Reliance On Misrepresentation

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

• Hannah v. Belger
  436 F.2d 96· 5th Cir.· 1971-01-20 ·cited 8×
  The dissenting judge believes there was sufficient evidence to present a jury issue on the claims of fraud and the Hannahs' failure to exercise ordinary care.
• Kwong v. Occidental Life Ins. Co. of Cal.
  273 F.2d 691· 5th Cir.· 1959-12-30 ·cited 8×
  The court held that the trial court's findings of fact were not clearly erroneous and that the law was correctly applied, affirming the judgment for the insurer.
• Sulentich v. The Interlake S.S. Co.
  257 F.2d 316· 7th Cir.· 1958-06-24 ·cited 8×
  The court held that the jury instruction regarding the affirmative defense of misrepresentation was a correct statement of the law and properly given, and that the plaintiff failed to demonstrate prejudicial error on appeal.
• Nelson v. United States
  227 F.2d 21· D.C. Cir.· 1955-07-28 ·cited 8×
  The dissenting judge argues that the evidence did not support a conviction for false pretense because the defendant provided ample security for the purchase, negating intent to defraud and actual fraud.
• Sovereign Pocohontas Co. v. Bond
  120 F.2d 39· D.C. Cir.· 1941-06-02 ·cited 8×
  The court held that the evidence supported inferences that the defendants made untrue statements of objective fact in reckless disregard of the truth, or knowingly made untrue statements of subjective fact, constituting actionable fraud.
• Brent D. Schlapper, D.O. v. Maurer
  687 So. 2d 982· Fla. 5th DCA· 1997-02-19 ·cited 7×
  Dr. Schlapper appeals a trial court order vacating a final summary judgment that had dismissed him from a medical malpractice case. The court held that Dr. Schlapper's attorney's misrepresentation to opposing counsel about a critical factual matter—that Dr. Schlapper had no invol
• Batka v. Liberty Mut. Fire Ins. Co.
  704 F.2d 684· 3d Cir.· 1983-04-07 ·cited 6×
  The court held that the trial court erred in instructing the jury that the insurer only needed to prove its fraud defense by a preponderance of the evidence, when New Jersey law requires clear and convincing evidence for rescission of an insurance policy.
• Peerless Mills, Inc. v. Am. Tel. & Tel. Co.
  527 F.2d 445· 2d Cir.· 1975-11-26 ·cited 6×
  The court held that Cohn was a general partner, and Peerless failed to demonstrate reliance on any misrepresentation by the firm or intent for such misrepresentation to be conveyed to Peerless, thus affirming the dismissal of claims.
• City OF Homestead v. Daniel L. Watkins & the Indus. Relations Comm'n
  285 So. 2d 394· Fla.· 1973-11-07 ·cited 6×
  This case addresses whether a building inspector's false medical statements on an employment application bar him from workers' compensation benefits after suffering a back injury. The Florida Supreme Court held that when an employee knowingly misrepresents material health informa
• Eugen Hirsch v. Archer-Daniels-Midland Co.
  258 F.2d 44· 2d Cir.· 1958-07-10 ·cited 6×
  The court held that the plaintiff's allegations of fraudulent misrepresentation regarding the defendant's present intent to use the process, made at the time of signing a release, raised a genuine issue of material fact precluding summary judgment.
• Roux v. Indian Lumber Co.
  119 Fla. 280· Fla.· 1935-05-09 ·cited 6×
  E. T. Roux sued Indian Lumber Co. and individual endorsers of a promissory note after paying the note to Florida National Bank and receiving it without recourse. On remand from a prior reversal, the trial court directed a verdict for Roux against the corporate defendant but again
• Baker v. R.J. Reynolds Tobacco Co.
  158 So. 3d 732· Fla. 4th DCA· 2015-02-18 ·cited 5×
  Shirley Baker, as representative of her husband Elmer Baker's estate, sued R.J. Reynolds Tobacco Company for smoking-related death. The jury found Mr. Baker was a member of the Engle class (entitling plaintiff to certain binding findings about tobacco's conduct), but also found t
• Albertson v. Richardson-Merrell, Inc.
  441 So. 2d 1146· Fla. 4th DCA· 1983-11-16 ·cited 5×
  Parents of children born with birth defects alleged that Richardson-Merrell fraudulently misrepresented the safety of the drug Bendectin to physicians, who then prescribed it to pregnant women. The trial court dismissed the complaint, but the appellate court reversed, holding tha
• Am. Home Assurance Co. v. Phineas Corp.
  347 F. Supp. 2d 1231· M.D. Fla.· 2004-09-15 ·cited 4×
  The court held that summary judgment for the insurer on breach of contract was appropriate, as the insured's challenges to the final premium calculation were barred by administrative remedy exhaustion requirements and lacked merit. The court also vacated judgments against co-defe
• Dr. M.A. Mannish v. Lacayo
  496 So. 2d 242· Fla. 3d DCA· 1986-10-28 ·cited 4×
  Dr. Mannish appealed an adverse summary judgment and directed verdict in a fraud action against agents Lacayo and Stanojevich. The court reversed, holding that agents can be personally liable for fraudulent misrepresentations made within the scope of their agency, and that a plai
• Murray Rubens and Myrna Rubens v. Glinsky
  473 So. 2d 20· Fla. 3d DCA· 1985-07-23 ·cited 4×
• Design Pallets, Inc. v. Grayrobinson, P.A.
  515 F. Supp. 2d 1246· M.D. Fla.· 2007-08-06 ·cited 3×
  Design Pallets, Inc. and its shareholders sued GrayRobinson, P.A., alleging that the law firm's attorneys orchestrated a scheme to defraud them of control of a valuable patent through mail and wire fraud, RICO violations, legal malpractice, and breach of fiduciary duty. The attor
• Stev-Mar, Inc. v. Matvejs
  678 So. 2d 834· Fla. 3d DCA· 1996-07-03 ·cited 3×
  Stev-Mar, Inc. purchased unplatted property represented as a buildable homesite from Donna Matvejs through real estate agents Carico Real Estate Company and Carey Singer. The trial court granted summary judgment for defendants on fraud and misrepresentation claims, finding Stev-M
• Utah Power & Light Co. v. Fed. Ins. Co.
  983 F.2d 1549· 10th Cir.· 1993-01-26 ·cited 3×
  The court held that Utah Power & Light (UP & L) was an insured under International's policy, that International was estopped from rescinding the policy due to misrepresentations and omissions, and that International was barred from contesting the reasonableness of the settlement
• Entre Computer Ctrs., Inc. v. FMG OF Kan. City, Inc.
  819 F.2d 1279· 4th Cir.· 1987-06-04 ·cited 3×
  The court held that the denial of a new trial on breach of contract claims was an abuse of discretion due to excessive damages awarded by the jury.
• Joe's Creek Indus. Park, Inc. v. Loyal Am. Life Ins. Co.
  251 So. 2d 348· Fla. 2d DCA· 1971-06-25 ·cited 3×
  Joe's Creek Industrial Park appeals a summary judgment denying recovery on a life insurance policy issued to its lessee Bertrand, who died within the contestability period. The court affirms that material misrepresentations regarding Bertrand's undisclosed diabetic condition were
• J. Robert Brown under the Buckeye Rd. Tr. Agreement dated April 15 v. Chamax, LLC
  51 So. 3d 552· Fla. 2d DCA· 2010-12-22 ·cited 2×
  The Buckeye Road Trust appeals the dismissal of fraud claims against Chamax managers and owner. The court reversed the dismissal of claims alleging misrepresentation of actual costs, but affirmed dismissal of fraudulent inducement claims, and remanded for the trial court to consi
• Associated Indus. Ins. Co., Inc. v. State
  923 So. 2d 1252· Fla. 1st DCA· 2006-03-27 ·cited 2×
  Associated Industries Insurance Company appealed the trial court's denial of its claim for equitable estoppel against the Department of Financial Services regarding workers' compensation insurance assessments for calendar year 2000. The court affirmed the denial of AIIC's estoppe
• Regency Elec. Co. & CNA Ins. Co. v. Honrath
  673 So. 2d 897· Fla. 1st DCA· 1996-05-07 ·cited 2×
  Regency Electric Company and its insurance carrier CNA appealed a workers' compensation order finding them estopped from denying Florida jurisdiction over an employee's claim. The court reversed, holding that the claimant failed to prove the necessary elements of estoppel, partic
• MSA Tubular Prods. v. First Bank & Tr. Co.
  869 F.2d 1422· 10th Cir.· 1989-03-20 ·cited 2×
  A bank that voluntarily provides credit information about a depositor, even without a duty to do so, assumes a duty to respond truthfully and accurately.
• Vickers v. Shepard
  526 So. 2d 1016· Fla. 2d DCA· 1988-06-15 ·cited 2×
  Vickers purchased cattle from Shepard using loans from First National Bank, which were secured by cattle appraisals prepared without physical inspection. When Vickers defaulted and countersued for fraud, the trial court granted Shepard's summary judgment motion. The appellate cou
• In re Baldwin v. Baldwin
  578 F.2d 293· 10th Cir.· 1978-06-30 ·cited 2×
  A debt is excepted from discharge under § 17(a)(2) of the Bankruptcy Act if the creditor forbore property in reliance on the debtor's false representation that the debt would not be discharged.
• McCURLEY v. Auto-Owners INS. Co.
  356 So. 2d 68· Fla. 1st DCA· 1978-03-15 ·cited 2×
  Court reversed summary judgment dismissing fraud claim where insurer's agent allegedly misrepresented that a release covered only vehicle damage when it actually covered all claims including bodily injury.
• Abbate v. Nolan
  228 So. 2d 433· Fla. 4th DCA· 1969-11-26 ·cited 2×
  Abbate, a defendant in a fraud action, appealed summary judgment entered against him based on his refusal to testify at deposition on Fifth Amendment grounds and the trial court's reliance on the deceased plaintiff's affidavit. The court reversed, holding that a defendant cannot
• Scholz Homes, Inc. v. Lavern E. Larson and Roger E. Kilby
  411 F.2d 342· 7th Cir.· 1969-05-14 ·cited 2×
  The court held that the finding of fraud against Larson was clearly erroneous and reversed the judgment against him, while affirming the fraud finding against Roger Kilby but modifying the damages awarded.
• Jude v. Prudential Ins. Co. OF Am.
  407 F.2d 955· 6th Cir.· 1969-03-06 ·cited 2×
  The court held that the jury could reasonably conclude the insurance agent knew of the insured's alcoholism, thus precluding the insurer from voiding the policy based on false answers about drinking habits.
• Moore v. Mary Q. Midgette (as Personal Representative of Elizabeth Q. Parkerson
  375 F.2d 608· 4th Cir.· 1967-03-23 ·cited 2×
  The court held that while the seller's statement about income was false and intended to be acted upon, the buyers were not deceived because they had the means to verify the information and failed to do so diligently, thus barring rescission for fraud.
• United States v. Jeanice Stratton
  232 F.2d 880· 5th Cir.· 1956-05-08 ·cited 2×
  The court held that the trial court erred in setting aside the fact-findings of the jury and judge.
• Sobers Brooks v. Renita Henry
  46 Fla. L. Weekly D2089· Fla. 3d DCA· 2022-01-19 ·cited 1×
  Sobers Brooks appealed the dismissal with prejudice of his second amended complaint alleging fraud by omission against his former attorney, Renita Henry, based on an incomplete child support index calculation she sent to opposing counsel. The court affirmed the dismissal, finding
• Padilla v. Francy Padilla
  278 So. 3d 333· Fla. 3d DCA· 2019-09-04 ·cited 1×
  The appellate court reviewed a trial court's dismissal of a father's fraud claims against his daughter concerning a loan for her tuition. The court affirmed the dismissal of the fraud in the inducement claim but reversed the dismissal of the fraud claim based on alleged forgery,
• Mesher v. Combs
  685 So. 2d 1391· Fla. 4th DCA· 1997-01-15 ·cited 1×
  This case addresses the individual liability of corporate officers under Florida's Securities and Investor Protection Act. The trial court found that a corporation (HSSI) violated state securities law by making material misrepresentations to an investor, but failed to hold the in
• Nat'l Farmers Union Standard Ins. Co. v. Walker Stanley Morgan
  966 F.2d 1250· 8th Cir.· 1992-06-15 ·cited 1×
  The court held that prior findings that the driver knew he lacked permission to use the truck precluded relitigation of the permission issue under collateral estoppel, warranting summary judgment for the insurer.
• Bishop v. The Franklin Life Ins. Co.
  435 F.2d 173· 5th Cir.· 1970-12-10 ·cited 1×
  The court affirmed the judgment, adhering to the law of the case established in a prior appeal.
• Local Access, LLC v. Peerless Network, Inc.
  M.D. Fla.· 2023-12-15
  The court held that the contract unambiguously required outbound services, but lost profits from collateral contracts were barred by a limitation of liability clause and were too speculative. The contract was found ambiguous regarding exclusivity, and fraudulent inducement claims
• Metrocity Holdings, LLC v. Bank of Am., N.A.
  S.D. Fla.· 2023-09-18
  The court denied the defendant's motion to dismiss, finding the complaint adequately pled claims for negligent and fraudulent misrepresentation.
• Precision Wellness, LLC v. Demetech Corp.
  S.D. Fla.· 2023-08-24
  The court denied the plaintiff's motions for judgment as a matter of law and for a new trial, finding that the jury's verdict was supported by the evidence and that the procedural and substantive arguments raised by the plaintiff lacked merit.
• Nexlube Operating v. E D a Invs.
  Fla. 2d DCA· 2021-08-20
  This case involves a dispute over contract breaches and negligent misrepresentation related to an oil re-refining project. The appellate court reversed a portion of the lower court's judgment, finding that the jury's award of zero damages on NexLube's negligent misrepresentation
• Fuddruckers, Inc. v. Fudpucker's, Inc.
  436 F. Supp. 2d 1260· N.D. Fla.· 2006-05-25
  The court held that the fraud claim was time-barred and that the settlement agreements, particularly the interpretation of 'concurrent rights' as 'concurrent use,' governed the dispute, precluding underlying trademark infringement analysis.
• C.S.I.R. Enters., Inc. v. Sebrite Agency, Inc.
  214 F. Supp. 2d 1276· M.D. Fla.· 2002-07-09
  The court held that the plaintiff failed to plead its RICO claims with the required specificity, specifically by failing to establish the necessary predicate acts and a pattern of racketeering activity. However, the court found that the plaintiff sufficiently pleaded one instance
• Rhea Dawn Jones v. NEW York Life & Annuity Corp.
  985 F.2d 503· 10th Cir.· 1993-02-10
  An insured has a duty to read their insurance application before signing, and is bound by its contents, including misrepresentations made by the agent, unless specific exceptions apply. The insurer must prove statutory grounds for rescission.
• Roseburg Lumber Co. v. Madigan
  978 F.2d 660· Fed. Cir.· 1992-10-19
  The court held that while the Forest Service's misrepresentation of timber sale minimum bid rates was material, the plaintiff failed to prove it suffered injury as a result, and reformation was not appropriate under a mutual mistake theory.
• Edens v. Goodyear Tire & Rubber Co.
  858 F.2d 198· 4th Cir.· 1988-09-29
  A breach of contract accompanied by a fraudulent act requires proof of reliance on the misrepresentation, and without such proof, punitive damages cannot be awarded.
• Lynch v. Anne T. Cullen
  521 So. 2d 209· Fla. 3d DCA· 1988-02-16
• Delves v. Morehead
  512 So. 2d 1137· Fla. 1st DCA· 1987-09-23
  The court affirmed directed verdicts for defendants Morehead and Newton on claims of intentional interference with contract and theft by fraud, finding insufficient evidence that defendants made fraudulent representations to induce KVP to breach its contract with plaintiff Delves
• First Nat'l Bank & Tr. Co. of Bismarck v. Peterson
  720 F.2d 536· 8th Cir.· 1983-11-09
  The court held that the trial court did not commit clear error in finding that the defendant did not prove fraudulent inducement, and that the plaintiff was entitled to collect on the promissory note.