Parol Evidence Rule

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

• Ariz. Power Corp. v. Smith
  119 F.2d 888· 9th Cir.· 1941-05-23 ·cited 8×
  The court held that the removal of personal property constituted conversion, but there was insufficient evidence to support damages for injury to real property.
• Wicoma Inv. Co. & John Adamson v. Pridgeon
  137 Fla. 540· Fla.· 1939-05-05 ·cited 8×
  Wicoma Investment Company and John Adamson improperly sued out a distress warrant against tenant J. W. Pridgeon over a disputed tobacco crop division, and Pridgeon recovered damages. The Florida Supreme Court affirmed the judgment, holding that parol testimony regarding the tobac
• Peplax Med. Co. v. Tampa Drug Co.
  88 Fla. 473· Fla.· 1924-12-17 ·cited 8×
  Peplax Medicine Company sued Tampa Drug Company for breach of contract involving the sale of pepsinol, a patent medicine. The Florida Supreme Court reversed a judgment for the defendant, holding that the written purchase orders, when accepted and fulfilled, constituted a complete
• Key v. Moore
  78 Fla. 205· Fla.· 1919-07-30 ·cited 8×
  In this contract dispute, the Florida Supreme Court affirmed a jury verdict for the plaintiff finding that a written agreement constituted a consummated contract for the sale of property, rejecting the defendant's arguments that the agreement was merely an offer and that the cour
• Waters v. S. Asphalt & Constr. Co.
  67 Fla. 440· Fla.· 1914-05-11 ·cited 8×
  The Florida Supreme Court affirmed a lower court's judgment for the defendant in a contract dispute over hauling brick. The court found that evidence regarding the payment method, though not explicitly in the written contract, was admissible and supported the jury's verdict.
• J. B. Wofford and Others v. Dykes
  67 Fla. 118· Fla.· 1914-02-11 ·cited 8×
  The Florida Supreme Court reversed an order sustaining exceptions for impertinence to the appellee's answer in a suit to cancel a cloud on title to a ten-foot right of way. The court held that various defenses pleaded by the appellee, including the statute of limitations and issu
• McNair & Wade Land Co. v. Parker
  64 Fla. 371· Fla.· 1912-06-01 ·cited 8×
  The Florida Supreme Court affirmed a decree forfeiting timber rights conveyed by warranty deed when the grantee failed to exercise those rights within a reasonable time. The court held that timber deeds, though absolute in form, carry an implied condition requiring use within a r
• McLeod v. The Citizens Bank of Live Oak
  61 Fla. 343· Fla.· 1911-01-01 ·cited 8×
  A furniture company owner appeals a referee's judgment in favor of a bank on a promissory note for $1,500, arguing that a counterclaim for unpaid bank stock should have been credited against the debt. The Supreme Court of Florida affirmed, holding that the defendant failed to pro
• Porter v. The Sims Co. Ltd.
  55 Fla. 504· Fla.· 1908-01-01 ·cited 8×
  The Sims Company sued Live Oak Manufacturing Company for the contract price of five boiler cleaners sold on a trial basis with a 60-day testing period from arrival. The Florida Supreme Court affirmed the trial court's judgment for the plaintiff, holding that the defendants were b
• Weeks v. Hays
  55 Fla. 370· Fla.· 1908-01-01 ·cited 8×
  The Florida Supreme Court affirmed a lower court's judgment in a replevin action. The appellate court held that the plaintiff failed to properly preserve for review the exclusion of evidence regarding a written agreement, and therefore, the referee's findings of fact were not err
• Otis v. McCaskill
  51 Fla. 516· Fla.· 1906-01-01 ·cited 8×
  S. Otis and Frances E. Otis appealed a decree enforcing a mortgage lien held by J. J. McCaskill & Company for a shingle mill purchase. The Florida Supreme Court reversed, holding that the defendants adequately pleaded and proved partial failure of consideration—that the mill deli
• Frank P. Gale et ux. v. Harby
  20 Fla. 171· Fla.· 1883-06-01 ·cited 8×
  This case involves a dispute over Madison County, Florida land purchased in 1856 by A.A. and Joseph L. Griffin. The core issue is whether the land was purchased with trust funds belonging to their mother Rachel Griffin (under the will of Andrew Hampton) and held in trust for the
• Martin v. The Pensacola & Ga. R.R. Co.
  8 Fla. 370· Fla.· 1859-01-01 ·cited 8×
  The Florida Supreme Court upheld a judgment requiring a railroad stockholder to pay his assessment on stock subscriptions. The court held that when a corporation makes material alterations to its charter through actions of the majority stockholders, individual shareholders are pr
• White v. Fort Myers Beach Fire Control Dist.
  302 So. 3d 1064· Fla. 2d DCA· 2020-09-04 ·cited 7×
  Darren White, a fire chief employed by Fort Myers Beach Fire Control District, appeals a summary judgment in favor of the District on his claims for breach of contract, breach of the implied covenant of good faith and fair dealing, reformation, and negligent misrepresentation. Th
• Darby Elizabeth Suess v. Suess
  289 So. 3d 525· Fla. 2d DCA· 2019-12-20 ·cited 7×
  The appellate court reversed a trial court's post-dissolution order regarding a marital settlement agreement (MSA). The court found the trial court erred in limiting the former wife's entitlement to retirement benefits to only those accrued during the marriage and in determining
• B & G Aventura, LLC v. G-Site Ltd. P'ship
  97 So. 3d 308· Fla. 3d DCA· 2012-09-12 ·cited 7×
  A condo purchaser who signed a detailed written contract disclaiming oral representations about views sued the developer after discovering the unit's marina view was obstructed. The court affirmed summary judgment for the developer, holding that the comprehensive written contract
• Hall v. Maal
  32 So. 3d 682· Fla. 1st DCA· 2010-03-30 ·cited 7×
  The Florida Court of Appeal held that a couple who participated in a full wedding ceremony without obtaining a marriage license beforehand did not create a valid marriage, even though they later obtained a license a year after the ceremony. The court ruled that Florida's statutor
• Syverson v. Jones
  10 So. 3d 1123· Fla. 1st DCA· 2009-04-24 ·cited 7×
  The court held that the trial court erred in finding latent ambiguities in the prenuptial agreement and in awarding Husband credit for certain marital home expenses and capital improvements.
• Pavolini v. Williams
  915 So. 2d 251· Fla. 5th DCA· 2005-12-02 ·cited 7×
  Borrowers appealed a summary judgment foreclosure entered against them after the trial court struck their affirmative defenses without explanation. The Fifth District reversed, holding that the lenders failed to conclusively refute the borrowers' affirmative defenses of waiver, e
• Essex Ins. Co. v. Simpler
  911 So. 2d 794· Fla. 1st DCA· 2004-12-29 ·cited 7×
  The trial court erred in using parol evidence and the doctrine of estoppel to find insurance coverage where the policy was unambiguous and did not provide such coverage.
• Thrasher v. Arida
  858 So. 2d 1173· Fla. 2d DCA· 2003-11-07 ·cited 7×
  Vivian Thrasher appeals a quiet title judgment determining that a 1969 warranty deed conveyed fee simple title to a 50-foot strip of land (Parcel Two) to the Schomburgs, rather than merely an easement. The court reverses, finding a latent ambiguity in the deed's language and stru
• Giallo v. NEW Piper Aircraft, Inc.
  855 So. 2d 1273· Fla. 4th DCA· 2003-10-15 ·cited 7×
  A party cannot recover for fraudulent oral representations contradicted by a later written agreement, and revocation of acceptance is unavailable when a contract disclaims all warranties and sells the item 'as is'.
• Del-Rena, Inc. v. KFM, Inc.
  789 So. 2d 397· Fla. 4th DCA· 2001-05-30 ·cited 7×
  Appellants waived their right to a jury trial by consenting to a non-jury trial in their pretrial stipulation and participating in the bench trial without objection.
• Schroeder v. Johnson
  696 So. 2d 498· Fla. 5th DCA· 1997-07-03 ·cited 7×
  Joyce Johnson sought a declaratory judgment that a lease with the Eleanor C. Russell Inter Vivos Trust provided for perpetual renewals based on a paragraph granting successive five-year extension rights. The court held that absent unambiguous language explicitly providing for per
• Tampa Pipeline Transp. Co. v. Chase Manhattan Serv. Corp.
  928 F. Supp. 1568· M.D. Fla.· 1995-03-27 ·cited 7×
  The court held that the defendant breached the agreement to assign promissory notes by failing to deliver them, but the plaintiffs could not recover full benefit-of-the-bargain damages due to failure to mitigate.
• Fairfield 274-278 Clarendon Tr. v. Dwek
  970 F.2d 990· 1st Cir.· 1992-07-30 ·cited 7×
  The court held that the liquidated damages provision in an unambiguous contract is enforceable even if the buyer breaches the deposit provision, and that the trial court did not err in excluding the buyer's deposition or in its jury instructions and evidentiary rulings.
• Tampa Bay Econ. Dev. Corp. v. Edman
  598 So. 2d 172· Fla. 2d DCA· 1992-04-29 ·cited 7×
  Tampa Bay Economic Development Corporation sought to enforce a promissory note against Stephen Edman, the corporate secretary, arguing he was personally liable on a loan made to Producers Group. The Florida appellate court reversed the trial court's finding of ambiguity in the no
• United States Fire Ins. Co. v. Gen. Reinsurance Corp.
  949 F.2d 569· 2d Cir.· 1991-11-15 ·cited 7×
  The court held that the General Re Certificate of Reinsurance is ambiguous and that extrinsic evidence demonstrates the Hospital's General Re malpractice coverage did not incept until after the Hospital had exhausted the aggregate limit of its primary insurer.
• Royal Dev. & Mgmt. Corp. v. Guardian 50/50 Fund V, Ltd.
  583 So. 2d 403· Fla. 3d DCA· 1991-07-30 ·cited 7×
  The court held that a party who assumes to act as a corporation without knowledge of its non-incorporation is personally liable for debts incurred, and that the 'time is of the essence' clause did not apply to a separate addendum regarding debris removal.
• Montgomery Ward Dev. Corp. v. Juster
  932 F.2d 1378· 11th Cir.· 1991-06-07 ·cited 7×
  The court held that the claim for reformation of contract was a compulsory counterclaim barred by prior state court litigation, but remanded for a determination of whether appellant Weigel was barred by the doctrine of lis pendens.
• SUN Bank/Miami, N.A. v. Saewitz
  579 So. 2d 255· Fla. 3d DCA· 1991-04-30 ·cited 7×
  The Dead Man's Statute, as amended, does not preclude testimony by interested parties regarding written transactions or the execution and negotiation of a check, only regarding oral communications with the deceased.
• Cascade Energy & Metals Corp. v. Jeffrey G. Banks
  896 F.2d 1557· 10th Cir.· 1990-02-16 ·cited 7×
  The court held that the Joint Operating Agreement did not permit cash assessments beyond the initial development loan and that Weston and Cascade breached their fiduciary duties by concealing project infeasibility and attempting to impose such assessments. The court also affirmed
• Sierra Diesel Injection Serv., Inc. v. Burroughs Corp., Inc.
  890 F.2d 108· 9th Cir.· 1989-05-09 ·cited 7×
  The court held that the disclaimers of implied warranties in the software and hardware agreements were conspicuous. Therefore, the buyer could not recover damages for breach of implied warranty.
• One-O-One Enters., Inc. v. Caruso
  848 F.2d 1283· D.C. Cir.· 1988-06-07 ·cited 7×
  The court held that plaintiffs' fraud claims failed due to unreasonable reliance on prior representations superseded by an integration clause, and that while the stock option was a security, this did not alter the dismissal of the securities fraud claim.
• Seattle Totems Hockey Club, Inc. v. The Nat'l Hockey League
  783 F.2d 1347· 9th Cir.· 1986-02-28 ·cited 7×
  The court held that the Totems failed to establish antitrust injury from the NHL's denial of a franchise or opportunity to join the WHA, and that Northwest Sports could recover under the 1972 agreement for player development costs, but the 1974 agreement was effective upon the an
• Ohanian v. AVIS Rent A CAR Sys., Inc.
  779 F.2d 101· 2d Cir.· 1985-11-25 ·cited 7×
  An oral employment contract for lifetime employment, terminable for 'just cause' that does not require employee breach, is not barred by the Statute of Frauds and can be enforced.
• Growth Leasing, Ltd. v. Gulfview Advertiser, Inc.
  448 So. 2d 1224· Fla. 2d DCA· 1984-04-25 ·cited 7×
  A lease agreement is a true lease, not a usurious financing arrangement, if the lessee has no option to purchase the property at the end of the lease term.
• Sherman v. Mut. Benefit Life INS. Co.
  633 F.2d 782· 9th Cir.· 1980-10-23 ·cited 7×
  The court held that extrinsic evidence is admissible to interpret a contract's termination clause if the language is reasonably susceptible to the offered meaning, and that parol evidence is admissible to show fraud even in an integrated agreement if it does not directly contradi
• Placet, Inc. v. Ashton
  368 So. 2d 404· Fla. 3d DCA· 1979-02-27 ·cited 7×
  Placet, Inc., Esser, and Jensen appeal a judgment requiring them to pay Ashton $92,000 plus interest on a promissory note for the sale of his stock, and Ashton cross-appeals for additional damages under the employment agreement. The court affirms the personal liability of Esser a
• Burleson v. Brogdon
  364 So. 2d 491· Fla. 1st DCA· 1978-10-17 ·cited 7×
  W. W. Burleson appeals a judgment quieting title in favor of Brogdon and reforming a 1973 deed. The court reverses, holding that Burleson qualifies as a bona fide purchaser for value without notice and therefore cannot be subject to reformation sought by Brogdon, Burleson's remot
• Venusa Dev. Corp. v. Se. Mortg. Co.
  297 So. 2d 86· Fla. 3d DCA· 1974-06-26 ·cited 7×
  Venusa Development Corporation appeals the trial court's order striking its affirmative defenses based on alleged oral agreements to exclude certain submerged lands from a mortgage foreclosure. The court affirms the application of the parol evidence rule, holding that the defense
• Cent. Mut. Ins. Co. v. Cropper
  296 So. 2d 69· Fla. 2d DCA· 1974-06-19 ·cited 7×
  The court affirmed a summary judgment for the insured's administratrix, holding that the insurer failed to prove that the insured's misrepresentations about his heart condition were fraudulent or material to the acceptance of the risk or the hazard assumed.
• Scheurer v. Mrs. P. Y. Tomberlin and Mrs. Helen Adeeb
  240 So. 2d 172· Fla. 1st DCA· 1970-10-22 ·cited 7×
  Charles Scheurer challenges a trial court's construction of his deceased wife's will, which created a testamentary trust for 'grandchildren' when the decedent had none by blood or adoption. The court held that a latent ambiguity existed, permitting extrinsic evidence to show the
• Zavota v. Ocean Accident & Guar. Corp. Ltd.
  408 F.2d 940· 1st Cir.· 1969-04-04 ·cited 7×
  The court held that the M&C policy covered Louis Zavota when acting within the scope of his duties as an officer, and that parol evidence was inadmissible to exclude coverage under the automobile policy.
• Lamb v. William T. Jones et ux.
  202 So. 2d 810· Fla. 3d DCA· 1967-09-19 ·cited 7×
  Sara Jones Lamb appeals from a judgment awarding her brother, attorney William T. Jones, $750,000 in attorney's fees for services rendered as her legal advisor and trustee. The court affirms the decree regarding the family home but reverses and remands the fee award, finding the
• Fla. Cap. Corp. v. Robert J. Bissett Constr., Inc.
  167 So. 2d 595· Fla. 2d DCA· 1964-08-14 ·cited 7×
  Florida Capital Corporation appeals a jury verdict awarding Bissett Construction $15,202.40 for breach of an alleged oral promise to procure construction financing. The court upheld the jury's finding that an oral agreement to obtain construction funds was a binding condition pre
• Clark v. Symonette Shipyards, Ltd.
  330 F.2d 554· 5th Cir.· 1964-03-19 ·cited 7×
  The court held that individuals injured while unloading a vessel, even if not formal crew members, are entitled to the protection of the seaworthiness doctrine. The trial court's finding of sole causation by the plaintiffs' negligence was reversed and remanded for reconsideration
• Olin's, Inc. v. AVIS Rental CAR Sys. OF Fla., Inc.
  141 So. 2d 609· Fla. 3d DCA· 1962-05-22 ·cited 7×
  Olin's appeals a directed verdict on liability in a breach of contract case where Avis sought declaratory relief and damages under an agency agreement. The Third District Court of Appeal reversed, holding that the trial judge erred in directing a verdict on liability because conf
• Petrus v. Bunnell
  129 So. 2d 702· Fla. 2d DCA· 1961-04-14 ·cited 7×
  A contractor sued homeowners for the final payment on a construction contract based on cost-plus-ten-percent terms. The trial court admitted parol evidence showing the homeowners had stressed a $30,000 cost limit during negotiations, and ruled in favor of the homeowners. The appe
• Shelby v. Tex. Improvement Loan Co. & Home Improvement Loan Co.
  280 F.2d 349· 5th Cir.· 1960-06-30 ·cited 7×
  A bankrupt should not be denied a discharge based on a financial statement if the statement's inaccuracies were based on reasonable grounds and a good faith belief in their correctness, even if hindsight reveals overoptimism.