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M.D. Fla.·
2021-08-10
The court granted the motions to dismiss, finding insufficient allegations to establish personal jurisdiction over the defendants and that the claims failed to state a claim upon which relief could be granted.
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M.D. Fla.·
2020-12-22
The court held that it has subject matter jurisdiction and that the plaintiff has stated plausible claims for fraudulent transfer under the Florida Uniform Fraudulent Transfer Act, denying in part the defendants' motion to dismiss.
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M.D. Fla.·
2020-11-30
The court granted the plaintiff's motion for default judgment against the defaulted defendants on claims under Florida's Uniform Fraudulent Transfer Act.
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S.D. Fla.·
2020-09-25
The court granted in part and denied in part the motion to dismiss, finding the receiver has standing for FUFTA claims but must amend to adequately plead the creditor-debtor relationship and other deficiencies.
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M.D. Fla.·
2020-05-19
The court denied the motion to dismiss but sua sponte dismissed the complaint due to shotgun pleading, ordering the United States to file an amended complaint.
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S.D. Fla.·
2020-04-08
The court held that the Mills were not prevailing parties entitled to attorney's fees under Florida Statute § 57.105 because they consented to the bankruptcy court's abstention on the contractual indemnity claim, and the common law indemnity claim was a good faith attempt to exte
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S.D. Fla.·
2020-03-27
The court held that federal tax liens can attach to a debtor's interest in tenancy by the entireties property, and that Florida's Uniform Fraudulent Transfer Act (FUFTA) does not preclude the government from setting aside a transfer of such property made with actual intent to hin
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M.D. Fla.·
2020-02-18
The court held that the shorter limitations period under Florida's Uniform Fraudulent Transfer Act applies to claims brought under that Act in supplementary proceedings, but a money judgment may be sought under Fla. Stat. § 56.29(3)(b).
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S.D. Fla.·
2020-02-05
The Court adopts in part and declines to adopt in part the magistrate judge's report, granting in part and denying in part the defendants' motions to dismiss.
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Fla. 3d DCA·
2019-02-20
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 such claims must be addressed within the fra
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221 So. 3d 757·
Fla. 3d DCA·
2017-06-14
Appellants Marcus Berto and Werner Batista appealed an ex parte temporary injunction freezing nearly $63 million in assets in Florida. The Florida District Court of Appeal reversed and remanded, finding the trial court's order facially deficient and that the allegations were insu
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201 So. 3d 37·
Fla. 3d DCA·
2014-06-18
A judgment creditor appeals a trial court's denial of his fraudulent transfer claim against a judgment debtor and the debtor's wife. The debtor had transferred ten million shares of Scorpion stock from his individual name to joint names with his wife shortly after the creditor's
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1989 WL 133746·
M.D. Fla.·
2013-01-23
The court adopted the magistrate judge's report and recommendation, granting summary judgment for the Receiver and denying prejudgment interest, finding that the defendant received 'false profits' from a ponzi scheme.
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889 So. 2d 905·
Fla. 4th DCA·
2004-12-08
Where materials sought in discovery appear relevant to the subject matter of a pending action, including claims to pierce the corporate veil and equitable accounting, personal financial information is fully discoverable, and an order compelling such production cannot be reviewed