Parol Evidence Rule

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

• Resolution Tr. Co. by FDIC v. Clark
  741 F. Supp. 896· S.D. Fla.· 1990-07-27 ·cited 1×
  The court held that the D'Oench doctrine applies, estopping defendants from asserting oral modifications as a defense against the RTC, and that no genuine issue of material fact precluded summary judgment.
• Credithrift, Inc. v. Knowles
  556 So. 2d 775· Fla. 1st DCA· 1990-02-08 ·cited 1×
  A subordination clause in a mortgage that conditions subordination on substitution of collateral is ambiguous when the clauses are mutually dependent and must be interpreted together, permitting the trier of fact to resolve conflicting evidence; furthermore, a junior mortgagee's
• Har-Win v. Consol. Grain & Barge Co.
  794 F.2d 985· 5th Cir.· 1986-07-18 ·cited 1×
  The court held that parol evidence was inadmissible to contradict unambiguous maritime contracts and that a claim not included in the pretrial order was waived.
• Cap. Dredge & Dock Corp. v. City OF Detroit
  800 F.2d 525· 6th Cir.· 1986-03-19 ·cited 1×
  The court considered whether Michigan law recognizes an attorney's apparent authority to settle a client's claim, questioning if it would follow the general rule or require express authorization.
• John Alden Life Ins. v. C.A. Cavendes
  591 F. Supp. 362· S.D. Fla.· 1984-07-06 ·cited 1×
  The court held that the plaintiff's claims were barred by Rule 13(a) as compulsory counterclaims and by the doctrine of res judicata, and that the plaintiff failed to demonstrate justifiable reliance on alleged misrepresentations, warranting summary judgment for the defendant.
• Millicent A. Biggs v. Selbourne A. Biggs
  452 So. 2d 129· Fla. 2d DCA· 1984-06-08 ·cited 1×
  The court held that the trial court erred in excluding parol evidence offered to reform a deed, and that such evidence should be admitted on retrial.
• O'Neal v. First Fed. Sav. & Loan Ass'n OF Orlando
  328 So. 2d 470· Fla. 4th DCA· 1976-03-05 ·cited 1×
  Summary judgment for lender affirmed where parol evidence of alleged oral agreement to inspect construction was properly excluded under the Parol Evidence Rule.
• Robert E. Roll and Duane v. Johnson
  293 So. 2d 370· Fla. 4th DCA· 1974-04-05 ·cited 1×
  Architects Roll and Johnson contracted with Spero and others to provide architectural services for a percentage of construction costs. After the owners abandoned the project when bids came in at $414,000, the architects sued for the balance of their fees, and the court awarded th
• Charles Taylor Marine, Inc. v. State Farm Fire & Cas. Co.
  234 So. 2d 400· Fla. 3d DCA· 1970-04-21 ·cited 1×
  The appellate court affirmed the trial court's actions regarding summary judgment on scheduled items and denial of withdrawal of admission, but reversed and remanded for trial on issues related to unscheduled items and attorneys' fees.
• BAY State Smelting Co., Inc. v. Ferric Indus., Inc.
  292 F.2d 96· 1st Cir.· 1961-06-30 ·cited 1×
  The court held that the buyer's failure to secure necessary export licenses within a reasonable time excused the seller's performance and terminated the contracts, preventing recovery for breach.
• Ermine M. Owenby v. City OF Quincy
  95 So. 2d 426· Fla.· 1957-04-24 ·cited 1×
  When land is conveyed as a gift with an express reversion clause conditioning retention on specific uses within five years, and the grantee performs practically nothing to accomplish those uses despite substantial prior negotiations establishing the parties' mutual intent to impr
• Am. Weekly, Inc. v. Houston Printing Corp.
  134 F.2d 447· 5th Cir.· 1943-03-17 ·cited 1×
  The court held that the contract did not require an exact advertising ratio in every issue, but a failure to maintain an approximate ratio could lead to a price abatement.
• The W. T. Rawleigh Co. v. Langford
  128 Fla. 663· Fla.· 1937-06-18 ·cited 1×
  The W. T. Rawleigh Company sued C. A. Langford and his sureties to recover an unpaid balance on a merchandise sales contract. The court held that Langford failed to prove his affirmative defense of an oral modification that allegedly converted him from a principal purchaser to an
• Fosgate v. Nocatee Fruit Co.
  S.D. Fla.· 1924-12-12 ·cited 1×
  Defendant Nocatee Fruit Co. appealed the trial court's rulings on seven amended pleas in a tort action for fraudulent misrepresentation regarding acreage of grove and surrounding lands in an option contract. The plaintiff alleged that defendant knowingly, recklessly, or negligent
• Washington v. VyStar Credit Union
  Fla. 5th DCA· 2026-02-06
  For signature-based debit card transactions, authorization and payment are substantively different events occurring at different times, and overdraft determinations are made at the time VyStar pays a merchant, not at authorization. VyStar is not required to exclusively apply fund
• Landscaping, LLC v. Horsepower Prop.
  Del. Super. Ct.· 2026-01-22
  A Delaware Superior Court denied a motion for summary judgment filed by third-party defendants Lenape Properties Management, Inc. and Target Corporation, and granted a request to amend the complaint. The dispute centers on whether Horsepower Property Maintenance LLC (the third-pa
• Carmona Realty Grp., LLC v. Fernandez
  Fla. 3d DCA· 2026-01-14
  The Instructions to Other Agents were not incorporated into the Listing Agreement because they lacked mutual signatures, were not cross-referenced, and violated Florida's Statute of Frauds. The Carmona 4 Contract for $505,000 met all terms of the Listing Agreement, and Carmona Re
• Deepak Raj v. Sutherlin
  Fla. 4th DCA· 2026-01-07
  Consideration for a contractual right of first refusal need not be separately allocated or distinct from the consideration for the underlying real estate purchase when the right of first refusal is made part of the same integrated contract executed at or near the same time.
• WP Prop. Holdings I, LLC v. JR&Co., Inc.
  M.D. Fla.· 2025-12-30
  The court held that the counterclaims and third-party claims were sufficiently pled to survive a motion to dismiss.
• King v. Markel Am. Ins. Co.
  M.D. Fla.· 2025-11-05
  The court held that a plaintiff must plead sufficient factual content to support a claim of ambiguity in an insurance policy, and that discovery cannot be used to find a claim.
• BCN Catering Bars SL. v. Nibiruinternational LLC.
  S.D. Fla.· 2025-09-08
  The court held that the plaintiff sufficiently alleged facts to pierce the corporate veil and state a claim for breach of contract, but dismissed the claim for breach of the implied covenant of good faith and fair dealing as duplicative.
• Am. Choice Healthcare, LLC v. Coverys Specialty Ins. Co.
  S.D. Fla.· 2025-09-04
  The court denied the defendant's motions to alter/amend judgment, for remittitur, and for a new trial, upholding the prior judgment for the plaintiff.
• Pettway v. Amazon Fulfillment Ctr.
  M.D. Fla.· 2025-08-19
  The court held that a plaintiff cannot rely on unilateral mistake or misrepresentation defenses to avoid a clear and unambiguous release of claims in a settlement agreement, especially when the contract terms contradict the alleged misrepresentation.
• Aldridge v. Jayyous Props., LLC
  Fla. 1st DCA· 2025-07-23
  A second mortgage signed by Mrs. Aldridge secured only her husband's $150,000 personal guarantee for breach of management services obligations, not the underlying $50,000 loan to North Lagoon Medical, LLC. The trial court erred in relying on extrinsic testimony rather than the pl
• Joseph v. Gen. Conf. Corp. of 7th Day Adventist
  S.D. Fla.· 2025-05-21
  State-law claims dismissed on supplemental jurisdiction grounds must be dismissed without prejudice to refiling in state court, not with prejudice; federal claims dismissed on the merits for failure to state a claim under RICO remain dismissed with prejudice.
• LG Elecs. Inc. v. Invention Inv. Fund I, L.P.
  Del.· 2025-05-15
  The court denied the defendants' motion for a new trial, finding that the jury's verdict was supported by sufficient evidence and not tainted by legal error. The court reiterated that a motion for a new trial is not a vehicle to relitigate issues already decided or to cure counse
• Allen v. Reliaquest, LLC
  M.D. Fla.· 2025-05-01
  The court held that the plaintiff knowingly and voluntarily signed the severance agreement, waiving his claims, and that his contract-related claims failed due to the parol evidence rule and lack of justifiable reliance.
• Pettway v. Amazon Fulfillment Ctr.
  M.D. Fla.· 2024-12-12
  The court held that while the settlement agreement's plain language unambiguously released the plaintiff's claims, disputes of material fact regarding defenses to contract formation (mistake, fraud, misrepresentation) preclude judgment on the pleadings.
• Arpaia v. Cap. One, N.A.
  S.D. Fla.· 2024-12-11
  The court held that the credit card agreement unambiguously permits charging interest on annual fees and that the plaintiff failed to state a claim for breach of the implied covenant of good faith and fair dealing under Virginia law.
• Fla. Chem. Supply v. Westchester Surplus Lines Ins. Co.
  M.D. Fla.· 2024-12-04
  The court held that the insurer is entitled to summary judgment because the insured failed to timely report the claim under the 'Sudden and Accidental Premises Pollution Liability Endorsement,' and the 'Contractors Pollution Liability Endorsement' does not provide coverage due to
• Budget Inns of Pensacola Inc v. Republic Servs. Inc
  N.D. Fla.· 2024-10-28
  The court held that plaintiffs failed to demonstrate predominance and superiority for a multi-state class action due to variations in state law, thus denying class certification.
• Harker v. Kwanza Grimes and Ashley Vogel
  Del. Ch.· 2024-09-18
  The Delaware Court of Chancery held that the Edward Jones Account was a joint account with a right of survivorship, passing entirely to the Petitioner upon the decedent's death. The court also found that the Respondent breached his fiduciary duties as attorney-in-fact for the dec
• ARC Global Invs. II, LLC v. Digit. World Acquisition Corp.
  Del. Ch.· 2024-09-16
  The Delaware Court of Chancery held that ARC Global Investments II, LLC (ARC) partially prevailed on its breach of contract claim against Digital World Acquisition Company (DWAC) and its directors. The court determined the correct conversion ratio for Class B common stock to Clas
• Atlas Conglomerate of Ridiculous Proportions LLC v. NFT Techs., Inc.
  S.D. Fla.· 2024-08-13
  A motion for default judgment must include a meaningful memorandum of law explaining the elements of the claims and damages requested, not merely conclusory allegations.
• MSC Trading, S.A. v. Delgado
  S.D. Fla.· 2024-07-29
  The district court affirmed and adopted the Magistrate Judge's Report and Recommendation, granting summary judgment for the plaintiff on most counts and defenses, and adopting the finding that the contracts were valid and enforceable and that the fraudulent inducement claims fail
• Exit Strategy, LLC
  Del.· 2024-07-25
  The Court affirmed the Court of Chancery's judgment, holding that defeasance costs were properly deductible under the partnership agreement's 'Excess Loan Costs' provision. Despite a mischaracterization of the governing formula by the lower court, the correct application of the f
• Marine Towing & Salvage of S.W. FL., Inc. v. One 66' 2019 Sabre Dirigo
  M.D. Fla.· 2024-07-24
  Summary judgment is granted for the defendant on claims against him personally for breach of contract and quantum meruit, but denied on the maritime lien claim.
• Great Bowery Inc v. Consequence Sound LLC
  S.D. Fla.· 2024-07-01
  The court held that the plaintiff lacked standing to sue for copyright infringement because it did not possess an exclusive right under the Copyright Act, as evidenced by the agreements with the photographer.
• Buzzfeed Media Enters., Inc. v. Anderson
  Del. Ch.· 2024-05-15
  The Court held that the Employment Agreements (EAs) clearly and unmistakably delegate the question of substantive arbitrability to the arbitrator, including the propriety of mass claims arbitration. Therefore, the motion to dismiss filed by BuzzFeed Media Enterprises (BME) is gra
• Grove Harbour Marina & Caribbean Marketplace, LLC v. Grove Bay Inv. Grp. LLC
  Fla. 3d DCA· 2024-05-15
  When a contract is ambiguous and susceptible to more than one reasonable interpretation, summary judgment is precluded and the matter must be submitted to a fact-finder. The AEIA's incorporation of the Charthouse Drive Plans was ambiguous regarding whether Grove Bay could constru
• Jesse Iwuji Motorsports, LLC v. Equity Prime Mortg., LLC
  S.D. Fla.· 2024-05-03
  A NASCAR team sponsor dispute between Jesse Iwuji Motorsports and Equity Prime Mortgage over a $6 million sponsorship agreement resulted in the court granting partial summary judgment to both parties. The court found that EPM materially breached the contract by ceasing payments i
• Ramco Asset Mgmt., LLC v. C.A. No. 2022-0665-Sg USA Rare Earth, LLC
  Del. Ch.· 2024-04-22
  The Court denied in part and granted in part the defendants' motions to dismiss. Counts I and II for breach of contract and breach of the implied covenant of good faith and fair dealing against USARE were allowed to proceed, applying New Jersey law. Counts IX through XII for frau
• Cardinal Point, LLC v. Edgewood P'rs Ins. Ctr., Inc.
  S.D. Fla.· 2024-04-16
  Cardinal Point, LLC and its members sold their healthcare reinsurance distribution business to EPIC Holdings in 2019 under an Asset Purchase Agreement with an earnout structure, but the business significantly underperformed projections and EPIC stopped operations and terminated t
• Febles v. Am. Health Reform Solutions, LLC
  M.D. Fla.· 2024-03-15
  The court held that the Employment Agreement's merger clause did not supersede the Offer Letter because they covered distinct subject matters, and the arbitration provision in the Employment Agreement was limited to post-employment disputes.
• Febles v. Am. Health Reform Solutions, LLC
  M.D. Fla.· 2024-03-05
  The court held that the defendant's motion to compel arbitration should be denied because the employment agreement's merger clause did not supersede the offer letter, and the arbitration provision was limited to post-employment disputes.
• Joni Bartolotta v. Bartolotta
  Fla. 2d DCA· 2024-02-28
  When a marital settlement agreement's language is unambiguous and obligates parties to perform duties beyond what Florida law would otherwise impose, the terms of the MSA control over statutory provisions, and courts may not restrict the agreement's meaning by reference to statut
• Hwy. 1 Hospitality, LLC v. Andris
  Fla. 3d DCA· 2024-02-14
  Mutual assent is an absolute condition precedent to contract formation, and absent mutual assent neither the contract nor any of its provisions come into existence. When essential matters remain open for further consideration, there is no completed contract requiring reciprocal a
• Gonzalez v. The Indep. Order of Foresters
  S.D. Fla.· 2024-02-08
  Summary judgment is granted for the defendant on all remaining claims because the written insurance policy terms govern, and the plaintiff's reliance on oral representations contradicted by the policy was not justifiable.
• Dozier v. Scruggs
  Fla. 5th DCA· 2024-02-02
  A mediated settlement agreement requiring the defendant to convey an easement is enforceable despite lacking an express timeframe for performance, as Florida law implies a reasonable time when none is specified, and the agreement's essential terms are sufficiently definite when t
• Cardinal Point, LLC v. Edgewood P'rs Ins. Ctr., Inc.
  S.D. Fla.· 2023-12-11
  Cardinal Point, LLC and its members sold their healthcare reinsurance business to EPIC through an Asset Purchase Agreement that tied the purchase price to future performance over four years, with the members also entering into employment agreements with EPIC. The members sued EPI