Fraud On The Court

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

• Luciana Vega v. Candido Vega
  110 So. 2d 29· Fla. 3d DCA· 1959-03-31 ·cited 4×
  The husband obtained a divorce decree through fraud by falsely claiming he did not know his wife's whereabouts and testifying they had no children, when in fact he knew her location, she was living with him in Miami, and they had a child together. The appellate court reversed the
• United States v. ONE 1940 Oldsmobile Sedan Auto.
  167 F.2d 404· 7th Cir.· 1948-04-20 ·cited 4×
• 940 Ocean Drive, LLC v. Sobe USA, LLC
  403 So. 3d 1048· Fla. 3d DCA· 2025-01-29 ·cited 3×
  The trial court properly sanctioned the landlord by striking its pleadings for fraud on the court based on clear and convincing evidence that the landlord hired a private investigator to make false noise complaints to Code Enforcement and failed to disclose this scheme during dis
• Marlow v. Newrez, LLC
  49 Fla. L. Weekly D362· Fla. 2d DCA· 2024-10-28 ·cited 3×
  Jennifer Marlow appealed from several orders in a foreclosure action, including an order denying her motion for relief from judgment under Florida Rule of Civil Procedure 1.540(b). The court dismissed the appeal regarding the 1.540(b) motion because it was untimely filed more tha
• Benitez v. Universal Prop. & Cas. Ins. Co.
  Fla. 4th DCA· 2022-10-12 ·cited 3×
  An insured failed to disclose prior property damage on his insurance application and in discovery responses. The insurer denied coverage of a subsequent water damage claim based on material misrepresentations under Florida Statute § 627.409, and the trial court granted summary ju
• Bank of Am., N.A. v. de Morales
  314 So. 3d 528· Fla. 3d DCA· 2020-12-09 ·cited 3×
  A trial court abuses its discretion by denying a motion to stay discovery when the defendant asserts litigation immunity in a pending motion to dismiss, as the immunity is from suit altogether and requiring continued litigation causes irreparable harm.
• Balogh v. Home Depot U.S.A., Inc.
  2016 WL 7446630· M.D. Fla.· 2019-08-27 ·cited 3×
  The court held that the plaintiff committed fraud on the court through material and false testimony and discovery responses regarding his medical history and injuries.
• Stein v. Burton Defren
  247 So. 3d 24· Fla. 4th DCA· 2018-07-05 ·cited 3×
  Jack Stein appeals the trial court's dismissal of his third-party complaint as a sanction for fraud on the court against John Charles and Riverwalk of the Palm Beaches Homeowners Association, Inc. The Fourth District Court of Appeal affirms the trial court's dismissal on five pro
• Leta G. Middleton v. Hager
  179 So. 3d 529· Fla. 3d DCA· 2015-11-25 ·cited 3×
  Leta Middleton appeals the dismissal of her personal injury lawsuit arising from a 2011 motor vehicle accident. The trial court dismissed her complaint with prejudice based on fraud upon the court after finding that Middleton made multiple material false statements in discovery a
• The Fla. Philharmonic Orchestra, Inc. v. Bradford
  145 So. 3d 892· Fla. 4th DCA· 2014-07-23 ·cited 3×
  Florida Philharmonic Orchestra appeals a trial court's order setting aside a settlement agreement and dismissal order based on fraud committed by Bradford's attorney, who settled the case for $280,000 without authorization despite Bradford's authority to settle for up to $900,000
• Preben Olesen v. Gen. Elec. Cap. Corp.
  135 So. 3d 389· Fla. 5th DCA· 2014-02-07 ·cited 3×
  Preben Olesen appeals the dismissal of his fraud and civil conspiracy claims against General Electric Capital Corporation (GECC), arising from allegations that GECC and his former attorneys conspired to prevent him from presenting a viable defense in an underlying guaranty lawsui
• Joses Marshall Laurore v. Miami Auto. Retail, Inc.
  16 So. 3d 862· Fla. 3d DCA· 2009-06-10 ·cited 3×
  The appellate court reversed a trial court's dismissal of a negligence action, finding that while some of the plaintiff's damage claims might be struck due to his fraudulent statements, the entire case should not have been dismissed. The court emphasized that dismissal for fraud
• Saenz v. Patco Transp., Inc.
  969 So. 2d 1145· Fla. 5th DCA· 2007-11-16 ·cited 3×
  Trial court properly dismissed plaintiff's personal injury action with prejudice for fraud on the court based on repeated concealment of material facts during discovery, as the conduct met the standard for dismissal within the trial court's discretion.
• Vieira v. DOE
  813 So. 2d 1030· Fla. 4th DCA· 2002-04-10 ·cited 3×
  The Fourth District Court of Appeal reversed a trial court's dismissal of a personal injury action based on alleged discovery violations. The court held that while the plaintiff's interrogatory answers were incomplete, the dismissal sanction was inappropriate because the omission
• Fitzgerald v. Fitzgerald
  790 So. 2d 1216· Fla. 2d DCA· 2001-08-08 ·cited 3×
  Donald Fitzgerald sought certiorari to quash a trial court order denying his notice of voluntary dismissal in a dissolution proceeding. The court held that a plaintiff's right to voluntary dismissal is absolute absent fraud on the court or unresolved child custody issues, and the
• Gutter v. E.I. Dupont De Nemours
  124 F. Supp. 2d 1291· S.D. Fla.· 2000-09-20 ·cited 3×
  The court affirmed the Special Master's recommendations regarding the crime-fraud exception, finding that DuPont's attorney-client and work product privileges were vitiated by its fraudulent conduct, but set aside the recommendation to unseal the crime/fraud hearing transcript.
• THE Fla. BAR RE Amendments TO Rules Regulating THE Fla. BAR. Amendment TO THE Rules Regulating THE Fla. Bar-Rule 4-1.8(e)
  635 So. 2d 968· Fla.· 1994-04-21 ·cited 3×
  The Florida Supreme Court approved most of The Florida Bar's proposed amendments to rules regulating the Bar and rejected petitions from 50 Bar members and an individual attorney seeking amendments regarding third-party litigation financing and referee discretion. The Court amend
• In re Grievance Comm. OF the United States Dist. Court v. The Fed. Grievance Comm.
  847 F.2d 57· 2d Cir.· 1988-05-23 ·cited 3×
  An attorney's duty to report a fraud on the court under DR 7-102(B)(2) is triggered only by information clearly establishing the fraud, which requires actual knowledge, not mere suspicion.
• Bulloch v. United States
  763 F.2d 1115· 10th Cir.· 1985-05-22 ·cited 3×
  The court held that the trial court erred in setting aside the original judgment for fraud on the court, as the plaintiffs failed to present sufficient evidence of fraud and all relevant information was available to them in the original proceeding.
• Vandervoort v. Vandervoort
  529 F.2d 424· 5th Cir.· 1976-03-25 ·cited 3×
• Simons v. Miami Beach First Nat'l Bank
  157 So. 2d 199· Fla. 3d DCA· 1963-10-29 ·cited 3×
  Lucy Simons appealed a dismissal of her suit seeking to set aside her ex-husband's 1952 Florida divorce decree. As a nonresident who received notice of the divorce suit but chose not to appear, Simons was barred from collaterally attacking the decree years later based on defenses
• In re Harrell
  156 Fla. 327· Fla.· 1945-07-10 ·cited 3×
  The Florida Supreme Court affirmed the suspension of attorney J. Henry Harrell from the bar for fifteen months after finding he conspired with his client to fabricate testimony in a divorce case by using a complete stranger as a false witness with an assumed name.
• Allen v. Powell
  150 Fla. 402· Fla.· 1942-04-14 ·cited 3×
  The Florida Supreme Court affirmed a trial court's decision to grant a new trial. The new trial was granted because the plaintiff allegedly concealed a material witness by using a fictitious name on a subpoena, which the court found to be a fraud on the court and opposing counsel
• Russell v. Russell
  129 Fla. 866· Fla.· 1937-11-06 ·cited 3×
  Katherine Russell and the administrator of her deceased husband's estate sought to vacate a divorce decree on grounds of fraud in service of process. The Florida Supreme Court affirmed the trial court's decision to set aside the divorce decree, holding that the former husband had
• Synergy Contracting Grp., Inc. v. Homeowners Choice Prop. & Cas. Ins. Co., Inc.
  376 So. 3d 769· Fla. 2d DCA· 2023-09-27 ·cited 2×
  The appellate court reversed a trial court's dismissal of a contractor's fraud claim against an insurance company. The court found that while there were inconsistencies in the contractor's submissions and testimony, they did not rise to the stringent "fraud on the court" standard
• Oracle Elevator Co. v. 8660 Bldg., LLC
  353 So. 3d 689· Fla. 3d DCA· 2023-01-04 ·cited 2×
  The appellate court affirmed the trial court's decision to strike Oracle's complaint due to fraud on the court. Oracle's actions, including submitting a fabricated contract and false testimony, were found to be an unconscionable scheme to interfere with the judicial process.
• Carrington Mortg. Servs., LLC v. Nicolas
  343 So. 3d 605· Fla. 3d DCA· 2021-11-24 ·cited 2×
  The appellate court granted a writ of prohibition to prevent a trial court from proceeding with a criminal contempt charge. The court found that a dispute over who was the loan servicer, based on conflicting testimony, did not constitute a valid basis for criminal contempt, espec
• Vista Fin. Grp., LLC v. THE Bank of NEW York Mellon
  Fla. 3d DCA· 2021-07-28 ·cited 2×
  Vista Financial Group and a junior lienholder appealed the dismissal of counts seeking to set aside a 2014 foreclosure judgment and revert title from the Tselesins, innocent third-party purchasers. The court affirmed the dismissal, holding that the Tselesins qualify for protectio
• Salazar v. Gomez
  317 So. 3d 170· Fla. 3d DCA· 2021-02-17 ·cited 2×
  A trial court abuses its discretion by dismissing an action post-verdict for fraud upon the court when the alleged fraudulent conduct consists of testimony inconsistencies that were known to the opposing party before trial, fully litigated before the jury, and the jury implicitly
• Hurley v. Lifsey
  310 So. 3d 1030· Fla. 2d DCA· 2020-08-14 ·cited 2×
  The appellate court reversed the trial court's dismissal of a legal malpractice and fraud complaint. The court found that the trial court erred by dismissing the complaint with prejudice based on the statute of limitations without sufficient factual basis from the complaint itsel
• Geraldo Linares v. Bank of Am., N.A.
  278 So. 3d 330· Fla. 3d DCA· 2019-09-04 ·cited 2×
  The appellate court affirmed the denial of a borrower's motion for relief from a foreclosure judgment. The borrower's motion, filed over two years after the judgment, was untimely under the relevant rule of civil procedure and also failed to establish that the judgment was void.
• Llanos v. Huerta
  296 So. 3d 472· Fla. 3d DCA· 2018-12-05 ·cited 2×
  Orders compelling a married couple to submit their child to paternity testing must satisfy three requirements: (1) paternity must be placed in controversy in the proceedings, (2) good cause must exist for the testing, and (3) the testing must be in the child's best interest. The
• The Fla. Bar Re: Advisory Opinion
  265 So. 3d 447· Fla.· 2018-10-04 ·cited 2×
  A nonlawyer company engages in the unlicensed practice of law when it holds itself out as having special knowledge on recovering excess tax deed proceeds, identifies and contacts owners of such proceeds to offer recovery services, offers a contingency arrangement using an assignm
• Bryant v. Mezo
  226 So. 3d 254· Fla. 4th DCA· 2017-05-17 ·cited 2×
  The court held that the trial court did not abuse its discretion in dismissing the complaint with prejudice for fraud upon the court, as the plaintiff's repeated failure to disclose prior injuries was intentional and untruthful.
• Faddis v. The City OF Homestead
  157 So. 3d 447· Fla. 3d DCA· 2015-02-11 ·cited 2×
  The Florida District Court of Appeal affirmed sanctions imposed against appellant Johanna Faddis and her attorney Kelsay Patterson for fraud on the court, and imposed additional appellate attorney fees against Patterson alone for advancing a frivolous appeal under Florida Statute
• Jackson v. Albright
  120 So. 3d 37· Fla. 4th DCA· 2013-07-24 ·cited 2×
  The Estate of Kim Douglas appealed a defense verdict in a personal injury case arising from a 2001 car collision, challenging the trial court's admission of evidence regarding a prior settlement to rebut Douglas's testimony about lack of funds for medical treatment. The court aff
• Ford Motor Co. v. Stimpson
  115 So. 3d 401· Fla. 5th DCA· 2013-04-19 ·cited 2×
  Ford Motor Company appeals a trial court's post-judgment grant of relief from a jury verdict in a products liability case involving alleged sudden acceleration in a 1991 Ford Aerostar van. The appellate court reverses, holding that the trial court abused its discretion in finding
• Carroll Goodman v. Goodman
  126 So. 3d 310· Fla. 3d DCA· 2013-03-27 ·cited 2×
  The Third District Court of Appeal reversed the trial court's denial of motions to intervene and set aside an adult adoption judgment. The court held that the trial court erred in failing to vacate the adoption of a 42-year-old woman by a defendant imprisoned for DUI manslaughter
• Gelbard v. City of Miami
  644 F. App'x 957· S.D. Fla.· 2012-02-28 ·cited 2×
• Carlton Fields, P.A. v. LoCASCIO
  59 So. 3d 246· Fla. 3d DCA· 2011-03-30 ·cited 2×
  The court held that the equitable subordination doctrine does not apply absent evidence of inequitable conduct by the claimant.
• Bistricer v. Oceanside Acquisitions, LLC
  59 So. 3d 215· Fla. 3d DCA· 2011-03-16 ·cited 2×
  The court upheld a trial judge's decision to strike the plaintiffs' quiet title claims as a sanction for egregious discovery violations and false testimony by the plaintiffs and their representatives. The plaintiffs failed to produce over 68,000 documents despite repeatedly assur
• Challenger Inv. Grp., LC v. Renell D. Jones
  20 So. 3d 941· Fla. 3d DCA· 2009-09-30 ·cited 2×
  Challenger Investment Group appealed an order denying its motion for relief from judgment under Florida Rule of Civil Procedure 1.540(b), claiming the trial court lacked jurisdiction to consider the motion. The Third District reversed, holding that the trial court did have jurisd
• State v. Clinnie Brinson, III
  953 So. 2d 38· Fla. 3d DCA· 2007-03-28 ·cited 2×
  The Department of Revenue appealed a trial court's order vacating child support obligations based on the father's discovery that he was not the biological parent due to the mother's misrepresentation. The court reversed, holding that the mother's misrepresentation of paternity co
• Barrett v. Barrett
  851 So. 2d 799· Fla. 4th DCA· 2003-07-25 ·cited 2×
  The Florida Fourth District Court of Appeal granted a father's petition for a writ of prohibition, quashing an order that denied his motion to disqualify the trial judge. The court found that the judge's extensive questioning of a witness, which appeared to advocate for the mothe
• Stephens v. BAY Med. Ctr.
  839 So. 2d 858· Fla. 1st DCA· 2003-03-10 ·cited 2×
  The trial court erred by dismissing the case for fraud on the court without providing the plaintiff an opportunity for a separate evidentiary hearing to present additional evidence before imposing sanctions.
• Bahram Armakan and Tahereh Hooshmand v. McLEAN
  800 So. 2d 314· Fla. 3d DCA· 2001-11-07 ·cited 2×
  The court held that dismissal was an excessive sanction for the plaintiff's failure to disclose a prior, unrelated knee surgery, especially when the trial court initially found the misrepresentation immaterial.
• Cooper v. Melodie Austin
  750 So. 2d 711· Fla. 5th DCA· 2000-01-14 ·cited 2×
  Cooper appeals the trial court's denial of relief from a mediation settlement agreement in a divorce case, arguing the agreement was procured by extortion when his wife threatened to have him arrested unless he agreed to her terms. The court reverses, finding that despite the tri
• Secretary OF Veteran Affairs v. Tejedo
  774 So. 2d 709· Fla. 3d DCA· 1999-12-29 ·cited 2×
  The Secretary of Veterans Affairs appeals an order setting a redemption amount for property after the trial court was directed by prior appeal to establish such amount with proper evidence. The court affirms, holding that the Secretary cannot abandon the redemption remedy it init
• State v. Sullivan
  727 So. 2d 1085· Fla. 2d DCA· 1999-03-03 ·cited 2×
  The Florida Department of Revenue and a child's mother appealed a trial court order that relieved the father, Tony Sullivan, of his child support obligations based on a private blood test showing he was not the biological father. The appellate court reversed, holding that a pater
• Dep't OF Revenue v. Myrick
  706 So. 2d 104· Fla. 5th DCA· 1998-02-20 ·cited 2×
  The Florida Department of Revenue appealed a contempt order that required blood testing to determine paternity three years after paternity had been adjudicated by default judgment. The court reversed the blood testing requirement, holding that once paternity is established by cou