Parol Evidence Rule

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

• 3679 Waters Ave. Corp. v. Water St. Ovens, Ltd.
  779 So. 2d 349· Fla. 2d DCA· 2000-02-18
  The lease is ambiguous regarding the landlord's renovation obligations, requiring parol evidence to determine intent.
• Guetzloe v. Rowell
  734 So. 2d 467· Fla. 5th DCA· 1999-05-07
• Worldwide Aeronautical Indus., Inc. v. Lloyd's Underwriters
  734 So. 2d 1092· Fla. 2d DCA· 1999-04-14
  Lienholders of a destroyed aircraft sought recovery under an all-risks hull insurance policy issued by Lloyd's to the aircraft's owner. The trial court granted summary judgment for Lloyd's, finding the lienholders lacked standing as non-named insureds and could not recover as thi
• Jones Boat Yard, Inc. v. Jones
  728 So. 2d 364· Fla. 3d DCA· 1999-03-24
• Davis v. McDonald's Corp.
  44 F. Supp. 2d 1251· N.D. Fla.· 1998-03-30
  Summary judgment is granted in part for McDonald's, finding that the franchise agreements expressly disclaimed any protected territory and that the alleged pre-formation misrepresentations were not reasonably relied upon.
• Toyota Motor Credit Corp. v. Dollar Enters., Inc.
  702 So. 2d 1319· Fla. 3d DCA· 1997-11-26
  Toyota Motor Credit Corporation and Dade Towing settled a dispute by agreement providing for Toyota to pay $5,500 plus reasonable attorneys' fees to be determined by the court. The dispute centered on whether the settlement agreement unambiguously obligated Toyota to pay attorney
• Global Access Ltd. v. AT&T Corp.
  978 F. Supp. 1068· S.D. Fla.· 1997-08-18
  A common carrier cannot unilaterally modify the terms of a contract tariff filed with the FCC if the modification is contrary to the original agreement and lacks customer consent, as such amendments are a nullity under the Sierra-Mobile doctrine.
• Ernestine Y. Nuttall v. Jesonis
  666 So. 2d 243· Fla. 2d DCA· 1996-01-05
  Ernestine Nuttall appeals a judgment against her personally on a promissory note, arguing she signed an extension agreement in her capacity as corporate president, not personally. The appellate court reverses, holding that parol evidence is admissible under Florida law to prove N
• Maltby v. Conner
  660 So. 2d 353· Fla. 5th DCA· 1995-09-08
  The court held that the trial court erred in authorizing a corrective deed without sufficient evidence and by improperly allocating the burden of proof.
• Levine v. Chem. Bank OF NEW Jersey, N.A.
  653 So. 2d 1148· Fla. 4th DCA· 1995-05-10
• Winslow v. First Union Nat'l Bank of Fla.
  639 So. 2d 86· Fla. 5th DCA· 1994-06-03
  Landlords appealed a summary judgment in favor of First Union Bank regarding whether the bank breached a ground lease by constructing improvements without obtaining the landlords' written approval. The court reversed and remanded, finding material factual disputes about whether t
• Developers Mgmt. Assocs., Inc. v. Eagle Creek Holdings, Inc.
  636 So. 2d 91· Fla. 2d DCA· 1994-03-30
  DMCo appealed a summary judgment invalidating a joint option to purchase Eagle Creek residual assets as an unreasonable restraint on alienation due to fixed price and indefinite term. The court reversed, holding that a material factual issue exists regarding whether the optionor'
• Belville Mining Co. v. United States
  999 F.2d 989· 6th Cir.· 1993-07-26
  The dissenting judge believes the deeds at issue do not grant the right to strip mine, as they lack clear language demonstrating intent to waive subjacent support or permit surface destruction.
• In re Bailey
  999 F.2d 236· 7th Cir.· 1993-07-14
  The court held that a mortgage is valid and entitled to priority even if there are minor technical variances between the mortgage and the secured notes, especially when the parties' intent to secure the notes is clear and the challenging party had notice of the lien.
• Getty Terminals Corp. v. Coastal OIL NEW England, Inc.
  995 F.2d 372· 2d Cir.· 1993-06-10
  A party who has waived the right to bill for taxes must provide reasonable notification to retract the waiver, and failure to do so means the waiver remains effective.
• McWATERS v. Parker
  995 F.2d 1366· 7th Cir.· 1993-05-20
  A release agreement is valid and bars a personal injury suit if the parties' mistake regarding the extent of injuries was unilateral, or if the plaintiff's reliance on alleged misrepresentations about the document's nature was unreasonable.
• Pension Benefit Guar. Corp. v. Am. Shelter Indus., Inc.
  M.D. Fla.· 1993-05-11
• Spaziani v. Bancroft
  618 So. 2d 744· Fla. 5th DCA· 1993-04-23
• W. Heritage Ins. Co. v. Chava Trucking, Inc.
  991 F.2d 651· 10th Cir.· 1993-04-19
  The court held that the 'truckmen' endorsement in the insurance policy provided coverage for the driver's negligence, and the insurer breached its duty to defend the insured.
• Nofziger Commc'ns, Inc. v. Birks
  989 F.2d 1227· D.C. Cir.· 1993-04-13
  The court held that extrinsic evidence could be considered to determine the trustee's intent in exercising options, precluding summary judgment.
• Otto Roberts v. Wells Fargo AG Credit Corp.
  990 F.2d 1169· 10th Cir.· 1993-04-12
  The court held that an alleged oral promise to renew a line of credit was unenforceable under the parol evidence rule and that the plaintiffs failed to establish fraud, breach of good faith, or economic duress.
• Ill. Cent. Gulf R.R. Co. v. R.R. Land, Inc.
  988 F.2d 1397· 5th Cir.· 1993-04-12
  The court held that the contractual negligence defense does not bar reformation when mutual mistake is proven, and affirmed the district court's grant of reformation based on clear proof of an antecedent agreement and mutual mistake in its reduction to writing.
• Richards v. Gen. Motors Corp.
  991 F.2d 1227· 6th Cir.· 1993-04-05
  The court held that plaintiff's state law claims for wrongful discharge and intentional infliction of emotional distress were properly dismissed as he was an at-will employee, but his ERISA claims for breach of fiduciary duty and retaliatory discharge should not have been dismiss
• Margret REY v. Richard G.D. Lafferty
  990 F.2d 1379· 1st Cir.· 1993-03-30
  The court held that the Ancillary Products Agreement (APA) governed the licensing of books and videos derived from the "Curious George" television episodes, not the Revised Rey License (RRL) or Revised Milktrain Agreement (RMA), and thus royalties were owed to Rey.
• Koch Hydrocarbon Co. v. MDU Res. Grp., Inc.
  988 F.2d 1529· 8th Cir.· 1993-03-15
  The court held that the McKenzie contract's price term upon deregulation was ambiguous and remanded for consideration of parol evidence, but affirmed the market price determination for damages. The court also affirmed damages based on the capacity of the Phillips plant and affirm
• The Trs. OF First Union Real Est. Equity & Mortg. Invs. v. Mandell
  987 F.2d 1286· 7th Cir.· 1993-03-09
  The court held that the phrase "and any period thereof" in the ground lease's percentage rent clause refers to the underlying lease term, not just the initial term, meaning percentage rent is due during lease extensions.
• In re Newport Plaza Assocs., L.P. v. Durfee Attleboro Bank
  985 F.2d 640· 1st Cir.· 1993-02-16
  A subsequent written contract that directly contradicts and supersedes a prior oral agreement is enforceable, and the parties' intent is determined by the unambiguous language of the written contract.
• LA Crosse Cnty. v. Gershman
  982 F.2d 1171· 7th Cir.· 1993-01-07
  The court held that the admission of county supervisors' testimony regarding their motivations was error but harmless, and that the county could recover damages for professional negligence.
• E & S Agency OF Fla., Inc. v. Ratcliff Welding & Fabrication, Inc.
  609 So. 2d 180· Fla. 3d DCA· 1992-12-22
• Bus. Credit Leasing v. City OF Biddeford
  978 F.2d 767· 1st Cir.· 1992-11-02
  The court held that the district court did not err in refusing to set aside the default judgment against ISI.
• Boyert v. Laszlo N. Tauber
  973 F.2d 370· 4th Cir.· 1992-08-25
  Neither parol evidence nor partial performance can identify a broker when the writing refers to 'outside brokers' without naming them, thus precluding a commission claim.
• Boggan v. Data Sys. Network Corp.
  969 F.2d 149· 5th Cir.· 1992-08-25
  The court held that there was insufficient evidence to support the jury's verdict for fraudulent inducement because the plaintiff failed to prove any misrepresentations of material fact or justifiable reliance.
• Mutz v. Citizens State Bank OF Maryville
  966 F.2d 434· 8th Cir.· 1992-06-12
  The mutual release signed by the parties was unambiguous and barred the plaintiffs' suit.
• Childers OIL Co. v. Exxon Corp.
  960 F.2d 1265· 4th Cir.· 1992-04-03
  The court held that the appellants' fraud claim against Exxon was barred by the statute of limitations because they knew or should have known of their injury and the injurer when Exxon began building a competing service station.
• Needle v. First Union Nat'l Bank OF Fla.
  595 So. 2d 288· Fla. 4th DCA· 1992-03-18
  Robert Needle appeals a summary judgment in favor of First Union National Bank on two promissory notes totaling approximately $176,000. The court affirmed summary judgment on the first note but reversed as to the second note due to lack of proof of the amount due, and remanded fo
• Williams v. Fed. Land Bank OF Jackson
  954 F.2d 774· D.C. Cir.· 1992-02-04
  The court held that the plaintiff's claims failed because the lenders' actions were justified by federal statute and regulations, and no fiduciary duty or breach of contract was established under Mississippi law.
• Sunset Centres Ltd. P'ship v. Star Value Boynton, Inc.
  592 So. 2d 366· Fla. 4th DCA· 1992-01-22
  Sunset Centres appealed a summary judgment allowing tenant Star Value to expand its retail business to include pharmacy services and videotape rental/sales. The court affirmed the summary judgment permitting videotape sales but reversed and remanded the pharmacy portion, finding
• James A. Cummings, Inc. v. Young
  589 So. 2d 950· Fla. 3d DCA· 1991-10-29
  In this mechanics lien foreclosure case, the appellate court affirmed in part, reversed in part, and remanded in part, addressing disputes between a general contractor and subcontractor over allegedly incomplete work. The court held that while an architect's binding interpretatio
• Guam Hakubotan, Inc. v. Furusawa Inv. Corp.
  947 F.2d 398· 9th Cir.· 1991-10-17
  The court held that a warranty deed executed as part of a loan extension agreement, which transferred ownership and extinguished the debt upon default, constituted a valid conditional sale, not a disguised mortgage.
• Kitazawa v. SLI Indus., Inc.
  932 F.2d 1270· 8th Cir.· 1991-05-15
  The court held that no contract existed because a condition precedent to its effectiveness was never met.
• Hancock v. Brumer
  580 So. 2d 782· Fla. 3d DCA· 1991-04-09
  The court held that the contract provision regarding an additional ten percent fee for appellate services was ambiguous and required consideration of parol evidence, precluding summary judgment.
• Allen v. Nash-Finch Co.
  927 F.2d 420· 8th Cir.· 1991-03-07
  The court held that the lease language was not ambiguous regarding the requirement for continuous operation of a supermarket.
• Crescent OIL & Shipping Servs., Ltd. v. Phibro Energy, Inc.
  929 F.2d 49· 2d Cir.· 1991-02-28
  The court held that the parties' conduct and statements indicated two discharge ports, leading to a more reasonable and equitable interpretation of the contract.
• Nichols v. Shelter Life Ins. Co.
  923 F.2d 1158· 5th Cir.· 1991-02-21
  The court held that the evidence was insufficient under Mississippi law to support the submission of the punitive damage issue to the jury.
• Wilson v. Mass. Indem. & Life Ins. Co.
  920 F.2d 1548· 10th Cir.· 1990-12-12
  The court held that parol evidence is inadmissible to vary the terms of a clear written insurance application and receipt, and that the plaintiff failed to raise a genuine issue of material fact regarding her husband's insurability or damages from alleged delays.
• Ackley State Bank v. Thielke
  920 F.2d 521· 8th Cir.· 1990-12-03
  The court held that the district court did not err in finding that Samuel Thielke had no present vested interest in the joint bank accounts, and therefore the bank could not set off Samuel's debts against those accounts.
• United States v. Ranaldo J. Gamble
  917 F.2d 1280· 10th Cir.· 1990-10-29
  The court held that a clear and unambiguous written plea agreement cannot be altered by parol evidence of an alleged oral promise, especially when the defendant acknowledged the judge's sole discretion in sentencing.
• Parich v. Parich
  919 F.2d 906· 5th Cir.· 1990-10-19
  The court held that a post-judgment agreement between an insured and a claimant, involving a partial payment and assignment of rights against the insurer, constituted a valid compromise releasing the insured from further liability. The insurer's liability is limited to the excess
• Holloway v. Polk Cnty.
  568 So. 2d 82· Fla. 2d DCA· 1990-10-05
  The Holloways appealed an order granting Polk County's motion for involuntary dismissal in a suit to enforce a reverter provision for property deeded to the county for road construction. The court reversed, holding that the trial court erred by interpreting an ambiguous contract
• Hermes Automation Tech., Inc. v. Hyundai Elecs. Indus. Co., Ltd.
  915 F.2d 739· 1st Cir.· 1990-09-24
  The court held that the settlement agreement did not unambiguously release Hyundai Electronics Industries (HEI) from independent claims, and extrinsic evidence should be considered to determine the parties' intent. Derivative claims against HEI for Hyundai Electronics America's (