Fraud On The Court

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

• Perrine v. Henderson
  85 So. 3d 1210· Fla. 5th DCA· 2012-04-27 ·cited 16×
  Robert Allen Perrine appealed a trial court's dismissal of his fraud action against Robert Eugene Henderson and Swell Construction Company for fraud on the court. The appellate court affirmed the dismissal, holding that the trial court properly exercised its discretion based on P
• Chacha v. Transp. USA, Inc.
  78 So. 3d 727· Fla. 4th DCA· 2012-02-08 ·cited 16×
  Ronald Chacha appeals the trial court's dismissal of his personal injury lawsuit for fraud on the court. The court dismissed the case with prejudice after finding that Chacha fraudulently concealed his prior back pain history from his treating physicians and in his discovery resp
• Pino v. The Bank OF NEW York
  76 So. 3d 927· Fla.· 2011-12-08 ·cited 16×
  The Florida Supreme Court held that it has discretion to retain jurisdiction and decide the merits of a certified question of great public importance even after the parties file a joint stipulated dismissal based on settlement. The Court declined to dismiss a mortgage foreclosure
• Perry v. State
  714 So. 2d 563· Fla. 1st DCA· 1998-06-26 ·cited 16×
  Thomas Perry appeals an upward departure sentence imposed during probation revocation, arguing the trial court lacked authority to depart based on his use of an alias at an earlier sentencing. The appellate court affirms because Perry failed to preserve his legal argument for app
• Vargas v. Peltz
  901 F. Supp. 1572· S.D. Fla.· 1995-03-17 ·cited 16×
  The court held that the plaintiff's fabrication of evidence and perjury constituted a fraud on the court, warranting dismissal of the action with prejudice.
• M.L.B. and J.B. v. Dep't of Health & Rehabilitative Servs.
  559 So. 2d 87· Fla. 3d DCA· 1990-02-13 ·cited 16×
  Fraudulent concealment is not a mere procedural or mechanical irregularity barred by section 63.182's one-year limitation period on challenging an adoption judgment. A result obtained through extrinsic fraud may be set aside at any time.
• United States v. Partida-Parra
  859 F.2d 629· 9th Cir.· 1988-09-20 ·cited 16×
  The court held that the district court's error in vacating a guilty plea was harmless because the government was no longer bound by the plea agreement and subsequent prosecutions were not barred by the Double Jeopardy Clause.
• United States v. Dick
  773 F.2d 937· 7th Cir.· 1985-10-01 ·cited 16×
  A district court cannot revoke a defendant's probation for an event that occurred before the commencement of the probationary term, unless the defendant perpetrated a fraud on the court at sentencing by intentionally withholding crucial information.
• Annalee Erhardt v. Erhardt
  362 So. 2d 70· Fla. 2d DCA· 1978-08-09 ·cited 16×
  In this Florida divorce case, the husband sought relief from a final dissolution judgment on grounds of alleged fraud regarding his income, which had been used to calculate alimony and child support obligations. The appellate court held that Rule 1.540(b) permits relief from a ju
• Israel Aircraft Indus., Ltd. v. Standard Precision
  559 F.2d 203· 2d Cir.· 1977-07-07 ·cited 16×
  The court held that the jury verdicts should be set aside due to undisclosed releases, but the complaint should not have been dismissed sua sponte without a hearing, as there was no evidence of fraud upon the court or a complete failure to make discovery.
• Keys v. Dunbar
  405 F.2d 955· 9th Cir.· 1969-01-21 ·cited 16×
  The court held that the denial of the motion to vacate the prior order was not an abuse of discretion and affirmed the lower court's decision.
• Kinnear-Weed Corp. v. Humble OIL & Ref. Co.
  403 F.2d 437· 5th Cir.· 1968-10-15 ·cited 16×
  The court held that the record did not contain sufficient uncontradicted facts to determine the trial judge's disqualification or fraud, but ordered a factual hearing in the District Court for certain alleged interests.
• King v. L & L Invs., Inc.
  136 So. 2d 671· Fla. 3d DCA· 1962-01-29 ·cited 16×
  The dissenting judge argued that the trial court correctly excluded the mother's testimony about what she would have done had she known Drano was explosive, as this was irrelevant to the defendant's alleged failure to provide sufficient warnings on the label.
• Sparrow v. Yellow CAB Co.
  273 F.2d 1· 7th Cir.· 1959-12-23 ·cited 16×
  The court held that the appellant's failure to provide an adequate appendix with sufficient evidence precluded appellate review of the sufficiency of the evidence for a jury submission.
• Auguste Parker v. Checker Taxi Co., Inc.
  238 F.2d 241· 7th Cir.· 1956-11-19 ·cited 16×
  The court held that the trial court did not abuse its discretion in denying a petition to vacate a judgment based on an alleged secret agreement between the plaintiff and a co-defendant, as the petition lacked sufficient evidence of fraud or prejudice.
• Dowdy v. Hawfield
  189 F.2d 637· D.C. Cir.· 1951-03-01 ·cited 16×
  The court held that the dismissal of the second amended complaint and the denial of the motion to intervene were proper.
• Dewey A. Dye ad litem of the Estate of L. N. Dolbeck v. Dolbeck
  114 Fla. 866· Fla.· 1934-05-15 ·cited 16×
  The Florida Supreme Court affirmed the vacation of a divorce decree procured by fraud regarding residency requirements. The husband obtained a divorce without satisfying Florida's residency requirement, and his widow successfully challenged the decree after his death based on the
• In re Hood v. Hood
  727 F.3d 1360· 11th Cir.· 2013-08-29 ·cited 15×
  Attorneys Luis Torrens, Adrian Reyes, and the Torrens Law Firm were sanctioned by a bankruptcy court for allegedly ghostwriting a pro se Chapter 13 petition filed on behalf of debtor John Hood in violation of Florida Rules of Professional Conduct and federal bankruptcy law. The E
• Pure H20 Biotechnologies, Inc. v. Mazziotti
  937 So. 2d 242· Fla. 4th DCA· 2006-09-06 ·cited 15×
  The court held that the Mazziottis' claims of fraud were time-barred and did not meet the criteria for vacating a judgment under Rule 1.540(b)(5).
• Gisleine Bertrand v. Anilus Belhomme
  892 So. 2d 1150· Fla. 3d DCA· 2005-01-19 ·cited 15×
  The court held that the trial court erred in dismissing the complaint with prejudice based on alleged misconduct in a federal bankruptcy proceeding, as such misconduct did not support dismissal of the state court action.
• Jonah Hogan and Julie L. Hogan v. Dollar Rent A CAR Sys., Inc.
  783 So. 2d 1211· Fla. 4th DCA· 2001-05-02 ·cited 15×
  The court affirmed dismissal with prejudice of a personal injury lawsuit where the plaintiff committed fraud by lying about prior injuries and his treating physician altered medical records to conceal a fall that exacerbated his injuries. The court found the fraud permeated the e
• Hendrick v. H.E. Avent
  891 F.2d 583· 5th Cir.· 1990-01-11 ·cited 15×
  The court held that the appellant's claims constituted an improper collateral attack on a final bankruptcy court judgment and were barred by res judicata, as the appellant had the opportunity to litigate these claims in the original bankruptcy proceeding.
• RCA Corp. v. Data Gen. Corp.
  887 F.2d 1056· Fed. Cir.· 1989-10-11 ·cited 15×
  The court held that RCA's patent claims were invalid due to the on-sale bar, and affirmed the district court's denial of RCA's contract claims and DGC's request for attorney fees.
• Hal Fulenwider, Jr. v. Wheeler
  262 F.2d 97· 5th Cir.· 1958-12-23 ·cited 15×
  The court held that the trial court did not err in admitting testimony or denying a motion for a new trial, affirming the judgment for the plaintiff.
• Matsis v. Matsis
  155 Fla. 786· Fla.· 1945-04-03 ·cited 15×
  A woman sought to vacate a divorce decree on grounds of fraud, claiming her ex-husband had concealed prior divorce proceedings from another state. The Florida Supreme Court held that res judicata and failure to raise defenses in the original suit barred her challenge, and that he
• Pike v. State
  103 Fla. 594· Fla.· 1931-11-18 ·cited 15×
  J.C. Pike sought a writ of error coram nobis after his murder conviction, claiming the prosecution fraudulently suppressed evidence by detaining a witness (Rogers) who would have testified favorably to Pike's defense. The Florida Supreme Court affirmed the denial of the writ, hol
• The Florida BAR v. Kelsay Dayon Patterson
  257 So. 3d 56· Fla.· 2018-10-19 ·cited 14×
  The Florida Supreme Court reviewed a disciplinary case against attorney Kelsay Dayon Patterson, who represented a client in litigation against the City of Homestead. The Court found Patterson guilty of violating multiple Bar Rules, including conflict of interest, impugning judici
• Serv. Experts, LLC v. Northside AIR Conditioning & Elec. Serv., Inc.
  56 So. 3d 26· Fla. 2d DCA· 2010-11-17 ·cited 14×
  Service Experts filed a notice of voluntary dismissal of its tortious interference and trade secret misappropriation lawsuit against former employees and their new employer after nearly two years of litigation and after summary judgment motion was filed. The trial court struck th
• Medina v. Fla. E. Coast Ry., L.L.C.
  866 So. 2d 89· Fla. 3d DCA· 2004-01-07 ·cited 14×
  Charles Medina appealed the dismissal of his personal injury lawsuit for discovery violations. The Florida Third District Court of Appeal reversed the dismissal, holding that the trial court abused its discretion by imposing the severe sanction of dismissal without first granting
• Browning v. Navarro
  826 F.2d 335· 5th Cir.· 1987-08-26 ·cited 14×
  The court held that allegations of corrupt abuse of the judicial process, if proven, can serve as a basis to collaterally attack a state court judgment in bankruptcy proceedings.
• Mosher v. Kane
  784 F.2d 1385· 9th Cir.· 1986-03-17 ·cited 14×
  The court held that the plaintiffs' complaint, alleging violations of federal securities laws, was improperly dismissed for failure to state a claim, and that leave to amend should be granted.
• Truitt v. Truitt
  383 So. 2d 276· Fla. 5th DCA· 1980-05-07 ·cited 14×
  The court held that the wife's claim of perjury by the husband in a prior dissolution proceeding, which induced her to dismiss a counterclaim on a promissory note, constituted intrinsic fraud and not fraud on the court, thus barring a subsequent independent action.
• Hawkins v. Thayer Lindsley
  327 F.2d 356· 2d Cir.· 1964-02-05 ·cited 14×
  The court held that the denial of the plaintiff's motions to vacate judgments, substitute parties, and for reargument was proper, and affirmed the lower court's decision.
• State of Fla. ex rel. Cent. & S. Fla. Flood Control Dist. v. The Honorable Robert H. Anderson
  157 So. 2d 140· Fla. 3d DCA· 1963-11-05 ·cited 14×
  A circuit court requires leave from an appellate court before entertaining an independent action to review a judgment that has become that of the appellate court.
• Calvin v. Calvin
  214 F.2d 226· D.C. Cir.· 1954-04-01 ·cited 14×
  The court held that claims previously litigated in a prior suit are barred by res judicata, but claims for expenses and services not raised in the prior suit may proceed, subject to statute of limitations defenses.
• Hartford-Empire Co. v. Hazel-Atlas Glass Co.
  137 F.2d 764· 3d Cir.· 1943-06-30 ·cited 14×
  The court should grant rehearings to allow petitioners to prove fraud perpetrated upon the court, which affected its appellate jurisdiction and led to erroneous decrees.
• Joseph A. and Mary Ann Musa v. Wells Fargo Del. Tr. Co.
  181 So. 3d 1275· Fla. 1st DCA· 2015-12-31 ·cited 13×
  The Musas filed a notice of removal to federal court on February 10, 2015, the day before a foreclosure trial in state court. The state court proceeded with the trial and entered a final judgment on February 12, 2015, before the federal court acted on the removal. The First Distr
• Furst v. Blackman
  744 So. 2d 1222· Fla. 4th DCA· 1999-11-10 ·cited 13×
  Henry Furst appeals the trial court's dismissal of his third amended complaint with prejudice. The court reversed because the trial court violated multiple procedural requirements when dismissing the complaint, including failing to properly verify the motion to strike, lacking ad
• Gordon v. Gordon
  625 So. 2d 59· Fla. 4th DCA· 1993-09-22 ·cited 13×
  A former husband sought relief from a final divorce judgment and property settlement agreement more than one year after entry, alleging his ex-wife extorted his consent by threatening to report his unfiled tax returns to the IRS. The court reversed the dismissal, holding that ext
• State v. Crews
  477 So. 2d 984· Fla.· 1985-09-27 ·cited 13×
  The Florida Supreme Court denied the State's application for a writ of prohibition and motion to vacate a stay of execution, affirming the trial court's grant of an evidentiary hearing on Stephen Todd Booker's claim of ineffective assistance of trial counsel in a post-conviction
• Fallon Rahima Jallali v. Christiana Tr.
  200 So. 3d 149· Fla. 4th DCA· 2016-06-08 ·cited 12×
  The Fourth District Court of Appeal reversed a foreclosure judgment against Jallali, finding that Christiana Trust lacked standing to foreclose because the original lender, Countrywide, did not possess the promissory note or have a valid assignment of the mortgage at the time the
• Robinson v. Weiland
  988 So. 2d 1110· Fla. 5th DCA· 2008-07-11 ·cited 12×
  Robinson appealed a trial court's decision on remand that failed to grant a new trial despite clear evidence of fraud by Weiland in concealing a critical witness's identity throughout discovery and trial. The appellate court reversed, holding that the trial court exceeded its man
• Wachovia Bank v. Tien
  534 F. Supp. 2d 1267· S.D. Fla.· 2007-08-06 ·cited 12×
  The court held that genuine issues of material fact precluded summary judgment, requiring a trial to determine ownership of the disputed bank accounts.
• Qantum Commc'ns Corp. v. Star Broad., Inc.
  473 F. Supp. 2d 1249· S.D. Fla.· 2007-02-09 ·cited 12×
  The court held that the defendants materially breached the agreement by negotiating with a competitor, rendering their termination invalid and entitling the plaintiff to specific performance, injunctive relief, and declaratory judgment.
• Austin v. Liquid Distribs., Inc.
  928 So. 2d 521· Fla. 3d DCA· 2006-05-17 ·cited 12×
  Affirmed dismissal of personal injury action where plaintiff made material misrepresentations about her medical history in discovery, forfeiting her right to proceed due to fraud on the court.
• Cherubino v. Fenstersheib & FOX, P.A.
  925 So. 2d 1066· Fla. 4th DCA· 2006-03-08 ·cited 12×
  The Cherubinos sued their former attorneys, Fenstersheib and Fox, for legal malpractice arising from the firm's failure to comply with discovery orders that resulted in dismissal of their underlying automobile accident claim. The trial court dismissed the malpractice action with
• Piunno v. R.F. Concrete Constr., Inc.
  904 So. 2d 658· Fla. 4th DCA· 2005-06-29 ·cited 12×
  The court affirmed a trial court's dismissal with prejudice of a negligence complaint based on fraud on the court, where the plaintiff made multiple misrepresentations about his prior injuries and litigation history. The appellate court held that the trial court properly exercise
• Estate v. Noreen Djokic and Jeannette Teufel
  858 So. 2d 371· Fla. 4th DCA· 2003-11-05 ·cited 12×
  Bob Montgomery Real Estate, a real estate broker, appealed the trial court's dismissal of two counts of a tortious interference complaint as a sanction for submitting allegedly forged and altered listing agreement documents. The court reversed, holding that the equivocal evidence
• Rydell v. Gorham Rutter, Jr.
  834 So. 2d 883· Fla. 5th DCA· 2002-12-06 ·cited 12×
  Certiorari review of a pre-trial order awarding attorney's fees and costs is inappropriate at this stage because the plaintiffs have not demonstrated irreparable harm.
• Hetherington v. Donner
  786 So. 2d 9· Fla. 3d DCA· 2001-04-04 ·cited 12×
  In this long-pending false imprisonment case, the trial court struck defendants' pleadings and entered default judgment as to liability based on claimed discovery violations. The appellate court reversed, holding that the defendants' failure to produce certain evidence was due to