JAMES CASEN, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Philip Morris USA, Inc. v. Lucinda Naugle, 103 So. 3d 944 (Fla. 4th DCA 2012)
  …w this issue de novo. Contreras v. U.S. Sec. Ins. Co., 927 So. 2d 16, 20 (Fla. 4th DCA 2006). Fraud can occur by omission, and one who undertakes to disclose material information has a duty to disclose that information fully. ZC Ins. Co. v. Brooks, 847 So. 2d 547, 551 (Fla. 4th DCA 2003) (citing Gutter v. Wunker, 631 So. 2d 1117, [*947] 1118-19 (Fla. 4th DCA 1994)). “[A] claim of fraudulent misrepresentation and/or concealment requires proof of detrimental reliance on a material misrepresentation.” Soler v.…
• Marriott Int'l, Inc. v. Am. Bridge Bahamas, Ltd., 193 So. 3d 902 (Fla. 3d DCA 2015)
  …o him. Nicholson v. Kellin, 481 So. 2d 931, 936 (Fla. 5th DCA 1985), Such a claim, however, must be supported by some evidence of a statement that would trigger the further duty to disclose all known material facts. See, e.g., ZC Ins. Co. v. Brooks, 847 So. 2d 547, 551 (Fla. 4th DCA 2003) (stating that “providing [plaintiff] with documents that define [insurance] coverage while failing to provide documents that set forth the exclusions to that coverage is tantamount to fraud by omission”). • American Bridge…
• Philip Morris USA, Inc. v. Duignan, 243 So. 3d 426 (Fla. 2d DCA 2017)
  …f might still claim fraud on the theory that having chosen to speak about the condition of the transmission, the seller had a duty to disclose the transmission defect that had not yet manifested itself to the buyer. See, e.g., ZC Ins. Co. v. Brooks, 847 So. 2d 547, 551 (Fla. 4th DCA 2003) ("Florida law recognizes that fraud can occur by omission[ ] and places a duty on one who undertakes to disclose material information to disclose that information fully."); Mukamal v. Gen. Elec. Capital Corp. (In re Palm Bea…