Parol Evidence Rule

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

• Sea-Land Serv., Inc. v. R.V. D'Alfonso Co., Inc.
  727 F.2d 1· 1st Cir.· 1984-02-03 ·cited 3×
  The dissenting judge believes the stipulation was ambiguous and should be interpreted against the attorney who drafted it, meaning it did not waive the statute of limitations for the counterclaim.
• la Quay v. Union Fid. Life Ins. Co.
  403 So. 2d 1359· Fla. 4th DCA· 1981-09-23 ·cited 3×
  Ray La Quay appeals a summary judgment denying his claim on a life insurance policy issued to his deceased spouse Patricia on May 2, 1975, the day she died. The court held that when an insurance policy specifies only a date without a specific time, coverage begins at 12:01 A.M. o
• Miley v. Miley
  402 So. 2d 557· Fla. 2d DCA· 1981-08-21 ·cited 3×
  Calvin and Rosalie Miley appeal a summary judgment in favor of Thelma Miley on her specific performance claim to enforce an agreement for deed. The appellate court reversed, holding that the trial court erred in dismissing the Mileys' counterclaim for reformation based on mutual
• Enrico Farms, Inc. v. H. J. Heinz Co.
  629 F.2d 1304· 9th Cir.· 1980-08-28 ·cited 3×
  Parol evidence cannot be admitted to directly contradict the terms of a written contract, even if the writing is not a complete integration of the agreement.
• Ware Constr. Co., Inc. v. Norman S. Thomas et ux.
  357 So. 2d 452· Fla. 2d DCA· 1978-03-31 ·cited 3×
  Ware Construction sought to build a 16-unit multifamily structure on lots exempt from single-family restrictions under a 1952 recorded plat. The trial court enjoined construction, but the appellate court reversed, finding the plat's exemption provision clearly intended to remove
• Cent. & S. Fla. Flood Control Dist. v. Surrency
  302 So. 2d 488· Fla. 2d DCA· 1974-11-06 ·cited 3×
  The Central and Southern Florida Flood Control District appealed a judgment that terminated its easement rights on portions of property based on a reverter clause requiring construction within three years. The court reversed, holding that the reverter clause applied to the easeme
• Reliance Ins. Co. v. Dade Cnty.
  230 So. 2d 21· Fla. 3d DCA· 1969-12-23 ·cited 3×
  The court held that the surety was liable on the performance bond for the costs incurred by the county to complete subdivision improvements, including interest and attorney's fees, as the bond's terms were consistent with statutory requirements and the county followed proper proc
• Puro v. Puro
  225 So. 2d 462· Fla. 3d DCA· 1969-07-22 ·cited 3×
  Arthur Puro challenged a summary judgment dismissing his action to enjoin the sale of trust property, claiming the trusts were passive and executed by the Statute of Uses, and that Louis Puro lacked authority to direct the trustee to sell. The court affirmed, holding that res jud
• Clemons v. Clemons
  197 So. 2d 38· Fla. 2d DCA· 1967-03-22 ·cited 3×
  Martha Clemons appealed a summary judgment in a declaratory decree action seeking to establish herself as beneficiary of her late husband's life insurance policy. The court affirmed the judgment, holding that because no beneficiary was named in the 1964 policy renewal, Florida st
• Little River Bank & Tr. Co. v. N. Am. Mortg. Corp.
  186 So. 2d 263· Fla. 2d DCA· 1966-05-04 ·cited 3×
  The court affirmed a trial court judgment allowing a bank to recover on a note against a mortgage corporation, but permitting a setoff for interest paid on related notes. The case clarifies when parol evidence can establish a contemporaneous agreement to offset credits against a
• W. Auto Supply Co. v. Sullivan
  210 F.2d 36· 8th Cir.· 1954-01-25 ·cited 3×
  The court affirmed the judgment for the plaintiff on the breach of contract claim and affirmed the trial court's denial of pre-judgment interest, finding the damages were unliquidated.
• Compton v. Atwell
  207 F.2d 139· D.C. Cir.· 1953-09-04 ·cited 3×
  An assignee for collection purposes, even if lacking beneficial interest, is authorized by statute to sue in their own name under Rule 17(a) of the Municipal Court Rules.
• Ellis v. Brown
  177 F.2d 677· 6th Cir.· 1949-10-21 ·cited 3×
  The court held that the appellee's actions and statements did not constitute abandonment of his interest in the oil and gas leases, and that the contract did not cover leases acquired by appellant Ellis independently.
• Foster v. Bennie Terenio and Lonita Mary Terenio
  158 Fla. 883· Fla.· 1947-05-13 ·cited 3×
  The court held that the sellers were obligated to provide a place for the purchasers to conduct the business, and since they were evicted, the purchasers were entitled to a refund of the purchase price.
• Atl. Coast Line R.R. Co. v. Cowart
  140 Fla. 596· Fla.· 1939-08-01 ·cited 3×
  Atlantic Coast Line Railroad Company appealed a judgment awarding damages to O. W. Cowart for injuries to cattle during shipment. The Florida Supreme Court affirmed the judgment, holding that the railroad breached its duty to transport the cattle via the agreed-upon shortest rout
• Helena Myrtle Messina Lester v. Schutt
  128 Fla. 302· Fla.· 1937-05-21 ·cited 3×
  In this ejectment suit over property in Lemon City, Florida, the court reversed a directed verdict for plaintiff because the trial judge improperly struck defendants' critical documents from the record—specifically an 1890 plat and deeds referencing it—which left the jury unable
• Raulerson v. Green
  124 Fla. 181· Fla.· 1936-04-24 ·cited 3×
  In this ejectment action, the Florida Supreme Court affirmed judgment for the defendant, holding that documents conveying property to the plaintiff were in fact a mortgage securing a loan to pay delinquent taxes, rather than an absolute conveyance. The defendant's equitable plea
• Williams v. Dunn
  106 Fla. 228· Fla.· 1932-07-19 ·cited 3×
  The Florida Supreme Court affirmed a mortgage foreclosure decree that included $750 in attorney fees. The court held that a receiver's obligation to pay reasonable attorney fees could be supported by parol testimony regarding a retainer agreement, and that failure to comply with
• Contragolpe LLC v. 505 NE 30 St., LLC
  403 So. 3d 358· Fla. 3d DCA· 2025-01-29 ·cited 2×
  A patent ambiguity in an addendum regarding whether the phrase "this contract" referred to the original sales agreement or only the addendum itself precludes resolution by parol evidence at summary judgment. The trial court improperly considered conflicting extrinsic evidence to
• Lockwood v. Oliver
  2019 WL 3718206· M.D. Fla.· 2022-08-09 ·cited 2×
  The court denied plaintiffs' renewed motion in limine without prejudice, finding it was improperly filed and lacked sufficient legal support.
• Hillcrest Country Club Ltd. P'ship v. Zyscovich, Inc.
  288 So. 3d 1265· Fla. 4th DCA· 2020-01-22 ·cited 2×
  A golf course owner appeals a summary judgment awarding an architect a $2.5 million bonus fee for services rendered in converting a golf course into residences. The parties dispute whether the bonus fee provision required only governmental and covenant-removal approvals or also r
• Restoration 1 CFL v. State Farm Fla. Ins. Co.
  189 So. 3d 340· Fla. 5th DCA· 2016-04-22 ·cited 2×
  The court held that an assignment of insurance benefits is clear and unambiguous, granting the assignee standing to litigate coverage issues.
• Thompson v. Watts
  111 So. 3d 986· Fla. 1st DCA· 2013-05-06 ·cited 2×
  A former husband appeals the trial court's denial of his petition to reduce child support after the oldest of three children reached age 18 and graduated high school. The appellate court reverses, holding that the divorce decree's child support provision was patently ambiguous on
• Berrios v. Orlando Reg'l Healthcare Sys.
  100 So. 3d 128· Fla. 5th DCA· 2012-09-21 ·cited 2×
  Under Georgia law, a release of an initial tortfeasor does not discharge claims against a subsequent tortfeasor unless the subsequent tortfeasor is expressly named in the release. Because the settlement release executed in Georgia named only the inn and its associated parties, it
• Learning Connections, Inc. v. Kaufman, Englett & Lynd, PLLC
  54 C.C.A. 258· M.D. Fla.· 2012-02-23 ·cited 2×
• McKEEVER v. Rushing
  41 So. 3d 920· Fla. 2d DCA· 2010-07-09 ·cited 2×
  The court held that a genuine issue of material fact exists regarding whether a release signed by the plaintiff was intended to cover personal injury claims, precluding summary judgment.
• Eli Lilly & Co. v. Air Express Int'l USA, Inc.
  602 F. Supp. 2d 1260· S.D. Fla.· 2009-03-10 ·cited 2×
  The court held that the Montreal Convention preempts state law claims for damage to international air cargo, and that the plaintiffs established a prima facie case for liability under the Convention.
• The Decoplage Condo. Ass'n, Inc. v. Deco Props. & Invs., Inc.
  971 So. 2d 860· Fla. 3d DCA· 2007-11-07 ·cited 2×
  Decoplage Condominium Association appeals a summary judgment for declaratory relief that construed a commercial lease in favor of Deco Properties & Investments, Inc. The court reversed and remanded because the lease language was ambiguous and susceptible to different interpretati
• Danny K. White and wife v. Syfrett
  955 So. 2d 1110· Fla. 1st DCA· 2006-11-28 ·cited 2×
  The Florida First District Court of Appeal reversed a trial court's dismissal of a breach of contract claim involving real estate, holding that the plaintiffs adequately stated a cause of action at the pleading stage and that the defendant's challenges to the property description
• Brewer v. Laborfinders OF Tampa
  944 So. 2d 1102· Fla. 1st DCA· 2006-11-22 ·cited 2×
  An unambiguous general release that explicitly covers workers' compensation claims bars all such claims matured prior to execution, and satisfaction of statutory representation requirements depends on whether the claimant retained counsel at the time of execution, not whether cou
• Raho OF Pass-A-Grille, Inc. v. Pass-A-Grille Beach Motel, Inc.
  923 So. 2d 564· Fla. 2d DCA· 2006-03-22 ·cited 2×
  RAHO appealed the trial court's order denying its motion to enforce a settlement agreement reached through mediation with Pass-A-Grille Beach Motel. The trial court had invalidated the entire mediation agreement, concluding there was no meeting of the minds. The appellate court r
• Developers OF Northlake, Inc. v. Northlake Equities, Inc.
  944 So. 2d 1014· Fla. 4th DCA· 2005-09-07 ·cited 2×
  The appellate court reversed the trial court's order enforcing a mediation settlement agreement, agreeing with the appellants that a development fee was not payable until the entire project was sold, not on a pro rata basis as parcels were sold.
• Harbie v. Falk
  907 So. 2d 566· Fla. 3d DCA· 2005-07-06 ·cited 2×
  The trial court improperly considered extrinsic evidence to interpret the will when the will was clear and unambiguous on its face.
• Caputo v. Nouskhajian
  871 So. 2d 266· Fla. 5th DCA· 2004-03-19 ·cited 2×
  Karen Caputo appeals the trial court's exclusion of evidence regarding her mother Rouzan's intent concerning jointly held bank accounts in a probate estate dispute. The court holds that parol evidence is admissible to overcome the statutory presumption of survivorship in joint ba
• Agner v. Apac-Florida, Inc.
  821 So. 2d 336· Fla. 1st DCA· 2002-06-12 ·cited 2×
  The court held that the trial court erred in dismissing the complaint with prejudice at the motion to dismiss stage, as the issues of sovereign immunity and workers' compensation immunity were not ripe for adjudication without further discovery and evidence.
• Hodges v. Buzzeo
  193 F. Supp. 2d 1279· M.D. Fla.· 2002-03-14 ·cited 2×
  The court dismissed counterclaims for breach of contract, tortious interference, and shareholder oppression/breach of fiduciary duty for failure to state a claim upon which relief can be granted.
• Michel Aouate v. Hotel Europe, Inc.
  792 So. 2d 596· Fla. 3d DCA· 2001-08-15 ·cited 2×
  A trustee for a purchaser appealed a judgment in favor of a hotel seller in a real estate dispute over a purchase agreement. The trial court excluded the purchaser's evidence regarding whether title defects (specifically an equitable lien from a pending lawsuit) were "liquidated
• Olive v. Tampa Educational Cable Consortium
  723 So. 2d 883· Fla. 2d DCA· 1998-12-23 ·cited 2×
  David Olive sued Tampa Educational Cable Consortium for breach of contract after TECC refused to honor an employment agreement letter. The trial court found no contract existed due to lack of definite terms and mutual assent, but the appellate court reversed, holding that the let
• Navy Mut. AID Ass'n v. Barrs
  732 So. 2d 345· Fla. 1st DCA· 1998-11-17 ·cited 2×
  Navy Mutual Aid Association appeals a summary judgment awarding life insurance proceeds to Nancy Barrs for her former husband's suicide death. The court affirmed, holding that a 1994 insurance certificate was a continuation of a 1968 master policy, making the suicide exclusion pe
• First Nat'l Bank OF Lake Park v. Luella GAY
  694 So. 2d 784· Fla. 4th DCA· 1997-05-07 ·cited 2×
  First National Bank appeals a judgment for the lessor in a commercial lease dispute, challenging the trial court's requirement that it elect remedies before trial, exclusion of parol evidence regarding property condition, refusal to instruct on 'best efforts,' and omission of an
• Midway Mfg. Co. v. Fam. FUN Corp.
  668 So. 2d 327· Fla. 4th DCA· 1996-02-21 ·cited 2×
  The appellate court held that the trial court erred in denying a replevin order when the evidence clearly showed the seller was entitled to possession pending final adjudication.
• Blazina v. Crane
  670 So. 2d 981· Fla. 2d DCA· 1996-01-19 ·cited 2×
  The court held that while the trial court correctly admitted parol evidence to interpret a latent ambiguity in an easement, the judgment must be reversed because it contained factual findings unsupported by the record.
• Gossard v. Adia Servs., Inc.
  922 F. Supp. 558· M.D. Fla.· 1995-09-05 ·cited 2×
  The court held that the plaintiffs failed to prove damages with sufficient certainty, warranting judgment as a matter of law for the defendant.
• Lyn-Rand Metal Fabrications v. Am. Accessories Corp.
  657 So. 2d 70· Fla. 3d DCA· 1995-07-12 ·cited 2×
• Sasser Funeral Home, Inc. v. McCLELLAN
  627 So. 2d 1304· Fla. 1st DCA· 1993-12-10 ·cited 2×
  Sasser Funeral Home appealed a partial temporary injunction order against former funeral home owners Charles and Barbara McClellan, who opened a competing business allegedly in violation of a non-competition clause. The court reversed and remanded, finding the key contractual ter
• Beijing Metals & Minerals Import/Export Corp. v. Am. Bus. Ctr., Inc.
  993 F.2d 1178· 5th Cir.· 1993-06-15 ·cited 2×
  The court held that the parol evidence rule barred claims based on alleged oral agreements that contradicted a written payment agreement, but that genuine issues of material fact existed regarding fraudulent inducement and claims related to the quality and quantity of goods.
• Bidlack v. Wheelabrator Corp.
  993 F.2d 603· 7th Cir.· 1993-05-18 ·cited 2×
  The court adopted the 'weak no-vest rule' as the default for determining whether collectively bargained retiree health benefits have vested, allowing extrinsic evidence when the agreement is ambiguous.
• Harbor Ins. Co. v. Urban Constr. Co. & Augusta Court Co-Owners Ass'n, Inc.
  990 F.2d 195· 5th Cir.· 1993-04-22 ·cited 2×
  The court held that the insured's claim for reformation based on mutual mistake was barred by the statute of limitations because the insured's agent had actual knowledge of the policy omission in 1981, and the claim was not asserted until after the limitations period expired.
• Spearman v. Est. OF Robert Spearman
  618 So. 2d 276· Fla. 4th DCA· 1993-04-07 ·cited 2×
  Beverly Spearman appeals a trial court judgment requiring her to account for approximately $984,000 transferred to her by her deceased former husband. The appellate court reverses, finding insufficient evidence to establish either an express or resulting trust.
• Swengler v. ITT Corp. Electro-Optical Prods. Div.
  993 F.2d 1063· 4th Cir.· 1993-03-22 ·cited 2×
  The court held that neither an alleged oral promise nor an internal policy memo created an implied condition for 'just cause' termination under Virginia law, and thus Swengler's employment was at-will. The court also held that Swengler's letter constituted defamation per se, enti