Fraud On The Court

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

• Kupferman v. Consol. Research & Mfg. Corp.
  459 F.2d 1072· 2d Cir.· 1972-05-03 ·cited 37×
  The court held that the receiver's attorney's failure to disclose a release, which he reasonably believed his adversary knew about or would discover, did not constitute fraud upon the court justifying vacating a final judgment.
• Select Builders OF Fla., Inc. v. Wong
  367 So. 2d 1089· Fla. 3d DCA· 1979-02-27 ·cited 36×
  Select Builders sought to expunge a federal court injunction from Dade County public records to clear title to a condominium property. After obtaining an expungement order, the trial court discovered Select Builders may have perpetrated fraud on the court, vacated the order, and
• United States v. Rutkin
  208 F.2d 647· 3d Cir.· 1953-12-10 ·cited 36×
• Phelan v. Middle States OIL Corp.
  154 F.2d 978· 2d Cir.· 1946-03-21 ·cited 36×
  The court held that the appellants, as executors of a bondholder, lacked standing to object to the receivers' final accounting because the alleged tort claim for misrepresentation did not pass to the bondholder upon purchase.
• In re Guardianship of Theresa Marie Schiavo v. Schiavo
  792 So. 2d 551· Fla. 2d DCA· 2001-07-11 ·cited 35×
  This consolidated appeal addresses whether parents of an incapacitated woman in a persistent vegetative state can challenge a guardianship court order authorizing discontinuation of life-prolonging procedures. The court holds that interested parties have standing to seek relief u
• Serzysko v. The Chase Manhattan Bank
  461 F.2d 699· 2d Cir.· 1972-05-22 ·cited 35×
  The court held that the appellant's claims of fraud on the court and violations of the Civil Rights Act were insufficient to set aside a prior judgment or state a new claim.
• England v. Morgan J. Doyle
  281 F.2d 304· 9th Cir.· 1960-08-11 ·cited 35×
  The court held that an attorney's statement during a hearing for a continuance, which was not intended as a binding stipulation to hold assets, did not require notice to the petitioning creditor for the termination of an agency, nor did the agent's failure to disclose this statem
• Kerline Ferere v. William Shure, M.D.
  65 So. 3d 1141· Fla. 4th DCA· 2011-07-20 ·cited 34×
  A plaintiff appealed from orders awarding defendants attorney's fees and costs following a mistrial, and from final judgments for defendants after a second trial in a medical malpractice case. The court reversed the attorney's fees and costs awards but affirmed the final judgment
• Parker v. Parker
  950 So. 2d 388· Fla.· 2007-02-01 ·cited 34×
  The Florida Supreme Court resolved a conflict between district courts regarding whether a wife's misrepresentation of paternity in a dissolution of marriage proceeding constitutes intrinsic or extrinsic fraud. The Court held that such misrepresentation is intrinsic fraud, requiri
• Distefano v. State Farm Mut. Auto. INS. Co.
  846 So. 2d 572· Fla. 1st DCA· 2003-04-28 ·cited 34×
  Carrie Distefano appealed the dismissal of her uninsured motorist insurance claim for giving false and misleading testimony during discovery. The First District affirmed the dismissal, holding that the trial court did not abuse its discretion in imposing this sanction where Diste
• Wood v. McEWEN
  644 F.2d 797· 9th Cir.· 1981-05-04 ·cited 34×
  The court held that the plaintiff's action to set aside a prior judgment was frivolous and properly dismissed, and affirmed the dismissal while imposing damages and attorney's fees on the plaintiff for pursuing vexatious litigation.
• Hadden v. Rumsey Prods., Inc.
  196 F.2d 92· 2d Cir.· 1952-04-01 ·cited 33×
  The New York court erred in permanently enjoining the enforcement of the Ohio judgment based on the confession of judgment, but it may entertain an independent action to set aside the judgment based on fraud in the procurement of the notes.
• Lesperance v. Lesperance
  257 So. 2d 66· Fla. 3d DCA· 1971-12-07 ·cited 32×
  The appellate court affirmed the trial court's denial of the motion to vacate the prior judgment and the orders regarding the attorney's charging lien and fee.
• Cord v. Smith
  370 F.2d 418· 9th Cir.· 1966-12-15 ·cited 32×
• Tramel v. Runette J. Bass
  672 So. 2d 78· Fla. 1st DCA· 1996-04-19 ·cited 31×
  Sheriff Tramel appeals a default judgment imposed as a sanction for intentionally altering a videotape by omitting six seconds that contradicted his deputy's account of events. The trial court found the sheriff's employees deliberately edited the tape to mislead the court and opp
• Venning v. Oradell ROE
  616 So. 2d 604· Fla. 2d DCA· 1993-04-07 ·cited 31×
  In a personal injury automobile accident case, the Florida Second District Court of Appeal reversed the trial court's denial of the plaintiff's motion for a new trial, finding that defense counsel's improper closing argument comments—which accused the plaintiff's medical expert o
• Reverend W. Eugene Scott v. Evelle J. Younger
  739 F.2d 1464· 9th Cir.· 1984-08-14 ·cited 31×
  The district court properly denied motions to vacate and reconsider because it lacked jurisdiction due to untimeliness and the pending appeal, and the appeal itself is frivolous.
• Est. OF Margarete Bobinger v. The Deltona Corp.
  563 So. 2d 739· Fla. 2d DCA· 1990-06-08 ·cited 30×
  The court reversed the trial court's dismissal with prejudice of a class action complaint alleging extrinsic fraud (fraud upon the court) against Deltona Corporation. Although the complaint had some deficiencies in pleading class action requirements, the court held that these wer
• In re Met-L-Wood Corp. v. Pipin
  861 F.2d 1012· 7th Cir.· 1988-11-08 ·cited 30×
  The court held that the trustee's suit was barred by res judicata and collateral attack, and his motion to vacate the sale under Rule 60(b) was untimely and did not fall under the 'fraud upon the court' exception.
• THE Florida BAR v. Joseph v. Agar
  394 So. 2d 405· Fla.· 1980-10-09 ·cited 30×
  The Florida Supreme Court disbarred attorney Joseph V. Agar for knowingly presenting false testimony in a divorce proceeding and failing to disclose the fraud to the court. The Court rejected the referee's recommended four-month suspension, holding that deliberate use of false te
• Wilkin v. Sunbeam Corp.
  466 F.2d 714· 10th Cir.· 1972-08-30 ·cited 30×
  The court held that the plaintiff failed to present sufficient evidence to warrant relief under Rule 60(b) for alleged fraud on the court.
• Potter v. Potter
  133 So. 94· Fla.· 1931-03-20 ·cited 30×
  This case involves a dispute over the validity of a will. The appellant sought to cancel a later will and enforce an earlier one, arguing it was part of an agreement made to facilitate a divorce. The court found the agreement void as against public policy because it was intended
• Jose and Anais Suarez v. Benihana Nat'l OF Fla. Corp.
  88 So. 3d 349· Fla. 3d DCA· 2012-05-09 ·cited 29×
  The appellate court reversed a trial court's dismissal with prejudice of a negligence action against Benihana restaurant, finding that the trial court abused its discretion by imposing the severe sanction of dismissal based on alleged fraud upon the court. The court held that whi
• Theron D. Howard, Jr. v. Risch
  959 So. 2d 308· Fla. 2d DCA· 2007-05-11 ·cited 29×
  Howard appealed the trial court's dismissal of his automobile negligence action as a sanction for alleged fraud in discovery responses. The appellate court reversed, finding that the minimal evidence presented—primarily documents without live testimony—did not support the trial c
• Booker v. State
  503 So. 2d 888· Fla.· 1987-01-05 ·cited 29×
  The court held that the appellant failed to prove fraud upon the court and that his motion constituted an abuse of procedure under Rule 3.850.
• Kerwit Med. Prods., Inc. v. N. & H. Instruments
  616 F.2d 833· 5th Cir.· 1980-05-08 ·cited 29×
  The denial of a Rule 60(b) motion is appealable under 28 U.S.C. § 1292(a)(1) if it continues an injunction, and the motion itself was correctly denied as the alleged fraud did not constitute 'fraud upon the court'.
• United States v. Standard OIL Co. OF Cal.
  603 F.2d 100· 9th Cir.· 1979-08-27 ·cited 29×
  The court held that the district court erred in awarding attorney's fees against SOCAL because SOCAL did not act in bad faith, and the award was not justified under the narrow exceptions to the American rule.
• Granados v. Zehr
  979 So. 2d 1155· Fla. 5th DCA· 2008-04-18 ·cited 28×
  Patricia Granados appealed the dismissal with prejudice of her personal injury action based on alleged fraud on the court. The trial court found fraud based on inconsistencies between her discovery responses denying pre-accident back pain and headaches and medical records showing
• Chancey v. Chancey
  880 So. 2d 1281· Fla. 2d DCA· 2004-09-03 ·cited 28×
  Calvin Chancey, incarcerated during divorce proceedings, was defaulted and obtained a default judgment against him without a hearing on his motion to set aside, despite filing multiple documents suggesting he attempted to respond and raise issues about alleged marital assets and
• Sandstrom v. Sandstrom
  565 So. 2d 914· Fla. 4th DCA· 1990-08-29 ·cited 28×
  A husband appeals a temporary injunction restraining him from selling or disposing of marital assets during divorce proceedings. The Florida appellate court affirmed the injunction, holding that Section 61.11 authorizes courts to enjoin dissipation of marital assets before final
• S. Bell Tel. & Tel. Co. v. Welden
  483 So. 2d 487· Fla. 1st DCA· 1986-02-13 ·cited 28×
  The court held that the trial court erred in denying a motion for evidentiary hearing and discovery regarding allegations of fraud on the court, as the proffered evidence could constitute fraud rather than mere impeachment.
• USM Corp. v. SPS Techs., Inc.
  694 F.2d 505· 7th Cir.· 1982-12-03 ·cited 28×
  A consent decree in a patent infringement suit has res judicata effect, barring subsequent challenges to patent validity, even if fraud on the Patent Office is alleged, unless the decree itself was procured by fraud on the court. Discriminatory royalty schedules in patent license
• Mayview Corp. v. Rodstein
  620 F.2d 1347· 9th Cir.· 1980-02-04 ·cited 28×
  The court affirmed the invalidity of the utility and design patents and the dismissal of most counterclaims, but vacated and remanded the attorney's fees award for further consideration.
• August v. August
  350 So. 2d 794· Fla. 3d DCA· 1977-09-20 ·cited 28×
  The court held that a post-judgment petition to set aside a divorce judgment based on misconduct must be filed within one year of the judgment's entry.
• Gilbertson v. Boggs
  743 So. 2d 123· Fla. 4th DCA· 1999-09-22 ·cited 27×
  A putative father appealed a dismissal of his paternity action against a married woman, claiming fraud on the court when she allegedly promised to acknowledge his paternity if he dismissed his first appeal. The court held that while res judicata barred the paternity claim brought
• Bologna v. Schlanger
  995 So. 2d 526· Fla. 5th DCA· 2008-06-20 ·cited 26×
  Tracy Bologna appeals the trial court's order dismissing her personal injury suit with prejudice for alleged fraud on the court based on inconsistencies in her discovery responses regarding prior back and neck injuries. The Fifth District reversed, holding that the trial court er
• United States v. Yancey
  827 F.2d 83· 7th Cir.· 1987-08-13 ·cited 26×
  The court held that the Probation Act does not limit a court's authority to revoke probation for offenses committed prior to the commencement of the probation period, and that the district court's revocation order was affirmed in part and reversed in part.
• Dan Andrade (1) & Joe Carrillo (2) v. The United States
  485 F.2d 660· Ct. Cl.· 1973-10-17 ·cited 26×
  The court held that the petitioners' claims attacking the 1964 Indian Claims Commission judgment were barred by the statute of limitations and laches, and thus dismissed them. The Pitt River Tribe's claim regarding the 1968 Act was dismissed without prejudice.
• Republic Molding Corp. v. B. W. Photo Utils.
  319 F.2d 347· 9th Cir.· 1963-06-19 ·cited 26×
  The court held that the doctrine of unclean hands was improperly applied to bar Republic's claims because its misconduct in falsely advertising a pending patent was not sufficiently connected to the asserted rights of unfair competition, patent infringement, or copyright infringe
• Molton G. Smith v. Stone
  308 F.2d 15· 9th Cir.· 1962-09-07 ·cited 26×
  The court held that the trial court did not abuse its discretion in refusing to set aside a summary judgment due to the appellant's counsel's failure to follow court rules and file timely opposition.
• Sandstrom v. Chemlawn Corp.
  904 F.2d 83· 1st Cir.· 1990-05-17 ·cited 25×
  A voluntary dismissal under Fed.R.Civ.P. 41(a) renders prior proceedings a nullity, and any alleged jurisdictional consent from the dismissed action cannot be used to establish jurisdiction in a subsequent, separate lawsuit. Furthermore, a defendant's limited contacts with a foru
• Thompson v. Crawford
  479 So. 2d 169· Fla. 3d DCA· 1985-11-20 ·cited 25×
  Thompson was acquitted by reason of insanity via stipulation while found incompetent to stand trial, but the trial court later vacated the acquittal and judgment. On appeal, the court held that no double jeopardy bar existed because jeopardy never attached—there was no valid tria
• The Travelers Indem. Co. v. Jack Gore & the Darien Bank
  761 F.2d 1549· 11th Cir.· 1985-06-04 ·cited 25×
  The court held that perjury by a party, without more, does not constitute fraud upon the court sufficient to support an independent action for relief from judgment, especially when the issue could have been raised in the original proceeding.
• Smith Int'l, Inc. v. Hughes Tool Co.
  759 F.2d 1572· Fed. Cir.· 1985-04-30 ·cited 25×
  The court affirmed the denial of motions to dissolve the preliminary injunction and dismissed appeals challenging orders that barred evidence of fraud and denied summary judgment, based on the law of the case doctrine.
• In re Sealed Case
  754 F.2d 395· D.C. Cir.· 1985-02-08 ·cited 25×
• Roberts v. Seaboard Sur. Co.
  158 Fla. 686· Fla.· 1947-04-01 ·cited 25×
  This case concerns whether a default judgment against Seaboard Surety Company was properly entered when the underlying declaration named it as a joint defendant alongside Southeastern Construction Company, but the bill of particulars (made part of the declaration) showed an accou
• Wells Fargo Bank, N.A. v. Reeves
  92 So. 3d 249· Fla. 1st DCA· 2012-06-13 ·cited 24×
  Wells Fargo appealed a trial court's dismissal with prejudice of a mortgage foreclosure action based on defendants' motion to dismiss. The appellate court reversed, holding that the trial court abused its discretion by dismissing on fraud-upon-the-court grounds without clear and
• Barker v. Barker
  909 So. 2d 333· Fla. 2d DCA· 2005-07-06 ·cited 24×
  Jerry and Hugh Barker sought certiorari review of a circuit court discovery order in a fraud action challenging Hugh's adoption of Jerry. The appellate court granted partial relief, quashing the order requiring disclosure of Hugh's medical records without adequate privacy safegua
• Savino v. Fla. Drive IN Theatre Mgmt., Inc.
  697 So. 2d 1011· Fla. 4th DCA· 1997-08-13 ·cited 24×
  Appellant Frank Savino appealed the dismissal with prejudice of his personal injury fraud claim after the trial court found that he had perpetrated fraud on the court through fabricated credentials and false statements about his condition. The court affirmed the dismissal, holdin
• THE Florida BAR v. Kickliter
  559 So. 2d 1123· Fla.· 1990-04-05 ·cited 24×
  Disbarment is warranted for an attorney who knowingly submits a forged document to a court with intent to deceive.