Aiding And Abetting

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

• Progressive Select Ins. Co. v. Bigney
  264 So. 3d 222· Fla. 5th DCA· 2018-12-21 ·cited 1×
  Claims for civil conspiracy and aiding and abetting breach of fiduciary duty are not independent of an insurance contract when they are explicitly based on fiduciary duties, legal obligations, and benefits established in the contract, and therefore are barred by the nonjoinder st
• Ammons v. State
  253 So. 3d 130· Fla. 1st DCA· 2018-08-16 ·cited 1×
  Conviction as a principal for trafficking in methamphetamine is reversed where evidence establishes intent to participate but fails to prove any affirmative act to assist in committing the crime.
• Racheal Gould v. State
  251 So. 3d 1034· Fla. 5th DCA· 2018-08-03 ·cited 1×
  Racheal Gould appealed her convictions for conspiracy to traffic and trafficking in cocaine. The Florida District Court of Appeal, Fifth District, reversed her conspiracy conviction due to insufficient evidence of an agreement between her and her boyfriend, while affirming the tr
• Henry v. State
  229 So. 3d 390· Fla. 4th DCA· 2017-11-01 ·cited 1×
  Francisco Henry was convicted of four counts of false imprisonment, three counts of robbery with a firearm, and seventeen counts of sexual battery with a firearm after forcing four teenagers at gunpoint to engage in nonconsensual sexual acts. On appeal, Henry challenged the suffi
• Inspired Cap., LLC v. CONDÉ Nast
  225 So. 3d 980· Fla. 3d DCA· 2017-09-06 ·cited 1×
  The appellate court affirmed the dismissal of a lawsuit based on a forum selection clause in a license agreement. The court held that the claims asserted, even if sounding in tort, "related to" the agreement and thus were subject to the mandatory forum selection clause.
• K.B. v. State
  170 So. 3d 121· Fla. 2d DCA· 2015-07-01 ·cited 1×
  K.B. appeals a withheld adjudication for burglary of a storage unit, arguing the State failed to prove his involvement as a principal. The court reversed the burglary conviction, finding mere presence at the scene insufficient for principal liability, but remanded for reduction t
• Bluesky Greenland Env't Solutions, LLC v. 21st Century Planet Fund, LLC
  1992 WL 180693· S.D. Fla.· 2013-12-04 ·cited 1×
  The court held that there are genuine issues of material fact regarding whether the defendants engaged in fraud, civil conspiracy, unjust enrichment, and tortious interference, thus denying the motion for summary judgment.
• Edmond Costantini v. Swiss Farm Stores
  2013 WL 2297090· Del. Ch.· 2013-08-22 ·cited 1×
  The court held that Edmond Costantini, Jr., as a manager of Swiss Farm Stores Acquisition LLC, is entitled to indemnification for his fees and costs in the underlying litigation because he prevailed on a technical defense and the operating agreement's indemnification clause, mirr
• In re DEL Monte Foods Co. S'holders Litig. Consol. C.A. No. 6027-VCL
  2011 WL 1677458· Del. Ch.· 2011-06-27 ·cited 1×
  The Delaware Court of Chancery awarded $2.75 million in interim attorneys' fees and expenses to lead counsel for their role in obtaining supplemental disclosures in a merger challenge. The court deferred ruling on fees related to a preliminary injunction, finding that further pro
• US Commodity Futures Trading Com'n v. States
  674 F. Supp. 2d 1311· S.D. Fla.· 2009-11-02 ·cited 1×
  The court granted the Commodity Futures Trading Commission's motion for default judgment, permanently enjoining Bernadette Bowden from further violations of the Commodity Exchange Act and ordering her to pay restitution and a civil monetary penalty.
• Lewis v. Seneff
  654 F. Supp. 2d 1349· M.D. Fla.· 2009-08-19 ·cited 1×
  The court held that a prior Texas state court dismissal for lack of standing, even if 'without prejudice,' has issue-preclusive effect on the same standing issue in federal court.
• Hearn v. McKay
  642 F. Supp. 2d 1330· S.D. Fla.· 2008-10-24 ·cited 1×
  The court held that the remaining non-defaulting defendants did not breach their fiduciary duties by approving year-end bonuses or by participating in election rigging, finding their testimony more credible than that of a convicted felon.
• Carlethea Davis v. State
  918 So. 2d 379· Fla. 4th DCA· 2005-12-28 ·cited 1×
  The court held that a defendant cannot be convicted of a crime for which they were not charged, but affirmed a burglary conviction based on sufficient evidence of aiding and abetting.
• J.V. v. State
  745 So. 2d 1110· Fla. 1st DCA· 1999-12-08 ·cited 1×
  J.V., a juvenile, was adjudicated delinquent for possession of cannabis based on aiding and abetting liability. The court held that J.V. could be convicted as a principal in the first degree for telling his co-passenger to hide cannabis during a traffic stop, thereby assisting in
• United States v. Cardoen
  898 F. Supp. 1563· S.D. Fla.· 1995-08-29 ·cited 1×
  The court held that defendants Johnson and Griffin failed to establish a predicate for introducing classified information to support their defenses of lack of specific intent and entrapment.
• Sec. & Exch. Comm'n v. Warner
  674 F. Supp. 841· S.D. Fla.· 1987-11-19 ·cited 1×
  The court denied the SEC's motion for a preliminary injunction because the SEC failed to demonstrate a reasonable likelihood that the defendant would engage in future violations of securities laws.
• The United States v. VAN
  814 F.2d 1004· 5th Cir.· 1987-04-01 ·cited 1×
  The court held that the appellants' conduct, involving the robbery of a customer's personal funds after withdrawal from a bank, did not constitute a violation of the federal bank robbery statute, 18 U.S.C. § 2113(a). The funds were not in the care, custody, control, management, o
• United States v. Duncan Lawrence McKELLAR
  798 F.2d 151· 5th Cir.· 1986-08-22 ·cited 1×
  The court held that the withheld evidence was not material to the defendant's defense, thus no Brady violation occurred.
• United States v. Hsieh HUI MEI Chen and Tsang-Chi Chen
  754 F.2d 817· 9th Cir.· 1985-02-25 ·cited 1×
• Smith v. State
  424 So. 2d 726· Fla.· 1982-10-28 ·cited 1×
  Frank Smith was convicted of robbery, kidnapping, sexual battery, and first-degree murder in the death of convenience store clerk Sheila Porter. The Florida Supreme Court affirmed the convictions and death sentence, rejecting challenges to the indictment, admission of statements,
• State v. Aguiar
  418 So. 2d 245· Fla.· 1982-07-29 ·cited 1×
  A defendant not present at the scene of a felony murder can be charged with first-degree felony murder only if premeditation is shown.
• Rich v. State
  413 So. 2d 109· Fla. 2d DCA· 1982-04-23 ·cited 1×
  Scott Rich appeals his conviction for aiding and abetting grand theft. The Florida appellate court reverses, holding that the state failed to prove Rich had the specific intent to participate in the crime based on insufficient circumstantial evidence.
• Horton v. State
  281 So. 2d 387· Fla. 2d DCA· 1973-08-01 ·cited 1×
• DeLAINE v. State
  230 So. 2d 168· Fla. 2d DCA· 1970-01-09 ·cited 1×
  Six defendants convicted of rape appealed their convictions on eight grounds, including challenges to evidentiary rulings, jury selection, prosecutorial conduct, and jury instructions. The Florida District Court of Appeal affirmed all convictions, finding no reversible error on a
• Moffett v. State
  227 So. 2d 219· Fla. 3d DCA· 1969-10-14 ·cited 1×
  The court held that the evidence was insufficient to support a conviction for robbery under the aider and abettor statute.
• Jacobs v. State
  184 So. 2d 711· Fla. 1st DCA· 1966-04-05 ·cited 1×
  Appellant was convicted of manslaughter for culpably negligent operation of a motor vehicle that allegedly caused a fatal collision, but the actual collision involved two other vehicles in a drag race. The court affirmed the conviction, holding that all active participants in an
• Chereton v. Lawrence Warehouse Co.
  92 So. 2d 410· Fla.· 1957-01-16 ·cited 1×
• Spencer v. United States
  239 F.2d 5· 5th Cir.· 1956-12-11 ·cited 1×
  The court held that the evidence was sufficient to establish that the appellant aided and abetted the unlawful operation of a distillery.
• Goolsby v. State
  86 Fla. 307· Fla.· 1923-10-12 ·cited 1×
  Preston Goolsby was convicted of aiding and abetting larceny of a steer in Lake County, Florida. He appealed challenging the sufficiency of evidence and the trial court's refusal to give a specific jury instruction, but the Florida Supreme Court affirmed the conviction, finding t
• Okaloosa Props. Mgmt., LLC v. Hoffman, Larkin & Agnetti, P.A.
  Fla. 3d DCA· 2026-08-26
  Florida's absolute litigation privilege does not apply to out-of-court phone calls that do not occur before a judicial officer or in pleadings filed with the court, even if they relate to pending litigation. The privilege requires that alleged acts occur "in front of a judicial o
• United States v. Alli
  11th Cir.· 2026-08-05
  The district court did not err in declining to apply Federal Rule of Evidence 106 (rule of completeness) to admit additional interview excerpts because the requested excerpts were either duplicative of statements already introduced or unrelated to those statements and thus not ne
• Annesser Armenteros, PLLC v. Caparo
  Fla. 3d DCA· 2026-07-15
  A trial court may permit amendment of a pleading to add a punitive damages claim only if there is a reasonable evidentiary basis in the record or proffered by the claimant that, if proven, would support recovery. An individual defendant with no involvement in the alleged miscondu
• Logan v. Morgan, Lewis & Bockius, LLP
  Fla. 2d DCA· 2026-07-08
  Logan's claims against Morgan Lewis for aiding and abetting fraud, breach of fiduciary duty, and civil conspiracy are barred by the statute of limitations under the finality accrual rule.
• Gunther v. Morgan, Lewis & Bockius, LLP
  Fla. 2d DCA· 2026-07-08
  The finality accrual rule does not apply to aiding and abetting fraud and breach of fiduciary duty claims against a law firm that facilitated a tax shelter scheme. Once the Federal Circuit determined that the underlying tax shelter lacked economic substance and the partnership st
• Hunter v. United States
  U.S.· 2026-06-18
  An appeal waiver in a plea agreement is unenforceable when it would result in a miscarriage of justice—when the sentence is marred by egregious error that would bring the judicial system into disrepute. The error must be obvious, not one a judge could reasonably make, and must be
• Metronet Techs., LLC v. United Fiber Works, LLC
  Fla. 5th DCA· 2026-04-10
  A party waives its right to arbitrate by propounding discovery requests directed at the merits of the lawsuit, even if it timely asserts the arbitration right before serving discovery. The essential question is whether, under the totality of the circumstances, the party has acted
• Mathis v. State
  Fla. 4th DCA· 2026-04-08
  The evidence was legally sufficient to sustain the conviction for second-degree murder under a principals theory, and the trial court did not abuse its discretion in instructing the jury on principals liability where the defendant's own defense theory placed another person at the
• Cbre, Inc. v. Didiergroup, LLC
  Fla. 6th DCA· 2026-03-13
  A trial court must grant a setoff when a plaintiff has settled identical claims against one defendant and seeks recovery of the same damages from another defendant, as required by Florida Statutes sections 768.041(2) and 46.015(2).
• State v. Franco
  Fla. 1st DCA· 2026-03-11
  The State of Florida appealed a trial court's post-verdict judgment of acquittal entered for Luis Antonio Perez Franco (the son), who was convicted by jury of attempted aggravated battery with firearm enhancements. The appellate court reversed, holding that sufficient evidence su
• Hash Asset Mgmt. Ltd. v. DMA Labs, Inc.
  Del. Ch.· 2026-02-09
  Hash Asset Management, a Cayman Islands investment fund, lost approximately $16 million invested in ICHI Foundation's oneToken cryptocurrency after a price collapse allegedly orchestrated by defendants. The Delaware Court of Chancery dismissed the action for lack of subject matte
• Calumet Cap. P'rs LLC
  Del. Ch.· 2026-01-29
  Calumet, a litigation finance company, sued Victory Park Capital Advisors (an alternative investment manager) and related entities for breaching duties and contractual obligations after Victory Park allegedly engaged in a systematic campaign to harm Calumet and take its business,
• Arxada Holdings NA Inc. v. Harvey
  Del. Ch.· 2026-01-28
  A founder of a chemical company sold it for $450 million and agreed to restrictive covenants. After disagreeing with the buyer's management, he orchestrated a conspiracy with his nephews to misappropriate trade secrets, breach fiduciary duties, and launch a competing business whi
• David H. Holloway, Shlansky LAW Grp., LLP
  Del. Ch.· 2026-01-27
  Former members of New Media Investors II, LLC sued to recover losses from alleged misconduct by the managing member, Robert Maginn, including usurpation of corporate opportunities, manipulated valuations, and asset churning. The court dismissed the action for lack of standing bec
• WIA Holdings LLC
  Del. Ch.· 2026-01-20
  In a post-closing acquisition dispute, WIA Holdings and its affiliates sued the sellers (Scottish American Capital LLC and its managing member Paul Thomson) for breaches of a Securities Purchase Agreement representing and warranting the sale of an insurance business. The Delaware
• CHP III, L.P. v. Cravatt
  Del. Ch.· 2026-01-15
  CHP III, L.P., a stockholder in Vividion Therapeutics, sued individual defendants for breaching fiduciary duties and fraud by allegedly causing Vividion to release valuable intellectual property (the '444 Application) during the Bayer merger process. The Delaware Court of Chancer
• Bankunited, N.A. v. Shulick
  Del. Ch.· 2026-01-02
  BankUnited sought a preliminary injunction against former executives and their new employer Customers Bank for allegedly violating non-solicitation obligations. The Delaware Court of Chancery denied the injunction, finding BankUnited unlikely to succeed on the merits because the
• The Filta Grp., Inc. v. LXU, Ltd.
  M.D. Fla.· 2025-12-23
  The court granted the plaintiff's motion for a preliminary injunction, finding a substantial likelihood of success on claims for trademark infringement and breach of restrictive covenants.
• Delta Build Servs., Inc. v. E2F Homes, LLC
  M.D. Fla.· 2025-12-17
  The court held that the mere reliance on federal statutes as predicate acts for a state RICO claim does not create federal question jurisdiction, and therefore the case must be remanded to state court.
• Abraham v. THE Est. of W. Rockwell Wirtz
  Del. Ch.· 2025-12-15
  The Court of Chancery granted in part and denied in part the defendants' motion to dismiss. The court held that the plaintiff failed to state a claim for breach of the duty of disclosure and was not entitled to a quasi-appraisal remedy because he failed to perfect his appraisal r
• Cushing v. Holowaty
  Del. Super. Ct.· 2025-12-11
  The court denied the motion to dismiss for lack of subject matter jurisdiction over the declaratory judgment claim, finding the plaintiff sought monetary damages. However, the court granted the motion to dismiss the declaratory judgment count as duplicative of the fraud claim. Th