Reliance On Misrepresentation

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

• Besett v. Basnett
  389 So. 2d 995· Fla.· 1980-10-23 ·cited 194×
  The Florida Supreme Court held that a plaintiff alleging fraudulent misrepresentation need not plead that they investigated the truth of the defendant's statements to state a cause of action, overruling prior precedent that required such allegations. The court adopted the Restate
• Rollins, Inc. v. Butland
  951 So. 2d 860· Fla. 2d DCA· 2006-12-15 ·cited 192×
  Rollins, Inc. and Orkin Exterminating Company appealed a class certification order in a consumer lawsuit involving allegations of deceptive practices related to termite treatment contracts. The Florida Second District Court of Appeal reversed the certification, holding that indiv
• Vista McCullers Joiner and Alton G. McCullers v. Carson McCULLERS
  158 Fla. 562· Fla.· 1947-01-28 ·cited 95×
  The Florida Supreme Court affirmed a decree canceling a deed whereby executors of an estate fraudulently induced beneficiaries to sell valuable timberland for grossly inadequate compensation by misrepresenting the land's value and timber content. The court held that active fraud
• United States v. Bush
  522 F.2d 641· 7th Cir.· 1975-09-04 ·cited 83×
  The court held that the defendant's conduct, involving a scheme to defraud the city by concealing his financial interest in a contract awarded by the city and using the mails in furtherance of that scheme, constituted mail fraud under 18 U.S.C. § 1341.
• Gilbert v. Nixon
  429 F.2d 348· 10th Cir.· 1970-04-03 ·cited 68×
  The court held that while some fractional oil and gas interests were securities, certain transactions were exempt from registration. Materiality of misrepresentations or omissions is key, and reliance is not required under Section 12(2).
• Lake Mabel Dev. Corp. v. Bird
  99 Fla. 253· Fla.· 1930-02-03 ·cited 67×
  Lake Mabel Development Corporation appeals a foreclosure decree, challenging the trial court's striking of its answer (including fraud and misrepresentation defenses) and the substitution of H. W. Bird as complainant. The Florida Supreme Court affirms, holding that the defendant
• ALL Fla. Sur. Co. v. Coker
  88 So. 2d 508· Fla.· 1956-06-20 ·cited 66×
  All Florida Surety Company sought reimbursement from subcontractors Coker and Wright under indemnity agreements after the principal contractor defaulted. Coker and Wright sought rescission, claiming the contractor Barber fraudulently misrepresented the nature of the documents. Th
• Zarrella v. Pac. Life Ins.
  755 F. Supp. 2d 1218· S.D. Fla.· 2010-11-10 ·cited 52×
  The court held that fraud-based claims fail for lack of particularity and reliance, the FDUTPA claim fails as it does not apply to insurers, unjust enrichment fails due to an express contract, negligence fails for lack of a legal duty, negligence per se fails due to no private ri
• Hart v. Marbury
  82 Fla. 317· Fla.· 1921-10-24 ·cited 48×
  Hart sold peanuts to Marbury & Beall at 6 cents per pound but repudiated the contract two weeks later. The buyers sued for breach, and Hart defended by claiming the buyers made fraudulent misrepresentations about the market price and stability of the 6-cent price. The court held
• Sonny Jack Harrell v. Branson
  344 So. 2d 604· Fla. 1st DCA· 1977-04-06 ·cited 47×
  Branson sought rescission of a warranty deed conveying property to Harrell and Harrell's unmarried partner (Branson's niece) based on fraudulent misrepresentation that they were married. The court affirmed rescission, holding that Harrell was liable for the fraudulent concealment
• B.F. Hirsch v. Enright Ref. Co., Inc.
  751 F.2d 628· 3d Cir.· 1984-12-31 ·cited 44×
  The court held that a corporate entity cannot be both the 'person' and the 'enterprise' under RICO § 1962(c), but affirmed the breach of contract and fraud judgments, remanding for consideration of a § 1962(a) claim.
• John R. Lewis Inc. v. Hal C. Newman
  446 F.2d 800· 5th Cir.· 1971-07-15 ·cited 38×
  The court held that the judgment must be modified to require plaintiffs to surrender the unregistered shares upon satisfaction of the award, but affirmed the judgment in all other respects.
• Fote v. Reitano
  46 So. 2d 891· Fla.· 1950-05-26 ·cited 37×
  The Florida Supreme Court reversed a lower court's rescission of a business sale contract. The court found that the buyers failed to prove they justifiably relied on the seller's alleged misrepresentations about the business's profits, a necessary element for rescission.
• Nat'l Labor Relations Bd. v. DAN Howard MFG. Co. & Dan Howard Sportswear, Inc.
  390 F.2d 304· 7th Cir.· 1968-01-12 ·cited 32×
  The court held that while the Company committed certain unfair labor practices under Section 8(a)(1), the authorization cards of two employees were invalid, meaning the Union did not have majority support when recognition was requested, thus precluding an 8(a)(5) violation.
• Sutton v. Crane
  101 So. 2d 823· Fla. 2d DCA· 1958-03-26 ·cited 32×
  Sutton sued for rescission of a real estate contract, alleging fraud and misrepresentation by brokers Taylor and Crane regarding acreage and waterfront property. The court affirmed dismissal, holding that even if fraud occurred in the initial contract, Sutton's execution of an am
• Hiram M. Reed v. Riddle Airlines
  266 F.2d 314· 5th Cir.· 1959-04-23 ·cited 29×
  The court held that while a corporate insider owes a fiduciary duty to disclose material information affecting stock value, the evidence did not establish that the seller was induced to sell by misrepresentation or non-disclosure.
• In re Kaiser
  791 F.2d 73· 7th Cir.· 1986-05-13 ·cited 28×
  The court held that the land and utilitarian personal property were part of the bankrupt estate, but the ownership of decorative items required further hearing.
• Roosth v. Lincoln Nat'l Life Ins. Co.
  269 F.2d 171· 5th Cir.· 1959-07-30 ·cited 22×
  The court held that the evidence incontrovertibly established the facts required to support the instructed verdict, making it proper for the judge to direct a verdict.
• Scarborough v. Atl. Coast Line R. Co.
  190 F.2d 935· 4th Cir.· 1951-08-09 ·cited 22×
  The court held that the submission of complex, multi-part special issues to the jury was erroneous, requiring a new trial.
• In re Nucorp Energy Sec. Litig. v. Cont'l Ill. Nat'l Bank & Tr. Co. OF Chicago
  772 F.2d 1486· 9th Cir.· 1985-10-03 ·cited 20×
  Subsequent purchasers of securities do not automatically acquire the federal or state law causes of action of the original purchasers, as such causes of action are personal and require reliance and injury.
• Shee-Con, Inc. v. AL Seim Appraisal Serv., Inc.
  427 So. 2d 311· Fla. 5th DCA· 1983-02-23 ·cited 19×
  Shee-Con appeals the dismissal of its counterclaim for fraudulent misrepresentation against an appraisal service that allegedly failed to properly assess fire-damaged equipment, causing Shee-Con to repair rather than replace the equipment. The court reversed, holding that Shee-Co
• Winans v. Jed P. Weber, M.D.
  979 So. 2d 269· Fla. 2d DCA· 2007-12-14 ·cited 18×
  Dr. Weber sought payment from settlement proceeds for medical services rendered to Gordon Winans, who had health insurance through United Healthcare. The trial court awarded Dr. Weber the full amount of his bill based on a finding of waiver and equitable estoppel, but the appella
• Music Research, Inc. v. Vanguard Recording Soc'y, Inc.
  547 F.2d 192· 2d Cir.· 1976-12-30 ·cited 18×
  The court affirmed the jury's award of damages for fraud, finding that issues of limitations, reliance, and damages were properly submitted to the jury and supported by the evidence.
• Alford v. Summerlin
  423 So. 2d 482· Fla. 1st DCA· 1982-12-14 ·cited 17×
  In this medical malpractice wrongful death action, the Florida First District Court of Appeal affirmed summary judgment for the defendant physician based on the statute of limitations. The court held that the plaintiff failed to establish by evidence that he discovered the defend
• Magna Weld Sales Co., Inc. v. Magna Alloys & Research PTY. Ltd.
  545 F.2d 668· 9th Cir.· 1976-11-11 ·cited 17×
  The court held that while the finding of liability for fraudulent inducement was supported, the calculation of damages based on projected profits for the entire duration of the distributorship was erroneous.
• Peterson Indus., Inc. v. Lake View Tr. & Sav. Bank
  584 F.2d 166· 7th Cir.· 1978-08-30 ·cited 16×
  A bank's letter expressing confidence in a customer's viability, even if later inaccurate, does not constitute actionable misrepresentation if it contains opinions or if the recipient has independent knowledge of contrary facts. Furthermore, a bank has no duty to update such opin
• Garman v. Metro. Life Ins. Co.
  175 F.2d 24· 3d Cir.· 1949-05-18 ·cited 16×
  The court held that the insured's failure to disclose past medical consultations in his insurance application constituted 'equitable fraud' under New Jersey law, rendering the policy void.
• United States v. Kelley
  136 F.2d 823· 9th Cir.· 1943-06-28 ·cited 16×
  The court held that the evidence did not require a finding that the insurance policy was obtained by fraudulent misrepresentations, and thus the denial of motions for directed verdict and judgment notwithstanding the verdict was proper.
• Consol. Bearings Co. v. Ehret-Krohn Corp.
  913 F.2d 1224· 7th Cir.· 1990-09-20 ·cited 15×
  The court held that a jury could find Consolidated's 1975 statements about financial losses fraudulent and that Ehret's termination was wrongful, but that Ehret was not entitled to post-termination warehousing commissions.
• Martin v. Principal Mut. Life Ins. Co.
  557 So. 2d 128· Fla. 3d DCA· 1990-02-13 ·cited 15×
  A disabled police officer sued his disability insurer for fraud and misrepresentation regarding policy coverage. The trial court dismissed the complaint with prejudice without stated grounds, but the appellate court reversed, holding that the complaint adequately alleged fraud an
• Robinson v. Mitchel Kalmanson
  882 So. 2d 1086· Fla. 5th DCA· 2004-09-17 ·cited 14×
  Former wife appealed an order granting former husband's motion for summary judgment on her rule 12.540 motion to vacate a dissolution judgment based on alleged fraud and misrepresentation. The court reversed, holding that fraud claims generally require a full evidentiary hearing
• Johnson v. Honeywell Info. Sys., Inc.
  955 F.2d 409· 6th Cir.· 1992-01-30 ·cited 14×
  An employer may rely on employee misconduct discovered after termination as a defense to wrongful discharge, and after-acquired evidence of resume fraud bars relief under the Elliott-Larsen Civil Rights Act.
• Chino Elec., Inc. v. United States Fid. & Guar. Co.
  578 So. 2d 320· Fla. 3d DCA· 1991-03-26 ·cited 14×
  Chino Electric sued for fraudulent misrepresentation after a surety company's claims agent falsely told it that the time to file a claim against a bond had expired, when in fact the deadline was still one month away. The court held that the agent's false statement about the bond'
• Cas-Kay Enters., Inc. v. Snapper Creek Trading Ctr., Inc.
  453 So. 2d 1147· Fla. 3d DCA· 1984-07-10 ·cited 14×
  Florida appellate court reversed dismissal of rescission action and foreclosure summary judgment, holding that an integration clause does not bar fraud-based rescission claims and that a party need not investigate obvious falsities to rely on misrepresentations.
• Upledger v. Vilanor Inc.
  369 So. 2d 427· Fla. 2d DCA· 1979-04-04 ·cited 13×
  Purchasers of an apartment building sued sellers for fraudulent misrepresentation regarding rental amounts and lease terms. The court reversed summary judgment for the sellers, holding that a party who makes knowing false statements cannot escape liability by claiming the deceive
• Bibb v. Bickford
  149 So. 2d 592· Fla. 1st DCA· 1963-01-17 ·cited 13×
  The First District Court of Appeal of Florida affirmed the dismissal of a complaint, holding that the plaintiff failed to state a cause of action for fraud and deceit. The court found that even if the allegations of misrepresentation were true, the plaintiff's mother's right to d
• Agristor Leasing v. Janies Saylor and Kaaren Saylor
  803 F.2d 1401· 6th Cir.· 1986-10-21 ·cited 12×
  A contractual disclaimer of reliance can be competent evidence on the issue of whether a plaintiff relied on alleged misrepresentations in a fraudulent misrepresentation claim.
• Bush v. Remington Rand, Inc.
  213 F.2d 456· 2d Cir.· 1954-05-25 ·cited 12×
  The court held that the defendant waived its right to dismiss the action under Rule 25(a) by unduly delaying its objection, and that the trial court did not err in its findings regarding estoppel, statutes of limitations, the value of patent use, or the award of interest.
• Fid. & Deposit Co. of Md. v. Krout
  157 F.2d 912· 2d Cir.· 1946-11-08 ·cited 12×
  The court held that the trial court did not err in allowing an amendment to conform to the proof and that the defendant waived his right to a jury trial. The court also found sufficient evidence of reliance on the defendant's misrepresentations.
• Dova v. Hancock
  88 Fla. 503· Fla.· 1924-12-20 ·cited 12×
  This case involves a creditor seeking to set aside a deed transferring property from a husband to his wife, alleging fraud based on the withholding of the deed from record and false representations of ownership. The court reversed the lower court's decision, finding insufficient
• Curtis Neel and his wife Mattie Neel v. M. B. Rudman and his wife Josephine Davis Rudman
  160 Fla. 36· Fla.· 1948-01-13 ·cited 11×
  Plaintiffs executed a mineral deed transferring one-half of their oil and gas royalty interests to Rudman after he represented himself as a Sun Oil Company agent and claimed he was only purchasing a royalty interest. The plaintiffs later discovered the document transferred perpet
• Major OIL Corp. v. The Equitable Life Assurance Soc'y OF the United States
  457 F.2d 596· 10th Cir.· 1972-03-29 ·cited 10×
  The court held that the insurer had sufficient notice of the insured's misrepresentations regarding his health, preventing it from voiding the policy based on those misrepresentations.
• Morgan v. Graham
  228 F.2d 625· 10th Cir.· 1956-01-03 ·cited 10×
  The court held that the action was one for damages due to fraudulent acts, not perjury, and that the plaintiff suffered damages despite a pending claim with the insurer's receiver.
• Amoco Oil Co. v. Gomez
  125 F. Supp. 2d 492· S.D. Fla.· 2000-12-19 ·cited 9×
  The court denied Amoco's motion for summary judgment on its breach of contract claims, finding genuine issues of material fact regarding Gomez's affirmative defenses. The court granted in part Amoco's motion for summary judgment on Gomez's counterclaims, rejecting the duress and
• Pinzl v. Lapointe
  426 So. 2d 65· Fla. 5th DCA· 1983-02-02 ·cited 9×
• Lenos G. Cannon and Harry Singleton v. The Travelers Indem. Co.
  314 F.2d 657· 8th Cir.· 1963-03-11 ·cited 9×
  The court held that the trial court did not err in finding fraud in the procurement of the insurance policy and that the insurer did not waive its defense through unreasonable delay.
• Dziegielewski v. Scalero
  352 So. 3d 931· Fla. 5th DCA· 2022-12-09 ·cited 8×
  A real estate agent's affirmative oral representations that a buyer would receive exclusive use of three garage spaces, made after the agent was notified the association claimed only one space was conveyed, sufficiently alleged fraudulent inducement and negligent misrepresentatio
• BAY State Milling Co. v. Martin
  916 F.2d 1221· 7th Cir.· 1990-10-22 ·cited 8×
  The court held that the guaranty agreement clearly made Martin liable for all indebtedness incurred prior to his written notice of revocation, and that the jury's findings on misrepresentation, conversion, and punitive damages were supported by the evidence.
• Liberty Leather Corp. v. Callum
  653 F.2d 694· 1st Cir.· 1981-05-18 ·cited 8×
  The court held that a directed verdict for fraud was proper because the plaintiff failed to show actionable misrepresentations or reasonable reliance, and any error in directing a verdict for tortious interference was harmless due to the jury's finding that the defamatory stateme
• Howard v. Crawford & Co.
  384 So. 2d 1326· Fla. 1st DCA· 1980-06-24 ·cited 8×
  A claims adjuster allegedly defrauded a minor accident victim by misrepresenting her insurance policy limits, inducing her to settle for less than the full amount. The court reversed the judgment on the pleadings, holding that attorney's fees incurred to correct the fraud are rec