-
863 So. 2d 189·
Fla.·
2003-09-25
·cited 106×
The Florida Supreme Court resolved a conflict between district courts regarding whether claims under the Florida Uniform Fraudulent Transfer Act (FUFTA) must be stayed pending resolution of underlying substantive claims. The Court held that a person with a contingent, unliquidate
-
960 F.3d 1296·
11th Cir.·
2020-06-01
·cited 50×
The court held that routine bank deposits do not constitute a fraudulent transfer under FUFTA, and a receiver lacks standing to bring aiding and abetting claims when the fraudulent acts of the entity in receivership are imputed to the receiver.
-
60 F.4th 664·
11th Cir.·
2023-02-16
·cited 27×
The court held that it lacked jurisdiction over the appeal because the bankruptcy court's order was not final and the parties' attempt to cure this defect via a partial stipulation of dismissal was invalid.
-
65 F.4th 1335·
11th Cir.·
2023-04-11
·cited 23×
SE Property Holdings obtained a deficiency judgment against Neverve after Neverve defaulted on secured loans, and then sued when Neverve transferred settlement proceeds to attorneys to pay the principal's personal bankruptcy fees rather than apply them to the judgment. The Eleven
-
865 So. 2d 1272·
Fla.·
2004-01-29
·cited 22×
The Florida Supreme Court answered a certified question from the Eleventh Circuit, holding that Florida's Uniform Fraudulent Transfer Act (FUFTA) does not create a cause of action for damages against aiders and abettors to fraudulent transfers who are not themselves transferees.
-
96 F.4th 1303·
11th Cir.·
2024-03-19
·cited 11×
Brokers sued for a real estate commission after a seller signed a contract for a sugarcane farm, purporting to act for his co-owning brothers, but later refused to close.
-
196 So. 3d 383·
Fla. 3d DCA·
2016-03-09
·cited 11×
In this real estate dispute, the Florida Third District Court of Appeal reversed most of a trial court's judgment against David Houri for alleged breaches of fiduciary duty, fraud, and fraudulent transfers involving two condominium conversion projects, finding that the parties' c
-
192 So. 3d 498·
Fla. 2d DCA·
2016-03-30
·cited 10×
This case interprets Florida's Uniform Fraudulent Transfer Act (FUFTA) concerning the timeliness of claims to void fraudulent transfers. The court held that the one-year discovery savings clause in section 726.110(1) is triggered by discovery of the transfer itself, not discovery
-
611 F. Supp. 2d 1299·
M.D. Fla.·
2009-03-19
·cited 8×
The court granted summary judgment for the defendant on constructive fraud claims for return of principal and on unjust enrichment claims for transfers from specific accounts, but denied summary judgment on other claims due to disputed issues of material fact.
-
763 So. 2d 1206·
Fla. 3d DCA·
2000-04-19
·cited 6×
National Union Fire Insurance Company appeals a summary judgment in favor of Lawrence Grusky, challenging the trial court's application of res judicata and standing doctrines to bar National Union's fraudulent transfer action under Florida's Uniform Fraudulent Transfer Act. The c
-
992 F. Supp. 1439·
M.D. Fla.·
1998-02-03
·cited 6×
The court held that the transfer of Kerry's assets was a fraudulent transfer under Florida law because it was done with actual intent to defraud creditors and for less than reasonably equivalent value, and that the defendants engaged in civil conspiracy to effectuate this fraudul
-
616 So. 2d 527·
Fla. 4th DCA·
1993-03-24
·cited 6×
The court reversed a summary judgment dismissing a fraudulent transfer claim, holding that the Florida Uniform Fraudulent Transfer Act (FUFTA) cannot be applied retroactively to transfers made before its January 1, 1988 effective date. The issue was whether FUFTA's statute of lim
-
384 So. 3d 251·
Fla. 4th DCA·
2024-02-21
·cited 5×
The appellate court reversed a lower court's decision that barred a fraudulent transfer claim based on res judicata and collateral estoppel. The court held that a fraudulent transfer claim under the Florida Uniform Fraudulent Transfer Act is distinct from common law fraud and pie
-
773 F. Supp. 2d 1273·
M.D. Fla.·
2011-02-18
·cited 5×
The court held that the country club's attempt to unilaterally suspend or amend the membership deposit refund policy was an unreasonable interpretation of the contract and impaired the members' vested contractual rights.
-
273 So. 3d 147·
Fla. 3d DCA·
2019-02-20
·cited 4×
The appellate court affirmed the trial court's dismissal of several counts in Monique Abitbol's complaint. The court found that Florida law does not recognize separate civil claims for the intentional dissipation of marital assets, and that such claims should be handled within th
-
276 So. 3d 375·
Fla. 3d DCA·
2019-06-19
·cited 3×
The appellate court reversed in part and remanded a lower court's dismissal of a complaint, finding that Florida law recognizes a cause of action for a lender deliberately inflating the amount due under a mortgage in an estoppel letter. The court dismissed the appeal for other ap
-
231 B.R. 373·
S.D. Fla.·
1999-02-11
·cited 3×
The court held that the Trustee has standing to bring securities fraud claims, met pleading requirements for most claims, but failed to plead justifiable reliance for the Florida Blue Sky Law claim and continuity for the Florida RICO claim.
-
425 So. 3d 699·
Fla. 3d DCA·
2025-11-12
·cited 2×
A transferee's assumption of the transferor's mortgage debt and acceptance of responsibility for outstanding liens constitutes evidence of reasonably equivalent value under FUFTA, creating a genuine dispute of material fact that precludes summary judgment on fraudulent transfer c
-
414 B.R. 770·
M.D. Fla.·
2009-08-31
·cited 2×
The court affirmed the bankruptcy court's summary judgment, holding that the law firm was not an 'initial transferee' under the Bankruptcy Code because it acted as a mere conduit for funds, lacking dominion and control.
-
367 So. 3d 1264·
Fla. 3d DCA·
2023-07-26
·cited 1×
The trial court's order dismissing an amended complaint in part with prejudice and in part without prejudice, while allowing leave to file a second amended complaint, is not a final, partial final, or appealable interlocutory order, and therefore does not confer appellate jurisdi
-
331 So. 3d 728·
Fla. 4th DCA·
2021-12-08
·cited 1×
Westport Recovery Corporation sued Deborah Strong and her son Richard Cleveland under Florida's Uniform Fraudulent Transfer Act, alleging that Strong's sale of the 1906 Property to Cleveland for $100 was a fraudulent conveyance intended to hinder collection on Westport's judgment
-
385 F. Supp. 2d 1307·
M.D. Fla.·
2005-08-16
·cited 1×
The court held that an officer is not liable under Section 517.211(2) for selling unregistered securities unless they personally participated or aided in making the sale, and mere involvement in general corporate business is insufficient.
-
Fla. 4th DCA·
2026-09-02
When a default judgment is entered in a fraudulent transfer action under FUFTA, the court must hold an evidentiary hearing to determine unliquidated damages, and transferees may only be held liable for the value of assets transferred to them, not the entire outstanding judgment.
-
M.D. Fla.·
2025-11-24
The court recommended granting default judgment in part for fraudulent transfer and conspiracy to defraud claims, allowing voidance of certain property transfers and the right to levy execution, but denying other claims and damages.
-
11th Cir.·
2025-10-27
The court certified several questions of Florida law to the Florida Supreme Court regarding the availability of remedies under Florida Statute § 56.29 and the application of its amendments, as state appellate courts have reached conflicting conclusions.
-
S.D. Fla.·
2025-08-18
The court recommended granting in part and denying in part the motion to strike affirmative defenses, treating some as denials and upholding others.
-
M.D. Fla.·
2025-02-12
Rustik Haws, LLC, a publishing company, sued defendants for misappropriating its trade secrets, clients, and copyrighted materials after IDENTIQA Solutions and a competitor, Lime Press, improperly accessed its confidential information and diverted customers through deceptive prac
-
M.D. Fla.·
2024-11-22
The court held that it lacked ancillary jurisdiction to consider the plaintiffs' reverse corporate piercing claim because it sought to impose liability on a third party not already liable for the original judgment.
-
M.D. Fla.·
2024-09-19
A pharmaceutical company's RICO and breach of contract claims against a distributor were largely dismissed on summary judgment, with the court finding that the company (Virtus) was collaterally estopped from arguing that the distributor's criminal conduct caused its losses, since
-
M.D. Fla.·
2024-09-16
The court held that the amended complaint sufficiently alleged facts to withstand a motion to dismiss for failure to state a claim under Florida's Uniform Fraudulent Transfer Act (FUFTA).
-
M.D. Fla.·
2024-03-31
A bankruptcy trustee for Universal Health Care Group brought fraudulent transfer claims against private equity firm Warburg Pincus and its investment fund over a 2011 stock redemption funded by debt, along with breach of fiduciary duty claims against Warburg and its representativ
-
M.D. Fla.·
2024-03-28
The court held that the defendant's investment should be assessed independently and granted summary judgment because the plaintiff failed to present evidence of actual or constructive fraud related to the defendant's stock redemption.
-
Fla. 4th DCA·
2024-02-21
A claim for fraudulent transfer under Florida's Uniform Fraudulent Transfer Act is a separate and distinct cause of action from common law fraud and corporate veil piercing, and therefore prior rulings rejecting those claims do not bar a subsequent fraudulent transfer claim under
-
388 So. 3d 907·
Fla. 3d DCA·
2024-01-10
A partial final judgment authorizing immediate execution must be quashed when the resolved claims and pending claims rely on the same operative facts and are intertwined, as execution would cause irreparable harm and constitute a departure from the essential requirements of law.
-
M.D. Fla.·
2023-09-29
The court granted summary judgment in part, finding the defendant breached her fiduciary duty as trustee and that her transfer of property was both actually and constructively fraudulent, while denying the claim for overdue distribution as a separate cause of action.
-
M.D. Fla.·
2023-08-15
The court held that the Receiver is entitled to summary judgment on his claim for fraudulent transfers under the Florida Uniform Fraudulent Transfer Act, as the defendants received false profits from a Ponzi scheme and failed to establish affirmative defenses of good faith or rea
-
M.D. Fla.·
2023-08-11
The court granted the defendant's motion to transfer the case to the Middle District of Florida, finding it to be a proper and more convenient forum.
-
M.D. Fla.·
2023-07-11
The court held that the plaintiff's First Amended Complaint sufficiently alleged claims under Florida's Uniform Fraudulent Transfer Act (FUFTA) to withstand a motion to dismiss.
-
M.D. Fla.·
2023-06-21
The court denied the motion for default judgment without prejudice because a summary judgment motion on the same claims was pending and to avoid inconsistent judgments.
-
M.D. Fla.·
2023-06-16
The court granted summary judgment for the United States, holding that federal tax liens attach to all of Williams' property, including the Sanibel Property, and that Williams owes the assessed tax liabilities, penalties, and interest.
-
M.D. Fla.·
2023-06-07
The court held that discovery should be stayed pending resolution of the underlying issues determining creditor status.
-
Fla. 6th DCA·
2023-06-02
-
M.D. Fla.·
2023-05-18
The court held that it lacked subject-matter jurisdiction because the amended complaint failed to allege a federal question or adequately establish supplemental jurisdiction.
-
M.D. Fla.·
2023-05-17
The court held that the complaint was a shotgun pleading and therefore stricken, and the motion for a preliminary injunction was denied without prejudice for failure to provide notice.
-
M.D. Fla.·
2023-03-27
The court recommended granting default judgment for violations of the Florida Uniform Fraudulent Transfer Act and Aiding and Abetting Breaches of Fiduciary Duties, but denied the Unjust Enrichment claim as moot because it was pled in the alternative.
-
M.D. Fla.·
2023-01-09
The court held that sanctions were not warranted against the plaintiff for filing an amended complaint or an emergency motion, as these actions were not objectively frivolous or presented for an improper purpose at this stage.
-
M.D. Fla.·
2022-06-30
The court held that a preliminary injunction is unwarranted because the plaintiff failed to establish irreparable harm, as the remedies sought relate to collecting a money judgment and adequate legal remedies exist.
-
M.D. Fla.·
2022-03-29
Summary judgment was granted against individual defendants for actual fraudulent transfers, and default judgment was entered against Accessory 4G LLC.
-
M.D. Fla.·
2022-03-10
The court held that a supplemental complaint alleging fraudulent transfers and other claims constitutes an independent civil action, warranting a case management order and a stay of discovery. The court also found good cause and unusual circumstances to grant the stay.
-
M.D. Fla.·
2021-09-17
The Court denied all motions to dismiss, finding that the receiver's claims for fraudulent transfers and unjust enrichment were sufficiently stated and that jurisdiction, venue, and service of process were proper.