Fraud On The Court

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

• Kristopher Darwin Robinson v. Robinson
  Fla. 1st DCA· 2018-01-16
  Allegations of coercion and duress in obtaining a consent judgment constitute intrinsic fraud subject to a one-year limitation period under Florida law, and a claim filed more than a year after judgment entry cannot be brought. The trial court properly dismissed the complaint des
• Pataro v. Pataro
  224 So. 3d 824· Fla. 3d DCA· 2017-08-09
  Mario Pataro appeals a trial court order granting discovery sanctions against him and setting aside his final judgment of dissolution and marital settlement agreement. The Florida appellate court declined to review the discovery sanctions for lack of jurisdiction but reversed the
• Edwards v. Maxwell
  215 So. 3d 616· Fla. 1st DCA· 2017-03-31
  A party lacks standing to challenge an adoption order if their interest in related trusts is merely contingent and not direct, immediate, and financial.
• In the Interest of M.W. v. Fischgrund
  181 So. 3d 1263· Fla. 2d DCA· 2015-12-30
  The Florida Second District Court of Appeal granted a birth mother's petition for writ of certiorari, quashing the trial court's order denying her motion to withdraw consent to adoption. The court held that the trial court improperly found the mother committed fraud on the court
• Garno v. Bank OF Am., N.A.
  209 So. 3d 5· Fla. 1st DCA· 2015-04-22
  The court held that the appellants were denied due process and that the record did not support the trial court's finding of fraud on the court.
• Carieann M. Schmieder v. NCL Am., Inc.
  151 So. 3d 1280· Fla. 3d DCA· 2014-12-10
• Johnson v. State
  146 So. 3d 1245· Fla. 1st DCA· 2014-09-10
  The court held that the petitioner's explanation for the inclusion of later case citations in an earlier petition was not credible, and the petition was untimely.
• Dayna Bolera v. Papa
  142 So. 3d 918· Fla. 4th DCA· 2014-07-09
  The court affirmed the trial court's order striking the third amended complaint for fraud upon the court, finding competent, substantial evidence supported the trial court's findings.
• Guillen v. MAI SO Vang and Yang Xiong
  138 So. 3d 1144· Fla. 5th DCA· 2014-05-16
  Jose Guillen appeals a trial court's dismissal of his personal injury case based on alleged fraud, where the court found surveillance footage contradicted his deposition testimony about his injuries. The appellate court reversed, holding that discrepancies between testimony and s
• Diaz v. Home Depot USA, Inc.
  137 So. 3d 1195· Fla. 3d DCA· 2014-04-16
• Bosque v. Rivera
  135 So. 3d 399· Fla. 5th DCA· 2014-02-07
  Joshua Bosque appealed a trial court's dismissal of his negligence action for fraud on the court based on alleged failure to disclose a prior 2006 automobile accident and prior chiropractic treatment. The appellate court reversed, finding insufficient clear and convincing evidenc
• Mack v. M. Maureen Polsby, M.D.
  129 So. 3d 1169· Fla. 3d DCA· 2014-01-08
  The Florida Third District Court of Appeal reversed a dismissal order, finding that the trial court had jurisdiction to hear claims challenging a trust's validity and a trustee's actions. The court held that claims of fraud in the procurement of the trust and subsequent breaches
• Quamina v. Deutsche Bank Nat'l Tr. Co.
  132 So. 3d 259· Fla. 4th DCA· 2013-11-20
• Brugmann v. The State of Fla. & Sean Casey
  117 So. 3d 39· Fla. 3d DCA· 2013-06-12
• Herman v. Intracoastal Cardiology Ctr.
  125 So. 3d 894· Fla. 4th DCA· 2013-04-24
  Edward Herman appealed the dismissal of his wrongful death medical malpractice suit against a cardiologist for fraud on the court. The trial court dismissed the case after finding Mr. Herman gave false testimony and withheld a diary from discovery. The appellate court reversed, h
• Health First, Inc. v. Richard A. Hynes, M.D.
  114 So. 3d 995· Fla. 5th DCA· 2012-07-27
  The appellate court reviewed an antitrust and tortious interference case where the plaintiffs alleged monopolization and business interference by a hospital system and its subsidiaries.
• S.K.D. v. J.P.D.
  36 So. 3d 858· Fla. 5th DCA· 2010-06-04
  The Fifth District Court of Appeal reversed the trial court's order striking appellant's motion for relief from judgment under Florida Rule of Civil Procedure 1.540. The court held that the trial court erroneously applied the law of the case doctrine to bar consideration of the m
• El-Ad Residences at Miramar Condo. Ass'n v. Mt. Hawley Ins.
  716 F. Supp. 2d 1257· S.D. Fla.· 2010-06-02
  The court granted the motion to intervene for the limited purpose of protecting privilege claims but denied other motions seeking broad judicial inquiries, sanctions, or protective orders.
• Thompson v. Treiser
  26 So. 3d 64· Fla. 2d DCA· 2010-01-15
  The Thompsons appealed a trial court order that vacated a fraud judgment against JKC and sanctions awarded to the Thompsons. The court held that the defendants Frater and TCV had abandoned their motions to vacate the judgment by entering into a stipulated order that removed them
• Nikki Ann Childress
  9th Cir. Ct. App. Div.· 2010-01-04
  This is a breach of automobile warranty case in which the trial court dismissed the plaintiff's Second Amended Complaint with prejudice after finding that she had submitted fraudulent oil change invoices during discovery. The appellate court affirmed both the dismissal and the aw
• Eugenio Postorivo v. Consol. Civil Action No. 2991-VCP AG Paintball Holdings, Inc.
  Del. Ch.· 2008-08-20
  The court granted in part and denied in part the plaintiffs' motion for sanctions. It disqualified two attorneys from the defendant's law firm, Montgomery, McCracken, Walker & Rhoads, LLP (MMWR), for litigation misconduct related to handling privileged documents and improper comm
• IN & FOR NEW Castle Cnty. Claude J. Smith & Connie M. Smith v. State of Del.
  Del. Super. Ct.· 2007-07-27
  The Court denied Defendants' motion to dismiss the personal injury action, finding that the plaintiff's alleged inconsistencies and dishonesty, while potentially impacting his credibility and the outcome of the case, did not rise to the level of "fraud on the court" that would ju
• Rooks v. Rooks
  947 So. 2d 626· Fla. 4th DCA· 2007-01-17
• Sammons
  Del.· 2006-12-04
  The appellate court affirmed in part, vacated in part, and remanded in part. It affirmed the trial court's evidentiary rulings regarding expert testimony, settlement references, photograph exclusion, impeachment attempts, witness unavailability, juror selection, curative instruct
• Edwards v. State
  937 So. 2d 1151· Fla. 5th DCA· 2006-09-01
  Robert A. Edwards petitioned for certiorari review of a trial court order denying various forms of collateral relief. The appellate court denied the petition and barred Edwards from filing further pro se pleadings in the appellate court, finding that he was abusing the legal proc
• Gray v. Sunburst Sanitation Corp.
  932 So. 2d 439· Fla. 4th DCA· 2006-05-17
• Medina v. Fla. E. Coast Ry., L.L.C.
  921 So. 2d 767· Fla. 3d DCA· 2006-02-22
• Parker v. Parker
  916 So. 2d 926· Fla. 4th DCA· 2005-11-30
  Richard Parker appealed the dismissal of his petition seeking relief from a child support obligation based on fraud, claiming his ex-wife misrepresented that he was the biological father of a child born during their marriage. The Florida Fourth District Court of Appeal affirmed t
• Woodruff v. Cape Coral Med. Ctr., Inc.
  905 So. 2d 267· Fla. 2d DCA· 2005-06-29
  Court affirmed dismissal of fraud upon the court and abuse of process claims, holding that if any viable cause of action exists, it would be malicious prosecution, which cannot accrue until the underlying interpleader action is resolved in plaintiff's favor.
• United Auto. Ins. Co. v. Hialeah Med. Assocs., Inc.
  926 So. 2d 388· Fla. 3d DCA· 2005-03-02
• Black v. Burrows
  889 So. 2d 127· Fla. 1st DCA· 2004-11-30
  Plaintiffs Black and Burrows and Black Interiors challenged a trial court's grant of summary judgment in favor of defendants, including Sandra Burrows and Burrows Interiors. The appellate court reversed, finding genuine issues of material fact precluded summary judgment and that
• Comcast SCH Holdings, Inc. v. Rolling Greens MHP, L.P.
  864 So. 2d 519· Fla. 5th DCA· 2004-01-09
  Comcast appealed the trial court's order striking its complaint and entering final judgment for Rolling Greens based on a finding that Comcast's pleadings constituted fraud on the court. The appellate court reversed, holding that while Comcast's filings were inaccurate and mislea
• Sal Amato and Clara Amato v. Intindola
  854 So. 2d 812· Fla. 4th DCA· 2003-09-10
  In a personal injury action, the trial court dismissed appellant's complaint based on surveillance videotapes showing him performing activities he testified he could not perform, concluding he perpetrated fraud on the court. The appellate court reversed, holding that dismissal wi
• Concepcion Pichs v. Murton Roofing Inc.
  831 So. 2d 1282· Fla. 3d DCA· 2002-12-18
• Sell v. Sell
  820 So. 2d 1010· Fla. 5th DCA· 2002-06-28
  Paul Sell appeals an order compelling compliance with a marital settlement agreement and awarding his former wife attorney's fees. The appellate court affirms the attorney's fee award but dismisses the remainder of the appeal for lack of jurisdiction because the order was not fin
• In re Mca, Inc.
  Del.· 2001-11-16
  The Delaware Supreme Court affirmed the Court of Chancery's decision, holding that the appellants' motion to vacate the 1993 settlement judgment was untimely and that the judgment was not procured by fraud or void for lack of adequate representation. The court found no abuse of d
• Long v. Swofford
  805 So. 2d 882· Fla. 3d DCA· 2001-10-03
  Susan Long appeals the dismissal of her negligence action arising from a motor vehicle accident. The trial court dismissed her case with prejudice based on fraud after discovering she had concealed a pre-existing back injury during discovery and deposition testimony.
• Berlin v. Roldan
  786 So. 2d 649· Fla. 4th DCA· 2001-06-06
  Berlin appeals a jury verdict awarding damages to the Roldans in a personal injury case. The appellate court reversed and remanded for a new trial on damages, finding that the trial court erred by excluding testimony from a property manager that would have contradicted the Roldan
• Home Med. Supply, Inc. v. Schloss
  770 So. 2d 1280· Fla. 4th DCA· 2000-11-15
  Home Medical Supply appeals the trial court's grant of a motion for new trial based on alleged misleading testimony about a medical expert's fees. The appellate court reversed, finding the expert's testimony was not misleading because he clearly stated his hourly rate ($900 for a
• Parker v. Avraham
  741 So. 2d 641· Fla. 3d DCA· 1999-10-06
• State v. Simms
  705 So. 2d 116· Fla. 2d DCA· 1998-01-21
  The Florida Department of Revenue appealed a trial court's decision to set aside a paternity judgment that had been final for over a year. The appellate court held that the paternity determination was res judicata and could not be reopened absent fraud, and reversed the trial cou
• Stewart v. Dep't OF Revenue
  695 So. 2d 831· Fla. 5th DCA· 1997-06-16
• Dona Liechty v. Hall
  687 So. 2d 64· Fla. 5th DCA· 1997-01-31
  Appellant sought to revoke probate and reopen an estate based on allegations that the admitted will was a forgery. The court held that fraud, including forgery of a will, can justify reopening an estate even after discharge of the personal representative, and remanded for the app
• State of Fla. Dep't OF Revenue v. Harris
  684 So. 2d 231· Fla. 2d DCA· 1996-11-27
  The Florida Department of Revenue on behalf of Jacqueline Current challenged a trial court order requiring HLA blood testing to determine paternity fourteen years after a final paternity judgment was entered. The appellate court held that the trial court lacked jurisdiction to se
• Fla. Bd. of Bar Exam'rs re P.T.R.
  662 So. 2d 334· Fla.· 1995-11-02
  The Florida Supreme Court reversed the Florida Board of Bar Examiners' recommendation to deny P.T.R.'s readmission to the Bar after disbarment. The Court found that P.T.R. satisfied the rehabilitation requirements under the applicable rule, despite committing serious misconduct i
• Janine Preston v. Tolone
  661 So. 2d 967· Fla. 5th DCA· 1995-10-27
  Janine Preston appealed a summary judgment denying her request to set aside her daughter's adoption by her parents. The court reversed, holding that disputed issues of material fact regarding whether Preston's consent was obtained by fraud precluded summary judgment and required
• Fraige v. American-National Water-Mattress Corp.
  996 F.2d 295· Fed. Cir.· 1993-06-17
  The court held that the district court abused its discretion in denying the motion to set aside the judgment of patent invalidity because the denial was based on clear factual and legal errors regarding the impact of fraud on the trial.
• Agustina Perez-Perez v. Popular Leasing Rental, Inc.
  993 F.2d 281· 1st Cir.· 1993-05-25
  The court held that the admission of undisclosed expert testimony constituted unfair surprise and misconduct, warranting a new trial. It also found appellate jurisdiction was properly established.
• Peerless Indus. Paint Coatings Co. v. Canam Steel Corp.
  979 F.2d 685· 8th Cir.· 1992-11-18
  The court affirmed the district court's Rule 11 sanctions and dismissal with prejudice, finding the appeal frivolous and awarding damages.
• Fernandez v. Leonard
  963 F.2d 459· 1st Cir.· 1992-04-29
  The court held that the district court did not err in its rulings regarding fraud on the court, autopsy photographs, or the admission of evidence concerning prior convictions and weapons, and that the jury verdict was not against the weight of the evidence.