Fraud On The Court

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

• Bartel v. J & A Balboa Enters., Inc.
  703 So. 2d 1140· Fla. 5th DCA· 1997-12-05 ·cited 2×
  Jo Ruth Bartel appealed from an order denying her motions for relief from an order compelling her to execute a mediation settlement agreement. She claimed her attorney committed fraud on the court through misconduct and misrepresentation. The court affirmed because Bartel failed
• Goldfarb v. Daitch
  696 So. 2d 1199· Fla. 3d DCA· 1997-05-21 ·cited 2×
  Goldfarb, an attorney, filed a motion for disbursement of foreclosure surplus funds on behalf of Daitch without her actual knowledge or authorization, receiving a fee from the disbursed funds. The trial court vacated the disbursement orders and ordered Goldfarb to return the fee
• Martinez v. Martinez
  662 So. 2d 1319· Fla. 3d DCA· 1995-11-01 ·cited 2×
  The trial court erred in vacating a modification order based on insufficient allegations of fraud on the court.
• Lathrop v. Dorinda E. Lathrop
  627 So. 2d 1317· Fla. 2d DCA· 1993-12-10 ·cited 2×
  The court held that the ex-husband waived his right to contest paternity by failing to raise the issue before the final judgment of dissolution was entered, despite having prior doubts.
• Pittman v. Sunshine Bank
  607 So. 2d 515· Fla. 1st DCA· 1992-11-18 ·cited 2×
  A complaint alleges fraud adequately when it includes allegations that representations were knowingly false when made, and an equitable claim to set aside a judgment based on fraud does not require allegations of monetary damages.
• Walden v. Munson
  593 So. 2d 1215· Fla. 2d DCA· 1992-02-21 ·cited 2×
  The Florida Department of Health and Rehabilitative Services and Mary Walden appealed an order requiring HLA blood testing to revisit a paternity judgment entered nearly four years earlier. The Second District Court of Appeal reversed, holding that the paternity issue was resolve
• In re Vern O. Laing v. Vern O. Laing
  945 F.2d 354· 10th Cir.· 1991-09-24 ·cited 2×
  The court held that the bankruptcy court and district court erred in denying preclusive effect to the state court judgment based on fraud, as the alleged fraud was not extrinsic to the issues litigated in the state court.
• McCOY v. State
  582 So. 2d 680· Fla. 2d DCA· 1991-06-19 ·cited 2×
  Rhonda McCoy appealed from the trial court's vacation of her original cocaine trafficking sentence and imposition of a harsher sentence more than 60 days later and after expiration of the court term. The court affirmed but certified a question of great public importance to the Fl
• Micale v. Micale
  542 So. 2d 415· Fla. 4th DCA· 1989-04-19 ·cited 2×
  The court held that the wife's claims of extrinsic fraud were not supported by the evidence, and making a bad bargain is insufficient to vacate a property settlement agreement.
• Morales v. Four Star Poultry & Provision Co., Inc.
  523 So. 2d 1183· Fla. 3d DCA· 1988-03-22 ·cited 2×
  Morales appeals the trial court's order denying her Rule 1.540 motion to set aside sanctions (striking of pleadings and defense) imposed for alleged discovery violations. The appellate court reversed, finding that the primary basis for sanctions—Morales's failure to produce cash
• Virgin Islands Hous. Auth. v. David
  823 F.2d 764· 3d Cir.· 1987-07-10 ·cited 2×
  An appellate court can reverse a judgment premised on a party's misrepresentation and order the district court to consider sanctions against the offending attorney.
• Bulloch v. Pearson
  768 F.2d 1191· 10th Cir.· 1985-07-26 ·cited 2×
  Plaintiffs are collaterally estopped from relitigating the issue of fraud on the court, as it is a prerequisite to their due process claim and was decided in a prior case under the same standard of proof.
• Dionisio Gomez and Ana Maria Suarez v. Espinosa
  466 So. 2d 1201· Fla. 3d DCA· 1985-04-09 ·cited 2×
  This case involves a custody dispute between an unmarried father who removed children to Spain and their mother who sought to regain custody in Florida. The appellate court reversed the trial court's vacatur of its own prior orders dismissing the custody petition and granting the
• Williams v. State
  448 So. 2d 1236· Fla. 1st DCA· 1984-04-25 ·cited 2×
  A defendant who enters a nolo contendere plea based on an agreed sentence must be permitted to withdraw the plea if material information is later discovered during presentence investigation that would change the applicable sentencing guidelines, even if the defendant concealed th
• In re Hartford Textile Corp. v. Hartford Textile Corp.
  681 F.2d 894· 2d Cir.· 1982-05-17 ·cited 2×
  The court held that the denial of Shuffman's request to advise the appellate court of an alleged error is not an appealable final decision under 28 U.S.C. § 1291.
• United States v. Lanier
  616 F.2d 1059· 8th Cir.· 1980-03-14 ·cited 2×
  The court held that the appellant failed to demonstrate that his conviction was based on the fraudulent use of false and misleading evidence, and therefore his motion was properly denied.
• O'Connor v. O'Connor
  357 So. 2d 763· Fla. 3d DCA· 1978-04-18 ·cited 2×
• Fleet v. Fleet
  345 So. 2d 792· Fla. 4th DCA· 1977-04-15 ·cited 2×
  In this family law appeal, both spouses appealed from the trial court's dismissal of their respective modification petitions. The court reversed, holding that the trial judge erred in dismissing the petitions before allowing either party to complete their presentation of evidence
• Potter v. Potter
  293 So. 2d 718· Fla. 1st DCA· 1974-05-02 ·cited 2×
  This appeal concerns whether a trial court properly dismissed a complaint seeking imposition of a constructive trust on land conveyed in 1919 by finding the issue was already adjudicated in a prior partition suit. The court held that while the dismissal was proper on its face, th
• Diamond v. State
  270 So. 2d 459· Fla. 4th DCA· 1972-12-19 ·cited 2×
  The court held that the appellant's false testimony did not occur during the specific judicial proceeding charged in the information, thus the conviction for perjury must be reversed.
• Am. Calmal Corp. v. Alderman
  264 So. 2d 454· Fla. 3d DCA· 1972-07-11 ·cited 2×
  American Calmal Corporation appealed a trial court judgment dismissing its fraud claim against the Aldermans and denying specific performance of an alleged oral contract for reconveyance of mortgaged property. The court affirmed, holding that the mortgage foreclosure was valid de
• The Salvation Army v. Morris
  421 F.2d 805· 10th Cir.· 1970-02-09 ·cited 2×
  The court held that the alleged fraud was extrinsic, allowing for federal equitable jurisdiction to impose a constructive trust, and that the jurisdictional amount was met.
• V & S ICE Mach. Co., Inc. v. Eastex Poultry Co., Inc.
  381 F.2d 303· 5th Cir.· 1967-07-25 ·cited 2×
  The court held that the district court erred in granting summary judgment based on res judicata because the prior adjudication of non-infringement applied to a different exhibit than the one considered by the district court.
• Kethel Osborne v. Swope
  226 F.2d 908· 9th Cir.· 1955-10-27 ·cited 2×
  A convicted soldier must exhaust administrative remedies, specifically petitioning for a new trial under Article 73, before seeking federal habeas corpus relief.
• Deauville Assocs., Inc. v. Murrell
  197 F.2d 91· 5th Cir.· 1952-05-20 ·cited 2×
  The court held that the appellant's petition lacked legal substance and did not present grounds for relief under Rule 60(b) or for vacating sale orders.
• Stephen Foster Hotel v. S. Bell TEL. Co.
  1 Fla. Supp. 147· Dade Cty. Cir. Ct.· 1951-10-31 ·cited 2×
  Stephen Foster Hotel sought to enjoin Southern Bell Telephone Company from disconnecting its phone service after the sheriff seized gambling equipment in a hotel room. The court dissolved the temporary injunction, found the hotel's telephone equipment was being used for illegal g
• Gibbons v. Brandt
  181 F.2d 650· 7th Cir.· 1950-05-04 ·cited 2×
  The court held that allegations of fraud against the appellees were insufficient to warrant a hearing, as they were based on surmise and conjecture rather than factual allegations, and the lower court correctly followed the appellate mandate.
• French v. Jeffries
  149 F.2d 555· 7th Cir.· 1945-05-07 ·cited 2×
  A federal court lacks jurisdiction over a case that is collusively filed and lacks a genuine dispute or controversy, even if the parties attempt to stipulate jurisdiction.
• Gouldy v. Chiasson
  Fla. 4th DCA· 2026-07-22 ·cited 1×
  The trial court properly awarded appellate attorney's fees and costs of $65,662.23 to Chiasson under section 772.11(1), Florida Statutes, because the trial court's section 57.105(1) sanctions finding—affirmed on appeal—constituted an express finding that Gouldy's civil theft clai
• Caraballo v. State
  422 So. 3d 665· Fla. 6th DCA· 2025-10-24 ·cited 1×
  Postconviction relief motions challenging criminal convictions are quasi-criminal in nature and must be governed by Florida Rule of Criminal Procedure 3.850, not Florida Rule of Civil Procedure 1.540, even when technically styled as civil motions. The trial court erred in applyin
• Medvend, LLC v. Innovations Avocare, LLC
  Fla. 1st DCA· 2024-11-27 ·cited 1×
  An order dismissing a plaintiff's claims is not a final or appealable order when related counterclaims by the defendants remain pending and unaddressed by the trial court.
• Pro Choice Remediation Inc. v. Old Dominion Ins. Co.
  400 So. 3d 789· Fla. 1st DCA· 2024-11-27 ·cited 1×
  Dismissal with prejudice for fraud on the court is an extraordinary remedy that requires clear and convincing proof that a party sentiently set in motion an unconscionable scheme calculated to interfere with the judicial system's ability to adjudicate impartially. Pro Choice's is
• Adams v. Sec'y, Dep't of Corr. (Putnam County)
  2016 WL 6037535· M.D. Fla.· 2024-09-30 ·cited 1×
  The court denied the petitioner's motion to alter or amend the judgment, finding no manifest error of law or fact in its prior denial of the habeas corpus petition.
• WLT Software Enters., Inc. v. Brooks
  361 So. 3d 927· Fla. 2d DCA· 2023-05-19 ·cited 1×
  The appellate court affirmed the trial court's denial of a motion to strike a voluntary dismissal. The court found that the appellant failed to demonstrate grounds for relief under Rule 1.540(b), such as fraud or mistake, and that the proper recourse for a shareholder in such a d
• Spencer v. Deutsche Bank Nat'l Tr. Co.
  283 So. 3d 1284· Fla. 1st DCA· 2019-12-04 ·cited 1×
  The appellate court dismissed an appeal because the notice of appeal was filed too late. The appellant's motion to set aside the judgment, filed under a rule that does not toll appeal deadlines, did not extend the time to appeal.
• Perez v. Safepoint Ins. Co.
  Fla. 3d DCA· 2019-11-13 ·cited 1×
  The appellate court vacated a trial court's order dismissing an insured's lawsuit for fraud on the court. The court found that while the insured's affidavit contained questionable statements, the trial court failed to consider lesser sanctions and adequately address the attorney'
• Duncan v. State
  259 So. 3d 926· Fla. 5th DCA· 2018-11-16 ·cited 1×
  When a defendant erroneously files a Rule 1.540(b) motion in a criminal case that collaterally attacks a conviction, the trial court must treat it as a Rule 3.850 motion, strike it as facially insufficient if necessary, and grant the defendant at least one opportunity to amend.
• U.S. Bank v. Raheb
  259 So. 3d 912· Fla. 3d DCA· 2018-11-14 ·cited 1×
  A mortgagee may file a subsequent foreclosure action based on a different default date, and a trial court errs in dismissing such an action with prejudice when the dismissal order contains findings not pronounced at the hearing and considers matters outside the complaint.
• Wallace v. State
  254 So. 3d 1085· Fla. 1st DCA· 2018-08-24 ·cited 1×
  Appellant Wallace challenged a postconviction court's denial of his motion for relief based on alleged fraud on the court, claiming his trial counsel Mr. Hunt fraudulently testified at a 2011 evidentiary hearing and falsified notes regarding advice about Prison Releasee Reoffende
• Niehaus v. Dixon
  237 So. 3d 478· Fla. 5th DCA· 2018-02-16 ·cited 1×
  A dismissal with prejudice for fraud upon the court must be supported by clear and convincing evidence, and at least two of the trial court's eight findings were not supported by competent substantial evidence; the case is remanded for reconsideration of whether the remaining fin
• Manzaro v. D'Alessandro
  229 So. 3d 843· Fla. 4th DCA· 2017-11-01 ·cited 1×
  Appellant Manzaro sought relief from a 2012 custody order in a different circuit court than the one that issued it, claiming fraud on the court and lack of personal jurisdiction. The Fourth District Court of Appeal affirmed the dismissal of his complaint and imposed sanctions, fi
• Edelmiro Duarte v. Snap-On Inc.
  216 So. 3d 771· Fla. 2d DCA· 2017-05-03 ·cited 1×
  Edelmiro Duarte appealed a trial court's dismissal of his personal injury lawsuit based on an allegation of fraud upon the court. The Florida District Court of Appeal reversed, holding that the limited documentary record was insufficient to justify dismissal as a sanction for fra
• Lanson v. Reid
  314 So. 3d 279· Fla. 3d DCA· 2017-03-27 ·cited 1×
  Appellants appealed a trial court order dismissing their Amended Complaint with prejudice more than 20 months after the dismissal was rendered. The appellate court dismissed the appeal for lack of jurisdiction because the notice of appeal was untimely filed, exceeding the 30-day
• Anabel Romero v. Wells Fargo Bank
  209 So. 3d 633· Fla. 2d DCA· 2017-01-20 ·cited 1×
  Anabel Romero appeals a circuit court's denial of her motion to vacate a foreclosure judgment, claiming extrinsic fraud. The appellate court vacates and remands because Romero's motion was filed more than one year after the judgment, exceeding the strict jurisdictional deadline u
• Fallon Rahima Jallali v. Christiana Tr.
  184 So. 3d 559· Fla. 4th DCA· 2016-01-06 ·cited 1×
  Christiana Trust sought to foreclose a mortgage against Fallon Jallali, but the Florida Fourth District Court of Appeal reversed the foreclosure judgment, finding that Christiana Trust lacked standing to foreclose because the original lender, Countrywide, did not possess the blan
• Ognenovic v. David J. Giannone, Inc.
  184 So. 3d 1135· Fla. 4th DCA· 2015-10-07 ·cited 1×
  Steve Ognenovic appealed a trial court's denial of his motion for relief from voluntary dismissal and an order dismissing his fraud and civil theft claims against David J. Giannone, Inc. The Fourth District Court of Appeal affirmed, finding that Ognenovic failed to demonstrate gr
• Walgreen Co. v. Sklandis
  895 So. 2d 1201· Fla. 3d DCA· 2005-02-23 ·cited 1×
  Walgreen Company's appeal of a personal injury judgment was affirmed on the fraud-on-the-court and evidence-admission issues, but the attorney's fees award was remanded for recalculation using the correct settlement proposal date.
• In re Timely Secretarial Serv., Inc. v. Timely Secretarial Serv., Inc.
  987 F.2d 1167· 5th Cir.· 1993-04-08 ·cited 1×
  The court held that the bankruptcy court violated General Electric's due process rights by vacating an agreed order lifting the automatic stay without adequate notice and that the alleged oral agreement to allow subtenants to remain was unenforceable.
• Paige v. Sandbulte
  917 F.2d 1108· 8th Cir.· 1990-10-29 ·cited 1×
  The court held that the defendant failed to establish perjury or fraud sufficient to vacate the judgment under Rule 60(b), and thus the district court did not abuse its discretion in denying the motion.
• Wilson v. Johns-Manville Sales Corp.
  873 F.2d 869· 5th Cir.· 1989-05-30 ·cited 1×
  The court held that the district court did not abuse its discretion in denying the plaintiffs' motion to set aside the judgment, as the motion was time-barred under Rule 60(b)(3) and the allegations did not constitute 'fraud on the court'.