Fraud On The Court

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

• Hatmaker v. Liberty Mut. Fire Ins.
  308 F. Supp. 2d 1308· M.D. Fla.· 2004-02-13 ·cited 5×
  An insurer has no duty to defend or indemnify when the underlying facts, despite being labeled as negligence, clearly establish intentional acts excluded by the policy.
• Dep't OF Revenue o/b/o Frances Blanchard v. Clark
  866 So. 2d 129· Fla. 4th DCA· 2004-02-11 ·cited 5×
  A paternity order is res judicata on the issue of paternity and cannot be relitigated absent a showing of fraud upon the court.
• Dean v. Bentley
  848 So. 2d 487· Fla. 5th DCA· 2003-07-03 ·cited 5×
  The court held that a personal representative's failure to disclose the existence of a subsequent will and an interested person to the court constitutes fraud on the court, justifying the revocation of probate and reopening of the estate.
• Dep't OF Revenue v. Ervin Blocker
  806 So. 2d 607· Fla. 4th DCA· 2002-02-06 ·cited 5×
  The trial court erred in vacating a paternity order without notice to the Department of Revenue, ordering DNA testing, and vacating child support arrearages, as the paternity order was res judicata and arrearages are vested rights.
• Von Nichols v. Klein Tools, Inc.
  949 F.2d 1047· 8th Cir.· 1991-11-27 ·cited 5×
  The court held that the district court did not err in dismissing the products liability action because the plaintiff's repeated lies under oath about a material fact constituted fraud on the court.
• MaDONNA v. United States
  878 F.2d 62· 2d Cir.· 1989-06-20 ·cited 5×
  The court held that the appellant failed to state a claim for fraud on the court and failed to plead fraud with the particularity required by rule.
• Shongut v. Malnik
  173 So. 2d 708· Fla. 3d DCA· 1965-04-06 ·cited 5×
  The court held that the trial court did not abuse its discretion in denying relief under Rule 1.38(b) and that the chancellor did not err in denying motions to dismiss, for summary decree, and to strike.
• Jonida Goga v. Publix Supermarkets, Inc.
  383 So. 3d 490· Fla. 4th DCA· 2024-01-24 ·cited 4×
  A trial court abuses its discretion by dismissing an entire personal injury action for fraud on the court where the plaintiff's fraudulent conduct pertains only to subjective damages (pain and suffering, lost wages) rather than objective damages (medical expenses). Where clear an
• Chess v. Sweeney
  Fla. 3d DCA· 2022-04-27 ·cited 4×
  Stanley D. Chess appeals a trial court order awarding monetary sanctions against him in favor of multiple appellees based on fraud on the court. The Third District Court of Appeal reverses and remands, holding that the appellees failed to establish fraud on the court by clear and
• The Florida Bar v. Kelsay Dayon Patterson
  330 So. 3d 519· Fla.· 2021-12-09 ·cited 4×
  An attorney's misconduct in one case is not excused or mitigated by a prior disciplinary proceeding addressing different conduct in a separate case, even if the misconduct is similar in kind or temporally overlapping. A pattern of serious misconduct—including unfounded allegation
• Chess v. Sweeney
  325 So. 3d 295· Fla. 3d DCA· 2021-08-18 ·cited 4×
  Stanley D. Chess appeals a trial court order dismissing his complaint with prejudice for fraud on the court. The Third District Court of Appeal reversed, finding that the appellee failed to meet the heightened "clear and convincing evidence" standard required to justify dismissal
• Bank of Am. v. Atkin
  271 So. 3d 145· Fla. 3d DCA· 2018-12-14 ·cited 4×
  # Legal Brief: Bank of America v. Atkin The Third District Court of Appeal referred attorney Bruce Jacobs and his law firm to the Florida Bar for violations of Rule 4-8.2(a) of the Rules Regulating the Florida Bar, finding reasonable basis that they recklessly made false stateme
• Nashwa Holt v. Eric v. Holt
  257 So. 3d 1155· Fla. 1st DCA· 2018-10-31 ·cited 4×
  Former wife Nashwa Holt appeals a trial court order that granted former husband Eric Holt relief from a 2010 order vacating their 2010 final judgment of dissolution, which the trial court found was procured through former wife's forgery of his signature. The court held that while
• Leda Obregon v. Rosana Corp.
  232 So. 3d 1100· Fla. 3d DCA· 2017-11-01 ·cited 4×
  In this slip-and-fall case, the trial court dismissed the plaintiff's complaint with prejudice for fraud on the court after discovering the plaintiff had failed to disclose numerous medical providers and made misrepresentations about her medical history and prior injuries. The ap
• Vilma Martinez v. The Bank OF NEW York Mellon
  198 So. 3d 911· Fla. 3d DCA· 2016-07-27 ·cited 4×
  Martinez appeals a foreclosure judgment entered as a sanction when the trial court struck her pleadings and entered default judgment mid-trial, finding her testimony incredible. The appellate court reversed, holding the trial court abused its discretion by imposing the most sever
• Homeowner's Ass'n OF Overlook, Inc. v. Seabrooke Homeowners' Ass'n, Inc.
  62 So. 3d 667· Fla. 2d DCA· 2011-04-29 ·cited 4×
  The court held that the homeowner's association has standing to seek declaratory relief regarding its members' rights and responsibilities for road maintenance under the master declaration and a prior judgment. However, the claims for relief from judgment and invalidity of the pr
• Fatemeh Laussermair v. Laussermair
  55 So. 3d 705· Fla. 4th DCA· 2011-03-02 ·cited 4×
  The court held that a circuit court cannot go beyond the allegations of a petition to dismiss it without evidentiary support, especially when the allegations concern a change in circumstances.
• Generation Invs., LLC v. Al-Jumaa, Inc.
  53 So. 3d 372· Fla. 5th DCA· 2011-01-28 ·cited 4×
  Generation Investments, a tenant on a property subject to restrictive covenants, appeals an injunction granted against the property owner Al-Jumaa that effectively restricts Generation's business operations. The court holds that Generation was an indispensable party to the action
• Laurent Ajuste v. State
  12 So. 3d 305· Fla. 4th DCA· 2009-06-17 ·cited 4×
  The court held that allegations of attorney fraud on the court, if not conclusively refuted by the record, are legally sufficient to state a claim of ineffective assistance of counsel.
• Sauve v. Lamberti
  597 F. Supp. 2d 1312· S.D. Fla.· 2008-12-01 ·cited 4×
  The court held that genuine disputes of material fact preclude summary judgment for both defendants regarding the plaintiff's claim of deliberate indifference to serious medical needs.
• Dep't OF Revenue v. Blocker
  988 So. 2d 1292· Fla. 2d DCA· 2008-09-05 ·cited 4×
  The Department of Revenue challenged an order granting Christopher Blocker's motion for scientific paternity testing in a case where paternity had been established by default judgment five years prior. The court held that the trial court lacked jurisdiction to order scientific te
• Hannelore Kubel v. SAN Marco Floor & Wall, Inc.
  967 So. 2d 1063· Fla. 2d DCA· 2007-11-07 ·cited 4×
  Hannelore Kubel sued San Marco Floor & Wall for negligence injuries from a fall. The circuit court dismissed her complaint, finding fraud on the court based on the defendant's request that Kubel's surgeon revise his medical report. The appellate court reversed, holding that the e
• Miami-Dade Cnty. v. Cribbs
  937 So. 2d 1215· Fla. 3d DCA· 2006-09-20 ·cited 4×
  Miami-Dade County appeals a trial court's order disbursing surplus mortgage foreclosure proceeds to Cribbs without proper notice to the County's attorney of record. The appellate court reverses, holding that service on the County's attorney was required under Florida Rule of Civi
• Andrews v. Palmas de Majorca Condo.
  898 So. 2d 1066· Fla. 5th DCA· 2005-03-18 ·cited 4×
  The Andrewses appealed a judgment foreclosing a condominium lien based on alleged acquiescence to a special assessment after submitting a partial payment. During the appeal, they filed a motion for relief from judgment claiming newly discovered evidence showing the check was mark
• Chaluts v. Nagar
  862 So. 2d 925· Fla. 2d DCA· 2004-01-14 ·cited 4×
  The court held that the trial court had the authority to set aside a stipulated judgment entered as a fraud upon the court, even if the procedure was unusual.
• Michelin Tire Corp. v. Lou Hazel Milbrook
  799 So. 2d 248· Fla. 3d DCA· 2001-08-08 ·cited 4×
  Michelin Tire Corporation appeals a $4.8 million wrongful death judgment and $875,000 attorney's fee award resulting from a tire blowout that killed two van passengers. The court affirms, rejecting Michelin's claim that the trial was unfair due to plaintiff's references to the co
• Fla. Dep't OF Revenue v. Elton Edden
  761 So. 2d 436· Fla. 3d DCA· 2000-05-31 ·cited 4×
  The Florida Department of Revenue appealed an order denying its motion to dismiss Elton Edden's action to set aside a paternity judgment. The court reversed, holding that Edden was barred by estoppel and res judicata from challenging the paternity judgment based on alleged fraud,
• State v. Pough
  723 So. 2d 303· Fla. 2d DCA· 1998-11-06 ·cited 4×
  The Florida Department of Revenue sought to reverse a trial court order requiring DNA blood testing to vacate a 1991 paternity judgment, arguing that paternity judgments become final and cannot be reopened based on intrinsic fraud absent extrinsic fraud. The court granted the pet
• State v. Kunhardt
  711 So. 2d 247· Fla. 3d DCA· 1998-06-03 ·cited 4×
  The Florida Department of Revenue appealed an order permitting DNA testing to challenge paternity in a contempt proceeding for non-payment of child support. The court reversed, holding that a judgment of paternity entered over a year earlier could not be challenged absent fraud,
• Harduvel v. Gen. Dynamics Corp.
  801 F. Supp. 597· M.D. Fla.· 1992-08-15 ·cited 4×
  The court denied the plaintiff's motion for a new trial under Rule 60(b), finding the evidence was not newly discovered, due diligence was lacking, and the claims were cumulative or immaterial.
• Jefferis v. MAY
  603 So. 2d 84· Fla. 5th DCA· 1992-07-31 ·cited 4×
  The court held that a promise to do or not do something in the future is not actionable fraud unless it is shown that the promisor had no intention to perform at the time the promise was made.
• Gus Andy v. Lessem
  595 So. 2d 197· Fla. 3d DCA· 1992-02-25 ·cited 4×
  The Third District Court of Appeal affirmed a probate trial court's rejection of the Estate of Yiannis Baron Antoniadis's defense challenging the validity of an adoption decree. The court held that a circuit court order setting aside an adoption cannot be disregarded by another c
• United States v. Parcel OF Land & Residence AT 18 Oakwood St.
  958 F.2d 1· 1st Cir.· 1992-02-21 ·cited 4×
  The court held that the district court did not err in granting summary judgment for civil forfeiture or in denying the motion for relief from judgment.
• Parker v. Parker
  585 So. 2d 328· Fla. 4th DCA· 1991-07-31 ·cited 4×
  Court affirmed dismissal of motion to set aside divorce judgment filed eight years after entry, holding that fraud claims must be brought within one year under Florida Rule of Civil Procedure 1.540(b) and the alleged fraud did not overcome the policy favoring finality of divorce
• State v. Glover
  564 So. 2d 191· Fla. 5th DCA· 1990-06-28 ·cited 4×
  A trial court has jurisdiction to grant a new trial based on newly discovered evidence of false testimony, even if procedural deadlines for motions have passed, particularly when the fraud is perpetrated against a defendant in a criminal case.
• Heim v. Commissioner OF Internal Revenue
  872 F.2d 245· 8th Cir.· 1989-04-10 ·cited 4×
• Wilford Cooper v. State
  539 So. 2d 508· Fla. 1st DCA· 1989-02-22 ·cited 4×
  Cooper appeals his sentences for sexual battery, solicitation, and aggravated battery that exceeded sentencing guideline recommendations. The trial court departed from guidelines citing calculated commission of offenses, premeditated design involving abuse of legal custody proces
• Gleason v. Jandrucko
  860 F.2d 556· 2d Cir.· 1988-11-01 ·cited 4×
  Newly discovered evidence of witness perjury and nondisclosure during discovery does not constitute "fraud upon the court" sufficient to set aside a final judgment through an independent action under Fed.R.Civ.P. 60(b).
• Fed. Deposit Ins. Corp. v. Alton E. Jones
  846 F.2d 221· 4th Cir.· 1988-05-05 ·cited 4×
  The court held that the district court's failure to set forth findings of fact and conclusions of law for its rulings on preliminary injunctions constituted reversible error, requiring remand.
• Blitch v. W.J. Owens and Aletha Owens his wife
  519 So. 2d 704· Fla. 2d DCA· 1988-02-03 ·cited 4×
  Thomas and Jeritza Blitch appealed a successor judge's final judgment that found W.J. Owens and Aletha Owens entitled to recover on two of eleven promissory notes owed by Gulf Citrus, Inc., with nine notes deemed invalid. The sole issue was whether the successor judge had authori
• Narcisi v. Brusko
  510 So. 2d 1132· Fla. 2d DCA· 1987-08-05 ·cited 4×
  Narcisi appealed a paternity judgment establishing him as the biological father of Todd and awarding $300/week child support. The court reversed, holding that the mother was estopped from denying the prior divorce judgment establishing Brusko as the father because she had accepte
• THE Florida BAR v. Collier
  506 So. 2d 389· Fla.· 1987-03-19 ·cited 4×
  The Court approved the referee's findings of fact and recommendations, suspending the attorney for six months and until proof of rehabilitation is presented.
• In re Application of VMF for Admission to the Florida Bar
  491 So. 2d 1104· Fla.· 1986-07-10 ·cited 4×
  The Florida Supreme Court reversed the Board of Bar Examiners' recommendation to deny VMF's admission to The Florida Bar, holding that while the applicant's failure to fully disclose prior marijuana arrests was improper, the ten-year delay in admission constituted sufficient disc
• M. W. Zack Metal Co. v. Int'l Navigation Corp. OF Monrovia
  675 F.2d 525· 2d Cir.· 1982-04-12 ·cited 4×
  The court held that the plaintiff's fourth cause of action should be reversed and remanded, and the fifth cause of action should be remanded for trial, due to ambiguities in a guarantee and the evolving standard for fraud on the court.
• Byron T. and Helen I. Anderson v. Commissioner OF Internal Revenue
  693 F.2d 844· 9th Cir.· 1979-02-05 ·cited 4×
  The court held that taxpayers' claims of being misled by advisors do not constitute fraud on the court, and absent timely appeals or proof of fraud, Tax Court decisions become final.
• Blackwelder v. Millman
  522 F.2d 766· 4th Cir.· 1975-07-21 ·cited 4×
  The court held that Blackwelder's conspiracy to defraud claim was not time-barred because the cause of action accrued upon the completion of the conspiracy and the resulting damages, which occurred within the five-year limitations period.
• Alfreda Leona Brandt v. Brandt
  217 So. 2d 573· Fla. 1st DCA· 1968-12-05 ·cited 4×
  A valid ex parte foreign divorce decree obtained by a husband does not preclude the wife from litigating her right to alimony in Florida, even if it severs the marital relationship.
• Sunfire Coal Co. & Ashlo Coal Co. v. United Mine Workers OF Am.
  335 F.2d 958· 6th Cir.· 1964-08-20 ·cited 4×
  The court held that the district judges were correct in refusing to set aside jury verdicts on the pleadings presented.
• Anne W. Irving v. Irving
  157 So. 2d 544· Fla. 3d DCA· 1963-11-19 ·cited 4×
  The appellate court affirmed the dismissal of a petition seeking to set aside a divorce decree. The court found that the petition, styled as a 'Petition in the Nature of a Bill of Review,' did not meet the requirements for an independent action to set aside a judgment under Flori
• Kathaleen Mary Horra v. Horra
  118 So. 2d 670· Fla. 3d DCA· 1960-03-14 ·cited 4×
  In this divorce appeal, the trial court vacated a final divorce decree and dismissed the case for lack of prosecution after finding the wife fraudulently misled the husband into believing she had dismissed the suit, while secretly proceeding. The appellate court affirmed, holding