Fraud On The Court

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

• Babe Elias Builders, Inc. v. Pernick
  765 So. 2d 119· Fla. 3d DCA· 2000-06-14 ·cited 12×
  The appellate court affirmed a trial court's decision to strike a defendant's pleadings and enter a default judgment against them. This severe sanction was imposed due to the defendant's extensive fraud on the court during discovery, including fabricating evidence and suborning p
• H.J. Inc. v. Nw. Bell Tel. Co.
  954 F.2d 485· 8th Cir.· 1992-01-15 ·cited 12×
  The filed rate doctrine bars RICO claims seeking damages measured by the difference between approved rates and rates that might have been approved absent wrongdoing, as such claims interfere with agency rate-making authority.
• Guerriero v. Schaub
  579 So. 2d 370· Fla. 4th DCA· 1991-05-15 ·cited 12×
  A former wife sought to set aside a four-year-old divorce judgment incorporating a property settlement agreement, alleging fraud by her former husband regarding the distribution of business assets. The court held that the alleged fraud was intrinsic rather than extrinsic, and the
• Gomez v. Chody
  867 F.2d 395· 7th Cir.· 1989-01-31 ·cited 12×
  The denial of the plaintiffs' Rule 60(b)(2) motion for a new trial based on newly discovered evidence was an abuse of discretion.
• Cleveland Demolition Co., Inc. v. Azcon Scrap Corp.
  827 F.2d 984· 4th Cir.· 1987-09-04 ·cited 12×
  An evidentiary conflict between a witness's trial testimony and statements from a third party, without more, does not constitute fraud on the court sufficient to set aside a jury verdict. Rule 11 sanctions were properly imposed for filing such a claim without reasonable inquiry.
• Averbach v. Rival Mfg. Co.
  809 F.2d 1016· 3d Cir.· 1987-01-20 ·cited 12×
  The court held that a plaintiff's complaint alleging common law fraud in discovery responses, filed as an independent action, should not have been dismissed at the pleading stage, and that the one-year time limit for Rule 60(b)(3) motions does not apply to such independent action
• In re Whitney-Forbes, Inc.
  770 F.2d 692· 7th Cir.· 1985-08-16 ·cited 12×
  The court affirmed the district court's decision, holding that the trustee's claims to set aside the 1973 patent sale were either untimely or unsupported by evidence.
• Daugharty v. Faye Eubanks Daugharty
  456 So. 2d 1271· Fla. 1st DCA· 1984-09-26 ·cited 12×
  In this appeal from a partial summary judgment vacating a divorce decree's property settlement, the court reversed, holding that the wife failed to plead or prove extrinsic fraud upon the court. The court clarified that a false financial affidavit constitutes only intrinsic fraud
• Pamela M. Lewis & the Fla. Dep't of Health & Rehabilitative Servs. v. Sammuel Mack
  411 So. 2d 933· Fla. 2d DCA· 1982-03-19 ·cited 12×
• Eugene G. & Lorraine B. Feistman v. Commissioner OF Internal Revenue
  587 F.2d 941· 9th Cir.· 1978-12-13 ·cited 12×
  The court held that a premature notice of appeal from the Tax Court will not be given effect if the appellant was notified of the filing deadline and failed to file a timely notice.
• Ashland OIL, Inc. v. Rod Pickard
  289 So. 2d 781· Fla. 3d DCA· 1974-02-12 ·cited 12×
  Ashland Oil and Cobia Boats sought relief from a nearly two-million-dollar judgment affirmed on appeal, claiming newly discovered evidence of fraud by opposing counsel. The court denied the motion, finding appellants failed to demonstrate fraud materially affected the judgment.
• Stella v. Craine
  281 So. 2d 584· Fla. 4th DCA· 1973-07-31 ·cited 12×
  In this negligence action, the jury awarded the plaintiff $13,500 against all defendants including the liability insurer. The trial court entered an amended final judgment reducing the insurer's liability to its policy limits of $10,000. The plaintiff appealed, claiming the amend
• The Bd. OF Pub. Instruction OF Dade Cnty. v. Dinkines
  278 So. 2d 663· Fla. 3d DCA· 1973-06-12 ·cited 12×
  This case concerns whether a party can seek relief from a final judgment based on fraud upon the court outside the one-year time limit specified in Rule 1.540(b) of the Florida Rules of Civil Procedure. The appellate court held that while the rule's one-year limit applies to frau
• Forrest L. Carney v. The United States
  462 F.2d 1142· Ct. Cl.· 1972-07-14 ·cited 12×
  The court held that it lacked jurisdiction to entertain an independent action to set aside a judgment of another court, even if the ultimate goal was a monetary judgment within its cognizance.
• Wilkin v. Sunbeam Corp.
  405 F.2d 165· 10th Cir.· 1968-12-31 ·cited 12×
  A preliminary petition requesting permission to file a motion for a new trial under Rule 60(b) with the appellate court is unnecessary.
• Staples v. Battisti
  191 So. 2d 583· Fla. 3d DCA· 1966-06-07 ·cited 12×
  Douglas Staples appealed the dismissal of his complaint seeking equitable relief, including a constructive trust, based on allegations that his attorney Battisti committed fraud and breached a confidential relationship by failing to inform him that a will executed by his ex-wife
• In re Joslyn's Estate. Fisher v. Young
  168 F.2d 803· 7th Cir.· 1948-06-04 ·cited 12×
  The Bankruptcy Court lacked summary jurisdiction to enter orders against an attorney who claimed an equitable lien on funds not in the court's possession, especially when the attorney timely objected to summary jurisdiction.
• Twentieth Century-Fox Film Corp. v. Dieckhaus
  153 F.2d 893· 8th Cir.· 1946-02-25 ·cited 12×
  The dissenting judge would reverse and remand for a trial on the issue of potential fraud regarding an altered exhibit.
• Wenwei SUN v. Aviles
  53 So. 3d 1075· Fla. 5th DCA· 2010-12-17 ·cited 11×
  Trial courts have inherent authority to dismiss a case as a sanction for fraud on the court, and this authority was not abused in this instance.
• Prestige Valet, Inc. v. Louis J. "Duke" Mendel, III
  14 So. 3d 282· Fla. 2d DCA· 2009-08-05 ·cited 11×
  The court held that the trial court erred in conditioning the setting aside of one settlement agreement on the setting aside of a separate agreement, as each contract was distinct.
• Brooks v. AMP Servs. Ltd. for the Walter & Anna Bronner Tr.
  979 So. 2d 435· Fla. 4th DCA· 2008-04-23 ·cited 11×
  A Florida appellate court granted a petition for writ of certiorari, vacating a trial court's order that retroactively revoked a New York attorney's pro hac vice admission based on a technical deficiency in his good standing status at the time of application. The court held that
• Miller v. Nelms
  966 So. 2d 437· Fla. 2d DCA· 2007-09-19 ·cited 11×
  Miller sued the Nelmses for payment for work converting a bus into a mobile video entertainment vehicle. The circuit court dismissed his second amended complaint with prejudice, finding it frivolous, vindictive, and without merit. The appellate court reversed, holding that the co
• Bernal v. All Am. Inv. Realty, Inc.
  479 F. Supp. 2d 1291· S.D. Fla.· 2007-03-23 ·cited 11×
  The court affirmed the magistrate judge's findings of fact and legal conclusions regarding sanctions but modified the recommended remedies, denying a default judgment on liability while imposing monetary sanctions and jury instructions regarding established facts and spoliation o
• Robinson v. Weiland
  936 So. 2d 777· Fla. 5th DCA· 2006-09-01 ·cited 11×
  Robinson appealed a judgment awarding annuity proceeds to Weiland and Cetrano, claiming the change of beneficiary forms were invalid due to lack of execution or undue influence. The court affirmed on the manifest weight of evidence issue but reversed and remanded because the tria
• Laschke v. R.J. Reynolds Tobacco Co.
  872 So. 2d 344· Fla. 2d DCA· 2004-04-16 ·cited 11×
  Although a trial court found that Mrs. Laschke's request to alter medical records and her false denial under oath constituted fraud on the court, dismissal with prejudice was an abuse of discretion because the evidence did not clearly and convincingly demonstrate that her unsucce
• Allied Roofing Indus., Inc. v. Denilo Venegas
  862 So. 2d 6· Fla. 3d DCA· 2003-07-16 ·cited 11×
  Allied Roofing Industries, a dissolved corporation, filed a lien foreclosure action against the Venegases. After the trial court initially denied the Venegases' motion to dismiss, the court later vacated that order and dismissed the action with prejudice, citing Allied's dissolve
• Simmons v. Cal Henderson
  745 So. 2d 1031· Fla. 2d DCA· 1999-10-20 ·cited 11×
  Margaret Simmons appealed the trial court's dismissal of her personal injury suit arising from a motor vehicle accident involving a sheriff's deputy. The District Court of Appeal reversed, holding that while the defendant established certain misstatements in her deposition, the e
• BAY Fin. Sav. Bank v. Hook
  648 So. 2d 305· Fla. 2d DCA· 1995-01-06 ·cited 11×
  The court held that the trial court abused its discretion in denying the Bank's motion for attorney's fees under section 57.105, Florida Statutes, because Hook's complaint failed to raise a justiciable issue.
• Kirby v. Adkins
  582 So. 2d 1209· Fla. 5th DCA· 1991-06-20 ·cited 11×
  In this negligence action arising from an automobile accident, plaintiffs Kirby and Cushman falsely alleged they were married, with Kirby claiming loss of consortium. After discovery revealed they were never married, the trial court struck the complaint as a sham and awarded atto
• BEN v. State
  440 So. 2d 501· Fla. 2d DCA· 1983-11-09 ·cited 11×
  A court must permit a defendant to withdraw a nolo contendere plea if it determines not to follow the plea bargain, even if the defendant engaged in fraud.
• Southerland v. Irons
  628 F.2d 978· 6th Cir.· 1980-08-29 ·cited 11×
  The court held that an attorney who misrepresented his intent to satisfy a Medicaid lien from settlement proceeds committed fraud on the court, and the lower court did not err in reallocating settlement funds and reducing the attorney's fee.
• McCORMICK v. McCORMICK
  181 So. 2d 220· Fla. 2d DCA· 1965-12-08 ·cited 11×
  A wife appeals a final decree of divorce based on a stipulation and agreement that divided marital property and set alimony. The appellate court reversed the decree, finding the wife signed the stipulation based on the husband's fraudulent misrepresentation of his income and fina
• Seven-Up Bottling Co. OF Miami, Inc. v. George Constr. Corp.
  166 So. 2d 155· Fla. 3d DCA· 1964-07-07 ·cited 11×
  The court held that the summary final decree must be reversed because it was entered without the required ten-day notice for the summary judgment hearing and the attorney's fee was awarded without proper notice and testimony. The court also held that the denial of the motion to j
• Morehead v. Yongue
  134 Fla. 135· Fla.· 1938-09-27 ·cited 11×
  This case concerns whether a property qualifies as a homestead exempt from forced sale when the owner supported his parents but did not live with them before his marriage. The court found the property did not acquire homestead status until after judgments against the owner attach
• Willie-Koonce v. Miami Sunshine Transfer & Tours Corp.
  233 So. 3d 1271· Fla. 3d DCA· 2017-12-20 ·cited 10×
  Rebecca Willie-Koonce appealed the dismissal of her personal injury lawsuit against Miami Sunshine Transfer & Tours Corporation for fraud on the court. The trial court dismissed her case after surveillance video contradicted her sworn testimony about her post-injury mobility limi
• The Bank OF NEW York Mellon v. Mestre
  159 So. 3d 953· Fla. 5th DCA· 2015-03-13 ·cited 10×
  Bank of New York Mellon appealed a trial court order awarding over $20,000 in attorney's fees to the Mestres, who successfully challenged a mortgage foreclosure by proving their signatures were forged. The appellate court reversed the attorney's fees award, finding no contractual
• Smith v. State
  156 So. 3d 1119· Fla. 1st DCA· 2015-02-17 ·cited 10×
  Two capital murder defendants challenged the trial court's denial of their public defender's motion to withdraw based on a conflict of interest. The appellate court quashed the trial court's orders, holding that when a public defender certifies a conflict exists but cannot disclo
• Pino v. The Bank OF NEW York Mellon
  57 So. 3d 950· Fla. 4th DCA· 2011-03-30 ·cited 10×
  In a mortgage foreclosure action, the Florida Fourth District Court of Appeal affirmed the trial court's denial of defendant Pino's motion to vacate a voluntary dismissal filed by BNY Mellon. The court held that a defendant cannot use Rule 1.540(b) or common law exceptions to str
• Shniderman v. Fitness Innovations & Techs., Inc.
  994 So. 2d 508· Fla. 4th DCA· 2008-11-19 ·cited 10×
  Attorney Neal Shniderman appeals a judgment requiring him to pay a portion of sanctions imposed for bad faith litigation conduct. The court affirmed the award compensating the opposing party (Grillo defendants) for fees incurred due to Shniderman's misconduct, but reversed the po
• Zakrzewski v. McDONOUGH
  490 F.3d 1264· 11th Cir.· 2007-07-03 ·cited 10×
  Edward Zakrzewski, a death row inmate, sought post-judgment relief under Federal Rule of Civil Procedure 60(b) alleging that his federal habeas counsel, John Nall, committed fraud on the court by misrepresenting his qualifications and relationship with Zakrzewski to obtain appoin
• Pianeta Miami, Inc. v. Lieberman
  949 So. 2d 215· Fla. 3d DCA· 2006-11-15 ·cited 10×
  Pianeta Miami appeals from a trial court order denying its motion to release funds held in escrow that exceeded the final judgment amount plus prejudgment interest. The court holds that the order improperly restrains Pianeta's unrestricted assets and constitutes an unjustified in
• Florida Evergreen Foliage v. E.I. Du Pont De Nemours
  165 F. Supp. 2d 1345· S.D. Fla.· 2001-08-24 ·cited 10×
  The court held that Plaintiffs failed to adequately allege justifiable reliance for mail and wire fraud claims and proximate cause for obstruction of justice and witness intimidation claims, thus dismissing the RICO claims. The court also denied the motion to amend.
• Florida Evergreen Foliage v. EI Du Pont De Nemours & Co.
  135 F. Supp. 2d 1271· S.D. Fla.· 2001-03-08 ·cited 10×
  The court held that Florida's absolute immunity for litigation conduct bars state law damage claims based on such conduct, and that Florida law applies to the tort claims.
• Cerniglia v. Cerniglia
  655 So. 2d 172· Fla. 3d DCA· 1995-05-17 ·cited 10×
  In this consolidated dissolution of marriage and civil case, the wife appealed the trial court's entry of summary judgment on all five counts of her civil complaint and the denial of her motion for relief under the amended rule 1.540(b). The appellate court affirmed, holding that
• State v. DAY
  615 So. 2d 176· Fla. 2d DCA· 1993-02-24 ·cited 10×
  The court held that a prior paternity adjudication is res judicata and cannot be set aside absent fraud upon the court, and the allegations presented were insufficient to establish such fraud.
• S. Trenching, Inc. v. Diago
  600 So. 2d 1166· Fla. 3d DCA· 1992-05-19 ·cited 10×
  Southern Trenching appeals a $1,087,000 personal injury judgment. The court reverses and remands for a new trial on all issues due to erroneous exclusion of relevant testimony on liability and the plaintiff's deliberate concealment of a concurrent automobile accident involving th
• Karlis Guntis Fritsevich v. In re Est. OF Lydia Voss
  590 So. 2d 1057· Fla. 3d DCA· 1991-12-17 ·cited 10×
  The court held that an allegation of fraud upon the court can overcome the one-year limitation for relief from judgment under Rule 1.540(b) and statutory limitations for reopening closed estates.
• Arrieta-Gimenez v. Arrieta-Negron
  859 F.2d 1033· 1st Cir.· 1988-10-18 ·cited 10×
  The court held that the discoverability of fraud is a material fact issue for summary judgment and that the constitutionality of Florida's statute of repose as applied to fraud is an unsettled question of Florida law.
• RAY A. Scharer & Co., Inc. v. Plabell Rubber Prods., Inc.
  858 F.2d 317· 6th Cir.· 1988-09-27 ·cited 10×
  The court held that the district court erred in imposing sanctions and attorney's fees without a definitive finding of bad faith or conduct tantamount to bad faith, and without affording adequate notice and opportunity to be heard.
• KEM Mfg. Corp. v. Wilder
  817 F.2d 1517· 11th Cir.· 1987-06-01 ·cited 10×
  A nonparty lacks standing to bring a Rule 60(b) motion alleging fraud on the court unless their legal rights are directly affected by the final judgment.