Fraud On The Court

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

• Rocka Fuerta Constr. Inc. v. Southwick, Inc.
  103 So. 3d 1022· Fla. 5th DCA· 2012-12-28 ·cited 7×
  Rocka Fuerta Construction appeals the trial court's dismissal of its breach of contract complaint as a sanction for alleged fraud on the court. The court reversed the dismissal, holding that Rocka's failure to reference a settlement agreement in its complaint did not constitute t
• Hall v. Sunjoy Indus. Grp., Inc.
  764 F. Supp. 2d 1297· M.D. Fla.· 2011-02-18 ·cited 7×
  Summary judgment for defendants is granted because plaintiffs failed to present evidence of a defect, malfunction, or causation, and the chair was not in the defendant's exclusive control. Plaintiffs' motions for a presumption of negligence and dismissal without prejudice are den
• Garcia v. Morrow
  954 So. 2d 656· Fla. 3d DCA· 2007-04-04 ·cited 7×
  Jonathan Garcia, grandson of a deceased estate, appeals his rejection as personal representative in favor of his mother Stephanie Morrow. The trial court struck his father's disclaimer and appointed Stephanie without a hearing, concluding Jonathan committed fraud. The appellate c
• Taylor v. Serafina A. Martell
  893 So. 2d 645· Fla. 4th DCA· 2005-02-16 ·cited 7×
  The court held that the trial court did not abuse its discretion in dismissing the complaint with prejudice because the plaintiff perpetrated a fraud on the court.
• Woodruff v. Heiser
  150 F.2d 869· 10th Cir.· 1945-08-11 ·cited 7×
  The court held that the bankruptcy court must make findings of fact and conclusions of law before allowing a claim, especially when fraud is alleged and not previously adjudicated.
• Dexx Med. Indus. v. Fitesa Naotecidos S.A.
  346 So. 3d 1215· Fla. 3d DCA· 2022-05-11 ·cited 6×
  This case involves an appeal of two non-final orders concerning alleged fraud on the court. The appellate court dismissed the appeals, finding that the orders did not determine personal jurisdiction as required by the rule governing appeals of non-final orders.
• Schneiderman v. Baer
  334 So. 3d 326· Fla. 4th DCA· 2022-02-09 ·cited 6×
  This case involves a dispute between descendants of a divorced couple over allegations of fraud in the original divorce settlement. The appellate court reversed a dismissal for the estate's representative, finding the trial court improperly considered evidence outside the complai
• Wallace v. Keldie
  249 So. 3d 747· Fla. 1st DCA· 2018-06-13 ·cited 6×
  A trial court has inherent authority to dismiss an action with prejudice based on fraud on the court when clear and convincing evidence demonstrates that a party has provided false testimony concerning matters directly bearing on the central issues of the case. Fraud on the court
• Icmfg & Assocs., Inc. v. The Bare Bd. Grp., Inc.
  238 So. 3d 326· Fla. 2d DCA· 2017-03-17 ·cited 6×
  ICMfg and Associates appealed a judgment awarding damages to The Bare Board Group for breach of fiduciary duty and tortious interference. The court upheld sanctions striking appellants' pleadings for fraud on the court but reversed lost profits damages, holding that a default on
• Diaz v. Home Depot USA, Inc.
  196 So. 3d 504· Fla. 3d DCA· 2016-07-13 ·cited 6×
  The appellate court affirmed the trial court's dismissal of the complaint with prejudice, finding no abuse of discretion in dismissing the action for fraud on the court.
• Bronstein v. Tal Bronstein
  167 So. 3d 462· Fla. 3d DCA· 2015-05-20 ·cited 6×
  A Florida appellate court granted a petition for writ of certiorari and quashed a trial court's order that temporarily modified a parenting plan based on unverified allegations of fraud, holding that the trial court departed from essential requirements of law by modifying custody
• THE Florida BAR v. Zana Holley Dupee
  160 So. 3d 838· Fla.· 2015-03-26 ·cited 6×
  The Florida Supreme Court affirmed a referee's findings that attorney Zana Holley Dupee engaged in professional misconduct by knowingly submitting a false financial affidavit, providing incomplete discovery responses, failing to correct false deposition testimony, and improperly
• SKY Dev., Inc. v. Vistaview Dev., Inc.
  41 So. 3d 918· Fla. 3d DCA· 2010-07-07 ·cited 6×
  Sky Development appeals the dismissal with prejudice of its complaint and award of attorney's fees based on witness tampering and fraud on the court. The court affirmed the dismissal, finding that Sky's attempts to influence testimony through notes and text messages during deposi
• Hair v. Morton
  36 So. 3d 766· Fla. 3d DCA· 2010-05-12 ·cited 6×
  Ruby Hair appeals the dismissal of her personal injury suit for alleged fraud upon the court based on inconsistencies in her discovery responses regarding pre-accident medical conditions. The court reversed, holding that dismissal is an extreme sanction requiring clear and convin
• Elvis Hernandez v. City OF Miami & Fla. Dep't of Transp.
  35 So. 3d 942· Fla. 3d DCA· 2010-04-14 ·cited 6×
  Elvis Hernandez appealed the dismissal of his personal injury lawsuit against the City of Miami and Florida Department of Transportation for injuries from falling into a defective storm drain. The trial court had dismissed the case after striking his pleadings as sham based on al
• THE Florida BAR v. Dove
  985 So. 2d 1001· Fla.· 2008-06-12 ·cited 6×
  The Florida Bar disciplined attorney Joyce Sibson Dove for serious professional misconduct in an adoption case involving material misrepresentations to courts, failure to disclose material facts in ex parte proceedings, and violation of competence and candor rules. The Florida Su
• Ibarra v. Izaguirre
  985 So. 2d 1117· Fla. 3d DCA· 2008-05-21 ·cited 6×
  Francisco Ibarra appealed a trial court's dismissal of his personal injury lawsuit with prejudice based on alleged perjury and fraud upon the court. The Third District Court of Appeal reversed, finding that dismissal with prejudice was an unreasonably harsh sanction where the evi
• Johnson v. Frank Swerdzewski, D.D.S.
  935 So. 2d 57· Fla. 1st DCA· 2006-07-31 ·cited 6×
  In a dental malpractice case, the trial court entered judgment notwithstanding verdict (JNOV) against the plaintiff based on alleged fraudulent discovery answers and trial testimony. The First District Court of Appeal reversed, holding that a JNOV requires a more exacting standar
• Rios v. Moore
  902 So. 2d 181· Fla. 3d DCA· 2005-02-16 ·cited 6×
  The court held that the plaintiff's actions did not rise to the level of fraud on the court, and thus the trial court abused its discretion in dismissing the case.
• Huffman v. Delacruz
  719 So. 2d 385· Fla. 4th DCA· 1998-10-28 ·cited 6×
  The Fourth District Court of Appeal affirmed the trial court's vacation of a settlement order, holding that an attorney's unauthorized settlement of a lawsuit and forged endorsement of the settlement check on behalf of the client constituted extrinsic fraud on the court, which pe
• Ronald Winston and former Co-Guardian of the Estate of Edna Vivian Winston v. Winston
  684 So. 2d 315· Fla. 4th DCA· 1996-12-18 ·cited 6×
  Ronald Winston appeals a trial court's vacation of a 1983 guardianship order approving transfer of his mother's liquid assets to a marital trust, where Bruce Winston claimed extrinsic fraud. The appellate court reversed, holding that the conduct complained of constitutes intrinsi
• Mitchell v. Boyd Hobbs
  951 F.2d 417· 1st Cir.· 1991-12-04 ·cited 6×
  The court held that the district court did not abuse its discretion in denying the postjudgment motion to vacate the consent judgment because the appellant failed to demonstrate extraordinary circumstances justifying a delayed appeal and waived the defense of insufficient service
• THE Florida BAR v. Fischer
  549 So. 2d 1368· Fla.· 1989-08-31 ·cited 6×
  The Court found that the respondent attorney's actions in perpetrating a fraud on the court warranted greater discipline than recommended by the referee, imposing a longer suspension and costs.
• Steele v. Chapnick
  552 So. 2d 209· Fla. 4th DCA· 1989-08-16 ·cited 6×
  Dismissal with prejudice is not a proper sanction for discovery noncompliance absent a finding of willful, contumacious disregard of the court's order, and where substantial compliance has been shown, lesser sanctions such as preclusion of evidence, adverse findings, or fees are
• Maryanne Sieck v. Russo
  869 F.2d 131· 2d Cir.· 1989-02-23 ·cited 6×
  The court held that the district court did not abuse its discretion in entering default judgments against defendants for repeated failure to comply with discovery orders, nor in denying their motion to set aside those judgments.
• Driscoll v. State
  538 So. 2d 1283· Fla. 1st DCA· 1989-02-01 ·cited 6×
  Driscoll appeals the trial court's order reinstating his community control sentence after it had been discharged based on fraudulent medical documents submitted by his mother. The appellate court reversed, holding that the court lacked jurisdiction to reinstate the discharge beca
• Hitt v. Hitt
  535 So. 2d 631· Fla. 4th DCA· 1988-12-14 ·cited 6×
  In this family law case, the Fourth District Court of Appeal reversed a trial court's dismissal of a wife's motion to vacate a final divorce judgment, finding that the husband fraudulently induced her into an uncontested dissolution by promising to divide all marital assets and p
• Weisman v. Charles E. Smith Mgmt., Inc.
  829 F.2d 511· 4th Cir.· 1987-09-21 ·cited 6×
  The court affirmed the district court's judgments, holding that the district court is the proper initial forum to address allegations of fraud or misconduct in discovery, and that the plaintiff's additional grounds for appeal did not independently justify reversal.
• Synanon Church v. United States
  820 F.2d 421· D.C. Cir.· 1987-06-05 ·cited 6×
  The court held that a prior finding of willful destruction of evidence, essential to a fraud-on-the-court determination affirmed on appeal, has preclusive effect in a subsequent tax-exempt status action.
• Dawkins v. Dawkins
  494 So. 2d 282· Fla. 2d DCA· 1986-09-17 ·cited 6×
  The court held that while the wife's fraud justified vacating the alimony award, it did not warrant vacating all property provisions of the final judgment.
• Flood v. Commissioner OF Internal Revenue
  468 F.2d 904· 9th Cir.· 1972-10-20 ·cited 6×
  The Tax Court did not abuse its discretion in denying petitioners' motion for special leave to file a motion to vacate final decisions.
• In re Est. of Seymour J. Kant v. Kant
  265 So. 2d 524· Fla. 3d DCA· 1972-08-08 ·cited 6×
  In a probate estate dispute, the Florida District Court of Appeal held that the decedent's minor children have standing to challenge the validity of a Mexican divorce decree allegedly obtained by the decedent's second wife, even though they are strangers to that divorce, when the
• Stickler v. Commissioner OF Internal Revenue
  464 F.2d 368· 3d Cir.· 1972-07-14 ·cited 6×
  The court held that the tax court did not abuse its discretion in denying the appellants' motion to withdraw a stipulation and revise a decision, as the appellants failed to demonstrate fraud on the court.
• Merrill-Stevens DRY Dock Co. v. M/V "Laissez Faire
  421 F.2d 430· 5th Cir.· 1970-01-21 ·cited 6×
  The court held that the purchaser of a vessel at a foreclosure sale committed fraud by failing to disclose his prior agreement to protect a third party's interest in equipment installed on the vessel, and that the sale should be modified to exclude that equipment.
• Chas. Pfizer & Co., Inc. v. Davis-Edwards Pharmacal Corp.
  385 F.2d 533· 2d Cir.· 1967-11-20 ·cited 6×
  The court held that the district court did not err in refusing to vacate the consent judgment or in finding the appellant in contempt, as no fraud on the court occurred and the judgment remained equitable.
• Int'l Advertising, Inc. v. Cong. Enters., Inc.
  187 So. 2d 364· Fla. 3d DCA· 1966-06-07 ·cited 6×
  International Advertising appeals from a bench trial judgment where it prevailed against one defendant but lost against another, and from denial of a motion to set aside the judgment based on fraud. The court affirmed both rulings, holding that the plaintiff failed to prove a gua
• Ennis M. Nichols v. Alker
  231 F.2d 68· 2d Cir.· 1956-02-14 ·cited 6×
  The court held that a tort action for damages is not barred by a prior judgment if the alleged wrongful conduct causing that judgment was fraudulent and did not diminish the assets of the reorganized company or penalize other plan participants.
• Smith v. Hayward
  193 F.2d 198· C.C.P.A.· 1951-12-18 ·cited 6×
  The court held that the petitioner failed to establish fraud or misrepresentation by the appellee, and therefore denied the petition for a bill of review.
• Application of Josserand
  188 F.2d 486· C.C.P.A.· 1951-04-10 ·cited 6×
  The court held that the Patent Office was bound by prior judgments of the court under the doctrine of res judicata, and the Commissioner improperly attempted to reopen issues already decided.
• Raymond v. Wickersham
  129 F.2d 522· C.C.P.A.· 1942-06-15 ·cited 6×
  An appellate court, after its judgment has become final and the mandate issued, lacks the jurisdiction or power to recall its mandate or reverse or modify its judgment unless the action is based upon a fraud perpetrated in and upon the appellate court itself.
• Rivera Chiropractic, Inc. v. Rosello
  336 So. 3d 409· Fla. 2d DCA· 2022-03-30 ·cited 5×
  The appellate court reversed a trial court's award of attorney's fees and costs as sanctions. The court found that the sanctions were improperly granted because the motions for sanctions were either not properly served according to the statutory "safe harbor" period or were filed
• Porter v. Chronister
  295 So. 3d 310· Fla. 2d DCA· 2020-04-08 ·cited 5×
  A trial court loses jurisdiction to enter an amended final order once a final judgment has been rendered and the time for filing a motion for rehearing has expired without such a motion being timely filed. The amended order entered without jurisdiction is a nullity and must be va
• Beseler v. Avatar Prop. & Cas. Ins. Co.
  291 So. 3d 137· Fla. 4th DCA· 2020-03-04 ·cited 5×
  A trial court abuses its discretion by dismissing a claim for fraud upon the court when the party moving to dismiss fails to establish by clear and convincing evidence that the opposing party knowingly entered into a scheme to defraud the court. Mere inconsistencies in testimony
• U.S. Bank Nat'l Ass'n v. Rivera
  193 So. 3d 954· Fla. 3d DCA· 2016-04-27 ·cited 5×
  U.S. Bank petitioned for a writ of prohibition to prevent the trial court from entering further orders in a dismissed foreclosure action. The court held that once a voluntary dismissal is filed, the trial court loses jurisdiction to entertain further motions, including discovery
• E.I. Dupont de Nemours & Co., Inc. v. Sidran
  140 So. 3d 620· Fla. 3d DCA· 2014-04-23 ·cited 5×
  E.I. DuPont appeals from an order striking its pleadings and entering default judgment for alleged fraud on the court based on claims that its Benlate document depository was a sham designed to obstruct discovery. The appellate court reversed, finding no clear and convincing evid
• Haldeane Smith and Jennifer Smith v. Brinks, Inc.
  133 So. 3d 1176· Fla. 4th DCA· 2014-03-05 ·cited 5×
  The appellate court reversed the trial court's dismissal of a complaint based on alleged fraud upon the court, finding that the trial court failed to provide the required express written findings of fact. The appellee conceded the error, and the court remanded for the trial court
• Tia Gautreaux v. Maya
  112 So. 3d 146· Fla. 5th DCA· 2013-05-10 ·cited 5×
  Tia Gautreaux appealed the dismissal of her personal injury negligence case for fraud on the court after she made inconsistent statements about prior headaches. The Florida District Court of Appeal reversed, holding that her misrepresentations did not meet the narrow, stringent s
• Pena v. Citizens Prop. Ins. Co.
  88 So. 3d 965· Fla. 2d DCA· 2012-04-20 ·cited 5×
  The Penas sued their homeowner's insurer, Citizens Property Insurance Company, for additional payment on sinkhole damage coverage. The trial court dismissed their claim with prejudice after finding they had committed fraud on the court by submitting false affidavits about hiring
• Cutler v. Cutler
  84 So. 3d 1172· Fla. 3d DCA· 2012-04-04 ·cited 5×
  Edward Cutler, a beneficiary in his mother's estate, sought a writ of prohibition to prevent the trial court from holding an evidentiary hearing on his withdrawn petition to admit a codicil to the will. The court granted the writ, finding that once Cutler voluntarily dismissed hi
• Campbell v. State
  9 So. 3d 59· Fla. 1st DCA· 2009-04-03 ·cited 5×
  The trial court erred in considering a post-mandate motion for sanctions after the denial of a prior sanctions motion had become final through affirmance on appeal.