Aiding And Abetting

3,842 Florida cases classified under this topic · sorted by citation count

• Turner v. United States
  192 F.2d 41· 4th Cir.· 1951-11-05 ·cited 6×
  The court held that the facts did not support a finding of concealment of illicit spirits, nor did they establish that the defendant aided and abetted such concealment.
• United States v. Poppa
  190 F.2d 112· 7th Cir.· 1951-06-21 ·cited 6×
  The court held that the defendants' arrest did not invalidate the conviction as no evidence was obtained as a result of the arrest, and any defect in a count was cured by verdict.
• Harding v. United States
  182 F.2d 524· 4th Cir.· 1950-06-03 ·cited 6×
  The court held that mere presence near a still, without evidence of participation or conspiracy, is insufficient to sustain a conviction for operating a still.
• Dawes v. United States
  177 F.2d 255· 6th Cir.· 1949-10-20 ·cited 6×
  The court held that the circumstantial evidence presented was insufficient to sustain the conviction of the defendant for aiding and abetting a bank robbery.
• United States v. Michael
  169 F.2d 1001· 3d Cir.· 1948-08-13 ·cited 6×
  The dissenting judge holds that the majority erred in finding no crime committed under the Bankruptcy Act, as the bankrupt estate was defrauded of funds.
• Commercial Bank in Panama City v. Atlanta & St. Andrews Bay Ry. Co.
  120 Fla. 167· Fla.· 1935-06-22 ·cited 6×
  The Florida Supreme Court affirmed an order requiring a bank to produce its records of transactions with George A. Barnes for inspection by the plaintiff in an accounting suit. The court held that Section 49 of the 1931 Chancery Practice Act authorizes pre-trial discovery of book
• Caldwell v. State
  62 Fla. 18· Fla.· 1911-06-01 ·cited 6×
  Three men were convicted of aiding and abetting Ted McDaniel in unlawfully entering a storehouse with intent to commit theft. The Florida Supreme Court affirmed the convictions, holding that sufficient evidence supported the verdict despite McDaniel's testimony that the defendant
• AVR Grp. LLC v. Alebrije Ent. LLC
  2005 WL 2416824· S.D. Fla.· 2024-07-18 ·cited 5×
  The court held that it lacked personal jurisdiction over the Cole Defendants because the plaintiffs failed to establish either specific or general jurisdiction under Florida's long-arm statute.
• United States v. Heaton
  59 F.4th 1226· 11th Cir.· 2023-02-14 ·cited 5×
  Dr. James Heaton, a family practice physician in Georgia, was convicted of dispensing large quantities of opioids and other controlled substances to three patients without legitimate medical purpose and outside the scope of professional practice, despite his argument that he was
• United States v. Watkins
  42 F.4th 1278· 11th Cir.· 2022-07-15 ·cited 5×
  The court affirmed the convictions, finding sufficient evidence for wire fraud, conspiracy, and bank fraud, and no abuse of discretion in jury instructions or evidentiary rulings.
• Diversicare Leasing Corp. v. The Est. of Herbert P. Catt
  267 So. 3d 560· Fla. 2d DCA· 2019-03-29 ·cited 5×
  Diversicare appeals a trial court order compelling arbitration of claims arising from a nursing home resident's death, but seeks interlocutory review of collateral issues regarding cost and attorney's fee provisions rather than the entitlement to arbitration itself. The court dis
• Senser v. State
  243 So. 3d 1003· Fla. 4th DCA· 2018-05-09 ·cited 5×
  A statement made by a custodial suspect in response to the question "why are you running?" constitutes interrogation subject to Miranda protections when, from the perspective of a reasonable person in the suspect's position, the question is reasonably designed to elicit an incrim
• Dickinson Wright, PLLC v. Third Reef Holdings, LLC
  244 So. 3d 303· Fla. 4th DCA· 2018-04-18 ·cited 5×
  When a defendant's affidavit refutes a plaintiff's jurisdictional allegations, shifting the burden of proof to the plaintiff, the trial court must conduct a limited evidentiary hearing if the parties' evidence cannot be harmonized rather than ruling on conflicting affidavits base
• DFG Grp., LLC v. Heritage Manor of Mem'l Park, Inc.
  237 So. 3d 419· Fla. 4th DCA· 2018-01-24 ·cited 5×
  When a plaintiff affirms a contract rather than electing rescission, the plaintiff's damages are limited to the difference between the sale price and fair market value; transactional attorney's fees are only recoverable if the plaintiff elects rescission. Punitive damages cannot
• Sec. & Exch. Comm'n v. Monterosso
  768 F. Supp. 2d 1244· S.D. Fla.· 2011-03-31 ·cited 5×
  The court granted summary judgment for the SEC against Monterosso and Vargas, finding they participated in a fraudulent scheme to generate fictitious revenue for GlobeTel.
• Rosenbaum v. Becker & Poliakoff, P.A.
  708 F. Supp. 2d 1304· S.D. Fla.· 2010-04-28 ·cited 5×
  The court granted in part and denied in part the motion to compel, ordering production of certain documents while denying others as moot or not sufficiently justified.
• A.M. v. State
  755 So. 2d 759· Fla. 4th DCA· 2000-03-29 ·cited 5×
  The court held that the trial court did not err in denying the motion for judgment of acquittal for petit theft, but did err in sentencing.
• Resolution Tr. Corp. v. Pharaon
  915 F. Supp. 351· S.D. Fla.· 1996-01-24 ·cited 5×
  The court held that the exercise of personal jurisdiction over the defendant, Ghaith R. Pharaon, was proper because he had established sufficient minimum contacts with Florida through his business dealings and visits related to Centrust Bank.
• Hedgeman v. State
  661 So. 2d 87· Fla. 2d DCA· 1995-08-25 ·cited 5×
  Jerry Hedgeman was convicted of second-degree murder for his involvement in a shooting death. The appellate court reversed the conviction, finding insufficient evidence that Hedgeman acted as a principal to the crime or knew of the shooter's intent to kill.
• Granville v. State
  625 So. 2d 1258· Fla. 1st DCA· 1993-09-30 ·cited 5×
  The court held that the trial court erred in denying a motion for judgment of acquittal for charges related to the March 21 transaction due to insufficient evidence, and that the joinder of charges from the March 21 transaction with those from the March 18 transaction was imprope
• United States v. Robert Phibbs (92-5509)
  999 F.2d 1053· 6th Cir.· 1993-08-05 ·cited 5×
  The court affirmed the convictions and sentences of all defendants, finding sufficient evidence to support the jury's verdicts and upholding the district court's evidentiary rulings.
• United States v. Arce
  997 F.2d 1123· 5th Cir.· 1993-08-03 ·cited 5×
  The court held that the district court did not err in its rulings on jury selection, evidentiary matters, or prosecutorial comments, and that the evidence was sufficient to support the convictions.
• United States v. Filemon Bernal-Obeso
  989 F.2d 331· 9th Cir.· 1993-03-29 ·cited 5×
  The court vacated the conviction and remanded for an evidentiary hearing to determine the admissibility of disputed evidence regarding the informant's credibility.
• United States v. Flores
  959 F.2d 83· 8th Cir.· 1992-03-12 ·cited 5×
  The court affirmed the defendant's sentence, finding no clear error in the district court's factual findings regarding the defendant's role in the offense, obstruction of justice, or denial of acceptance of responsibility.
• Guidry v. Bank OF LaPLACE
  954 F.2d 278· 5th Cir.· 1992-02-25 ·cited 5×
  The court held that a bank account is not a RICO enterprise and that the plaintiff's investment scheme did not involve securities. It affirmed dismissal of most state law claims but reversed dismissal of some negligence claims, remanding them without prejudice.
• United States v. Schleicher
  862 F.2d 1320· 8th Cir.· 1988-12-08 ·cited 5×
  The court held that the trial court did not err in admitting co-conspirator testimony and evidence of other crimes, and that sufficient evidence supported the conviction.
• Blake v. Dierdorff
  856 F.2d 1365· 9th Cir.· 1988-09-08 ·cited 5×
  The court held that a single scheme can satisfy RICO's pattern requirement, but affirmed dismissal for defendants who did not allege sufficient predicate acts or failed to plead fraud with particularity.
• Stotler & Co. & Richard C. Allen v. Commodity Futures Trading Comm'n
  855 F.2d 1288· 7th Cir.· 1988-08-25 ·cited 5×
  A futures commission merchant is vicariously liable under the Commodity Exchange Act for an agent's fraud if the agent acts within the scope of employment, and is liable for allowing an unregistered associated person to solicit orders.
• United States v. Steuben
  850 F.2d 859· 1st Cir.· 1988-07-11 ·cited 5×
  The court held that the evidence was sufficient to convict the captain (Steuben) and a key crew member (Neiro) of aiding and abetting drug possession and importation, but insufficient for the mechanic (Caro) and a regular seaman (Salazar).
• United States v. Weinstein
  834 F.2d 1454· 9th Cir.· 1987-12-22 ·cited 5×
  The court affirmed the convictions, holding that sufficient evidence supported the jury's findings regarding property belonging to the debtor's estate and that airline tickets constitute 'goods, wares, or merchandise' under the National Stolen Property Act.
• Summer v. Land & Leisure, Inc.
  571 F. Supp. 380· S.D. Fla.· 1983-09-14 ·cited 5×
  The court dismissed pendent state claims against individual defendants and Land & Leisure due to lack of pending federal claims, but denied motions to dismiss federal securities claims against Raymond James and Arthur Young, finding they stated valid causes of action under Sectio
• Turner v. State
  369 So. 2d 670· Fla. 1st DCA· 1979-04-17 ·cited 5×
  Turner was charged as a principal in the first degree for aiding and abetting another person (Kelly) to commit solicitation to commit burglary. After Kelly was acquitted of the underlying solicitation charge, Turner moved to dismiss his charge. The court reversed Turner's convict
• United States v. MacDOUGAL-Pena
  545 F.2d 833· 2d Cir.· 1976-12-01 ·cited 5×
  The court held that there was sufficient evidence to support the convictions for interstate transportation of stolen securities and conspiracy, and that venue was proper in the Southern District of New York.
• Sondra M. Deshler v. State
  298 So. 2d 428· Fla. 1st DCA· 1974-08-06 ·cited 5×
  The court held that the evidence was sufficient to support the conviction and that a prosecutor's remark during closing arguments, though improper, was cured by the trial court's immediate instruction to the jury.
• Hungary v. Simon
  604 U.S. 115· U.S.· 2025-02-21 ·cited 4×
  The Supreme Court held that Holocaust survivors and their heirs cannot rely on a "commingling theory" alone to establish jurisdiction under the Foreign Sovereign Immunities Act's expropriation exception against Hungary and its national railway for seized property. Plaintiffs must
• United States v. Morel
  63 F.4th 913· 11th Cir.· 2023-03-23 ·cited 4×
  The court held that the district court did not abuse its discretion in giving a corrective jury instruction and that sufficient evidence supported the defendant's convictions under the prudent-smuggler doctrine.
• Guarino v. Mandel
  327 So. 3d 853· Fla. 4th DCA· 2021-09-15 ·cited 4×
  This case involves appeals from non-final orders partially denying motions to dismiss for lack of personal jurisdiction. The appellate court reversed the dismissal for one appellant, finding insufficient connection to Florida, and remanded for an evidentiary hearing for the other
• United States v. Roberson
  998 F.3d 1237· 11th Cir.· 2021-05-27 ·cited 4×
  David Lynn Roberson and Joel Iverson Gilbert, a lobbyist and attorney, were convicted of bribery and related offenses under 18 U.S.C. § 666(a)(2) for making concealed payments totaling hundreds of thousands of dollars to Alabama Representative Oliver Robinson through his charitab
• RCS Creditor Tr. v. Schorsch
  2017 WL 5904716· Del. Ch.· 2018-04-05 ·cited 4×
  The Court of Chancery denied the Plaintiff's motion for reargument on the dismissal of its claim that the Control Defendants breached the duty of loyalty by maintaining irrationally high staffing levels at RCS. The court also denied the defendants' motions to dismiss the claims f
• Turnberry Vill. N. Tower Condo. Ass'n, Inc. v. Turnberry Vill. S. Tower Condo. Ass'n, Inc.
  224 So. 3d 266· Fla. 3d DCA· 2017-07-12 ·cited 4×
  The Third District Court of Appeal affirmed the trial court's dismissal with prejudice of a condominium association's amended complaint alleging aiding and abetting breach of fiduciary duty, holding that the complaint contained only conclusory allegations insufficient to survive
• Bowers v. Adrien Allez
  165 So. 3d 710· Fla. 4th DCA· 2015-05-06 ·cited 4×
  The court held that the appellants' alleged medical issues and prioritization of other clients did not constitute excusable neglect to set aside a default judgment.
• DeRosa v. Rambosk
  732 F. Supp. 2d 1285· M.D. Fla.· 2010-08-11 ·cited 4×
  The court held that Deputy George was entitled to qualified immunity for the initial traffic stop and the subsequent arrests, as he had probable cause or arguable probable cause for the actions taken. The court also found that the plaintiffs' claims based on excessive force and u
• Moton v. State
  8 So. 3d 483· Fla. 1st DCA· 2009-05-04 ·cited 4×
  Stanley Moton was convicted of armed robbery, aggravated assault by threat with a firearm, and simple battery alongside co-defendant Sammie Lee Stallworth. The trial court instructed the jury using 'and/or' language allowing conviction based on either defendant's conduct, and the
• Sensormatic Elecs. Corp. v. Tag Co. US, LLC
  632 F. Supp. 2d 1147· S.D. Fla.· 2008-12-19 ·cited 4×
  The court found that the defendants failed to prove by clear and convincing evidence that the asserted patent claims were inherently anticipated or barred by prior sale. The court also found that the defendants stipulated to infringement.
• Wainwright v. State
  2 So. 3d 948· Fla.· 2008-11-26 ·cited 4×
  Anthony Floyd Wainwright, convicted of first-degree murder and sentenced to death for the murder of Carmen Gayheart, appealed a trial court's denial of his successive Rule 3.851 motion for post-conviction relief based on newly discovered evidence. The Florida Supreme Court affirm
• Design Pallets, Inc. v. Gray Robinson, P.A.
  583 F. Supp. 2d 1282· M.D. Fla.· 2008-10-07 ·cited 4×
  Florida Statute § 768.79, which allows for recovery of attorneys' fees, applies only to state law claims and is preempted by federal law when a federal court's jurisdiction is based solely on a federal question. It does not apply when a defendant prevails only on federal claims t
• O'Halloran v. Pricewaterhousecoopers LLP
  969 So. 2d 1039· Fla. 2d DCA· 2007-05-04 ·cited 4×
  A bankruptcy trustee appealed the trial court's dismissal of claims against PricewaterhouseCoopers (PWC) for professional malpractice and other torts arising from PWC's advisory services to a bankrupt company. The appellate court reversed, holding that the claims were preserved i
• Elvershon Williams v. State
  908 So. 2d 1166· Fla. 1st DCA· 2005-08-23 ·cited 4×
  Elvershon Williams was convicted of possession of cannabis with intent to sell, but the Florida First District Court of Appeal reversed and remanded for a new trial because the trial court erroneously instructed the jury on principal's liability without evidence that Williams aid
• Brown v. Crosby
  249 F. Supp. 2d 1285· S.D. Fla.· 2003-03-19 ·cited 4×
  The Court found that the Petitioner's waiver of his Miranda rights was not knowing and intelligent due to his severe intellectual deficits, and therefore his confession should have been suppressed.
• Wyatt v. State
  755 So. 2d 671· Fla. 4th DCA· 1999-06-30 ·cited 4×
  Ernest Wyatt was convicted of delivery of cocaine based on an aiding and abetting theory stemming from an undercover drug buy. The appellate court reversed his conviction, finding insufficient evidence that Wyatt aided and abetted his co-defendant Brannon's delivery of cocaine, a