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M.D. Fla.·
2022-10-18
The court dismissed the case due to the pro se plaintiff's willful failure to prosecute and comply with court orders, including pretrial directives.
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Fla. 3d DCA·
2022-08-10
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Fla. 3d DCA·
2022-05-11
Dexx Medical Industries and the Marinonis appealed non-final orders finding they committed fraud on the court by filing false affidavits regarding service of process and personal jurisdiction. The Third District Court of Appeal dismissed the appeals for lack of jurisdiction, hold
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S.D. Fla.·
2022-04-01
The court denied the petitioner's motion for discovery because his Rule 60(d)(3) motion was a successive § 2255 motion requiring prior appellate authorization, and even if treated as a Rule 60(d)(3) motion, it lacked the requisite showing of fraud.
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Fla. 3d DCA·
2022-03-16
An appellant who fails to provide a trial transcript or proper substitute bears the burden of demonstrating reversible error, and without such a record, affirmance is required.
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M.D. Fla.·
2022-02-24
The court denied the defendant's motion for attorney fees against the plaintiff's attorney and law firm, finding their conduct in federal court did not warrant sanctions under 28 U.S.C. § 1927 or the court's inherent power.
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Fla. 2d DCA·
2022-02-11
The appellate court reversed a trial court's denial of a maternal grandmother's motion to vacate an adoption judgment. The court found the trial court erred by not considering the motion as potentially alleging a void judgment, which is not subject to a one-year time limit, and b
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Fla. 3d DCA·
2021-11-24
The appellate court granted a writ of prohibition to prevent a trial court from proceeding with criminal contempt charges against loan servicers and their attorney. The court found that a dispute over who was the loan servicer, which was still under evidentiary hearing, could not
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Fla. 3d DCA·
2021-11-24
This case involves a mortgage foreclosure that escalated into a criminal contempt proceeding. The appellate court granted a writ of prohibition to stop the contempt charges, ruling that a factual dispute over loan servicing rights cannot form the basis for criminal contempt, espe
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M.D. Fla.·
2021-10-07
The court held that a plaintiff's alleged failure to disclose a prior car accident during discovery does not constitute fraud on the court warranting dismissal.
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S.D. Fla.·
2021-08-31
The court overruled the plaintiff's objections and approved the Magistrate Judge's report, denying motions for contempt and order to show cause.
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Fla. 5th DCA·
2021-08-27
A lower court exceeds the scope of an appellate mandate when it awards attorney's fees on bases not specifically authorized by the mandate, even if those bases might be theoretically available under statute or common law.
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S.D. Fla.·
2021-08-24
The court held that a witness's prior alleged perjury does not automatically render their testimony incredible as a matter of law, and credibility determinations are for the jury.
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Fla. 2d DCA·
2021-08-18
The appellate court reversed a lower court's decision to strike an amended complaint and dismiss an initial complaint. The court held that the plaintiff had an absolute right to amend the complaint once as a matter of course before a responsive pleading was served, and a motion t
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S.D. Fla.·
2021-08-03
A certificate of appealability shall not issue as to the denial of the Movant's Rule 60(d) motion.
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S.D. Fla.·
2021-06-30
The court held that the plaintiffs' complaint must be dismissed without prejudice because it constitutes an impermissible shotgun pleading.
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Fla. 3d DCA·
2021-05-12
The trial court properly applied Nicaraguan law in finding COFISA's breach of contract claim failed because BNPP's endorsement of the CDs was without recourse and the claim was time-barred. However, the trial court abused its discretion by denying BNPP's motion to dismiss for fra
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Fla. 2d DCA·
2021-04-16
The appellate court reversed a default judgment and damages award against a third-party defendant. The court found that because the underlying judgment against the principal debtor had been reversed, the proceedings supplementary to collect that judgment against the third party w
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M.D. Fla.·
2021-03-01
The court held that service of process was defective, thus removal was timely and the motion to quash service should be granted.
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M.D. Fla.·
2021-02-20
In this litigation over alleged breaches of non-competition and confidentiality agreements, the district court denied Centennial Bank's motion for contempt against Davey for failing to comply with electronically stored information (ESI) orders, granted in part Davey and Murrin's
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Fla. 4th DCA·
2021-01-06
The appellate court reversed a trial court's dismissal of a complaint, finding that the trial court erred in deeming the complaint a "sham pleading" and a "fraud on the court." The appellate court held that the plaintiff's allegations, while potentially ambiguous, did not rise to
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Fla. 4th DCA·
2021-01-06
A pleading may be struck as a sham only when it is palpably or inherently false and undoubtedly false as a matter of law without genuine issues of fact; here, Gleman's allegations of causation were ambiguous and potentially reconcilable, so the defendants failed to meet the strin
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S.D. Fla.·
2020-12-30
The court held that the defendants failed to prove by clear and convincing evidence that the plaintiff committed fraud on the court by backdating an assignment of claims.
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Fla. 4th DCA·
2020-12-16
A trial court's written final judgment must conform to its oral pronouncement; when the written judgment fails to address a claim that was ruled upon orally, the case must be remanded for entry of an amended judgment reflecting the oral ruling.
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M.D. Fla.·
2020-12-11
The court held that the petitioner's motion, construed as a successive 28 U.S.C. § 2254 petition, is dismissed for lack of jurisdiction and failure to meet the requirements for relief under Rule 60.
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M.D. Fla.·
2020-12-04
The court held that the petitioner failed to demonstrate entitlement to federal habeas corpus relief on any of his grounds, affirming the denial of his petition.
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M.D. Fla.·
2020-10-28
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA because it was filed more than one year after his conviction became final and no tolling events applied.
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M.D. Fla.·
2020-06-30
Roderick Campbell challenged his 2008 Florida convictions for firearm offenses through federal habeas corpus, arguing ineffective assistance of counsel and other constitutional violations. The federal court denied the petition, finding most claims procedurally barred or defaulted
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Fla. 3d DCA·
2020-06-24
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S.D. Fla.·
2020-06-24
Ira Kleiman and his estate sued Craig Wright for allegedly misappropriating billions of dollars in bitcoin and blockchain intellectual property that they claimed Wright developed in partnership with Dave Kleiman, Ira's deceased brother. The court rejected Kleiman's request for de
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M.D. Fla.·
2020-06-23
The court denied the plaintiff's motions for an independent action for relief from judgment, an evidentiary hearing, and an extension of time to file an amended notice of appeal.
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M.D. Fla.·
2020-06-01
Roderick W. Campbell challenged his state convictions for carrying a concealed firearm and possessing a firearm as a convicted felon, each carrying sentences of thirty years and five years respectively, by petitioning for federal habeas corpus relief under 28 U.S.C. § 2254. The D
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S.D. Fla.·
2020-04-07
The district court lacks jurisdiction to consider a second or successive motion to vacate under 28 U.S.C. § 2255 if the movant has not obtained permission from the court of appeals.
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M.D. Fla.·
2020-02-25
PETA sued a Florida zoo (Dade City's Wild Things) alleging violations of the Endangered Species Act through improper treatment of tigers, but after the zoo owners deliberately transferred all their tigers away from the facility in violation of court-ordered discovery obligations,
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S.D. Fla.·
2020-02-21
Circuitronix, LLC sued its former assistant CEO, Sunny Kapoor, for breaching a settlement agreement that prohibited him from competing with the company and soliciting its customers, and Circuitronix later sought relief from the court's judgment finding no breach based on alleged
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M.D. Fla.·
2019-11-15
The federal court dismissed the complaint for lack of subject-matter jurisdiction because it could not set aside a state court judgment and lacked diversity jurisdiction.
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M.D. Fla.·
2019-09-30
The court held that a Rule 60(b)(3) motion cannot be used to reopen a federal habeas judgment based on fraud perpetrated on a state court.
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M.D. Fla.·
2019-09-13
The court held that the plaintiffs' claims for relief from a state court order and for bad faith were premature and unripe, warranting dismissal without prejudice.
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Fla. 3d DCA·
2019-08-14
The appellate court affirmed the dismissal of a personal injury lawsuit, finding that the trial court did not abuse its discretion in dismissing the case for fraud upon the court. The appellant's actions, including misrepresenting injuries and fabricating evidence, constituted a
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274 So. 3d 467·
Fla. 1st DCA·
2019-05-06
The petitioner's motion to vacate an order on grounds of fraud upon the court and her emergency motion for stay are denied.
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266 So. 3d 880·
Fla. 5th DCA·
2019-03-29
A postconviction court cannot summarily deny an ineffective assistance of counsel claim based on an evidentiary ruling without attaching sufficient records that conclusively refute the claim.
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264 So. 3d 994·
Fla. 4th DCA·
2019-02-20
The trial court's order dismissing Stein's claims as a sanction for fraud upon the court was affirmed. Even if the court violated Rule 1.451 by taking testimony from a witness by phone without proper procedures, any error was harmless because the court's findings were adequately
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271 So. 3d 52·
Fla. 3d DCA·
2019-01-16
David S. Walter appealed a trial court order summarily denying his November 2017 post-conviction motion as successive under Florida Rule of Criminal Procedure 3.850. Walter sought a new trial based on an affidavit from an alleged witness to the crime, but the trial court had prev
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Fla. 3d DCA·
2018-12-14
Bank of America petitions for a writ of prohibition to prevent the trial court from proceeding with a contempt motion filed by the borrower's newly substituted counsel. The trial court denied Bank of America's motion to disqualify the judge, finding the borrower's fraud allegatio
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260 So. 3d 476·
Fla. 3d DCA·
2018-12-05
Tate and Stoppa lacked standing to challenge the final judgment, but Graham was entitled to an evidentiary hearing on his Rule 1.540(b)(3) motion alleging fraud.
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255 So. 3d 508·
Fla. 3d DCA·
2018-10-03
The Robinsons appealed the trial court's dismissal of their insurance claim for fraud on the court based on alleged inconsistencies between their testimony about when a restoration company was contacted and Safepoint's unauthenticated evidence suggesting pre-loss contact. Althoug
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250 So. 3d 747·
Fla. 2d DCA·
2018-06-22
While an equitable lien may be imposed through subrogation when a party discharges another's debt, foreclosure of that lien is improper unless the party seeking foreclosure demonstrates that the original debtor was in default on the underlying obligation at the time the debt was
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Fla. 1st DCA·
2018-05-23
A trial court's denial of a petition to vacate a postconviction order based on fraud on the court is affirmed when the appellant fails to establish by clear and convincing evidence that testimony at a prior evidentiary hearing was basically false. An attorney's policy argument at
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248 So. 3d 174·
Fla. 1st DCA·
2018-03-15
The appellate court reversed a trial court's dismissal of a former husband's suit to set aside a divorce settlement and for civil theft. The appellate court found that dismissal was improper, and the case should have been transferred or abated if issues were already being litigat
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Fla. 5th DCA·
2018-02-12
Dismissal for fraud on the court requires clear and convincing evidence of an unconscionable scheme to interfere with judicial impartiality, and at least two of the trial court's eight findings lacked adequate support; the case is remanded for reconsideration of the cumulative ef