Fraud On The Court

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

• Warriner v. Fink
  307 F.2d 933· 5th Cir.· 1962-09-13 ·cited 24×
  The federal district court lacked jurisdiction to enjoin or set aside a state court's foreclosure decree, even if obtained by fraud, after the plaintiff failed to seek review of the state supreme court's dismissal of her appeal.
• Rawlins v. Rawlins
  18 Fla. 345· Fla.· 1881-06-01 ·cited 24×
  In this 1881 Florida case, the court addressed whether a widow and children could sue to set aside a divorce decree on grounds of fraud after the husband's death, and whether the widow should be appointed as administrator of the estate. The court upheld most of the complaint but
• Ross Dress FOR Less Va., Inc. v. Castro
  134 So. 3d 511· Fla. 3d DCA· 2014-03-05 ·cited 23×
  Ross Dress for Less and U.S. Security Associates were sanctioned for alleged discovery violations through striking of pleadings, entry of default, and daily monetary fines. The Third District Court of Appeal quashed the entire sanctions order, finding the trial court lacked suffi
• Oriel Tananta v. Cruise Ships Catering & Servs. Int'l., N.V.
  909 So. 2d 874· Fla. 3d DCA· 2004-12-22 ·cited 23×
  Five foreign seamen employed by Costa cruise lines sued in Miami-Dade County for personal injuries sustained aboard foreign-flagged vessels in international or foreign waters. The Third District Court of Appeal affirmed dismissal under the doctrine of forum non conveniens, holdin
• SUN Supermarkets, Inc. v. Fields
  568 So. 2d 480· Fla. 3d DCA· 1990-10-09 ·cited 23×
  Sun Supermarkets appeals the denial of its motion for a new trial after a jury verdict for the plaintiff in a personal injury case. The court reverses and remands because plaintiff's counsel made highly prejudicial remarks attacking defense counsel's credibility by accusing him o
• Harris Tr. & Sav. Bank v. Ellis
  810 F.2d 700· 7th Cir.· 1987-01-27 ·cited 23×
• Grammer v. Grammer
  80 So. 2d 457· Fla.· 1955-05-11 ·cited 23×
  The Florida Supreme Court reversed a lower court's decision to vacate a divorce decree on grounds of fraud in constructive service. The court held that the husband made sufficient diligent search and inquiry to locate his estranged wife before obtaining the divorce, and that the
• Rice v. Rice
  4 So. 2d 850· Fla.· 1941-12-05 ·cited 23×
  The appellate court affirmed a divorce decree and property settlement, rejecting the wife's motion to vacate. The court found her claims of fraud and insufficient grounds for divorce lacked merit and were raised too late.
• Crowley v. Crowley
  678 So. 2d 435· Fla. 4th DCA· 1996-08-07 ·cited 22×
  In this Florida divorce case, the Fourth District Court of Appeal affirmed in part and reversed in part a dissolution judgment, addressing the husband's claims regarding asset distribution, child support calculation, attorney's fees, relocation, and rehabilitative alimony. The co
• Abatti v. Comm'r OF the Internal Revenue Serv.
  859 F.2d 115· 9th Cir.· 1988-10-07 ·cited 22×
  The Tax Court correctly denied appellants' motion to vacate final decisions because it lacked jurisdiction to do so after the time for appeal had expired, and no exceptions applied.
• Marlin Brown v. McCORMICK
  608 F.2d 410· 10th Cir.· 1979-10-17 ·cited 22×
  The court held that while the appellants' attorney had notice of the default judgment hearing, the complete exclusion of the appellants from a hearing where testimony was received to set remedies may raise due process concerns, but the lawyer's inaction on appeal prevents voiding
• William H. Kenner and Eleanor v. Kenner
  387 F.2d 689· 7th Cir.· 1968-01-05 ·cited 22×
  The Tax Court has the inherent power to inquire into the integrity of its own decisions, even after they become final, if fraud upon the court is alleged with sufficient particularity.
• Gibson v. Gibson
  180 So. 2d 388· Fla. 1st DCA· 1965-11-23 ·cited 22×
  A guardian appealed the dismissal of an action seeking to void a 1954 divorce decree and property settlement agreement on grounds that the ex-wife was mentally incompetent at the time of signing. The court held that in nonjury cases, a trial court may weigh evidence and credibili
• Am. Ins. Co. v. Scheufler
  129 F.2d 143· 8th Cir.· 1942-07-10 ·cited 22×
  The court affirmed the decrees distributing impounded funds to policyholders, finding the insurance companies were not entitled to the funds and had participated in fraud.
• Curley v. Curley
  120 F.2d 730· D.C. Cir.· 1941-06-02 ·cited 22×
  The District Court erred in voiding a Florida divorce decree obtained by a party who had established a bona fide domicile in Florida, as the decree is entitled to recognition on grounds of comity.
• Bryant v. Wells Fargo Bank, N.A.
  182 So. 3d 927· Fla. 3d DCA· 2016-01-20 ·cited 21×
  Annette Bryant appealed from a foreclosure judgment and related orders, but the Florida District Court of Appeal, Third District, dismissed the appeal for lack of jurisdiction because Bryant failed to timely file her notice of appeal within the required thirty-day periods.
• Barash v. Kates
  585 F. Supp. 2d 1347· S.D. Fla.· 2006-10-12 ·cited 21×
  Philip Barash is sanctioned pursuant to the Court's inherent authority for perpetrating a fraud on the court through false statements during trial, while counsel James M. McCann is not sanctioned.
• McKNIGHT v. Evancheck
  907 So. 2d 699· Fla. 4th DCA· 2005-08-03 ·cited 21×
  The court held that a trial court has discretion to dismiss a plaintiff's entire case for fraud on the court when the plaintiff knowingly makes material misrepresentations about their medical history that permeate the proceedings.
• Great Coastal Express, Inc. v. Int'l Bhd. OF Teamsters
  675 F.2d 1349· 4th Cir.· 1982-04-12 ·cited 21×
  The court held that the company's actions, while reprehensible, did not constitute "fraud on the court" or support an independent action in equity for relief from the judgment, as the fraud primarily involved perjury and fabricated evidence between the parties rather than a direc
• Bevan v. D'Alessandro
  395 So. 2d 1285· Fla. 2d DCA· 1981-04-01 ·cited 21×
  Brian Bevan appeals a trial court's dismissal with prejudice of his replevin action for failure to prosecute. The court dismissed the action despite Bevan's voluntary dismissal filed five days before the hearing on the state's motion to dismiss. The appellate court reversed, hold
• In re Est. OF Gwendolyn Gaffney Willis v. Gaffney
  677 So. 2d 949· Fla. 2d DCA· 1996-07-31 ·cited 20×
  The Estate of Gwendolyn Gaffney Willis appealed a trial court's denial of its motion for relief from judgment, arguing the court erroneously treated the motion as untimely under Rule 1.530(b) when it should have been evaluated under Rule 1.540(b). The appellate court reversed, ho
• Houck v. Folding Carton Admin. Comm.
  881 F.2d 494· 7th Cir.· 1989-08-09 ·cited 20×
  The court held that the United States' interest in the Reserve Fund was extinguished due to the actions of the U.S. Attorney's office and the nature of the escheat statute, affirming the denial of intervention. The court also voided grants to law schools, remanding for further pr
• Wilisch v. Wilisch
  335 So. 2d 861· Fla. 3d DCA· 1976-08-03 ·cited 20×
  Lillian Wilisch appealed the trial court's denial of her partition action for two jointly-held properties and the retroactive modification of her divorce decree increasing her ex-husband's management fee. The appellate court reversed, holding that the trial court lacked jurisdict
• Morrison Kimbrough & Pace Fin. Co., Inc. v. McCRANIE
  325 So. 2d 70· Fla. 1st DCA· 1976-01-16 ·cited 20×
• Governor Clinton Co., Inc. v. Knott at al.
  120 F.2d 149· 2d Cir.· 1941-06-04 ·cited 20×
  The court held that payments made to fiduciaries from the debtor's estate, even without direct proof of loss or intent to defraud, are recoverable due to the breach of fiduciary duty and fraud upon the court.
• JVA Enters. v. Prentice
  48 So. 3d 109· Fla. 4th DCA· 2010-11-10 ·cited 19×
  JVA Enterprises and Enterprises, Inc. appealed a judgment for Prentice in a maritime injury case. The court affirmed the trial court's denial of a fraud-on-the-court motion to dismiss but reversed and remanded for a new trial because the trial court improperly excluded evidence o
• Dany Gilbert v. Eckerd Corp. OF Fla., Inc.
  34 So. 3d 773· Fla. 4th DCA· 2010-05-12 ·cited 19×
  The court held that dismissal for fraud on the court was improper because the moving party failed to provide clear and convincing evidence and the trial court failed to resolve a key factual dispute.
• Coleman (Parent) Holdings, Inc. v. Morgan Stanley & Co. Inc.
  20 So. 3d 952· Fla. 4th DCA· 2009-10-07 ·cited 19×
  Coleman (Parent) Holdings, Inc. appealed the denial of its Rule 1.540(b) motion seeking to set aside a judgment in favor of Morgan Stanley. CPH alleged that Morgan Stanley committed fraud upon the court during discovery sanction hearings by misrepresenting when its in-house couns
• Gehrmann v. City OF Orlando
  962 So. 2d 1059· Fla. 5th DCA· 2007-08-24 ·cited 19×
  Gehrmann appeals the trial court's dismissal of his personal injury negligence case with prejudice based on fraud for failing to disclose prior back injuries during discovery. The Fifth District Court of Appeal reversed, holding that the inconsistencies in his testimony did not r
• Florida Evergreen Foliage v. E.I. DuPont De Nemours & Co.
  336 F. Supp. 2d 1239· S.D. Fla.· 2004-07-26 ·cited 18×
  The court denied motions to amend, granted summary judgment for DuPont on fraud claims, denied summary judgment for DuPont on breach of settlement claims, and granted motions to dismiss, closing the cases.
• Leo's Gulf Liquors v. Chandresh Lakhani
  802 So. 2d 337· Fla. 3d DCA· 2001-09-05 ·cited 18×
  Leo's Gulf Liquors appeals the dismissal of its fraud complaint against the sellers of a liquor store. The trial court dismissed the action based on fraud upon the court, finding that the plaintiff's officers repeatedly lied under oath during depositions about material facts rega
• Desimone v. OLD Dominion Ins. Co.
  740 So. 2d 1233· Fla. 4th DCA· 1999-08-25 ·cited 18×
  Plaintiff Dominick Desimone appealed the dismissal of his personal injury suit against a bar owner and manager for injuries sustained in the bar's parking lot. The trial court dismissed the case with prejudice based on plaintiff's fraud during discovery, and the appellate court a
• Lamb v. Cary Leiter
  603 So. 2d 632· Fla. 4th DCA· 1992-08-05 ·cited 18×
  Sandra Lamb sought to set aside her 1986 divorce judgment and property settlement agreement, alleging the former husband used coercion and duress to force her to accept unfavorable terms. The Fourth District reversed the trial court's dismissal based on the one-year rule, holding
• Phoceene Sous-Marine v. U. S. Phosmarine, Inc.
  682 F.2d 802· 9th Cir.· 1982-07-27 ·cited 18×
  A district court may not enter a default judgment as a sanction for a defendant's deception on a matter wholly unrelated to the merits of the case, as such a sanction is inconsistent with due process.
• United States v. Cortina
  630 F.2d 1207· 7th Cir.· 1980-09-11 ·cited 18×
  A search warrant obtained through deliberate or reckless misrepresentations in the affidavit, which are necessary for probable cause, must be voided, and the fruits of the search excluded, even if the misconduct was by a third party.
• Music Research, Inc. v. Vanguard Recording Soc'y, Inc.
  547 F.2d 192· 2d Cir.· 1976-12-30 ·cited 18×
  The court affirmed the jury's award of damages for fraud, finding that issues of limitations, reliance, and damages were properly submitted to the jury and supported by the evidence.
• Taft v. Donellan Jerome, Inc.
  407 F.2d 807· 7th Cir.· 1969-02-20 ·cited 18×
  The court held that a plaintiff seeking to enjoin a judgment must first exhaust legal remedies, particularly under Rule 60(b), before pursuing an equitable action in another jurisdiction.
• Rubens v. Ellis
  202 F.2d 415· 5th Cir.· 1953-02-27 ·cited 18×
  The court held that the present suit was barred by res judicata because the same claims were previously litigated and decided on the merits in a prior New Mexico federal court action between the same parties.
• Grantham v. Grantham
  140 Fla. 120· Fla.· 1939-09-26 ·cited 18×
  W. L. Grantham obtained a divorce decree against his wife Jessie based on extreme cruelty and ungovernable temper, using constructive service by publication after claiming her location was unknown. The Florida Supreme Court upheld the trial court's decision to vacate the decree a
• Summer Jasser v. Saadeh
  97 So. 3d 241· Fla. 4th DCA· 2012-07-18 ·cited 17×
  The Fourth District Court of Appeal affirmed summary judgment voiding a trust agreement executed by Karim Saadeh while an emergency temporary guardian held all his legal rights except voting. The court held that Saadeh lacked legal capacity to create the trust because the ETG's a
• Bass v. City OF Pembroke Pines
  991 So. 2d 1008· Fla. 4th DCA· 2008-10-08 ·cited 17×
  Wendy Bass appeals the dismissal of her negligence complaint against the City of Pembroke Pines for sanctions imposed due to fraud upon the court. The trial court dismissed her complaint after finding she intentionally failed to disclose significant medical history, including a d
• Schleger v. Stebelsky
  957 So. 2d 71· Fla. 4th DCA· 2007-05-09 ·cited 17×
  The trial court abused its discretion by failing to hold an evidentiary hearing on the motion to vacate, which alleged fraud upon the court.
• Cross v. Pumpco, Inc.
  910 So. 2d 324· Fla. 4th DCA· 2005-09-14 ·cited 17×
  The trial court dismissed a personal injury complaint with prejudice based on alleged fraud on the court, finding that the plaintiff misrepresented the nature of prior injuries to his neck and shoulder and failed to properly disclose a 1995 accident. The appellate court reversed,
• Vining v. Martyn
  660 So. 2d 1081· Fla. 4th DCA· 1995-08-16 ·cited 17×
  In this attorney-client dispute, the Fourth District Court of Appeal affirmed the trial court's judgment against attorney Edward Vining for conversion, civil theft, and fraud on the court in connection with his representation of Eva Martyn in a 1980 dissolution proceeding. The co
• United States v. Olesen
  920 F.2d 538· 8th Cir.· 1990-12-04 ·cited 17×
  A district court cannot modify an unconditionally accepted plea agreement under Rule 11, absent fraud, and contract law analogies do not permit reformation for unilateral mistake. Factual findings supporting an upward adjustment for a leadership role under the Sentencing Guidelin
• Wescott v. Wescott
  444 So. 2d 495· Fla. 2d DCA· 1984-01-13 ·cited 17×
  Mrs. Wescott appealed the dismissal of her independent action seeking to set aside a final judgment of dissolution of marriage based on her former husband's alleged perjury and concealment of assets. The court affirmed the dismissal, holding that intrinsic fraud such as perjury c
• United States v. Johnson
  679 F.2d 54· 5th Cir.· 1982-06-24 ·cited 17×
  The court held that the Supreme Court's decision in United States v. Goodwin requires proof of actual prosecutorial vindictiveness, not just a presumption, to vacate a sentence.
• THE Florida BAR v. Hoffer
  383 So. 2d 639· Fla.· 1980-05-01 ·cited 17×
  The Florida Bar disciplined attorney Ronald J. Hoffer for three separate instances of professional misconduct: filing a complaint naming an incorrect mortgage holder due to inadequate record searches, submitting a final judgment without notice to opposing counsel after being on a
• Martz v. Riskamm
  144 So. 2d 83· Fla. 1st DCA· 1962-07-10 ·cited 17×
  This case addresses the validity of a 1945 divorce decree procured through fraud and the dower rights of the first wife. The court set aside the divorce decree, recognized the first wife as the lawful widow, and awarded her dower in real property held by the fraudulently divorced
• Wagner v. Pa. R.R. Co.
  282 F.2d 392· 3d Cir.· 1960-09-08 ·cited 17×
  The court held that the trial court did not abuse its discretion in denying the motions for a new trial and relief from judgment, nor in sustaining objections to certain cross-examination and summation arguments.