Fraud On The Court

692 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• DeCLAIRE v. Yohanan
  453 So. 2d 375· Fla.· 1984-06-07 ·cited 233×
  The Florida Supreme Court held that a husband's false financial affidavit in a dissolution proceeding constituted intrinsic fraud, not extrinsic fraud, and therefore did not qualify as fraud on the court sufficient to set aside a property settlement agreement three years after fi
• COX v. Burke
  706 So. 2d 43· Fla. 5th DCA· 1998-01-23 ·cited 183×
  Cox appeals dismissal of her legal malpractice action against her former attorneys Burke and Gordon, who withdrew representation after the statute of limitations expired on her underlying medical malpractice claim. The court upheld dismissal based on Cox's pervasive fraud in disc
• Greater Boston Television Corp. v. Fed. Commc'ns Comm'n
  463 F.2d 268· D.C. Cir.· 1971-12-29 ·cited 161×
  The court held that it has the inherent authority to recall its mandate to prevent injustice, even after affirmance of an agency order, particularly when new allegations could compromise the integrity of the administrative process.
• Salim Aoude v. Mobil OIL Corp.
  892 F.2d 1115· 1st Cir.· 1989-12-29 ·cited 160×
  A district court has the inherent power to dismiss a case for fraud on the court, and such dismissal is reviewed for abuse of discretion.
• Sec. & Exch. Comm'n v. ESM Grp., Inc.
  835 F.2d 270· 11th Cir.· 1988-01-07 ·cited 118×
  The court held that the plaintiff's allegations of fraud did not constitute fraud on the court or meet the requirements for an independent action to set aside a judgment, thus affirming the dismissal.
• Chapman v. St. Stephens Protestant Episcopal
  105 Fla. 683· Fla.· 1931-07-21 ·cited 104×
  G.A. Chapman sought to foreclose a mechanic's lien for labor and materials provided in repairing and enlarging a church property held in title by the Trustees of the Diocese of South Florida but used by St. Stephens Protestant Episcopal Church, Inc. The Florida Supreme Court reve
• Pino v. The Bank OF NEW York
  121 So. 3d 23· Fla.· 2013-02-07 ·cited 103×
  The Florida Supreme Court held that a trial court lacks jurisdiction to strike a plaintiff's notice of voluntary dismissal based on fraud allegations unless the fraud resulted in the plaintiff obtaining affirmative relief that was then protected by the dismissal. The decision add
• Frederic G. Chisholm v. Chisholm
  98 Fla. 1196· Fla.· 1929-12-31 ·cited 102×
  Frederic Chisholm appeals a chancellor's order denying his motion to vacate a divorce decree entered against him in 1926. The court reversed, finding that the decree was void for lack of jurisdictional facts and procedural defects, including failure to provide proper notice of a
• Pruitt v. Brock
  437 So. 2d 768· Fla. 1st DCA· 1983-09-13 ·cited 91×
  This case addresses whether a timely motion for rehearing tolls the one-year deadline for filing a motion for relief from judgment under Florida Rule of Civil Procedure 1.540(b). The court held that the one-year period does not commence until the motion for rehearing is disposed
• Flemenbaum v. Lily Flemenbaum
  636 So. 2d 579· Fla. 4th DCA· 1994-05-11 ·cited 80×
  The court held that a motion for relief from judgment based on fraud must state the circumstances with particularity to warrant an evidentiary hearing.
• Morgan v. Campbell
  816 So. 2d 251· Fla. 2d DCA· 2002-05-17 ·cited 77×
  A trial court may dismiss a plaintiff's complaint with prejudice as a sanction when the plaintiff perpetrates fraud on the court by giving false testimony about matters central to the claim, and dismissal is a reasonable sanction when the plaintiff provides half-truths and omissi
• The W. E. Bassett Co. v. Revlon, Inc.
  435 F.2d 656· 2d Cir.· 1970-11-10 ·cited 77×
  The court held that Revlon infringed Bassett's trademark, was in contempt, and must provide a full accounting of profits, but reversed the denial of Bassett's claim for expenses in addition to the accounting.
• Bueno v. Ilene Workman
  20 So. 3d 993· Fla. 4th DCA· 2009-10-28 ·cited 76×
  The Florida Fourth District Court of Appeal reversed a circuit court's dismissal of a motor vehicle negligence action based on estoppel, waiver, and election of remedies. The court held that none of these doctrines applied to bar the plaintiff's claim against the defendant, even
• Kinnear-Weed Corp. v. Humble OIL & Ref. Co.
  441 F.2d 631· 5th Cir.· 1971-04-26 ·cited 73×
  The court held that the plaintiff failed to prove judicial disqualification or fraud, and that the district court did not err in denying the claims, awarding costs, or issuing an injunction against further litigation of the same issues.
• Shrader v. Aurelia Shrader
  36 Fla. 502· Fla.· 1895-06-01 ·cited 72×
  This case involves two companion suits between Norman and Aurelia Shrader concerning the validity of a divorce decree and the wife's right to alimony. The Florida Supreme Court held that the divorce decree was void due to defective service of process by publication that failed to
• In re Coordinated Pretrial Proceedings in Antibiotic Antitrust Actions. Pfizer, Inc. v. Int'l Rectifier Corp.
  538 F.2d 180· 8th Cir.· 1976-06-16 ·cited 71×
  The court held that the district court erred in granting partial summary judgment because genuine issues of material fact remained regarding Pfizer's alleged misconduct before the Patent Office and the court.
• Jung Ja Malandris v. Merrill Lynch
  703 F.2d 1152· 10th Cir.· 1981-03-04 ·cited 70×
  The dissenting judge believes the compensatory damages are excessive and a new trial is required, disagreeing with the majority's remittitur on punitive damages.
• Metro. Dade Cnty. v. Martinsen
  736 So. 2d 794· Fla. 3d DCA· 1999-07-14 ·cited 68×
  Metropolitan Dade County appeals a personal injury judgment, contending the trial court abused its discretion by failing to dismiss the case based on the plaintiff's material misrepresentations and omissions in discovery regarding her prior medical history and injuries. The Third
• Jacob v. Cal Henderson
  840 So. 2d 1167· Fla. 2d DCA· 2003-03-28 ·cited 60×
  Wilma Jacob appealed a trial court's dismissal with prejudice of her personal injury action based on a finding of fraud on the court. The appellate court reversed, holding that dismissal with prejudice was an abuse of discretion because the discrepancies between Mrs. Jacob's depo
• Cerniglia v. Cerniglia
  679 So. 2d 1160· Fla.· 1996-09-05 ·cited 59×
  The Florida Supreme Court held that allegations of coercion, duress, and fraudulent financial disclosure in a marital settlement agreement constitute intrinsic fraud subject to a one-year time limit for seeking relief, not extrinsic fraud that could be raised at any time. The cou
• Addington v. Farmer's Elevator Mut. Ins. Co.
  650 F.2d 663· 5th Cir.· 1981-07-13 ·cited 58×
  The court held that the district court implicitly denied the plaintiff's motion to amend his complaint and did not abuse its discretion in doing so, as the proposed amendment was futile and would have caused prejudice.
• Ilene Sales Kornblum v. Schneider
  609 So. 2d 138· Fla. 4th DCA· 1992-12-02 ·cited 57×
  Appellant's personal injury complaint was dismissed by the trial court as a sanction for alleged fraud on the court. The appellate court reversed, holding that dismissal of the plaintiff's legitimate claim was an abuse of discretion where the plaintiff did not authorize or have k
• Masilotti v. Masilotti
  158 Fla. 663· Fla.· 1947-03-28 ·cited 55×
  A bill in the nature of a bill of review seeking to set aside a divorce decree and property settlement was properly dismissed because the allegations of invalid service, fraud, and deceit were insufficient to overcome the presumptions of validity and the plaintiff's own conduct.
• Root Ref. Co. v. Universal Oil Prods. Co.
  169 F.2d 514· 3d Cir.· 1948-07-06 ·cited 51×
  The court held that it possesses the inherent power to investigate the integrity of its own judgments, even after the term has expired, and can vacate them if procured by fraud, provided proper adversary safeguards are observed.
• State v. Ollis Burton
  314 So. 2d 136· Fla.· 1975-06-04 ·cited 50×
  A trial court has the inherent power to vacate an order procured by fraud, even after the time for rehearing has passed.
• Corabi v. Auto Racing, Inc.
  264 F.2d 784· 3d Cir.· 1959-02-26 ·cited 50×
  The appointment of a non-resident administrator, even for the express purpose of creating diversity jurisdiction, is not improper or collusive under 28 U.S.C. § 1359 if the administrator has the capacity to sue and the controversy is real.
• Sonny Ramey and Vicky Ramey v. Haverty Furniture Cos., Inc.
  993 So. 2d 1014· Fla. 2d DCA· 2008-01-18 ·cited 49×
  The Rameys appealed the trial court's dismissal of their negligence action against Haverty Furniture for fraud on the court after the plaintiff gave false deposition testimony and interrogatory answers about his prior medical history involving headaches and neck pain, which were
• McCOY v. State
  599 So. 2d 645· Fla.· 1992-04-30 ·cited 48×
  The Florida Supreme Court reversed the trial court's vacation of McCoy's plea and resentencing to a harsher sentence, holding that a plea agreement cannot be vacated for breach unless its specific terms were expressly presented to and approved by the court on the record. The deci
• H. K. Porter Co., Inc. v. The Goodyear Tire & Rubber Co.
  536 F.2d 1115· 6th Cir.· 1976-06-09 ·cited 48×
  The court held that the district court did not abuse its discretion in denying Goodyear's motion for post-judgment discovery based on fraud allegations, and that the damages awarded were supported by substantial evidence.
• Donell Baker v. Myers Tractor Servs., Inc.
  765 So. 2d 149· Fla. 1st DCA· 2000-06-26 ·cited 47×
  Baker appeals dismissal with prejudice of his negligence action as a sanction for material false testimony during discovery about prior knee injuries, the central issue in his case. The court affirmed the dismissal, finding no abuse of discretion by the trial court in imposing th
• Hanono v. Murphy
  723 So. 2d 892· Fla. 3d DCA· 1998-12-30 ·cited 47×
  A postman sued homeowners for injuries allegedly caused by their dogs. Though the trial court directed a verdict for the postman, he was subsequently convicted of 14 counts of perjury for lying in his deposition about his injuries, which videotape evidence contradicted. The appel
• TRI Star Invs., Inc. v. Miele
  407 So. 2d 292· Fla. 2d DCA· 1981-12-11 ·cited 46×
  The court held that the trial court abused its discretion by dismissing the action with prejudice based on unproven allegations of fraud on the court.
• Mayflower Inv. Co. v. Brill
  137 Fla. 287· Fla.· 1939-04-18 ·cited 46×
  Mayflower Investment Company, an intervenor in a lawsuit, sought to vacate a dismissal order entered without notice to it. The Florida Supreme Court held that due process requires notice and an opportunity to be heard before a party's rights are taken away, and reversed its prior
• Rosebud Sioux Tribe v. A & P Steel, Inc.
  733 F.2d 509· 8th Cir.· 1984-04-25 ·cited 45×
  The court held that the denial of the Tribe's motion for relief from judgment was an abuse of discretion, and that an erroneous agency instruction given to the jury was prejudicial.
• Watts v. Newport
  151 Fla. 209· Fla.· 1942-07-24 ·cited 45×
  The Florida Supreme Court clarified its prior decision denying Beatrice Newport's petition for costs and attorneys' fees in an unsuccessful will probate proceeding. The Court held that while an executor offering a will in proper legal form is generally entitled to recover costs a
• Anne Anderson v. Beatrice Foods Co.
  900 F.2d 388· 1st Cir.· 1990-03-26 ·cited 43×
  The court affirmed the denial of the plaintiffs' Rule 60(b)(3) motion and the district court's decision regarding sanctions, finding no clear error in the lower court's factual determinations or abuse of discretion in its handling of sanctions.
• Brown v. Brown
  432 So. 2d 704· Fla. 3d DCA· 1983-06-07 ·cited 43×
  Ruth Brown appealed the dismissal of her counterclaim alleging that her ex-husband fraudulently induced her to execute a property settlement agreement and mortgage. The court reversed, holding that Florida Rule of Civil Procedure 1.540(b) permits independent actions based on extr
• Alexander v. First Nat'l Bank OF Titusville
  275 So. 2d 272· Fla. 4th DCA· 1973-03-28 ·cited 43×
  The court held that the counterclaim, alleging fraud in prior judgments, did not sufficiently plead 'fraud on the court' to support an independent action and should have been brought by motion under Rule 1.540(b).
• Elliot Katz v. State
  335 So. 2d 608· Fla. 2d DCA· 1976-07-09 ·cited 42×
  Katz appeals an increased sentence imposed after the trial court discovered he and his wife made false statements at the original sentencing hearing. The court holds that despite the fraud, the trial court lacked authority to increase the sentence under the Double Jeopardy Clause
• Josephine C. Toscano aka Josephine C. Zelasko v. Commissioner OF Internal Revenue
  441 F.2d 930· 9th Cir.· 1971-04-28 ·cited 42×
  The Tax Court did not abuse its discretion in denying a motion to vacate a prior decision based on alleged fraud on the court, as the alleged fraud did not involve a scheme to deceive the court and the marital status was not an issue.
• Aurelia Ruiz v. City OF Orlando
  859 So. 2d 574· Fla. 5th DCA· 2003-11-21 ·cited 41×
  Aurelia Ruiz appeals the trial court's dismissal of her negligence action against the City of Orlando based on a finding that she committed fraud on the court by allegedly concealing prior back injuries during her deposition. The appellate court reverses, holding that the conflic
• Arrieta-Gimenez v. Arrieta-Negron
  551 So. 2d 1184· Fla.· 1989-08-31 ·cited 40×
  A consent judgment is entitled to res judicata effect and can only be attacked for fraud on the court; intrinsic fraud does not provide grounds for attack after the time limit.
• Emmett J. Stebbins v. Keystone Ins. Co.
  481 F.2d 501· D.C. Cir.· 1973-06-05 ·cited 40×
  The court held that a pro se litigant's lack of awareness of legal doctrines like collateral estoppel can prevent its application if the court fails to provide adequate guidance.
• Meyer v. United States
  424 F.2d 1181· 8th Cir.· 1970-04-20 ·cited 40×
  A guilty plea induced by government promises or threats, even if not disclosed to the court, is void if the inducement was the sole basis for the plea. The government's silence when a defendant falsely denies inducements constitutes a fraud on the court.
• Empire World Towers, LLC v. CDR Créances
  89 So. 3d 1034· Fla. 3d DCA· 2012-05-30 ·cited 39×
  The Cohens and their corporate entities appealed from a default judgment imposed as a sanction for fraud upon the court, where they orchestrated an elaborate scheme involving forged documents, perjured testimony, and suborned witness perjury to conceal their ownership of offshore
• Sottile v. Gaines Constr. Co.
  281 So. 2d 558· Fla. 3d DCA· 1973-07-03 ·cited 39×
  Sottile, an indemnitor on a construction bond, executed a general release in favor of Gaines Construction Company. Years later, when materialmen sued Gaines and the surety, Sottile was brought in as an indemnitor defendant, ultimately obtaining a default judgment against Gaines.
• Martina Theatre Corp. v. Schine Chain Theatres, Inc.
  278 F.2d 798· 2d Cir.· 1960-05-13 ·cited 39×
  The court held that the plaintiff's complaint seeking equitable relief to set aside a settlement and release was properly dismissed because, even if the settlement was procured by fraud or duress, the plaintiff had adequate remedies at law and had not demonstrated a sufficient ba
• Lovett v. State
  29 Fla. 384· Fla.· 1892-01-01 ·cited 39×
  The Florida Supreme Court vacates its prior judgment reversing a murder conviction after discovering that the trial court record submitted on appeal was false. Although the defendant's counsel innocently submitted an inaccurate transcript, the Court holds it has jurisdiction to r
• Arzuman v. Shamsah Saud and Lawrence Bunin
  843 So. 2d 950· Fla. 4th DCA· 2003-04-09 ·cited 37×
  Arzuman appealed dismissal of his claims against the owners of Rainbow Jumpers, Inc., a horse business, after the trial court found he committed perjury and fraud on the court. The appellate court reversed, holding that Arzuman's conflicting testimony about corporate ownership re
• Skinner v. White
  505 F.2d 685· 5th Cir.· 1974-12-23 ·cited 37×
  The court held that the contempt judgment must be reversed because the proceeding lacked the basic procedural requirements for either civil or criminal contempt, including adequate notice.