eviction, holding that paragraph 23.18 of the lease—which grants tenants a reasonable cure period after resolution of disputes—is a valid exercise of freedo
• Roschman P'rs v. S.K. P'rs I.
  627 So. 2d 2· Fla. 4th DCA· 1993-09-29 ·cited 8×
  Where a purchaser seeking to exercise a real estate option breaches a non-recordation clause but the breach is not material, and where compelling specific performance prevents inequitable forfeiture when the optionor would otherwise receive a windfall from appreciation realized t
• Herzog Contracting Corp. v. McGOWEN Corp.
  976 F.2d 1062· 7th Cir.· 1992-10-01 ·cited 8×
  A Rule 59(e) motion, even if labeled nunc pro tunc, tolls the time for appeal if it is substantive, and parol evidence is admissible to show a promissory note was a sham not intended to be enforceable.