Fraudulent Conveyance

1,103 Florida cases classified under this topic, plus 647 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• O'Neal v. Am. Shaman Franchise Sys., Inc.
  679 F. 2d 1350· 11th Cir.· 2026-02-11 ·cited 320×·via Fraudulent Transfer
  Thomas O'Neal signed a settlement agreement with American Shaman that released all claims, including Fair Labor Standards Act wage claims, but the settlement was not approved by a court or the Department of Labor. When O'Neal later filed suit alleging fraudulent transfer, the cou
• Ryan's Furniture Exch., Inc. v. McNair
  120 Fla. 109· Fla.· 1935-06-19 ·cited 246×
  Ryan's Furniture Exchange, Inc., sought to overturn a circuit court order issued during supplementary proceedings to execution that declared the company a mere continuation of judgment debtor Ryan Bros., Inc., and ordered seizure of its assets. The Florida Supreme Court held that
• Rosa Chappelle McGill and her husband S. D. McGill v. Chappelle
  71 Fla. 479· Fla.· 1916-04-11 ·cited 179×
  Rosa Chappelle McGill and her husband appealed a decree establishing a resulting trust in favor of Pat Chappelle's brothers, Lewis W. and James E. Chappelle, in partnership property worth approximately one-third of Pat's estate. The Florida Supreme Court reversed, finding the evi
• Holman Willis v. Mrs. M. C. Fowler
  102 Fla. 35· Fla.· 1931-06-17 ·cited 142×
  Willis sued in equity to rescind a contract for purchase of a syndicate interest allegedly procured through fraud, seeking return of $6,666.67 paid to Fowler. The Florida Supreme Court held that equity has jurisdiction to rescind parol contracts based on fraud and that the bill s
• Brunswick Corp. v. Vineberg
  370 F.2d 605· 5th Cir.· 1967-01-11 ·cited 128×
  The court held that the dismissal of the complaint against Sky Corporation and the summary judgments in favor of Vineberg, DeMet, and Enterprises were erroneous.
• The Ohio Butterine Co. v. Hargrave
  79 Fla. 458· Fla.· 1920-04-05 ·cited 124×
  The Ohio Butterine Company and American Bakeries Company sought to sequester rents and profits from property held by husband and wife as an estate by entirety to satisfy judgments against the husband alone. The Florida Supreme Court held that an estate by entirety cannot be subje
• Aden E. Waterman v. Reola A. Higgins
  28 Fla. 660· Fla.· 1891-06-01 ·cited 123×
  The Florida Supreme Court affirmed a chancellor's decree dismissing a bill filed by heirs of Aden Waterman's first marriage seeking to cancel a deed he executed to his second wife during coverture. The court held that such deeds are valid in equity when made on meritorious consid
• The Fla. Nat'l Bank of Gainesville v. Sherouse
  80 Fla. 405· Fla.· 1920-06-24 ·cited 117×
  The Florida Supreme Court reversed a lower court decree that permanently enjoined the sale of real property to satisfy a judgment creditor's claim. The Court found that the evidence clearly showed the property transfers were fraudulent conveyances designed to place assets beyond
• Williams v. Bailey
  69 Fla. 225· Fla.· 1915-02-23 ·cited 117×
  Williams and Hardee, attorneys for Mrs. Bailey, sued to enforce an alleged parol agreement whereby Mrs. Bailey would convey to them 200 acres of land in exchange for $300 and a quit-claim deed to 160 acres. The Florida Supreme Court affirmed the trial court's dismissal, holding t
• George E. Sebring Co. v. O'Rourke
  134 So. 556· Fla.· 1931-02-13 ·cited 113×
  The Florida Supreme Court reversed the lower court's denial of a demurrer to a creditor's bill seeking to set aside allegedly fraudulent conveyances. The court held that a creditor holding notes secured by a mortgage on different property must first obtain a judgment at law befor
• Kenneth Friedman, M.D. v. Heart Inst. OF Port ST. Lucie, Inc.
  863 So. 2d 189· Fla.· 2003-09-25 ·cited 106×·via Fraudulent Transfer
  The Florida Supreme Court resolved a conflict between district courts regarding whether claims under the Florida Uniform Fraudulent Transfer Act (FUFTA) must be stayed pending resolution of underlying substantive claims. The Court held that a person with a contingent, unliquidate
• Edmond G. Pharo v. Smith
  621 F.2d 656· 5th Cir.· 1980-07-09 ·cited 102×
  The court held that Deltec was not a "seller" under Section 12 of the Securities Act of 1933 because its actions were not a substantial factor in causing the plaintiffs' purchases of unregistered securities.
• Gulf Ref. Co. v. Ankeny
  102 Fla. 151· Fla.· 1931-06-24 ·cited 89×
  Gulf Refining Company appealed a directed verdict in an ejectment action brought by the children of a deceased homestead owner. The Florida Supreme Court reversed, holding that the question of whether the five-acre portion of homestead property was abandoned by the owner before h
• In re Chase & Sanborn Corp. v. Arab Banking Corp.
  904 F.2d 588· 11th Cir.· 1990-06-27 ·cited 87×
  The court held that the bankruptcy court erred in finding that loan payments were a contemporaneous exchange for new value, making them voidable preferences, and that ABC was the initial transferee of those payments.
• Hill v. Braxton Beacham and Berta Beacham
  79 Fla. 430· Fla.· 1920-04-05 ·cited 87×
  D.C. Hill sued Braxton Beacham and his wife Berta in 1908 alleging an oral partnership to acquire and develop orange grove properties, claiming the Beachams fraudulently placed titles in Mrs. Beacham's name and refused to account for profits. The trial court dismissed the complai
• Biscayne Realty & Ins. Co. v. Ostend Realty Co.
  109 Fla. 1· Fla.· 1933-03-11 ·cited 86×
  Biscayne Realty sued Ostend Realty Company and others via creditor's bill to attach land and void conveyances as fraudulent. The Florida Supreme Court affirmed the lower court's dismissal, holding that the use of a shell corporation to hold title was not fraudulent where the corp
• Pasco v. Jamis T. Harley
  73 Fla. 819· Fla.· 1917-04-03 ·cited 86×
  The Florida Supreme Court held that homestead exemptions are subject to judgment and execution liens that attached to property before the debtor acquired the status of head of family. Pasco, as receiver of a bank, sought to prevent Harley from claiming homestead exemptions on pro
• Anderson v. Northrop
  30 Fla. 612· Fla.· 1892-06-01 ·cited 85×
  This case involves a dispute over an estate administered by Clarissa C. Anderson, who served as both executrix and life tenant under her deceased husband Andrew Anderson Sr.'s will. The remaindermen (heirs of Anderson Sr.'s daughters) sought an accounting and recovery of estate p
• Robinson v. The Springfield Co.
  21 Fla. 203· Fla.· 1885-01-01 ·cited 85×
  The Florida Supreme Court addresses whether an assignee of a judgment can maintain a bill in equity in its own name to reach fraudulent conveyances made by the original debtor. The Court holds that an absolute assignment requires the assignor to be a party only when equity issues
• Donald W. Buttrey in Bankr. for Dobich Sec. Corp. v. Merrill Lynch
  410 F.2d 135· 7th Cir.· 1969-04-17 ·cited 83×·via Fraudulent Transfer
  The court held that a bankruptcy trustee can prosecute claims for fraudulent transfers under federal law, and that alleged violations of NYSE Rule 405 and federal securities laws stated actionable claims.
• Jax Ice & Cold Storage Co. v. S. Fla. Farms Co.
  91 Fla. 593· Fla.· 1926-04-08 ·cited 79×
  This interpleader suit involved a judgment creditor (South Florida Farms Company) seeking to deposit disputed judgment proceeds into the court registry rather than risk double liability by paying multiple claimants. The Florida Supreme Court reversed, holding that interpleader wa
• Weinberger v. Kendrick
  698 F.2d 61· 2d Cir.· 1982-07-14 ·cited 78×
  The court reaffirms its prior decision affirming the approval of a class action settlement, clarifying its reasoning and correcting a factual statement.
• Airvac, Inc. v. Ranger Ins. Co.
  330 So. 2d 467· Fla.· 1976-02-25 ·cited 78×
  The court held that a party waives the right to raise an issue on remand if it was not raised on the initial appeal, especially when the issue was known and an amendment to raise it was denied prior to the first trial.
• Robert Robinson in Bankr. of D. C. Sullivan & Co., Inc. v. Watts Detective Agency, Inc.
  685 F.2d 729· 1st Cir.· 1982-07-19 ·cited 76×
  The court held that intangible assets like customer lists and goodwill can constitute 'property' under the Bankruptcy Act's fraudulent conveyance provisions, and that directors can breach their fiduciary duty through passivity or abandonment. However, individuals who did not rece
• Bay View Ests. Corp. v. Southerland
  114 Fla. 635· Fla.· 1934-04-30 ·cited 76×
  In this creditor's bill seeking to set aside alleged fraudulent conveyances, the Florida Supreme Court reversed the trial court's denial of motions to dismiss. The court held that the trial court violated the Chancery Act of 1931 by allowing untimely motions to strike portions of
• Florence v. Cowdery
  106 Fla. 567· Fla.· 1932-08-24 ·cited 76×
  Florence Cowdery, a widow relying on rental income from commercial structures on her homestead for livelihood, conveyed her property to her daughters to avoid judgment. The court held that the garage and paint shop, though rented for income, remain part of her exempt homestead be
• State v. Viney
  120 Fla. 657· Fla.· 1935-08-29 ·cited 75×
  This case involves a prohibition proceeding where relators sought to quash a rule to show cause issued by a Circuit Judge. The Supreme Court held that the Circuit Court's proceedings, which aimed to subject property to a judgment, were in conformity with the law regarding supplem
• Olen Warren Todd v. Hyzer
  154 Fla. 702· Fla.· 1944-07-14 ·cited 73×
  Todd and his wife sought specific performance of an alleged oral contract with Clara Zearing, a property owner, claiming they were promised ownership of her apartment building in exchange for maintaining the property and caring for her. The Florida Supreme Court affirmed the lowe
• Richard v. McNair
  121 Fla. 733· Fla.· 1935-11-12 ·cited 73×
  The Florida Supreme Court addresses whether proceedings supplementary to execution may subject property of a third-party judgment creditor without making that creditor a party to the proceedings and affording him due process. The court holds that constitutional due process requir
• Sprague v. Vogt
  150 F.2d 795· 8th Cir.· 1945-07-30 ·cited 71×·via Fraudulent Transfer
  The court held that while the trustee's claim regarding the priority of existing mortgage liens on the real property was without substance, other issues concerning potential fraudulent transfers of real and personal property raised genuine issues of material fact requiring trial.
• Textile Banking Co., Inc. v. Rentschler
  657 F.2d 844· 7th Cir.· 1981-04-17 ·cited 70×
  The court held that the appeal of the default judgment order was untimely, but affirmed the denial of the Rule 60(b) motion because the district court had jurisdiction and did not abuse its discretion.
• ITT Cmty. Dev. Corp. v. Barton
  569 F.2d 1351· 5th Cir.· 1978-03-24 ·cited 70×·via Fraudulent Transfer
  A civil contempt adjudication cannot stand if the underlying order is invalid. The court found the turn-over order invalid because it was not authorized by Florida law, the All Writs Act, or the court's inherent powers.
• News-Journal Corp. v. Gore
  147 Fla. 217· Fla.· 1941-05-13 ·cited 69×
  A minority newspaper stockholder sought relief from majority shareholders' alleged mismanagement, including excessive salaries and self-dealing in property purchases. The Florida Supreme Court affirmed findings of breach of fiduciary duty and ordered return of excess compensation
• Demos v. Walker
  99 Fla. 302· Fla.· 1930-02-08 ·cited 69×
  In this equity case, Demos sought to enjoin the sale of Sarasota County lands under an execution obtained by Mrs. Walker against the judgment debtor Petroutsa. The trial court denied Demos's motions for extension of time to take testimony and for dismissal without prejudice, inst
• Bankers Tr. Co. v. Rhoades
  859 F.2d 1096· 2d Cir.· 1988-10-03 ·cited 67×
  The court held that Bankers Trust had standing to bring a civil RICO action for direct injuries and that the statute of limitations accrues separately for each injury discovered or discoverable within the four-year period.
• Riley v. Fatt
  47 So. 2d 769· Fla.· 1950-07-28 ·cited 67×
  The Florida Supreme Court reversed a lower court's order that allowed a judgment creditor to satisfy a corporate debt from the personal assets of the corporation's president and his wife. The court held that piercing the corporate veil requires proof that the corporation was used
• Havoco OF Am., Ltd. v. Hill
  790 So. 2d 1018· Fla.· 2001-06-21 ·cited 64×
  The Florida Supreme Court held that Article X, Section 4 of the Florida Constitution exempts homestead property even when acquired with nonexempt funds with the specific intent to hinder, delay, or defraud creditors, answering a certified question from the Eleventh Circuit. The c
• Gen. Trading Inc. v. Yale Materials Handling Corp.
  119 F.3d 1485· 11th Cir.· 1997-08-22 ·cited 63×
  The Eleventh Circuit affirmed the magistrate judge's finding that the parties consented to his authority, vacated the magistrate judge's determination that a transfer to Power Depot was not fraudulent, and reversed the magistrate judge's finding that Yale filed an involuntary ban
• Hurwitz v. Hurwitz
  136 F.2d 796· D.C. Cir.· 1943-06-22 ·cited 63×
  An administratrix can recover property fraudulently conveyed by the decedent to defeat creditors, even if the decedent could not, because the heirs are not responsible for the fraud.
• Foster v. Thornton
  131 Fla. 277· Fla.· 1937-09-16 ·cited 63×
  Foster conveyed property to his wife after a tort judgment was rendered against him but before collection efforts. The Supreme Court held that because the wife's separate funds (partially) purchased the property, a resulting trust arose in her favor, and Foster's subsequent conve
• Edwards v. The Baldwin Piano Co.
  79 Fla. 143· Fla.· 1920-02-25 ·cited 63×
  In this consignment dispute, the Florida Supreme Court held that Baldwin Piano Company's consignment contract with a piano retailer created a true agency relationship that vested title in the consignor, not the retailer-defendant. The court affirmed a directed verdict for the con
• Amjad Munim, M.D., P.A. v. George Azar, M.D.
  648 So. 2d 145· Fla. 4th DCA· 1994-08-24 ·cited 62×·via Fraudulent Transfer
  Dr. Azar was wrongfully terminated by his employer, Dr. Munim's professional association (Munim, P.A.), sixteen days before earning a substantial bonus at the end of the second year of a three-year employment contract. The court affirmed the finding of breach and awarded damages,
• Farish Carter v. Archibald T. Bennett
  6 Fla. 214· Fla.· 1855-01-01 ·cited 62×
  In this equity case, the Supreme Court of Florida reversed the lower court's dissolution of an injunction in a complex dispute involving the sale of enslaved persons, mortgages, and multiple lawsuits. The court determined that sufficient equity existed to maintain the suit in cha
• Hassey v. Williams
  127 Fla. 734· Fla.· 1937-04-19 ·cited 61×
  In this Florida Supreme Court case, the court reversed a lower court decision that voided a property deed executed by Bulah Williams, who had been adjudicated insane in 1918 but was discharged from a mental hospital as cured in 1919 and had lived normally for 15+ years before exe
• In re Consol. Bancshares, Inc. v. Creel & Atwood & Jack Bryant
  785 F.2d 1249· 5th Cir.· 1986-03-28 ·cited 59×
  The court held that attorneys for a shareholder group were not entitled to fees for services that did not substantially contribute to the bankruptcy estate and that debtor's counsel was not entitled to a bonus, but remanded the issue of potential conflict of interest for debtor's
• Eliza N. Shear v. Robinson
  18 Fla. 379· Fla.· 1881-06-01 ·cited 59×
  In this equity case, the Florida Supreme Court held that a deed executed by Mrs. Eliza Shear to William Robinson on January 4, 1878, should be treated as a mortgage securing her debt of $3,336.91, not as an absolute conveyance of title. The court reversed the lower court's decisi
• Fed. Sav. & Loan Ins. Corp. for Savannah Sav. & Loan Ass'n v. Haralson
  813 F.2d 370· 11th Cir.· 1987-03-30 ·cited 58×
  The court held that genuine issues of material fact exist regarding whether the plaintiff reasonably relied on the misrepresentation in the financial statement, and whether the fraud claims are barred by the statute of limitations.
• Carlton v. Baww, Inc.
  751 F.2d 781· 5th Cir.· 1985-01-28 ·cited 58×
  The court held that although the trustee's citizenship destroyed diversity, the district court properly exercised subject matter jurisdiction under 28 U.S.C. § 1334, and defective jurisdictional allegations could be amended.
• In re Mortgageamerica Corp. v. Mortgageamerica Corp.
  714 F.2d 1266· 5th Cir.· 1983-09-19 ·cited 58×·via Fraudulent Transfer
  The court held that state-law causes of action for fraudulent transfers and under the corporate trust fund doctrine, brought by a creditor against a debtor's controlling person, are property of the debtor's bankruptcy estate and thus subject to the automatic stay.
• Winn & Lovett Grocery Co. v. Saffold Bros. Produce Co.
  121 Fla. 833· Fla.· 1935-12-03 ·cited 58×
  In this creditor's bill case, Saffold Brothers Produce Co. sought to recover the value of property fraudulently transferred from its judgment debtor Bailey Produce Co. to Winn & Lovett Grocery Co. and Seminole Grocery Co. The Florida Supreme Court affirmed the trial court's decre