Voidable Contract

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

• Double AA Int'l Inv. Grp., Inc. v. Swire Pac. Holdings, Inc.
  674 F. Supp. 2d 1344· S.D. Fla.· 2009-12-15 ·cited 3×
  The court held that Swire's failure to establish two separate escrow accounts as required by Fla. Stat. § 718.202 rendered the purchase agreement voidable by the buyer, entitling the buyer to a refund of their deposit.
• The Dist. Bd. OF Trs. v. Morgan
  890 So. 2d 1155· Fla. 5th DCA· 2004-12-17 ·cited 3×
  The Fifth District Court of Appeal affirmed a judgment in favor of an architectural partnership that sued for payment despite failing to obtain a required certificate of authorization. The court held that contracts violating Florida's certificate of authorization requirement are
• Jackson v. BellSouth Telecomms., Inc.
  2001 WL 1658587· S.D. Fla.· 2001-09-17 ·cited 3×
  The court held that plaintiffs' Section 1981 claim against the Ruden McClosky defendants could proceed based on allegations of disparate treatment, but the claim against BellSouth was dismissed. Federal and state RICO claims were dismissed for failure to sufficiently allege conti
• Flaherty v. Flaherty
  128 So. 3d 920· Fla. 2d DCA· 2013-12-20 ·cited 2×
  The Second District Court of Appeal reversed the trial court's determination that a prenuptial agreement was valid and enforceable, holding that equitable defenses of ratification and laches do not apply to validate a voidable prenuptial agreement based on a spouse's failure to c
• Halifax Paving, Inc. v. United States Fire Ins.
  481 F. Supp. 2d 1331· M.D. Fla.· 2007-04-06 ·cited 2×
  The court held that the letter agreement between Halifax and VCC constituted payment for the invoices, and therefore U.S. Fire, as surety, was not liable on the payment bond for those amounts.
• In re Allegheny Int'l, Inc.
  954 F.2d 167· 3d Cir.· 1992-01-21 ·cited 2×
  The majority erred in remanding for trial on fraud and mistake defenses that were not properly raised in the lower courts.
• Albert Elia Bldg. Co., Inc. v. Am. Sterilizer Co.
  622 F.2d 655· 2d Cir.· 1980-06-02 ·cited 2×
  The court held that the trial judge failed to consider the issue of unilateral mistake and its effect on the contract, requiring remand for further findings.
• Evenline Constr. Corp. v. Miller's Plantation Dev. Co. & Jimmie B. Gregory
  349 So. 2d 686· Fla. 4th DCA· 1977-08-12 ·cited 2×
  The court held that a subsequent zoning ordinance materially and adversely affecting a contract's density provision made the contract voidable by the buyer.
• Crystal City v. DEL Monte Corp.
  463 F.2d 976· 5th Cir.· 1972-05-24 ·cited 2×
• City OF Coral Gables v. Weksler
  164 So. 2d 260· Fla. 3d DCA· 1964-05-26 ·cited 2×
  A city employee and pro-manager of a municipal golf course entered into a lease agreement with the city. Taxpayers challenged the lease as violating the city charter's conflict-of-interest provision. The court reversed the lower court's judgment, holding that the lease did not vi
• Knab Co., Inc. v. ST. Mary's Hosp., Inc.
  286 F.2d 854· 7th Cir.· 1961-02-03 ·cited 2×
  A contractor who continues with performance after a structural change, and fails to provide required cost records, is bound by the original contract price, even if the change was radical.
• Duncan Shaw Corp. v. Standard Mach. Co.
  196 F.2d 147· 1st Cir.· 1952-04-22 ·cited 2×
  A Rhode Island statute requiring director approval for certain corporate contracts is inapplicable when the contract is between two corporations with no common directors, even if an intermediary corporation with common directors is involved, especially when the stockholders of th
• Toobert v. Woods
  174 F.2d 861· 9th Cir.· 1949-05-07 ·cited 2×
  The court held that the appellant was not a 'landlord' under the rent regulations because he did not receive rent directly from the tenants, but rather received payments under a valid oral contract of sale and a subsequent oral lease from an intermediary.
• Carolina Tel. & Tel. Co., Inc. v. Johnson
  168 F.2d 489· 4th Cir.· 1948-05-12 ·cited 2×
  The court held that the corporation was not negligent in registering stock transfers, as it acted in accordance with court decrees and applicable statutes, and the minors' transfers were voidable, not void.
• Dedmon v. State Farm Mut. Auto. Ins. Co.
  408 So. 2d 822· Fla. 3d DCA· 1982-01-19 ·cited 1×
  Marianne Dedmon's insurance policy with State Farm was not validly cancelled when she signed a change request form on January 2, 1979, under a mistaken understanding of its effect. The court reversed the trial court's judgment notwithstanding the jury verdict and directed entry o
• Orange Motors OF Miami, Inc. v. Miami Nat'l Bank
  227 So. 2d 717· Fla. 3d DCA· 1969-10-21 ·cited 1×
  Orange Motors sold an automobile under a retain title agreement signed by Diwaldo Morales (a minor) and Julia Morales. Orange Motors assigned the agreement to Miami National Bank without recourse, but with exceptions allowing full recourse if the agreement was invalid or unenforc
• Indep. Life & Accident Ins. Co. v. Mitchell
  14 Fla. Supp. 15· Volusia Cty. Cir. Ct.· 1958-10-24 ·cited 1×
  In an interpleader action, the court determined that a 19-year-old minor had the legal capacity to name a beneficiary on life insurance policies he purchased, and that the named beneficiary Betty Jane Mitchell had an insurable interest in his life as his fiancée. The court reject
• Farnham v. Grindr, LLC
  M.D. Fla.· 2025-11-03
  The Court held that the arbitration agreement is enforceable, and thus the case is stayed pending arbitration, denying the motion to transfer venue as moot.
• Moreau v. Feld Motor Sports, Inc.
  M.D. Fla.· 2025-07-30
  The court held that releases signed by the plaintiff were ratified and enforceable against ordinary negligence claims, but not gross negligence claims. Summary judgment was granted in part and denied in part on various motions.
• Orellana v. Roblox Corp.
  M.D. Fla.· 2025-03-04
  The court granted Epic's motion to compel arbitration and granted in part and denied in part Sony's motion to compel arbitration.
• Morrison, M.D. v. Delray Med. Ctr., Inc
  S.D. Fla.· 2024-04-19
  The court held that the plaintiff could not, as a matter of law, have justifiably relied on the defendant's alleged misrepresentations during settlement negotiations because the parties were represented by counsel, in an antagonistic relationship, and resolving a dispute analogou
• State Farm Fla. Ins. Co. v. Joretha M. James
  374 So. 3d 934· Fla. 5th DCA· 2023-12-01
  A policyholder "incurs" tear-out costs under a homeowners insurance policy when she becomes liable for the expense by entering a reasonable repair contract, without requiring the contract to be non-voidable or requiring the policyholder to actually expend funds beforehand. An ins
• Sehoy Energy LP v. C.A. No. 12387-Vcg Albert Adriani
  Del. Ch.· 2021-06-16
  The court found that Albert Adriani fraudulently induced Sehoy Energy LP and Dean Ketcham to invest in his fund, Focus Fund. Adriani misrepresented the fund's investment strategy, leading the plaintiffs to believe it would invest in publicly traded securities, when in reality, he
• Long v. Touizer
  S.D. Fla.· 2021-02-11
  The court denied the defendants' motion to dismiss the third amended complaint, finding that the fraud, breach of contract, and unjust enrichment claims were sufficiently pleaded to survive dismissal.
• Off the Wall & Gameroom LLC v. Gabbai
  Fla. 4th DCA· 2020-08-12
  A minor cannot invoke the infancy defense to avoid a contract when the minor procured the contract through intentional fraudulent misrepresentation. The trial court erred in denying arbitration and in declaring the entire release and waiver unconscionable without evidence of both
• Lynch v. Gonzalez
  Del. Ch.· 2020-07-31
  The Delaware Court of Chancery held that the documents purporting to transfer 65% of a Delaware LLC's membership interests to an attorney were not binding contracts, as they were part of a sham transaction designed to satisfy Argentine regulations. The court found that the attorn
• Trascent Mgmt. Consulting, LLC v. Bouri
  Del. Ch.· 2018-09-10
  The court held that the defendant fraudulently induced the formation of the limited liability company and his employment agreement by making false representations about his departure from Time Warner and his personal wealth. Consequently, the court rescinded the employment agreem
• Indian Creek Country Club, Inc. v. Indian Creek Vill.
  211 So. 3d 230· Fla. 3d DCA· 2017-01-18
  Indian Creek Country Club appealed from a trial court's invalidation of special assessments imposed by Indian Creek Village and the voiding of a 1996 agreement between the parties. The appellate court affirmed the invalidation of the 2010 and 2011 special assessments as unsupport
• IN & FOR Kent Cnty. Tekstrom Inc.
  Del. Super. Ct.· 2006-07-31
  The appellate court affirmed in part and reversed in part the trial court's decision. The court affirmed the voidability of the contract due to misrepresentations, the invalidity of the liquidated damages clause as a penalty, the finding that Savla was an employee under the FLSA,
• Riedlinger v. Rousset
  910 So. 2d 302· Fla. 2d DCA· 2005-08-19
  Riedlinger sued Rousset for breach of a condominium sale contract based on worthless checks submitted as deposits. The trial court rescinded the contract based on Riedlinger's alleged failure to comply with Florida's Condominium Act disclosure requirements as a developer. The app
• Governing Bd. OF THE ST. Johns v. Cont'l Aerial Surveys, Inc.
  827 So. 2d 304· Fla. 5th DCA· 2002-09-06
  The St. Johns River Water Management District and Seminole County appealed the dismissal of their breach of contract claim against Continental Aerial Surveys, Inc. (a Tennessee corporation) for defective aerial mapping work. The court reversed, holding that the plaintiffs' mistak
• Native Homes, Inc. v. Stamm
  721 So. 2d 809· Fla. 5th DCA· 1998-12-11
  Native Homes and Wulff appeal a trial court decision voiding a construction contract due to mutual mistake regarding soil conditions, despite a contract provision allocating such costs to the buyer. The appellate court affirms the contract's voidability but reverses the denial of
• Abbadessa v. Moore Bus. Forms, Inc.
  987 F.2d 18· 1st Cir.· 1993-03-02
  The court held that plaintiffs ratified their resignation agreements by accepting benefits and failing to promptly repudiate them, even if signed under economic duress.
• Nyonteh v. Peoples Sec. Life Ins. Co.
  958 F.2d 42· 4th Cir.· 1992-02-07
  The court held that an incontestability clause applies to a voidable policy, and a reinstatement application can restart the contestability period, making the policy contestable due to material misrepresentations.
• In re Allied Supermarkets, Inc. v. Allied Supermarkets, Inc.
  951 F.2d 718· 6th Cir.· 1991-12-16
  The court affirmed the bankruptcy court's finding of fraud, holding that the gross profit figures provided by Allied misrepresented the Semaans' actual profits by excluding incidental fees, and that this misrepresentation was intentional and relied upon by the Semaans. The court
• Dant & Russell, Inc. v. Dillingham TUG & Barge Corp.
  895 F.2d 507· 9th Cir.· 1989-06-16
  The court should have considered Fireman's Fund's claim that its waiver of subrogation was procured by fraud.
• The Vill. AT Lake Boca RIO, Inc. v. Milici
  527 So. 2d 960· Fla. 4th DCA· 1988-07-06
• Bankers Life & Cas. v. Lewis
  516 So. 2d 1089· Fla. 5th DCA· 1987-12-17
  Bankers Life & Casualty appealed a judgment awarding compensatory and punitive damages to the Lewises for fraud in the sale of flood-prone property. The Lewises cross-appealed the denial of attorney's fees under Florida's Subdivided Land Sales Act, arguing the statute permits fee
• J.I. Hass Co., Inc. v. Jones-Teer
  755 F.2d 1264· 6th Cir.· 1985-03-06
  The court held that the subcontract unambiguously required the subcontractor to complete all painting, including remedial work, and that the subcontractor's refusal to perform this work justified the prime contractor's termination of the subcontract.
• Everman Nat'l Bank v. The United States
  756 F.2d 865· Fed. Cir.· 1985-02-28
  The court held that the bank's failure to confirm the borrower's permit status before disbursing the loan constituted negligent misrepresentation, providing a defense against FmHA liability.
• RUSTBROOK-S.C.B. (U.S.), Inc. v. Sauermann
  460 So. 2d 386· Fla. 2d DCA· 1984-11-02
  A condominium purchase contract is voidable by the purchaser within fifteen days after receiving the required documents, regardless of whether a signed receipt for those documents was provided.
• In re Wakefield v. Goldstein
  644 F.2d 707· 8th Cir.· 1981-03-20
  The court held that under Arkansas law, a usurious contract is voidable, not void, and a debtor's release of collateral constitutes a voluntary payment in satisfaction of the debt.
• Robertson v. Orval Robertson
  229 So. 2d 642· Fla. 3d DCA· 1969-12-23
  A father sued his adult son, a dentist, for breach of contract to repay educational expenses. The son had been a minor when the father agreed to fund his college and dental education, but later ratified the obligation in writing and through payments after reaching majority. The c
• Kimball v. Jones-Mahoney Corp.
  393 F.2d 724· 3d Cir.· 1968-05-01
  The court held that the plaintiff's act of cashing the deposit refund check, with knowledge of the seller's inability to convey merchantable title, constituted an objective manifestation of his intent to elect to void the contract.
• Severiano Jorge and Josephine Jorge v. Rosen
  208 So. 2d 644· Fla. 3d DCA· 1968-03-26
  Cuban nationals who fled to the United States and employed an accounting firm to handle their taxes sought a refund for losses from expropriation of their Cuban property. A contingent fee agreement providing 20% of tax savings was upheld as valid, notwithstanding a Treasury Depar
• Hunter v. Travelers Ins. Co.
  131 So. 2d 209· Fla. 2d DCA· 1961-06-07
  An administratrix sought to recover life insurance proceeds on behalf of a minor's estate, claiming the deceased minor lacked capacity to change the policy's beneficiary. The court held that changing a beneficiary is a contractual right, not a testamentary act, and affirmed the i
• Sears v. Broughton
  195 F.2d 95· 6th Cir.· 1952-02-08
  A minor employee's post-injury agreement to accept workers' compensation is voidable and does not estop them from pursuing a common law damages claim if they never formally elected to be covered by the Act prior to the injury.
• Joseph Martinelli & Co., Inc. v. Simon Siegel Co.
  176 F.2d 98· 1st Cir.· 1949-07-21
  A buyer's right to reject a shipment of perishable agricultural commodities due to the seller's fraud is not abrogated by the Perishable Agricultural Commodities Act, even if the sale was on an 'acceptance final' basis.
• Moore v. De Guire
  125 F.2d 486· 2d Cir.· 1942-01-15
  The court held that the plaintiff failed to prove a fiduciary breach by her attorney or the buyer, and thus the sale was not voidable.
• Painter v. Penn Mut. Life Ins. Co
  S.D. Fla.· 1923-03-24
  A widow sought to cancel a release she executed on her husband's life insurance policy, alleging the insurance company's agents fraudulently represented that other insurers had agreed to pay their policies in full and that a pending lawsuit over her husband's vital organs would b