imputation rule (Florida) · Go Syfert
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imputation rule in Florida

5 Florida opinions name it 1 courts 1985–2026 2 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 (9)

CaseFollowedCited
Nerbonne, Nv v. Lake Bryan Intern.green
fladistctapp · 1997 · cited in 2 Florida opinions naming this issue, 2007–2024
2 sentences

2024The adverse interest exception to the imputation rule has been held inapplicable “where the transaction on behalf of the principal is entrusted solely to the officer or agent having the knowledge.” Nerbonne, N.V. v. Lake Bryan Int’l Props., 685 So. 2d 1029, 1031 (Fla. 5th DCA 1997).

2007Hutton & Co., 426 So.2d 1055 , 1057 n. 1 (Fla. 3d DCA 1983); see also Turner v. Anderson, 704 So.2d 748 , 751 n. 2 (Fla. 4th DCA 1998) (relying on Kulla ). [5] Similarly, the adverse interest exception to the imputation rule has been held inapplicable "where the transaction on behalf of the principal is entrusted solely to the officer or agent having the knowledge." Nerbonne, N.V., 685 So.2d at 1031 .

22
Graham v. Stategreen
fladistctapp · 2015 · cited in 1 Florida opinions naming this issue, 2026–2026
1 sentence

2026See Chamberlain, 159 So. 3d at 192.

11
O'Halloran v. Pricewaterhousecoopers LLPgreen
fladistctapp · 2007 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024See also O'Halloran v. PricewaterhouseCoopers LLP, 969 So. 2d 1039, 1045 (Fla. 2d DCA 2007).

11
Joel Strickland Enterprises v. Atlantic Discount Co.green
fladistctapp · 1962 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007Co., 137 So.2d 627, 629 (Fla. 1st DCA 1962) (stating that knowledge is not imputed to the corporation "where the conduct of the agent is such as to raise a clear presumption that he would not communicate to the principal the facts in controversy, as where an agent is in reality acting in his own business or for his own personal interest and adversely to the principal").

11
Turner v. Andersongreen
fladistctapp · 1998 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007Hutton & Co., 426 So.2d 1055 , 1057 n. 1 (Fla. 3d DCA 1983); see also Turner v. Anderson, 704 So.2d 748 , 751 n. 2 (Fla. 4th DCA 1998) (relying on Kulla ). [5] Similarly, the adverse interest exception to the imputation rule has been held inapplicable "where the transaction on behalf of the principal is entrusted solely to the officer or agent having the knowledge." Nerbonne, N.V., 685 So.2d at 1031 .

11
STATE DEPT. OF INS. v. Blackburngreen
fladistctapp · 1994 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007But if a corporate agent was "acting adversely to the corporation's interests, the knowledge and misconduct of the agent are not imputed to the corporation." State, Dep't of Ins. v. Blackburn, 633 So.2d 521, 524 (Fla. 2d DCA 1994); see also Seidman & Seidman v. Gee, 625 So.2d 1, 2-3 (Fla. 3d DCA 1992) (referring to "an exception to the imputation rule [that] exists where an individual is acting adversely to the corporation"); Joel Strickland Enters., Inc. v. Atlantic Disc.

11
Seidman & Seidman v. Geegreen
fladistctapp · 1993 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007But if a corporate agent was "acting adversely to the corporation's interests, the knowledge and misconduct of the agent are not imputed to the corporation." State, Dep't of Ins. v. Blackburn, 633 So.2d 521, 524 (Fla. 2d DCA 1994); see also Seidman & Seidman v. Gee, 625 So.2d 1, 2-3 (Fla. 3d DCA 1992) (referring to "an exception to the imputation rule [that] exists where an individual is acting adversely to the corporation"); Joel Strickland Enters., Inc. v. Atlantic Disc.

11
Federal Deposit Insurance Corporation, As Receiver v. O'melveny & Meyersgreen
ca9 · 1992 · cited in 1 Florida opinions naming this issue, 1994–1994
1 sentence

1994FDIC v. O'Melveny & Myers, 969 F.2d 744, 751 (9th Cir.1992). *525 Based upon the foregoing discussion, we conclude that the trial court erred in dismissing the complaint with prejudice without affording the Department the opportunity to amend.

11
Aloha Utilities, Inc. v. Florida Public Service Commissiongreen
fla · 1979 · cited in 1 Florida opinions naming this issue, 1985–1985
1 sentence

1985By that reasoning, the *248 imputation of CIAC and its corresponding affect on rates is to be used by the Commission as a sanction for non-compliance with record keeping, contrary to Aloha Utilities v. Florida Public Service Commission, 376 So.2d 850, 851 (Fla. 1979), wherein the Supreme Court held that the Commission could not deny a justified rate increase as a sanction for non-compliance with record-keeping requirements, holding: In this case, the Commission has endeavored to sanction or punish Aloha for non-compliance with the Commission's regulations by denying an otherwise proven rate aw

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 (1)

CaseCitedYears
Kulla v. EF Hutton & Co., Inc. green
fladistctapp · 1983
1 sentence

2007Hutton & Co., 426 So.2d 1055 , 1057 n. 1 (Fla. 3d DCA 1983); see also Turner v. Anderson, 704 So.2d 748 , 751 n. 2 (Fla. 4th DCA 1998) (relying on Kulla ). [5] Similarly, the adverse interest exception to the imputation rule has been held inapplicable "where the transaction on behalf of the principal is entrusted solely to the officer or agent having the knowledge." Nerbonne, N.V., 685 So.2d at 1031 .

12007–2007

Where else courts name it

UT 12 (2012–2024) AL 6 (1911–2011) NJ 6 (2006–2020) FL 5 (1985–2026) IL 5 (1984–2023) WA 4 (1996–2004) NC 4 (1886–2022) PA 3 (2010–2020) CA 3 (1957–2026) NY 3 (1908–2014) DE 2 (2009–2023) OH 2 (2011–2025) IA 2 (2015–2015)

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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