misrepresentation claim (Florida) · Go Syfert
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misrepresentation claim in Florida

13 Florida opinions name it 2 courts 1937–2018 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
Ramel v. Chasebrook Construction Companygreen
fladistctapp · 1961 · cited in 1 Florida opinions naming this issue, 2018–2018
1 sentence

2018Co., 135 So. 2d 876, 881-82 (Fla. 2d DCA 1961)). -7- It is not clear whether the trial court determined that Mr. Lottes' statement was one of opinion and thus could not form the basis of a misrepresentation claim or whether the trial court determined that Mr. Lottes' statement was actionable as an assertion of fact but that Mr. Lottes was nonetheless entitled to summary judgment on the Grimeses' claims of fraud and negligence.

11
UNC Aviation Services v. Hornegreen
fladistctapp · 2007 · cited in 1 Florida opinions naming this issue, 2009–2009
2 sentences

2009In UNC Aviation Services v. Home, a case that involved a pre-October 1, 2003, date of accident, the e/c also raised a misrepresentation defense; the JCC found it was not properly before him, however, and refused to consider it. 957 So.2d 698, 699 (Fla. 1st DCA 2007).

2009In UNC Aviation Services v. Horne, a case that involved a pre-October 1, 2003, date of accident, the e/c also raised a misrepresentation defense; the JCC found it was not properly before him, however, and refused to consider it. 957 So.2d 698, 699 (Fla. 1st DCA 2007).

11
Lance v. Wadegreen
fla · 1984 · cited in 1 Florida opinions naming this issue, 1994–1994
1 sentence

1994Lance v. Wade, 457 So.2d 1008, 1011 (Fla. 1984).

11
Carter v. Cessna Finance Corp.green
fladistctapp · 1986 · cited in 1 Florida opinions naming this issue, 1991–1991
1 sentence

1991See Landers v. Milton, 370 So.2d 368, 370 (Fla.1979); Carter v. Cessna Finance Corp., 498 So.2d 1319, 1320-21 (Fla. 4th DCA 1986); Pino v. Lopez, 361 So.2d 192, 193 (Fla. 3d DCA 1978).

11
Landers v. Miltongreen
fla · 1979 · cited in 1 Florida opinions naming this issue, 1991–1991
1 sentence

1991See Landers v. Milton, 370 So.2d 368, 370 (Fla.1979); Carter v. Cessna Finance Corp., 498 So.2d 1319, 1320-21 (Fla. 4th DCA 1986); Pino v. Lopez, 361 So.2d 192, 193 (Fla. 3d DCA 1978).

11
Pino v. Lopezgreen
fladistctapp · 1978 · cited in 1 Florida opinions naming this issue, 1991–1991
1 sentence

1991See Landers v. Milton, 370 So.2d 368, 370 (Fla.1979); Carter v. Cessna Finance Corp., 498 So.2d 1319, 1320-21 (Fla. 4th DCA 1986); Pino v. Lopez, 361 So.2d 192, 193 (Fla. 3d DCA 1978).

11
McGregor v. Provident Trust Co.green
fla · 1935 · cited in 1 Florida opinions naming this issue, 1990–1990
2 sentences

1990See McGregor v. Provident Trust Co., 119 Fla. 718 , 162 So. 323, 328 (1935); Mendelsund v. Southern-Aire Coats, 210 So.2d 229 (Fla. 3d DCA 1968). [8] Brunetti contends that Ocala admitted, in post-arbitration pleadings, that no award was made on the misrepresentation claim.

1990See McGregor v. Provident Trust Co., 119 Fla. 718 , 162 So. 323, 328 (1935); Mendelsund v. Southern-Aire Coats, 210 So.2d 229 (Fla. 3d DCA 1968). [8] Brunetti contends that Ocala admitted, in post-arbitration pleadings, that no award was made on the misrepresentation claim.

11
TRUCKING EMP. OF N. JERSEY WELFARE FUND, INC. v. Romanogreen
fla · 1984 · cited in 1 Florida opinions naming this issue, 1990–1990
1 sentence

1990See Trucking Employees of North Jersey Welfare Fund v. Romano, 450 So.2d 843, 845 (Fla. 1984). [7] Even if Brunetti were otherwise able to avail himself of the res judicata doctrine, in the present case the arbitrators' award did not state the basis of the award and made no specific finding on the merits of the contract and misrepresentation claims.

11
Doctors Associates, Inc. v. McCrorygreen
fladistctapp · 1987 · cited in 1 Florida opinions naming this issue, 1989–1989
1 sentence

1989See Doctors Associates, Inc. v. McCrory, 501 So.2d 126, 127 (Fla. 2d DCA 1987).

11
Potakar v. Hurtakgreen
fla · 1955 · cited in 1 Florida opinions naming this issue, 1983–1983
1 sentence

1983Compare Potakar v. Hurtak, 82 So.2d 502, 503-04 (Fla.1955).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Martin Company v. Carpenter green
fla · 1961
2 sentences

1992Concluding that the application of the misrepresentation defense based on Martin Co. v. Carpenter, 132 So.2d 400 (Fla.1961), is not supported by competent, substantial evidence, we reverse.

1984The employer/carrier (E/C) appeal a workers’ compensation order in which the deputy commissioner (deputy) found that the E/C failed to satisfy the elements of the misrepresentation defense as set forth in Martin Company v. Carpenter, 132 So.2d 400 (Fla.1961) and awarded benefits for a low back injury.

21984–1992
Dieujuste v. J. Dodd Plumbing, Inc. green
fladistctapp · 2009
2 sentences

2011Dodd Plumbing, Inc., 3 So.3d 1275 (Fla. 1st DCA 2009), that, although the basis of a misrepresentation defense must be a claimant’s oral or written statement, an employer/carrier can prove that statement constitutes misrepresentation by presenting evidence of the claimant’s nonverbal conduct inconsistent with that statement, and convincing a JCC of its veracity.

2011In Dieujuste , this court reversed the finding of misrepresentation because a video surveillance constituted the only evidence in the record of Claimant’s condition and “there was nothing on the [surveillance] video which was inconsistent with Claimant’s statements or presentation to them, and Claimant’s activities in the video were consistent with his objective, painful knee condition.” Id. at 1277 .

12011–2011
Michael Robinson v. Hartzell Propeller, Inc. green
ca3 · 2006
2 sentences

2010Id. at 174 .

2010Id.

12010–2010
Pridgen v. Parker Hannifin Corp. green
pa · 2006
1 sentence

2010Id. at 423 n. 14.

12010–2010
DF v. Department of Revenue Ex Rel. LF green
fla · 2002
1 sentence

2003As I stated in my concurrence in D.F., 823 So.2d at 101-03 , this area of the law involves complex policy issues and many differing factual patterns.

12003–2003
Mendelsund v. Southern-Aire Coats of Florida, Inc. green
fladistctapp · 1968
1 sentence

1990See McGregor v. Provident Trust Co., 119 Fla. 718 , 162 So. 323, 328 (1935); Mendelsund v. Southern-Aire Coats, 210 So.2d 229 (Fla. 3d DCA 1968). [8] Brunetti contends that Ocala admitted, in post-arbitration pleadings, that no award was made on the misrepresentation claim.

11990–1990
Hyer v. York Manufacturing Co. neutral
fla · 1909
1 sentence

1937Co., 58 Fla. 283 , 50 Sou. 485 .

11937–1937
Franklin Phosphate Co. v. International Harvester Co. of America green
fla · 1911
1 sentence

1937Even if the misrepresentation was a defense to the note when the mortgage was of record accessible to the purchaser, the giving of the second renewal note when there was no misrepresentation, was a waiver of the defense.” See also Franklin Phosphate Co. v. International Harvester Co., 62 Fla. 185 , 75 Sou. 206 ; and Hyar v. York Mfg.

11937–1937

Where else courts name it

TX 54 (1982–2025) AL 28 (1926–2017) CA 23 (1976–2025) MA 22 (1991–2025) IL 18 (1979–2024) WI 14 (1984–2025) MI 14 (1994–2023) WA 14 (1989–2024) TN 13 (1991–2024) FL 13 (1937–2018) PA 13 (1978–2022) NY 13 (1991–2026) IA 11 (1980–2025) OR 7 (1988–2020) NE 7 (1994–2023) MO 7 (1984–2017) CO 7 (1990–2026) OH 6 (1994–2022) MD 6 (2003–2023) MN 6 (1986–2026) NC 5 (2008–2026) NV 5 (1986–2025) GA 4 (1993–2017) LA 4 (1985–2009) ID 3 (1987–1990) NJ 3 (1994–2025) VT 3 (2014–2024) CT 3 (1997–2002) KY 3 (2007–2024) AK 3 (2006–2016) IN 3 (2000–2020) ME 2 (2013–2013) AR 2 (1988–2010) NH 2 (1987–2004) KS 2 (2023–2024) DC 2 (2013–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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