Parol Evidence Rule

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

• Indus. Components of Latin Am., Inc. v. Syntron Material Handling LLC
  M.D. Fla.· 2019-09-18
  Summary judgment is granted for the defendant on the Mississippi Sales Representative Act and quantum meruit claims, but denied on the breach of contract claim due to disputed material facts.
• Pregis Performance Producis ELC v. C.A. No. N18C-03-157 WCC CCLD REX Performance Prods. LLC
  Del. Super. Ct.· 2019-09-04
  The court granted in part and denied in part the parties' motions. The court dismissed the counterclaims for tortious interference with contract, unjust enrichment, and breach of contract. The court denied dismissal of the fraudulent concealment counterclaim, finding that factual
• Asphalt Paving Sys., Inc. v. S. States Pavement Markings, Inc.
  M.D. Fla.· 2019-08-14
  Asphalt Paving Systems contracted with Southern States to perform micro-surfacing work to repair roadway rumble stripes and sought payment for work on the entire length of road completed, while Southern States paid only for the specific seven-foot divot sections. The court found
• YS Catering Holdings, Inc. v. Attollo P'rs LLC
  274 So. 3d 1203· Fla. 3d DCA· 2019-06-19
  The trial court properly dismissed the complaint with prejudice because the merger agreement's integration clause precluded oral misrepresentation claims, the 2016 release agreement barred all claims against the defendants, and the assignment for the benefit of creditors transfer
• Farrey's Wholesale Hardware Co., Inc. v. Coltin Elec. Servs., LLC
  Fla. 2d DCA· 2018-12-28
  The trial court departed from essential requirements of law by excluding the Maceiras affidavit under the parol evidence rule when it was offered to prove good faith intent in filing the lien, a separate inquiry from contract interpretation. The trial court also erred in finding
• Farrey's Wholesale Hardware Co., Inc. v. Coltin Elec. Servs., LLC
  Fla. 2d DCA· 2018-12-28
  The trial court departed from essential requirements of law by excluding the Maceiras affidavit under the parol evidence rule when it was offered to prove good faith intent in filing the lien, a separate inquiry from contract interpretation. The trial court also erred in finding
• Janoura P'rs, LLC v. Palm Beach Imports, Inc.
  264 So. 3d 942· Fla. 4th DCA· 2018-12-19
  An auto dealership and shopping center disputed the scope of a 1989 cross-access easement (CAA) that allowed ingress and egress between their properties. The shopping center's new owner terminated a 2014 month-to-month agreement permitting the dealership to load and unload vehicl
• In re STANDARD JURY INSTRUCTIONS IN CONTRACT & BUS. CASES-2018 REPORT.
  260 So. 3d 87· Fla.· 2018-12-06
  The Florida Supreme Court approved amendments and new standard jury instructions for contract and business cases, including revisions to existing instructions on breach of contract, interpretation, and good faith and fair dealing, as well as new instructions on trade secrets, pie
• Napoli v. Bureau of State Emp's. W/C Claims/ The Div. of Risk Mgmt.
  260 So. 3d 449· Fla. 1st DCA· 2018-11-30
  A mediation agreement to provide "the requested bed" is unenforceable where the claimant fails to prove a meeting of the minds, as the phrase is ambiguous and parol evidence establishes the employer/carrier understood it to mean any bed meeting the doctor's requirements.
• Sarn Energy LLC v. Tatra Defense Vehicle A.S.
  Del. Super. Ct.· 2018-10-31
  The court denied the motion for judgment on the pleadings, finding that genuine issues of material fact existed regarding the breach of contract claim. The court also found that the claim for attorneys' fees was premature and not supported by the agreement.
• OHL Bldg., Inc. v. Murphy Constr. Finishers, Inc.
  246 So. 3d 573· Fla. 3d DCA· 2018-07-05
  Republic Funding Corporation, a New York-based broker, recovered a $260,000 jury verdict for arranging a $13,000,000 loan for defendants' Florida cable TV business. The lower court entered judgment for defendants based on Florida's Mortgage Brokers Act, but the appellate court re
• Agia v. Ossi
  249 So. 3d 672· Fla. 2d DCA· 2018-04-06
  When a party signs a promissory note with clear, unambiguous signature blocks indicating both a representative capacity and an individual capacity, parol evidence is inadmissible to contradict the terms, and the party is individually liable on the note.
• McFarlane v. State
  239 So. 3d 1272· Fla. 2d DCA· 2018-03-21
  When small quantities of drugs are found in a defendant's possession, courts require proof beyond the quantity alone—such as paraphernalia, scales, large amounts of cash, or observed drug sales activity—to establish intent to sell. The State failed to meet this burden where the c
• Exelon Generation Acquisitions, LLC
  Del.· 2017-12-18
  The Delaware Supreme Court reversed the Superior Court's grant of summary judgment, holding that Exelon did not owe Deere an earn-out payment. The Court found that the "Blissfield Wind Project" as defined in the Purchase Agreement was specifically tied to the development in Lenaw
• Fed. Trade Comm'n v. J. William Enters., LLC
  5 La. 457· M.D. Fla.· 2017-10-23
• Pine River Master Fund Ltd. v. Amur Fin. Co.
  Del. Ch.· 2017-10-12
  The court held that the Credit Agreement is ambiguous regarding the calculation of Cash Interest Accrual, thus denying summary judgment on that claim. However, the court granted summary judgment for the lender on the claim that the borrower breached the agreement by making unauth
• Wrubel v. Safeco Ins. Co. of Ill.
  S.D. Fla.· 2017-07-20
• THE MRS. Fields Brand, Inc. v. Interbake Foods LLC
  Del. Ch.· 2017-06-26
  The court held that Interbake's purported termination of the License Agreement was invalid. Interbake could not terminate under the sales threshold provision because it was intended to protect Mrs. Fields' minimum royalty obligations, not to allow Interbake to escape them due to
• Evergreen Cmtys., Inc. v. Palafox Preserve Homeowners' Ass'n, Inc.
  213 So. 3d 1127· Fla. 1st DCA· 2017-04-04
  Evergreen Communities and Palafox LLC challenged a summary judgment that restricted their land to commercial use under a declaration of covenants and restrictions. The appellate court reversed, finding that disputed issues of material fact regarding the developer's intent preclud
• Brace Indus. Contracting, Inc. v. Peterson
  Del. Ch.· 2017-03-03
  The court held that the defendants did not meet their burden of proof regarding the ownership of certain equipment, finding that prior oral agreements were superseded by the stock purchase agreement's entireties clause. The court also found that the defendants' set-off countercla
• Nvent, LLC v. Hortonworks, Inc.
  Del. Super. Ct.· 2017-02-01
  The appellate court affirmed in part and reversed in part the trial court's decision. The court affirmed the denial of the motion to dismiss the promissory estoppel claim, finding it was adequately pleaded. However, the court reversed the denial of the motion to dismiss the misre
• IN & FOR NEW Castle Cnty. Camal Terry v. Robin Drive Auto
  Del. C.P.· 2016-12-07
  The Court held that the contract was void ab initio due to material ambiguities in its terms, specifically regarding the duration of the layaway and the application of payments. Consequently, the Court found that the defendant was unjustly enriched by the payments received from t
• OMS Nat'l Ins. v. Turbyfill
  N.D. Fla.· 2016-03-31
  The court held that the insurer has no duty to defend or indemnify the insured because the allegations in the underlying complaint fall within the policy's sexual misconduct exclusion.
• Chopin & Chopin, LP v. Brennan
  178 So. 3d 509· Fla. 4th DCA· 2015-11-04
  In this divorce case, the trial court ordered a law firm to refund $12,333.70 to the former husband, finding it was paid as attorneys' fees to purge a contempt order that was later vacated on appeal. The appellate court reversed and remanded, finding the settlement agreement was
• Revolution Retail Sys., LLC
  Del. Ch.· 2015-10-30
  The Delaware Court of Chancery held that Tidel breached an enforceable non-competition provision in the Securities Purchase Agreement by developing and marketing the R50 cash management system with specifications and pricing above the agreed-upon threshold during the restricted p
• In & for New Castle Cnty.
  Del. Super. Ct.· 2015-10-27
  The Court held that the jury waiver provisions in the Lease and the Indemnity Agreement were clear, unambiguous, and conspicuous, and therefore applied to all claims asserted by the plaintiff. Consequently, the plaintiff waived its right to a jury trial for all counts in the comp
• Finger Lakes Cap. P'rs, LLC v. Honeoye Lake Acquisition, LLC
  Del. Ch.· 2015-10-26
  The Court held that the proceeds from the Revolabs sale must be distributed according to the Revolabs Agreement's waterfall, but then reallocated according to the parties' other agreements, specifically the Term Sheet and the Clawback Agreement. Finger Lakes is not entitled to an
• Fowler v. TD Bank, N.A.
  172 So. 3d 569· Fla. 5th DCA· 2015-08-21
  A material issue of fact exists regarding the intent of the parties concerning which properties were encumbered by the second and fourth mortgages, precluding summary judgment.
• Galati v. W. Colonial Auto, Inc.
  9th Cir. Ct. App. Div.· 2015-06-04
  Tom Galati appealed a summary judgment order dismissing his fraud claim against West Colonial Auto and its employees over an alleged misrepresentation of a vehicle's engine type. The appellate court reversed, finding genuine issues of material fact existed regarding whether a win
• Textron Inc.
  Del.· 2015-01-23
  The appellate court affirmed the Superior Court's judgment, holding that Textron was not entitled to reimbursement from Acument for paying pre-closing contingent liabilities. The court found that the "tax benefit offset" provision in the Purchase Agreement was not triggered becau
• Salamone
  Del.· 2014-12-09
  The Delaware Supreme Court affirmed in part and reversed in part the Court of Chancery's decision regarding the interpretation of a Voting Agreement. The Court held that Section 1.2(b) of the Voting Agreement, concerning the designation of a Series A Designee, is ambiguous and, a
• EV3, Inc.
  Del.· 2014-09-30
  The Superior Court erred by permitting the plaintiff shareholders to argue that a non-binding funding provision in a letter of intent was a binding contractual promise or a limitation on the defendant's sole discretion under the merger agreement. The court reversed the judgment a
• EV3, Inc.
  Del.· 2014-09-30
  The Delaware Supreme Court reversed the Superior Court's judgment, holding that the Superior Court erred by allowing the plaintiffs to argue that a non-binding funding provision in a letter of intent was a binding contractual promise or a limitation on the buyer's sole discretion
• Docassist, LLC v. Barberis
  143 So. 3d 1054· Fla. 3d DCA· 2014-07-23
  Florida appellate court affirmed summary judgment for appellees, holding that Docassist failed to properly admit new members because the August 2011 Letter Agreement did not name new members or specify equity adjustments, and subsequent Operating Agreement amendments were invalid
• Enivert v. Progressive Select Ins.
  S.D. Fla.· 2014-07-23
• Fernandez v. The City OF Miami
  147 So. 3d 553· Fla. 3d DCA· 2014-06-04
  Jorge L. Fernandez, former Miami City Attorney, appealed a judgment denying his claim for severance and leave payments after his criminal conviction for fraudulent expense reimbursement. The court affirmed, finding that Fernandez breached his fiduciary duty by failing to disclose
• Company v. Est. of David L. Myers & Arlene J. Myers
  Del. Super. Ct.· 2014-04-16
  The court denied the defendants' motion to strike, finding that the argument that Arlene Myers was not a party to the contract was waived as it was not raised in the initial responsive pleading. Furthermore, even on the merits, the court found that the presence of her signature o
• Homaday v. Smith & Nephew, Inc.
  1992 WL 208879· M.D. Fla.· 2014-01-07
  The court held that the plaintiff's third amended complaint relates back to the original complaint, thus the wrongful death claims are not time-barred. The court also found that the survival claims were not time-barred as they accrued within the four-year statute of limitations.
• In & for New Castle Cnty. Newport Disc, Inc.
  Del. Super. Ct.· 2013-10-07
  The court granted summary judgment in favor of the plaintiffs, finding that the defendants breached their contractual obligations under the Termination Agreements by failing to make commission payments. The court also found that the defendants failed to establish their defense of
• Dobek v. City OF Minneola
  112 So. 3d 687· Fla. 5th DCA· 2013-05-03
  Dobek, a firefighter injured on the job, challenges a summary judgment dismissing his claim against the City for failing to enroll him in the Florida Retirement System (FRS). The court reverses, finding a latent ambiguity in the settlement release's carve-out provision that precl
• Leilani Zutrau
  Del. Ch.· 2013-03-18
  The court denied the defendant's motion to dismiss in its entirety. The court found that res judicata and collateral estoppel did not apply to the plaintiff's claims, as the issues and causes of action were distinguishable from the prior New York lawsuit. The court also found tha
• Meigs Props., Ltd. v. The Bd. OF Cnty. Comm'rs OF Okaloosa Cnty.
  107 So. 3d 1171· Fla. 1st DCA· 2013-02-12
  Successors to original grantors of property conveyed to Okaloosa County in 1973 appealed a trial court judgment denying their claim that the County abandoned the property's use as a County Courthouse Annex, thereby triggering a reverter clause in the deed. The appellate court aff
• In re Mobilactive Media, LLC
  Del. Ch.· 2013-01-25
  The Delaware Court of Chancery found that the defendant breached the joint venture agreement and fiduciary duties by usurping corporate opportunities. The court interpreted the agreement broadly, finding that the defendant's actions in acquiring companies within the joint venture
• Del. IN & FOR NEW Castle Cnty. Rodman Constr. Co., Inc.
  Del. Super. Ct.· 2013-01-08
  The Delaware Superior Court awarded plaintiffs Rodman Construction Co. and Northeast Construction a total of $467,171.54 plus additional attorneys' fees, interest, and costs. The court found in favor of the plaintiffs on most of their claims, including back charges for safety fin
• IN & FOR NEW Castle Cnty. Anguilla RE, LLC
  Del. Super. Ct.· 2012-11-05
  The court granted summary judgment for the plaintiff Anguilla RE, LLC and third-party defendant David B. Small, finding that Small had fully paid all required deposits under the Purchase and Sale Agreement (PSA) and its modifications, thereby triggering the guaranty by the Lubert
• Vidal v. Liquidation Props., Inc.
  127 So. 3d 541· Fla. 4th DCA· 2012-10-31
  The Fourth District Court of Appeal reversed a summary judgment foreclosure in favor of Liquidation Properties, holding that Liquidation failed to establish standing to foreclose because it did not prove ownership of the note as of the complaint filing date. The court also revers
• Avante AT Boca Raton, Inc. v. Senior Care Pharmacy OF Fla., LLC
  113 So. 3d 874· Fla. 2d DCA· 2012-10-19
  A Florida appellate court reversed a jury verdict awarding a pharmacy company $1.6 million in a breach of contract case against nursing homes, holding that the trial court improperly entered a directed verdict on liability before the jury could determine the meaning of an ambiguo
• Agbl Enters., LLC v. Girlcook, Inc.
  96 So. 3d 1058· Fla. 4th DCA· 2012-09-05
  The court held that the trial court erred in admitting parol evidence to contradict the integrated lease agreement regarding completion dates for plaza renovations.
• Trapper John Animal Control, Inc. v. Lawrence M. Gilliard, M.D.
  96 So. 3d 461· Fla. 5th DCA· 2012-08-31
  Trapper John Animal Control sought contribution from Dr. Gilliard under Florida's Uniform Contribution Among Tortfeasors Act following settlement of a wrongful death action. The court held that Trapper John's initial settlement release with the estate did not extinguish Dr. Gilli
• Bruton v. Carnival Corp.
  712 F. Supp. 2d 206· S.D. Fla.· 2012-08-21
  The court held that it lacked federal jurisdiction to adjudicate a former attorney's charging lien because the dispute was not ancillary to the main litigation and did not arise from work performed in the case. Furthermore, under Florida law, the lien was defective due to untimel