Parol Evidence Rule

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

• W. Dexter Douglass and Terese v. Douglass
  9 So. 3d 636· Fla. 1st DCA· 2009-02-05 ·cited 28×
  The appellate court reversed a declaratory judgment in a contract dispute, finding that the trial court prematurely concluded the contract was unambiguous and failed to consider parol evidence or make necessary factual findings. The court remanded for further proceedings to deter
• Lab. Corp. OF Am. v. McKOWN
  829 So. 2d 311· Fla. 5th DCA· 2002-10-25 ·cited 28×
  Laboratory Corporation of America appeals a trial court judgment finding that Gerald McKown's written personal guarantee was ambiguous and that parol evidence showed no meeting of the minds on personal liability. The appellate court reverses, holding that the guarantee's language
• NCP Lake Power, Inc. v. Fla. Power Corp.
  781 So. 2d 531· Fla. 5th DCA· 2001-04-06 ·cited 28×
  NCP Lake Power appeals a breach of contract judgment, arguing the trial court calculated damages using an incorrect energy rate. The Fifth District reverses, holding that Lake is entitled to the firm energy rate for all hours the avoided pulverized coal unit operates (except main
• Land O'Sun Realty Ltd. v. Rewjb GAS Invs.
  685 So. 2d 870· Fla. 3d DCA· 1996-10-30 ·cited 28×
  Landlords appealed a declaratory judgment finding that a 27-year lease term controlled over an 18-month termination clause in the same agreement. The Third District affirmed, holding that the mutually repugnant provisions created an ambiguity requiring parol evidence to determine
• Bartmann v. Maverick Tube Corp. & Nucorp Supply, Inc.
  853 F.2d 1540· 10th Cir.· 1988-08-15 ·cited 28×
  The court held that a post-petition payment does not affect whether a debt was subject to a bona fide dispute on the petition filing date, and that a guaranty's language extending to successors and assigns is unambiguous. The court reversed the district court's order to grant the
• Empire GAS Corp. v. Am. Bakeries Co.
  840 F.2d 1333· 7th Cir.· 1988-02-16 ·cited 28×
  The court held that the jury instruction regarding the "unreasonably disproportionate" proviso in Illinois' Uniform Commercial Code § 2-306(1) was erroneous, requiring reversal and a new trial.
• Rodriguez v. Olin Corp.
  780 F.2d 491· 5th Cir.· 1986-01-08 ·cited 28×
  The court held that the trial court erred in excluding Olin's rebuttal testimony regarding corrosion fatigue entrapment, as it constituted new evidence, but affirmed the summary judgment for Olin against Hunter, finding the contract clearly shifted all risks.
• Computer Sys. Eng'g, Inc. v. Qantel Corp.
  740 F.2d 59· 1st Cir.· 1984-07-11 ·cited 28×
  The court concurs with the majority opinion but raises concerns about jury prejudice from punitive damages evidence and the need for sua sponte judicial intervention in cases of improper argument.
• Poulos v. Vordermeier
  327 So. 2d 245· Fla. 4th DCA· 1976-02-27 ·cited 28×
  Plaintiffs sued their insurance agent for negligent misrepresentation regarding automobile liability coverage limits. The trial court dismissed the complaint on statute of limitations grounds, but the appellate court reversed, holding that the statute of limitations bar did not c
• Keystone Aeronautics Corp. v. R. J. Enstrom Corp.
  499 F.2d 146· 3d Cir.· 1974-06-26 ·cited 28×
  A freely negotiated and clearly expressed waiver of strict liability under § 402A is permissible between business entities of equal bargaining strength, but the language used must be sufficiently particular to demonstrate this intent.
• Magill v. Westinghouse Elec. Corp.
  464 F.2d 294· 3d Cir.· 1972-07-14 ·cited 28×
  The court held that the jury's findings on liability were supported by sufficient evidence, but a new trial on damages was required due to the speculative nature of an earnings increase factor and an excessive survival action verdict.
• Gerhart v. Henry Disston & Sons, Inc.
  290 F.2d 778· 3d Cir.· 1961-04-28 ·cited 28×
  The court held that the trial court did not err in admitting parol evidence to clarify the ambiguous term 'liabilities' in the contract and that the improper admission of a former president's affidavit was harmless error.
• Hulda Elizabeth Evensen v. Pubco Petroleum Corp.
  274 F.2d 866· 10th Cir.· 1960-01-08 ·cited 28×
  The court held that the trial court did not err in its interpretation of the contract, despite technically misjudging the contract's ambiguity, because it considered extrinsic evidence and reached the correct factual conclusion regarding the parties' intent.
• Chaires v. Wright Brady
  10 Fla. 133· Fla.· 1862-01-01 ·cited 28×
  The Florida Supreme Court affirmed the dismissal of a bill seeking to redeem slaves allegedly mortgaged to the defendant, holding that an absolute deed of sale cannot be converted into a mortgage absent clear proof of fraud, accident, mistake, or trust, and that the evidence here
• V & M Erectors, Inc. v. The Middlesex Corp.
  867 So. 2d 1252· Fla. 4th DCA· 2004-03-17 ·cited 27×
  This case involves the interpretation of a release agreement between V & M Erectors and Middlesex Corporation following an accident on a bridge construction project. The appellate court determined the release was unambiguous and covered all claims arising from the accident, inclu
• Meza v. Gen. Battery Corp. & Provident Life & Accident Ins. Co.
  908 F.2d 1262· 5th Cir.· 1990-08-20 ·cited 27×
  The court held that a union's intent to represent former members does not automatically bind them to a prior judgment if they did not consent or authorize representation, and thus res judicata does not apply.
• Shiv B. Katara v. D.E. Jones Commodities, Inc.
  835 F.2d 966· 2d Cir.· 1987-12-14 ·cited 27×
  The court held that a fraud claim based on a representation of investment safety failed due to insufficient evidence and the higher burden of proof, but a fraud claim regarding margin requirements and a breach of contract claim based on oral modification warranted a new trial. Th
• Chase Manhattan Bank v. E.B. Rood
  698 F.2d 435· 11th Cir.· 1983-02-14 ·cited 27×
  The court held that parol evidence is inadmissible to contradict an unambiguous written guaranty, even if the guarantor claims a contemporaneous oral agreement induced its execution, unless that oral agreement is proven by clear, precise, and indubitable evidence.
• Interform Co. v. Mitchell
  575 F.2d 1270· 9th Cir.· 1978-05-03 ·cited 27×
  The court held that the trial court correctly determined the parties' intent regarding the contract for the first job and awarded damages for unjust enrichment for the second job, but erred in denying attorney's fees.
• Irwin H. Lawhorn v. The Atl. Ref. Co.
  299 F.2d 353· 5th Cir.· 1962-02-14 ·cited 27×
  A compulsory counterclaim under Rule 13(a) is not required when the opposing party's claim is dismissed on a Rule 12(b)(6) motion for failure to state a claim.
• State v. Uly O. Thompson
  121 Fla. 561· Fla.· 1935-11-14 ·cited 27×
  The court sustained a demurrer to a return in a case seeking a writ of ouster, holding that the respondent's attempt to collaterally attack legislative journals was inconsistent with prior rulings. The court clarified that while legislative journals are prima facie valid, they ca
• Perry v. Woodberry
  26 Fla. 84· Fla.· 1890-01-01 ·cited 27×
  This case addresses whether a county treasurer's official bond covers school funds under the custody of the County Treasurer but controlled by the Board of Public Instruction. The Florida Supreme Court held that the bond covers all moneys coming into the treasurer's hands by virt
• Nationstar Mortg. Co. v. Levine
  216 So. 3d 711· Fla. 4th DCA· 2017-04-12 ·cited 26×
  Nationstar Mortgage Company sought to foreclose on a reverse mortgage following the death of the original borrower, claiming the surviving spouse (Mrs. Levine) was not a borrower and therefore must vacate or pay off the loan. The trial court granted summary judgment for Mrs. Levi
• SCG Harbourwood, LLC v. Hanyan
  93 So. 3d 1197· Fla. 2d DCA· 2012-08-08 ·cited 26×
  SCG Harbourwood appeals a trial court's denial of its motion to compel arbitration, arguing that an arbitration opt-out provision in its nursing home contract with Eleanor Hanyan could only be exercised at the time of signing, not later. The appellate court reverses, holding that
• Prime Homes, Inc. v. Pine Lake, LLC
  84 So. 3d 1147· Fla. 4th DCA· 2012-03-28 ·cited 26×
  Prime Homes appeals a judgment finding it breached an assignment agreement with Pine Lake regarding the purchase of property and the payment of an additional fee for lots exceeding 166. The court affirms the trial court's interpretation of the ambiguous contract language requirin
• Tigg Corp. v. DOW Corning Corp.
  822 F.2d 358· 3d Cir.· 1987-06-15 ·cited 26×
  The court held that the district court erred in applying the parol evidence rule to exclude extrinsic evidence offered to support an alternative interpretation of the contract, and that such evidence should be considered to determine if the contract is reasonably susceptible to m
• Trnka v. Elanco Prods. Co.
  709 F.2d 1223· 8th Cir.· 1983-06-17 ·cited 26×
  The court held that a signed settlement agreement releasing the manufacturer from liability in exchange for a refund of herbicide was a binding contract, barring the plaintiff's subsequent claims.
• Milo Allett & Allstate Ins. Co. v. Hill
  422 So. 2d 1047· Fla. 4th DCA· 1982-12-01 ·cited 26×
  In this slip-and-fall case, the jury awarded substantial damages to plaintiffs against a landlord defendant. The appellate court reversed and remanded for retrial due to multiple compounding errors: allowing a last-minute amendment to add a breach of contract claim, admitting par
• Wellington E. Beneby v. Midland Nat'l Life Ins. Co.
  402 So. 2d 1193· Fla. 3d DCA· 1981-07-07 ·cited 26×
  Wellington Beneby, beneficiary of his wife's life insurance policy, challenged summary judgment in favor of Midland National Life Insurance Company on the insurer's affirmative defense of material misrepresentations. The Third District Court of Appeal reversed, holding that factu
• Broad v. Rockwell Int'l Corp.
  614 F.2d 418· 5th Cir.· 1980-03-24 ·cited 26×
  The court held that the indenture contract was ambiguous regarding debentureholders' conversion rights in a cash merger, and the jury should determine the issue. The court affirmed the denial of federal securities claims but remanded state law claims for trial.
• McCARTY v. Dade Div. OF Am. Hosp. Supply
  360 So. 2d 436· Fla. 3d DCA· 1978-06-20 ·cited 26×
  A cleaning employee of an independent contractor was injured when she slipped on a greasy floor in a hallway that the independent contractor was contractually obligated to clean. The court held that the property owner owes no duty to warn an independent contractor's employee of c
• ZIM v. W. Publ'g Co.
  573 F.2d 1318· 5th Cir.· 1978-06-02 ·cited 26×
  The court held that the parol evidence rule barred extrinsic evidence to interpret an unambiguous contract term, that Western did not breach the contract by publishing one revised book due to Zim's unreasonable delay, but did breach by publishing another without approval, and tha
• BAW Mfg. Co. v. Slaks Fifth Ave., Ltd.
  547 F.2d 928· 5th Cir.· 1977-02-28 ·cited 26×
  The court held that summary judgment was proper for the assembly work but improper for the conversion claim, and that the award of attorneys' fees was valid.
• The W. Union Tel. Co. v. Fed. Commc'ns Comm'n & United States
  541 F.2d 346· 3d Cir.· 1976-07-28 ·cited 26×
  The court held that the FCC acted within its statutory authority in concluding that exchange of facilities contracts did not cover FX and CCSA services, and that Western Union waived contract rights for domestic satellite service by accepting its authorization.
• Westinghouse Elec. Corp. v. CX Processing Labs., Inc.
  523 F.2d 668· 9th Cir.· 1975-08-28 ·cited 26×
  The court held that CX failed to present sufficient evidence for its antitrust claims and that the trial court did not err in admitting parol evidence or in its jury instructions and rulings on freight charges and interest.
• Hellenic Lines, Ltd. v. United States
  512 F.2d 1196· 2d Cir.· 1975-03-07 ·cited 26×
  The court held that the carrier's stops at Norfolk and Brooklyn for additional cargo constituted a voluntary unreasonable deviation, entitling the government to recover prepaid freight and additional costs.
• Associated Milk Dealers, Inc. v. Milk Drivers Union
  422 F.2d 546· 7th Cir.· 1970-02-06 ·cited 26×
  The court held that genuine issues of material fact exist regarding the duty to arbitrate and the legality of the 'most favored nation' clause under antitrust laws, precluding summary judgment.
• First Mortg. Corp. OF Stuart v. Mary L. deGIVE
  177 So. 2d 741· Fla. 2d DCA· 1965-08-06 ·cited 26×
  First Mortgage Corporation appeals a summary decree dismissing its complaint seeking to enforce a mortgage on a purchaser's interest in a contract for the sale of real property. The court holds that although the underlying instruments constitute a valid mortgage on the purchaser'
• Sperry Rand Corp. v. Indus. Supply Corp.
  337 F.2d 363· 5th Cir.· 1964-10-05 ·cited 26×
  The court held that an integration clause does not preclude recovery on an implied warranty of fitness for a known purpose, and that the equipment was not fit for the intended use.
• Century Ref. Co. v. Hall
  316 F.2d 15· 10th Cir.· 1963-03-14 ·cited 26×
  The court held that the trial court correctly submitted to the jury the question of whether the parties intended to include direct sales to specified dealers in calculating the refund under the original contract, and affirmed the judgment on that claim. The court also affirmed th
• Lewis v. Lowry
  295 F.2d 197· 4th Cir.· 1961-09-16 ·cited 26×
  The court held that summary judgment was inappropriate because factual issues remained regarding whether the collective bargaining agreement was a pretensive sham or a valid contract.
• American-Foreign S.S. Corp. v. United States
  291 F.2d 598· 2d Cir.· 1961-05-26 ·cited 26×
  The court held that the "final audit" in Clause 13 refers to the yearly settlement of profits, not a final settlement of all disputes. Therefore, claims for overpayment accrued at the time of overpayment, not at some indefinite future date.
• Paradise Beach Homes, Inc v. S. Atl. Lumber Co., Inc.
  118 So. 2d 825· Fla. 1st DCA· 1960-03-17 ·cited 26×
  In this mortgage foreclosure appeal, the Florida District Court of Appeal reversed the trial court's exclusion of parol evidence that defendant had agreed to a conditional delivery of the promissory note and mortgage pending adjustment to reflect the true indebtedness owed. The c
• Murray v. Gadsden
  197 F.2d 194· D.C. Cir.· 1952-05-22 ·cited 26×
  The court held that the parol evidence rule does not bar extrinsic evidence to show the true intent of parties executing joint account agreements, and that such agreements are not conclusive as to a present gift if the intent was for convenience or testamentary disposition.
• Black v. Shondell
  174 F.2d 587· 8th Cir.· 1949-04-29 ·cited 26×
  The court held that the defendant waived the defense of failure to state a claim and that the sufficiency of the evidence was not reviewable without a motion for directed verdict. The court also found that parol evidence was admissible and that the trial court did not err in refu
• Lelia Roper v. Fla. Pub. Utils. Co.
  131 Fla. 709· Fla.· 1938-03-08 ·cited 26×
  Mrs. Roper sought damages from Florida Public Utilities Company for her husband's death caused by contact with a live wire. The court held that while Mrs. Roper executed a release agreement with Neal Lumber and Manufacturing Company (the actual tortfeasor), that release barred he
• Milton v. Burton
  79 Fla. 266· Fla.· 1920-03-19 ·cited 26×
  Milton, as surety on a bond guaranteeing Clark's performance as an insurance agent for Burton, appealed a judgment finding him liable for Clark's debts. The Florida Supreme Court affirmed, holding that parol evidence of an oral agreement regarding Clark's acceptance of notes was
• Elma G. Brown v. Avery
  63 Fla. 355· Fla.· 1912-01-01 ·cited 26×
  The Florida Supreme Court held that a document executed without subscribing witnesses could be admitted to probate as a codicil to a will insofar as it disposed of personal property, even though it was ineffective as to real estate. The court adopted the rule that parol evidence
• Lavine Mendelson v. Great W. Bank
  712 So. 2d 1194· Fla. 2d DCA· 1998-06-19 ·cited 25×
  A former husband challenged a mortgage foreclosure on property he co-owned as a tenant in common, arguing he did not execute the mortgage and the mortgagee had actual knowledge of his interest.
• THE Race, Inc. v. Lake & River Recreational Props., Inc.
  573 So. 2d 409· Fla. 1st DCA· 1991-01-23 ·cited 25×
  The Race, Inc. appeals a summary judgment entered in favor of Lake & River Recreational Properties, Inc. on a mortgage note default claim. The appellate court reversed, holding that the mortgagee failed to conclusively refute the mortgagor's affirmative defenses of failure of con