Fraud On The Court

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

• Boyle v. Chicago Hous. Auth.
  946 F.2d 54· 7th Cir.· 1991-10-22
  The court held that the district court retained jurisdiction under Rule 60(b) to consider a motion to vacate its prior order, even if that order dismissed a case by stipulation.
• In re Intermagnetics Am., Inc. v. China Int'l Tr. & Inv. Corp. also known as China Int'l Tr. & Inv. Corp. (Holdings)
  926 F.2d 912· 9th Cir.· 1991-02-26
  The bankruptcy court's sale order, conditioned on the debtor's representations, was not res judicata against the Trustee's fraud claims when those representations were false, and the district court erred in failing to address the bid-rigging claim.
• The Fla. Bar re Amendments to the Rules Regulating the Fla. Bar (perjured Testimony)
  557 So. 2d 1368· Fla.· 1990-03-08
  The Florida Supreme Court approved proposed amendments to Rule 4-3.3 of the Rules Regulating the Florida Bar regarding a lawyer's duties when a client presents perjured testimony. The court rejected a suggestion to change the standard from "comes to know" to "learns or reasonably
• Payette v. Clark
  559 So. 2d 630· Fla. 2d DCA· 1990-02-16
  Constance Payette appealed the dismissal of her petition to reopen the intestate estate of her deceased uncle, from which she had been omitted as a beneficiary. The Florida appellate court reversed, holding that the petition was not time-barred because it alleged fraud upon the c
• United States v. One Parcel of Real Est. at 5860 N. Bay Rd.
  101 F.R.D. 680· S.D. Fla.· 1988-08-10
• Ostrowski v. Mansfield
  528 So. 2d 1217· Fla. 5th DCA· 1988-06-23
• Baumgarth v. Baumgarth
  525 So. 2d 513· Fla. 4th DCA· 1988-06-01
  Mona Baumgarth appeals a summary judgment that voided her marriage to Charles Baumgarth on grounds of bigamy. The court reversed, finding genuine issues of material fact precluded summary judgment, including questions about the validity of Mona's prior marriage and Charles's know
• Landriscina v. The Ests. OF Alpine Woods Ass'n, Inc.
  506 So. 2d 1172· Fla. 4th DCA· 1987-05-13
  The court held that evidence of alleged perjury known at the time of trial cannot be considered newly discovered evidence to support a motion for a new trial.
• Holland v. Holland
  453 So. 2d 157· Fla. 1st DCA· 1984-07-18
  Juanita Holland appealed the denial of her motion to set aside a default divorce judgment and her claim in her ex-husband's estate. The court affirmed, holding that she failed to provide clear and convincing evidence of fraud by the deceased former husband in obtaining the divorc
• Anne Elisabeth Koller v. Richardson-Merrell Inc.
  737 F.2d 1038· D.C. Cir.· 1984-05-29
  An order disqualifying counsel in a civil case is immediately reviewable under the collateral order doctrine, and the district court erred in disqualifying counsel based on the presented facts.
• Irv David v. Richman
  446 So. 2d 1140· Fla. 3d DCA· 1984-03-13
  A seller sought relief from a summary judgment ordering specific performance of a land sale contract, alleging the buyer committed fraud by falsely swearing to having financial ability to close. The court held that the seller's subsequent compliance with the court's conveyance or
• Humanetics, Inc. v. Kerwit Med. Prods., Inc.
  709 F.2d 942· 5th Cir.· 1983-07-18
  The court held that the alleged fraud was not sufficient to warrant setting aside a consent judgment, particularly given the plaintiff's prior opportunity to raise the issue and the strong policy favoring finality of litigation.
• Howard v. Minn. Muskies, Inc.
  420 So. 2d 652· Fla. 3d DCA· 1982-10-19
  Robert Howard appealed a summary judgment dismissing his attorney malpractice claim against Eugene Stearns and his related fraud-on-the-court action against Minnesota Muskies, Inc. The court affirmed, holding the malpractice claim time-barred under Florida's two-year statute of l
• Smorag v. Smorag
  400 So. 2d 176· Fla. 4th DCA· 1981-06-24
• Biscayne W., Inc. v. Burnac Mortg. Invs., Ltd.
  385 So. 2d 4· Fla. 3d DCA· 1980-06-24
• Groover v. Groover
  383 So. 2d 280· Fla. 5th DCA· 1980-05-07
  A collateral attack on a divorce judgment based on bigamy of the underlying marriage may proceed as an attack on a void judgment under Rule 1.540(b)(4), rather than being barred by the one-year time limit in Rule 1.540(b)(3), because the trial court lacked subject matter jurisdic
• Krenzer v. Stoffel
  551 F.2d 1214· C.C.P.A.· 1977-03-10
  The court held that the allegations of fraud were without merit and insufficient to warrant recalling a mandate, as the evidence did not meet the clear and convincing standard required for proof of fraud.
• Edmond Pfotzer and E. John Pfotzer v. Amercoat Corp. & Ameron, Inc.
  548 F.2d 51· 2d Cir.· 1977-01-13
  The court held that a motion to set aside a stipulation of dismissal, filed more than one year after the judgment, was untimely under Rule 60(b) and thus properly denied.
• Fla. Keys Boys Club, Inc. v. Pelekis
  327 So. 2d 804· Fla. 3d DCA· 1976-02-10
  The court considered an interlocutory appeal from an order requiring a defendant to provide handwriting samples for examination in a forgery case, treating it as a petition for writ of certiorari.
• United Broad. Co., Inc. v. Armes
  526 F.2d 353· 5th Cir.· 1976-01-22
  The court affirmed the district court's refusal to hold the appellee in contempt.
• The Goodyear Tire & Rubber Co. v. H. K. Porter Co.
  521 F.2d 699· 6th Cir.· 1975-08-25
  The court held that a party cannot pursue relief from a judgment through both a Rule 60(b) motion and an independent action when the grounds are identical.
• Sweet v. Sweet
  294 So. 2d 402· Fla. 2d DCA· 1974-05-15
  Heirs of a deceased estate owner sought to set aside deeds conveying real property that were approved by a county judge court without proper proof of assignment. The trial court dismissed the suit for lack of subject matter jurisdiction, but the appellate court reversed, holding
• Boswell v. Boswell
  35 Fla. Supp. 119· Martin Cty. Cir. Ct.· 1970-12-10
  Plaintiff Perry Boswell Jr. sought to invalidate his wife's Mexican divorce from her prior husband, arguing it was void. The circuit court dismissed his complaint, finding he lacked standing to challenge a divorce decree to which he was not a party, and granted the defendant's co
• Corrigan v. Corrigan
  184 So. 2d 664· Fla. 4th DCA· 1966-03-15
  A Florida appellate court affirmed a decree vacating a divorce judgment obtained by the husband through fraudulent constructive service. The husband falsely swore that his wife was concealing herself to avoid service when he actually knew her whereabouts, depriving her of notice
• In re Wells
  281 F.2d 68· D.C. Cir.· 1960-05-19
  The court held that statutory provisions barring challenges to adoption decrees after one year and sealing adoption records preclude the appellant's motion to search records.
• Fenton v. Fenton
  12 Fla. Supp. 91· Dade Cty. Cir. Ct.· 1958-03-31
  In this divorce case, the trial court dismissed the suit based on the plaintiff's failure to establish Florida residency. After the District Court of Appeal reversed on de novo review, the trial judge reinstated the case and appointed an attorney ad litem for the State. Before th
• Fonell v. Featherstone
  11 Fla. Supp. 24· Monroe Cty. Cir. Ct.· 1957-07-03
  Fonell sought to vacate a 1951 divorce decree on grounds of fraud, alleging his ex-wife falsely swore she did not know his residence to obtain service by publication. The court dismissed the complaint, finding the plaintiff guilty of laches due to his six-year delay in asserting
• Watson v. Suddoth
  177 F.2d 371· 8th Cir.· 1949-11-09
  The federal court cannot undo state court judgments, even if alleged to be fraudulent, and will not retry the case.
• Clemons v. State
  157 Fla. 524· Fla.· 1946-06-18
  This case reviews a conviction for second-degree murder, considering whether the evidence supported the charge and if a new trial should be granted due to alleged perjury by a witness claiming to be the deceased's wife.
• Tinkoff v. W. Publ'g Co.
  152 F.2d 754· 7th Cir.· 1945-12-03
  The court held that the trial court correctly denied the motion to vacate dismissal orders, as no fraud was practiced upon the court or plaintiff.
• Cox v. HAL W. Adams
  151 Fla. 280· Fla.· 1942-08-04
• Shore v. Shore
  138 Fla. 586· Fla.· 1939-06-13
  The appellate court affirmed a lower court's dismissal of a petition to set aside a divorce decree. The court found the petition was not properly sworn or supported by affidavits, thus failing to prove its allegations of fraud.
• Wicker v. The Honorable Worth W. Trammell & George Mangus
  123 Fla. 686· Fla.· 1936-04-11
  This case involves a motion to quash a writ of mandamus seeking to compel a circuit judge to cancel an order and a trustee's deed. The appellate court found that the circuit court had jurisdiction to determine issues of fraud related to the order and deed, and any errors could be