Fraud In The Inducement

Addison v. Carballosa, ___ So. 3d ___, 35 Fla. L. Weekly D2642 (Fla. 3d DCA 12/1/10)

The plaintiff alleged that the defendants tricked him into signing an agreement to enter into a business venture with them. The appellate court affirmed summary judgment for the defendants because the plaintiff’s deposition testimony contradicted the allegations of his complaint. “Because [the defendant’s] sworn testimony completely refutes the allegations in his Complaint, the trial court properly granted summary judgment in favor of the defendants.” Even if the plaintiff had amended his complaint to conform to his sworn testimony, summary judgment would have been proper because the plaintiff had the opportunity to read the agreement, the agreement was clear, and any discrepancy between what the plaintiff thought he was signing and what he actually signed would have been apparent if the plaintiff had taken the time to read the agreement.