8 Florida opinions name it 1 courts 1990–2021 1 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.
| Case | Followed | Cited |
|---|---|---|
Butler v. Yusemgreen2 sentences2021In order to prove a fraudulent misrepresentation claim, a plaintiff must generally establish that: (i) the defendant made a false statement of material fact; (ii) the defendant knew or should have known the representation was false; (iii) the false representation was made with the intent that it would induce the plaintiff to act; and (iv) the plaintiff suffered resulting damages in reliance upon the representation. 7 Butler v. Yusem, 44 So. 3d 102, 105 (Fla. 2010). 2016Did Butler v. Yusem, 44 So.3d 102 (Fla.2010), overrule Fote v. Reitano, 46 So.2d 891 (Fla.1950), and Avila South Condominium Ass’n v. Kappa Corp., 347 So.2d 599 (Fla.1977), and reject Restatement (Second) of Torts § 537, by holding that reliance need not be justified to maintain a fraudulent misrepresentation claim? | 2 | 3 |
Altria Group, Inc. v. Goodgreen1 sentence2017Id. at 82. | 1 | 1 |
La Pesca Grande Charters, Inc. v. Morangreen1 sentence2016In line with the Fifth District in La Pesca Grande Charters, Inc. v. Moran, 704 So.2d 710, 713 (Fla. 5th DCA 1998), and consistent with the Third District in Key Largo, Appellee’s knowingly false statements of present circumstances constitute fraud in the inducement if the other elements of that tort were met (which they were). | 1 | 1 |
Bovis Homes, Inc. v. Chmielewskigreen1 sentence2011Bovis Homes, Inc. v. Chmielewski, 827 So.2d 1038, 1039 (Fla. 2d DCA 2002) (“We further conclude ... that the mandatory venue selection provision of the contract applies to the Chmielweskis’ fraudulent misrepresentation claim as well.”); Business Aide Computers, Inc. v. Cent. | 1 | 1 |
Bus. Aide Computers, Inc. v. CENT. FLORIDA MACK TRUCKS, INC.green1 sentence2011Fla. Mack Trucks, Inc., 432 So.2d 681, 682 (Fla. 5th DCA 1983) (finding forum selection clause applied to an action to rescind the contract). | 1 | 1 |
FLA. WOMEN'S MEDICAL CLINIC v. Sultangreen1 sentence2011Clinic, Inc. v. Sultan, *666 656 So.2d 931, 933 (Fla. 4th DCA 1995) (first element of a negligent misrepresentation claim is “a misrepresentation of material fact”) (citation omitted). | 1 | 1 |
Pan-Am Tobacco v. Department of Correctionsgreen1 sentence1998Breach of Contract Claim Turning to the contract claim, in Pan-Am Tobacco Corp. v. Department of Corrections, 471 So.2d 4, 5 (Fla.1984), the supreme court held that, where the state has entered into a contract fairly authorized by the powers granted by general law, the defense of sovereign immunity will not protect the state from an action arising from the state's breach of that contract. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Cipollone v. Liggett Group, Inc.
green
1 sentence2017Id. | 1 | 2017–2017 |
Fote v. Reitano
green
1 sentence2016Did Butler v. Yusem, 44 So.3d 102 (Fla.2010), overrule Fote v. Reitano, 46 So.2d 891 (Fla.1950), and Avila South Condominium Ass’n v. Kappa Corp., 347 So.2d 599 (Fla.1977), and reject Restatement (Second) of Torts § 537, by holding that reliance need not be justified to maintain a fraudulent misrepresentation claim? | 1 | 2016–2016 |
Avila South Condominium Ass'n, Inc. v. Kappa Corp.
green
1 sentence2016Did Butler v. Yusem, 44 So.3d 102 (Fla.2010), overrule Fote v. Reitano, 46 So.2d 891 (Fla.1950), and Avila South Condominium Ass’n v. Kappa Corp., 347 So.2d 599 (Fla.1977), and reject Restatement (Second) of Torts § 537, by holding that reliance need not be justified to maintain a fraudulent misrepresentation claim? | 1 | 2016–2016 |
Empire Fire & Marine Ins. Co. v. Black
green
1 sentence1990Empire Fire & Marine Insurance Co. v. Black, 546 So.2d 732 (Fla. 3d DCA 1989). | 1 | 1990–1990 |
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.