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474 So. 2d 309·
Fla. 3d DCA·
1985-07-16
·cited 1×
This case addresses whether a trial court properly denied a criminal defense attorney's motion to withdraw when the defendant allegedly insisted on presenting false testimony and evidence. The court held that trial courts have broad discretion to deny withdrawal motions in such c
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254 So. 2d 199·
Fla.·
1971-11-03
·cited 1×
An attorney was disciplined for drafting a secret custody agreement that contradicted the divorce judgment he obtained from the trial court, thereby deceiving the judge and failing to act with candor and honesty. The Florida Supreme Court rejected the Referee's recommendation of
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Fla.·
2026-07-09
Appellate courts reviewing a trial court's dismissal for fraud on the court must apply traditional standards of review: de novo review to the trial court's legal conclusions regarding whether fraud occurred, competent substantial evidence review to its factual findings regarding
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Fla. 3d DCA·
2026-07-08
A protective or case-management order designed to regulate a litigant's conduct during proceedings is not an injunction and therefore is not appealable as a nonfinal order under Florida Rule of Appellate Procedure 9.130(a)(3)(B).
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Fla.·
2026-06-11
A lawyer who admits to aiding in the filing of a false certificate in federal court is guilty of professional misconduct justifying discipline, but when the underlying criminal conviction has been fully exonerated under a sister state's law, a public reprimand is appropriate rath
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S.D. Fla.·
2025-12-24
The court recommended denying the plaintiffs' Rule 60(b) motion and motion for injunction, finding the district court retains jurisdiction to deny such motions while an appeal is pending.
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Fla. 3d DCA·
2025-12-17
A self-represented litigant who fabricates evidence and files frivolous accusations against counsel and judges may be sanctioned by barring future filings without Bar member review and signature. The court adopted the commissioner's findings that the appellant created the fraudul
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M.D. Fla.·
2025-10-07
The court held that the plaintiff's motion to appeal in forma pauperis is frivolous and lacks good faith, and therefore must be denied.
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Fla. 3d DCA·
2025-10-01
The trial court's judgment was affirmed based on the plaintiff's material misrepresentations and omissions regarding her accident and medical history, which forfeited her right to proceed with her personal injury action.
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M.D. Fla.·
2025-09-23
The court recommended denying the plaintiff's motion to appeal in forma pauperis because the appeal of the denial of his motions for relief from judgment was frivolous.
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M.D. Fla.·
2025-09-16
The court held that the plaintiff's amended complaint was an impermissible shotgun pleading and properly dismissed with prejudice, as the plaintiff failed to cure the deficiencies despite being given an opportunity to amend.
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S.D. Fla.·
2025-09-05
The Court denied Plaintiff's motion to release a supersedeas bond and for sanctions because it lacked jurisdiction due to pending appeals and the prior remand order.
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Fla. 2d DCA·
2025-08-29
A motion to disqualify a judge based on alleged bias must be denied where the appellant fails to establish that a reasonably prudent person would objectively fear not receiving a fair trial, and where the judge's comments, viewed in context, reflect professional obligations rathe
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M.D. Fla.·
2025-08-21
Claims against judicial defendants are dismissed with prejudice due to judicial immunity, while claims against non-judicial defendants are dismissed without prejudice, with leave to amend.
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M.D. Fla.·
2025-08-04
The court denied the plaintiff's motion for a temporary restraining order and preliminary injunction.
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M.D. Fla.·
2025-07-16
The court held that a prisoner cannot use Federal Rule of Civil Procedure 60(d) to relitigate issues already decided or that could have been raised in a prior habeas corpus proceeding, especially when there has been significant delay.
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M.D. Fla.·
2025-06-30
The court recommended granting the motion to dismiss, finding the amended complaint to be a shotgun pleading, and dismissing claims against two defendants with prejudice due to judicial immunity.
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M.D. Fla.·
2025-06-23
The court held that the plaintiff's amended complaint must be dismissed and her motion for a temporary restraining order denied because the action constitutes an improper collateral attack on a state court foreclosure judgment, barred by the Rooker-Feldman doctrine.
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M.D. Fla.·
2025-06-13
The court held that a federal court cannot grant habeas relief for claims not cognizable under federal law or for which adequate state remedies exist. The court denied claims regarding prosecutorial fraud and due process violations for mandatory costs, and dismissed a claim about
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M.D. Fla.·
2025-06-11
The court held that judicial immunity bars claims against judges and that it lacks subject-matter jurisdiction over claims against the private defendant, thus denying the motion for a temporary restraining order and dismissing the complaint.
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Del.·
2025-06-09
The Delaware Supreme Court reversed the Court of Chancery's dismissal of Erste's claim for relief from judgment under Rule 60(b)(3), holding that the rule applies to fraud between parties that prevents a party from fairly presenting its case, not solely to fraud on the court. The
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S.D. Fla.·
2025-06-02
The court held that a Rule 60(b) motion attacking the merits of a prior habeas denial, especially with new evidence, constitutes an unauthorized successive habeas petition over which the district court lacks jurisdiction. Furthermore, the petitioner failed to demonstrate fraud wi
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M.D. Fla.·
2025-05-28
The court held that a pro se plaintiff's submission of a forged grievance to defeat a motion to dismiss constitutes fraud on the court, warranting dismissal of the entire case with prejudice.
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S.D. Fla.·
2025-05-16
The court held that while the plaintiff committed discovery violations by failing to disclose prior accidents and injuries, these violations did not rise to the level of bad faith required for case-dispositive sanctions, but did warrant an award of attorneys' fees.
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Fla. 4th DCA·
2025-04-30
The trial court abused its discretion and violated due process by granting counsel's motion to withdraw and immediately proceeding with the motion to strike pleadings without providing the defendants an opportunity to obtain new counsel. For the corporate defendants, a reasonable
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Fla. 3d DCA·
2025-04-02
The trial court properly sanctioned the landlord by striking its pleadings for fraud on the court based on clear and convincing evidence that the landlord hired a private investigator to make false noise complaints to Code Enforcement and failed to disclose this scheme during dis
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Fla. 1st DCA·
2025-02-26
Dismissal for fraud on the court is an extraordinary remedy requiring clear and convincing evidence of a deliberate scheme to subvert the judicial process. The trial court erred in dismissing Swenson's complaint because the evidence did not support the requisite intent to defraud
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S.D. Fla.·
2025-02-11
A dismissal with prejudice for alleged misrepresentations or omissions in a prisoner's complaint or deposition testimony requires a clear record of willful misconduct and a showing that lesser sanctions are inadequate, which was not met here.
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M.D. Fla.·
2025-01-28
The court held that it lacked subject matter jurisdiction because the plaintiff failed to establish complete diversity of citizenship between all parties.
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Fla. 4th DCA·
2025-01-08
A trial court's dismissal of a personal injury action for fraud on the court must be supported by clear and convincing evidence of an unconscionable scheme calculated to interfere with the judicial system's ability to adjudicate the matter impartially. The trial court's failure t
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M.D. Fla.·
2025-01-06
The court recommended denying the defendants' motion to dismiss for fraud upon the court and attorney fees, finding that the defendants failed to meet the high standard required for such sanctions.
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M.D. Fla.·
2025-01-03
The court affirmed the bankruptcy court's denial of relief under Federal Rule of Civil Procedure 60, finding that the appellants failed to satisfy the conditions for relief under any of its provisions.
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Fla. 3d DCA·
2025-01-02
The Third District Court of Appeal affirmed the lower court's decision, holding that a defendant does not have a due process right to compel their counsel to present perjured testimony. The court relied on established precedent that counsel cannot be required to participate in a
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Fla. 5th DCA·
2024-11-01
Melissa Beth Epps appealed a trial court order dismissing her personal injury claim with prejudice based on fraud on the court. The Fifth District Court of Appeal affirmed, finding that Epps intentionally provided false testimony and misleading discovery responses to hamper the d
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Fla. 6th DCA·
2024-09-30
A trial court abuses its discretion when awarding bad faith attorney fees without making specific findings that each sanctioned party acted in bad faith, and when awarding fees for work that was inextricably intertwined with the underlying claims rather than only fees directly ca
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M.D. Fla.·
2024-08-22
The court held that plaintiffs' counsel's misstatement during a deposition and the use of an unlicensed adjuster's estimate did not constitute fraud upon the court or grounds for dismissal or summary judgment.
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M.D. Fla.·
2024-06-18
The court denied defendants' motion to set aside a prior order granting remand and sanctions, finding no basis for reconsideration.
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S.D. Fla.·
2024-04-18
The court held that it lacked jurisdiction to consider the movant's filings, which were deemed unauthorized successive § 2255 motions or untimely objections.
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M.D. Fla.·
2024-03-14
The court held that the petitioner's claims for federal habeas relief were meritless and denied the petition.
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S.D. Fla.·
2023-12-14
The court held that the Third Amended Complaint was a shotgun pleading and dismissed it with prejudice because the plaintiff failed to heed prior warnings and warnings that further deficiencies would result in dismissal without leave to amend.
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Fla. 5th DCA·
2023-12-01
The trial court properly awarded attorney's fees and costs to the HOA based on its prevailing claims for breach of fiduciary duty and conspiracy to commit fraud, as well as on the basis that the defendant committed fraud upon the court through frivolous litigation.
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Fla. 5th DCA·
2023-11-03
A person who is not an interested person under a will seeking revocation of probate lacks standing to bring an action to reopen the estate, and a petition may be dismissed with prejudice if the petitioner cannot plead standing. The word 'survivor' in a will means one who outlives
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Fla. 5th DCA·
2023-11-03
The appellate court affirmed the dismissal of a petition to reopen an estate. The petitioner, claiming to be an heir of a beneficiary in an older will, lacked standing because the term "survivor" in the will referred only to the named beneficiaries, not their heirs, and the benef
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M.D. Fla.·
2023-08-14
The court held that the petitioner's motion for relief from a prior federal habeas denial, filed over thirty-five years later, was untimely under Rule 60(b)(2) and (3) of the Federal Rules of Civil Procedure.
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M.D. Fla.·
2023-07-24
The court held that the appellant lacks standing to appeal the bankruptcy court's order denying her motion for leave to sue the Chapter 7 Trustee and his counsel.
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M.D. Fla.·
2023-07-14
The court denied the plaintiff's motions for relief from judgment and sanctions, finding no newly discovered evidence, fraud on the court, or manifest error of law, and that the plaintiff improperly raised Rule 11 sanctions.
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Del. Ch.·
2023-03-07
The court affirmed the appointment of the personal representative and found no breach of fiduciary duty, dismissing the petitioner's claims and exceptions. The court held that the personal representative was lawfully appointed as he truthfully represented his relationship as a fr
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Fla. 3d DCA·
2023-02-22
The trial court abused its discretion in dismissing the complaint for fraud on the court because it failed to make findings demonstrating clear and convincing evidence of fraud, and the complaint stated sufficient ultimate facts to support claims for equitable lien and unjust enr
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M.D. Fla.·
2023-02-16
The court held that the defendant's motion to vacate his conviction was time-barred because it was filed outside the one-year limitation period and did not qualify for any exceptions.
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M.D. Fla.·
2023-01-27
The court denied the plaintiffs' motion for reconsideration because their filing mistake was not excusable and their amended complaint remained a shotgun pleading.