Parol Evidence Rule

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

• Chatelier v. Robertson
  118 So. 2d 241· Fla. 2d DCA· 1960-02-24 ·cited 7×
  The court reversed a trial court's dismissal of a breach of contract action brought by an employee against a business owner's estate. Chatelier sold his manufacturing business and agreed to serve as supervisor in exchange for salary and royalties, but was dismissed after five yea
• Craig Funeral Home, Inc. v. State Farm Mut. Auto. Ins. Co.
  254 F.2d 569· 5th Cir.· 1958-04-24 ·cited 7×
  The court held that the policy's language regarding passenger carrying incidental to the insured's business should be interpreted broadly to encompass uses within the scope of the specific insured's business, not just abstractly related to the named business type.
• Hood v. Hood
  100 So. 2d 422· Fla. 2d DCA· 1958-02-05 ·cited 7×
  In this family law appeal, the Florida District Court of Appeal held that a physician's creation of a professional medical clinic and contracts transferring his income-producing assets to the clinic violated his former wife's alimony rights under their divorce settlement agreemen
• Lobel v. Am. Airlines, Inc.
  205 F.2d 927· 2d Cir.· 1953-07-13 ·cited 7×
  The court held that the trial court did not err in excluding certain testimony and evidence, as the alleged errors did not cast doubt on the trial's fairness or require upsetting the verdict.
• Hines v. Ward Baking Co.
  155 F.2d 257· 7th Cir.· 1946-05-03 ·cited 7×
  A modified employment contract, where the parties fully perform the agreement to accept lesser compensation for future services, is valid and enforceable even without new consideration.
• Folks v. Chesser
  106 Fla. 836· Fla.· 1932-09-29 ·cited 7×
  In this ejectment action, the Florida Supreme Court held that a plaintiff cannot introduce parol evidence to prove a deed absolute in form is actually a mortgage without first pleading an equitable replication, even though such evidence would be admissible if properly pleaded. Th
• Cox v. State
  87 Fla. 79· Fla.· 1924-02-01 ·cited 7×
  Cox and Bryant were convicted of willfully and maliciously burning a dwelling house. The Florida Supreme Court reversed their conviction because the trial court erroneously excluded evidence of a verbal agreement to sell the property, which was material to proving the building wa
• LaFayette Land Co. v. Caswell
  59 Fla. 544· Fla.· 1910-01-01 ·cited 7×
  LaFayette Land Company appealed the Circuit Court's overruling of its demurrer to an equitable action by Caswell & Knight to remove clouds on their timber title and enjoin trespass. The Florida Supreme Court affirmed, holding that a deed made to a firm by its firm name without in
• Ingram v. The Jacksonville St. R.R. Co.
  43 Fla. 324· Fla.· 1901-06-01 ·cited 7×
  The Florida Supreme Court reversed a judgment entered on a demurrer to evidence in a personal injury case involving a streetcar accident, holding that the demurrer was improperly framed because the evidence presented was loose and indeterminate rather than certain and definite fa
• Greeley v. DeCottes
  24 Fla. 475· Fla.· 1888-06-01 ·cited 7×
  Greeley and other landowners sought equitable reformation of a mortgage deed that contained a misdescription omitting two courses and distances, which was subsequently foreclosed and conveyed through multiple parties to the complainants. The Florida Supreme Court held that courts
• Residential v. Prospect Park Dev.
  336 So. 3d 807· Fla. 2d DCA· 2022-03-25 ·cited 6×
  The appellate court reversed the dismissal of fraud claims, holding that a contract's general disclaimers of representations and reliance were insufficient to waive fraud liability under Florida Supreme Court precedent. The court clarified that to preclude fraud claims, a contrac
• Farrey's Wholesale Hardware Co., Inc. v. Coltin Elec. Servs., LLC
  263 So. 3d 168· Fla. 2d DCA· 2018-12-28 ·cited 6×
  Farrey's Wholesale Hardware Co. appealed three consolidated proceedings challenging a trial court's entry of partial summary judgment in favor of Coltin Electrical Services on Farrey's construction lien claim and Coltin's counterclaim that the lien was fraudulent. The Florida Dis
• Vazquez Calderon v. Vazquez
  251 So. 3d 303· Fla. 3d DCA· 2018-07-11 ·cited 6×
  An oral trust or equitable lien may be imposed on life insurance proceeds received by a designated beneficiary when clear and convincing evidence shows the insured intended the proceeds to be held in trust for another's benefit, and such a trust need not strictly comply with poli
• City of Clearwater v. Bayesplanade.com, LLC.
  251 So. 3d 249· Fla. 2d DCA· 2018-06-22 ·cited 6×
  The 1934 quitclaim deed from the Clearwater Island Bridge Company to the City of Clearwater unambiguously conveyed all lands, including submerged lands, within the boundaries described in the deed extending eastwardly to the Channel of Clearwater Harbor. The trial court erred in
• Lentz v. Cmty. Bank OF Fla., Inc.
  189 So. 3d 882· Fla. 3d DCA· 2016-03-09 ·cited 6×
  The Lentzes and Marcos appealed a foreclosure judgment after the trial court denied their motion to enforce a mediated settlement agreement (MSA) with Community Bank. The Third District Court of Appeal reversed, holding that the Bank materially breached the MSA by conditioning th
• Kobi Karp Architecture & Interior Design, Inc. v. Charms 63 Nobe, LLC
  166 So. 3d 916· Fla. 3d DCA· 2015-06-17 ·cited 6×
  Kobi Karp Architecture sought certiorari to quash a discovery order compelling six of its clients to produce contracts and communications with Kobi Karp. The Florida appellate court granted the petition, finding the discovery order caused irreparable harm by requiring production
• Ostrow v. Globecast Am. Inc.
  825 F. Supp. 2d 1267· S.D. Fla.· 2011-10-18 ·cited 6×
  The court granted motions to exclude evidence of settlement negotiations and discrimination against other employees, denied motions to exclude parol evidence and evidence of past severance practices, and deferred ruling on excluding a third-party settlement agreement.
• Barrington v. Gryphon Invs., Inc.
  32 So. 3d 668· Fla. 2d DCA· 2010-03-12 ·cited 6×
  Real estate agents appealed summary judgment in favor of their brokerage on a dispute over post-termination commission deductions. The court reversed, finding a latent ambiguity in the contract's 25% commission retention clause based on evidence the brokerage had not consistently
• Metro Dev. Grp., L.L.C. v. 3D-C & C, Inc.
  941 So. 2d 11· Fla. 2d DCA· 2006-08-04 ·cited 6×
  Metro Development Group appeals a summary judgment ruling that it forfeited an option to purchase real property by failing to make a required extension payment by the deadline—the 45th day after the contract's effective date, which fell on a Saturday. The appellate court affirmed
• Behrman v. Allstate Life Ins.
  388 F. Supp. 2d 1346· S.D. Fla.· 2005-09-07 ·cited 6×
  The court held that the plaintiff's tort claims are barred by the economic loss rule, negligent hiring claims fail for lack of an employer-employee relationship, omission claims fail for lack of a duty of disclosure, and breach of contract claims fail due to the parol evidence ru
• DSL Internet Corp. v. Tigerdirect, Inc.
  907 So. 2d 1203· Fla. 3d DCA· 2005-06-08 ·cited 6×
  DSL Internet Corporation appealed a trial court judgment awarding TigerDirect $15,210 plus interest and attorney's fees under a disputed marketing agreement. The court affirmed, finding that parol evidence demonstrated the parties' shared intent that the agreement covered three m
• DiMASE v. Aquamar 176, Inc.
  835 So. 2d 1150· Fla. 3d DCA· 2002-05-29 ·cited 6×
  Prospective condominium buyers appeal a summary judgment affirming that they are bound by their purchase agreements despite disagreement with the seller over marble flooring specifications. The court holds that the purchase agreements are final, binding contracts and that disagre
• A & B Disc. Lumber & Supply, Inc. v. Mitchell
  799 So. 2d 301· Fla. 5th DCA· 2001-10-05 ·cited 6×
  A & B Discount Lumber & Supply appeals a summary judgment in favor of mortgage holder James R. Mitchell in a foreclosure action. The court affirmed the summary judgment, rejecting all of A & B's affirmative defenses to the foreclosure, but reversed the dismissal of A & B's counte
• Edwards v. Norman
  780 So. 2d 162· Fla. 2d DCA· 2001-01-12 ·cited 6×
  Rosa Edwards appeals summary judgment dismissing her personal injury claim after she accepted a settlement check for property damage with a release document. The court reversed, holding that parol evidence regarding alleged misrepresentations about the scope of the release must b
• Vencor Hosps. S., Inc. v. Blue Cross & Blue Shield of R.I.
  86 F. Supp. 2d 1155· S.D. Fla.· 2000-03-06 ·cited 6×
  The court held that the Outline of Coverage is not part of the insurance contract and that 'health care expenses' refers to the costs of treatment, not the types of treatment. Promissory estoppel claims also failed.
• Berry v. Teves
  752 So. 2d 112· Fla. 2d DCA· 2000-03-03 ·cited 6×
  The court held that a latent ambiguity existed in the restrictive covenants regarding short-term rentals, precluding summary judgment.
• Allapattah Servs., Inc. v. Exxon Corp.
  61 F. Supp. 2d 1300· S.D. Fla.· 1999-07-01 ·cited 6×
  Extrinsic evidence is admissible to explain or supplement a contract's terms, particularly regarding the implied covenant of good faith and open price terms, under the Uniform Commercial Code.
• Copeland D. Newbern v. Am. Plasticraft, Inc.
  721 So. 2d 351· Fla. 2d DCA· 1998-10-23 ·cited 6×
  The court held that the trial court erred in admitting parol evidence to link the unambiguous purchase agreement with the ambiguous profits agreement, as they involved different parties and consideration.
• VLX Props., Inc. v. S. States Utils., Inc.
  701 So. 2d 391· Fla. 5th DCA· 1997-11-07 ·cited 6×
  VLX Properties appeals a trial court judgment denying its inverse condemnation claim against Southern States Utilities for unauthorized discharge of reclaimed water into a jointly-owned pond. The court reversed on the pond issue, finding VLX stated a cognizable inverse condemnati
• Espinosa v. State
  688 So. 2d 1016· Fla. 3d DCA· 1997-03-05 ·cited 6×
  Roberto Angel Espinosa appealed his sentence increase from 15 to 30 years after being found in violation of his plea agreement. The court held that Espinosa could not be found to have violated the agreement because he was alleged to have lied about a crime not specifically enumer
• Cleveland Consol., Inc. v. Haren
  672 So. 2d 592· Fla. 1st DCA· 1996-04-24 ·cited 6×
  Cleveland Consolidated and its insurance carrier appealed a workers' compensation order awarding benefits to Ralph Harén under Florida law for an injury sustained in Georgia. The Florida District Court of Appeal reversed, holding that the labor agreement governing Harén's employm
• Roger v. Cook
  636 So. 2d 591· Fla. 3d DCA· 1994-05-17 ·cited 6×
  The court held that the 'subject to' language in the deeds, combined with the parties' conduct and knowledge, supported the trial court's finding that the original owners retained the leasehold interest in the sewage treatment plant.
• Thigpen v. Sparks
  983 F.2d 644· 5th Cir.· 1993-02-16 ·cited 6×
  The court held that the D'Oench doctrine and related statutes do not apply to a bank's sale of an asset in a non-banking transaction, allowing breach of warranty claims to proceed.
• Coplay Cement Co., Inc.
  983 F.2d 1435· 7th Cir.· 1993-01-21 ·cited 6×
  The court held that under Indiana's personal-liability statute for subcontractors, the owner's liability is limited to the amount owed to the general contractor, and the owner can set off damages incurred from the contractor's breach on one contract against amounts owed on anothe
• United States v. S. Atl. Prod. Credit Ass'n
  606 So. 2d 691· Fla. 1st DCA· 1992-09-30 ·cited 6×
  The SBA appealed a foreclosure judgment finding that PCA's mortgage was superior to the SBA's mortgage on a farm. The court held that while the Spencers subordinated the SBA mortgage to PCA's future advances mortgage, the subordination was limited to $85,000 in total amount, and
• Falls AT Naples, Ltd. v. Barnett Bank OF Naples, N.A.
  603 So. 2d 100· Fla. 2d DCA· 1992-07-31 ·cited 6×
  Falls at Naples and limited partners appealed a summary judgment in favor of Barnett Bank in a mortgage foreclosure and promissory note collection action. The Second District Court of Appeal reversed, holding that Barnett Bank failed to establish the absence of genuine issues of
• Prudencio Chavez v. Dir., Off. OF Workers Comp. Programs
  961 F.2d 1409· 9th Cir.· 1992-04-15 ·cited 6×
  The court held that the Benefits Review Board erred in finding the apportionment issue unripe, and that the Administrative Law Judge properly admitted extrinsic evidence to show no settlement agreement existed.
• I.T.O. Corp. OF Baltimore v. Sellman
  954 F.2d 239· 4th Cir.· 1992-01-22 ·cited 6×
  An employer's direct participation in a third-party settlement negotiations renders the statutory requirement for written approval of the settlement inapplicable, thus precluding termination of benefits. However, the employer is entitled to offset its liability against the claima
• Mellon Bank Corp. & Mellon Bank, N.A. v. First Union Real Est. Equity & Mortg. Invs.
  951 F.2d 1399· 3d Cir.· 1991-12-19 ·cited 6×
  The court held that the parol evidence rule barred Mellon's breach of contract claim based on alleged oral promises, and that Mellon's fraudulent misrepresentation claim failed for lack of clear and convincing evidence.
• Titusville Assocs., Ltd. v. Barnett Banks Tr. Co.
  591 So. 2d 609· Fla.· 1991-12-12 ·cited 6×
  Titusville Associates sought review of a First District Court of Appeal decision that reversed a trial court judgment and granted summary judgment to Barnett Banks Trust Co. The case involves interpretation of a financing agreement for an adult congregate living facility, specifi
• Winston Network v. Ind. Harbor Belt R.R. Co.
  944 F.2d 1351· 7th Cir.· 1991-09-25 ·cited 6×
  The court held that the 1981 agreement covered IHB, Aetna breached its duty to defend and indemnify IHB, and IHB is entitled to recover its attorneys' fees and costs from Winston Network and Aetna.
• Step-Saver Data Sys., Inc. v. Wyse Tech. & the Software Link, Inc.
  939 F.2d 91· 3d Cir.· 1991-07-29 ·cited 6×
  The court held that a "box-top license" included with software, which contained warranty disclaimers and was not expressly agreed to by the buyer, did not become part of the contract under UCC § 2-207 because the seller did not demonstrate an unwillingness to proceed without acce
• In re Est. OF Lettie v. Combee
  583 So. 2d 708· Fla. 2d DCA· 1991-06-28 ·cited 6×
  This case concerns whether bank accounts with written survivorship provisions belong to the named surviving signatories or the estate of a deceased depositor. The court held that the clear statutory presumption favoring survivorship rights can only be overcome by proof of fraud,
• Ogelean Riddick & Suncoast Beauty Sch. of Fla., Inc. v. Suncoast Beauty Coll., Inc.
  579 So. 2d 855· Fla. 2d DCA· 1991-05-17 ·cited 6×
  The court held that the trial court erred in finding that the appellant's operation of a beauty salon violated the covenant not to compete, as the covenant's language did not extend to such a business.
• W. World, Inc. v. Dansby
  566 So. 2d 866· Fla. 1st DCA· 1990-09-05 ·cited 6×
  The court held that a lease agreement identifying property by street address is not void for vagueness, and parol evidence is admissible to clarify latent ambiguities.
• Jack H. Brown & Co., Inc. v. Toys "R" US, Inc.
  906 F.2d 169· 5th Cir.· 1990-07-20 ·cited 6×
  The court held that parol evidence of an alleged oral promise was improperly admitted to vary the unambiguous terms of a written settlement agreement, and absent this evidence, there was no support for the jury's verdict.
• Bokunewicz v. Purolator Prods.
  907 F.2d 1396· 3d Cir.· 1990-07-11 ·cited 6×
  The court held that an arbitrator's finding of no jurisdiction did not preclude judicial review of the merits, and that employees' disability pension rights had vested prior to a plant closure agreement, entitling them to benefits.
• Wood v. R.R. Donnelley & Sons Co. & Donnelley Receivables
  888 F.2d 313· 3d Cir.· 1989-11-01 ·cited 6×
  The court held that the parol evidence rule does not bar a fraud claim based on an underlying oral agreement, even when a letter of credit is involved, and that the lower court erred in granting summary judgment on this basis.
• Commerce Consultants Int'l, Inc. v. Vetrerie Riunite
  867 F.2d 697· D.C. Cir.· 1989-02-14 ·cited 6×
  A contract's unambiguous choice-of-forum clause, negotiated at arm's length, is enforceable unless shown to be unreasonable and gravely inconvenient.
• In re Excalibur Auto. Corp. Excalibur Auto. Corp. v. Robinson
  859 F.2d 454· 7th Cir.· 1988-09-26 ·cited 6×
  The court held that the bankruptcy court's findings of fact regarding a condition precedent were insufficient and lacked adequate support under Wisconsin law, necessitating a remand for more detailed findings. The court also reversed the district court's finding on waiver, remand