Fraudulent Conveyance

1,103 Florida cases classified under this topic · sorted by citation count

• Post v. Roach
  26 Fla. 442· Fla.· 1890-06-01 ·cited 2×
  Post & Hunter sold goods to Roach & Co. on credit based on misrepresentations about security. When Post later assigned his assets to Green and Post & Hunter dissolved, Roach & Co. sought to enjoin the assignment and have the goods applied to their judgment. The Florida Supreme Co
• J. W. Dowling & Co. v. Uriah Bowden
  25 Fla. 712· Fla.· 1889-06-01 ·cited 2×
  In this trespass action, the Florida Supreme Court reversed the lower court's judgment and held that a sheriff cannot justify seizing property under writs of attachment unless he demonstrates that the writs were actually returned on the day required by statute, regardless of whet
• Lucinda Gainer v. Russ
  20 Fla. 157· Fla.· 1883-06-01 ·cited 2×
  A creditor sought to set aside a land conveyance by judgment debtors to their relative, alleging it was fraudulent and made to hinder debt collection. The Florida Supreme Court affirmed the lower court's decree setting aside the deed, finding the conveyance was made to shield ass
• Loring v. Dunning & Palmer
  16 Fla. 119· Fla.· 1877-01-01 ·cited 2×
  In this creditor's bill, the Florida Supreme Court upheld a decree treating a conveyance of property by judgment debtor Mrs. Carr to Caleb Loring as constructively fraudulent and imposing a lien on the property to the extent of consideration paid by Loring, rather than allowing a
• Hill W. Howse v. Moody
  14 Fla. 59· Fla.· 1872-01-01 ·cited 2×
  Hill Howse sued the administrators and other parties regarding an estate, alleging fraudulent conveyances and seeking to reach property. The Florida Supreme Court reversed the trial court's overruling of a demurrer, holding that the complaint improperly joined separate causes of
• McDougall v. Van Brunt
  6 Fla. 570· Fla.· 1856-01-01 ·cited 2×
  This equity case involves a dispute over ownership of a slave, with the administrator of Joseph W. Lea's estate claiming that a bill of sale to Richard Van Brunt, Jr. was intended as a mortgage to secure a loan rather than an absolute sale. The Florida Supreme Court reversed the
• Crowell v. Ebenezer M. Skipper
  6 Fla. 580· Fla.· 1856-01-01 ·cited 2×
  Crowell and Daughtry, as trustees, challenged a creditor's levy on enslaved property claimed to be settled for the separate use of the wife under a Georgia marriage settlement deed. The Florida Supreme Court reversed the lower court's judgment, holding that a valid marriage settl
• Henry Gassett & Co. v. Wilson & Brown
  3 Fla. 235· Fla.· 1850-01-01 ·cited 2×
  A debtor's withdrawal of his partnership interest and transfer of drafts to certain creditors as partial payment of debts was challenged as a fraudulent conveyance intended to delay and defraud other creditors. The Florida Supreme Court held that a debtor has the lawful right to
• United States v. Spiwak (In Re Spiwak)
  285 B.R. 744· S.D. Fla.· 2002-06-11 ·cited 1×
  The court held that the bankruptcy court's finding that the debtor did not willfully evade his tax obligations was clearly erroneous, and that the debtor's 1986 tax liability warranted further examination.
• James v. Mabie
  819 So. 2d 795· Fla. 1st DCA· 2002-05-13 ·cited 1×
  Eugene James appeals from a declaratory judgment determining that an unrecorded deed conveying real property from Lefferts Mabie to Work Enterprises and James was ineffective because the grantor did not intend to deliver it. The trial court found the deed was merely held for show
• Varveris v. Alberto M. Carbonell, P.A.
  785 So. 2d 576· Fla. 3d DCA· 2001-04-11 ·cited 1×
  The trial court abused its discretion by awarding appellate costs to a party who did not prevail on the significant issues of the appeal.
• Fed. Trade Comm'n v. Slimamerica, Inc.
  77 F. Supp. 2d 1263· S.D. Fla.· 1999-06-30 ·cited 1×
  The court held that the defendants engaged in deceptive acts and practices and made false advertisements in violation of the FTC Act by making unsubstantiated weight loss claims and misrepresenting product endorsements.
• Carmelitas Holding Co. v. Paradise Beach Resort ST. Augustine, Inc.
  675 So. 2d 660· Fla. 5th DCA· 1996-06-14 ·cited 1×
  Carmelitas Holding Company appealed a summary judgment that prevented it from collecting on a judgment against a homeowners association (SABTC/Paradise Beach Resort) by imposing a creditor's bill on assessment funds. The court reversed, holding that a homeowners association's aut
• United States v. Gerads
  999 F.2d 1255· 8th Cir.· 1993-07-26 ·cited 1×
  The court held that the district court correctly granted summary judgment because the taxpayers' arguments were meritless and frivolous.
• O'Connor v. Midwest Pipe Fabrications, Inc.
  972 F.2d 1204· 10th Cir.· 1992-08-18 ·cited 1×
  The court held that the district court did not err in finding the O'Connors in contempt for failing to adequately account for their assets, but vacated the monetary sanction due to lack of clarity regarding its purpose and basis.
• Moody v. Sec. Pac. Bus. Credit, Inc.
  971 F.2d 1056· 3d Cir.· 1992-08-07 ·cited 1×
  The court held that the leveraged buyout of Jeannette Corporation did not constitute a fraudulent conveyance under the Pennsylvania Uniform Fraudulent Conveyance Act because the company was not rendered insolvent and was not left with an unreasonably small capital.
• Mariluz Rosario v. Anthanasios Livaditis
  963 F.2d 1013· 7th Cir.· 1992-05-13 ·cited 1×
  The court held that the jury's verdict of zero damages for RICO violations, despite finding liability, was contrary to law, and the trial court abused its discretion in denying a new trial on damages for those counts. The court affirmed class certification, discovery rulings, and
• Orlando Light Bulb Serv., Inc. v. Laser Lighting & Elec. Supply, Inc.
  523 So. 2d 740· Fla. 5th DCA· 1988-04-14 ·cited 1×
  Florida appellate court reversed the trial court's judgment holding Orlando Light Bulb Service and LBM Enterprises liable for a debt owed to Laser Lighting by their predecessor, Lite World. The court found insufficient evidence to support theories of de facto merger, mere continu
• R.G. Cope, JR., Inc. v. Commissioner OF Internal Revenue
  781 F.2d 852· 11th Cir.· 1986-02-03 ·cited 1×
  The court held that the corporation was not liable as a transferee for its parents' tax liabilities because the property conveyances were not fraudulent under Alabama law.
• United States v. Formige
  659 F.2d 206· D.C. Cir.· 1981-07-10 ·cited 1×
  A third-party transferee of property from a taxpayer does not have standing to intervene and set aside a default judgment entered against the taxpayer in an action to reduce tax assessments to judgment.
• Ned Gill v. Phillips
  340 F.2d 318· 5th Cir.· 1965-01-11 ·cited 1×
  The court denied the petition for rehearing, clarifying its prior opinion regarding voidable transfers in arrangement proceedings and allowing further proceedings on the trustee's counterclaim.
• Milgram v. Milgram
  169 So. 2d 837· Fla. 3d DCA· 1964-12-08 ·cited 1×
  The appellate court affirmed the trial court's decision because the appellant failed to demonstrate that the chancellor's findings were clearly wrong or unsupported by competent substantial evidence.
• Mitchell v. Wamble
  18 Fla. 169· Fla.· 1881-01-01 ·cited 1×
  John S. Wamble sued to enforce an agreement for sale of land by Sarah A. Watts. After Mrs. Watts died during litigation, the trial court improperly substituted Henrietta Mitchell (wife of co-defendant John F. J. Mitchell) as a party without showing she was a legal representative
• Calais Steamboat Co. v. Scudder
  2 Black 372· U.S.· 1862-12-01 ·cited 1×
  John Van Pelt, a California resident, secretly employed William Vanderbilt to construct a steamboat in New York in Vanderbilt's name to conceal Van Pelt's ownership, but after Van Pelt's death his estate sued to recover a thirteen-twentieths interest in the vessel when the Calais
• Neem Int'l CV
  Del. Ch.· 2025-12-31
  The Delaware Court of Chancery held that while derivative claims are barred due to the corporation's void status from unpaid franchise taxes, direct claims for breach of fiduciary duty related to the impairment of liquidation preferences are valid. The court found that the defend
• The Haitian Diaspora Political Action Comm. v. The Am. Red Cross
  S.D. Fla.· 2025-10-16
  The court held that the Donor Plaintiffs lacked standing because they failed to prove they made donations, and the Beneficiary Plaintiff lacked standing because he failed to establish he was an intended third-party beneficiary of the USAID agreement.
• Dagoberto Capo v. Capo
  Fla. 3d DCA· 2025-10-15
  A trustee of a revocable trust owes duties to the settlor and beneficiary named in the trust, not to contingent beneficiaries whose interests are not vested.
• In re Richert Funding, LLC v. Soneet R. Kapila
  M.D. Fla.· 2025-09-29
  The court affirmed the bankruptcy court's findings on fraudulent transfer claims but reversed the order limiting where the judgment could be filed, and affirmed the dismissal of contract claims to prevent double recovery.
• Golubtsova v. Notarycam, Inc.
  S.D. Fla.· 2024-12-30
  The court held that a lis pendens must be dissolved because the plaintiff failed to establish a fair nexus between the property and the underlying action, as the claim supporting it was barred by collateral estoppel and federal jurisdiction was precluded by the Rooker-Feldman doc
• Marnie Leigh Gracey v. Marwan Ahmad Mohammed Albawardi & Dlayal Holdings, Inc.
  Del. Ch.· 2024-12-13
  The Court of Chancery dismissed a petition seeking reverse veil piercing and the appointment of a receiver for Delaware entities. The court held that reverse veil piercing is an extraordinary remedy only available in exceptional circumstances, and the petitioner failed to plead s
• Eran Fin. Servs., LLC v. Eran Indus. Ltd.
  S.D. Fla.· 2024-10-02
  The court granted in part and denied in part various motions in limine, precluding certain evidence and arguments from trial, particularly concerning damages, undisclosed intellectual property, and partnership theories.
• In re Amendments to Fla. Rules of Civil Procedure-2023 Legislation
  Fla.· 2024-07-11
  The Florida Supreme Court adopted a new civil procedure form (Form 1.925) for complaints to quiet title based on fraudulent conveyance allegations, implementing statutory procedures created by 2023 legislation.
• Muller v. Zaibet
  S.D. Fla.· 2023-10-27
  The court adopted the magistrate judge's recommendation to dissolve the notices of lis pendens, finding that the plaintiffs failed to establish a sufficient nexus between their claims and the properties in question.
• Crockett v. Welch
  M.D. Fla.· 2023-10-19
  The bankruptcy judge did not abuse discretion in approving the settlement agreement, as the judge properly considered the relevant factors and the settlement fell within the range of reasonableness.
• Adeena Weiss v. BI 27, LLC
  Fla. 3d DCA· 2023-10-11
  This case involves a dispute over quiet title claims to real property. The appellate court reversed a summary judgment, finding that material factual issues precluded the application of a statute that would have shielded mortgagees from suit.
• Cleveland-Cliffs Burns Harbor LLC
  Del. Ch.· 2023-09-05
  The Delaware Court of Chancery granted in part and denied in part the defendants' motions to dismiss. The court dismissed all claims against Black Diamond Capital Management, L.L.C., finding veil piercing unavailable and the transfer beneficiary claim under DUFTA unsupported. Cla
• Zausner Foods Corp. v. Blandin
  S.D. Fla.· 2023-08-16
  The court held that the defendants' motion to dismiss should be denied because the plaintiff sufficiently pled its claims, has standing, and the court has personal jurisdiction over the defendants.
• Inna Pyrinova v. Doyle
  Fla. 4th DCA· 2023-06-21
  A temporary injunction against a non-party fails to comply with Florida Family Law Rule of Procedure 12.605 when it lacks a required bond and fails to specify reasons for entry, and must be reversed and remanded where the non-party was not afforded an adequate opportunity to be h
• Clymer v. DeGIROLANO
  Del. Ch.· 2023-03-22
  The Court of Chancery found that the Agreement between the parties constituted an enforceable license to use the property, not a contract for the sale of real property, due to a lack of definite terms. The Court further held that the license was revoked by the matriarch in 2001,
• Preudhomme v. Mathews
  Fla. 4th DCA· 2022-02-23
• Preudhomme v. Mathews
  Fla. 4th DCA· 2022-02-23
  Arlene Preudhomme appealed a trial court's final judgment dismissing her complaints against two defendants. The court dismissed the appeal as to Garth Bailey for lack of jurisdiction because the original dismissal order was not timely appealed within thirty days, and affirmed the
• Fiduciaria Bogota, S.A. v. Hakim-Daccach
  Fla. 3d DCA· 2022-01-19
  The appellate court affirmed the denial of motions to dismiss for lack of personal jurisdiction and forum non conveniens. The case involves allegations of fraudulent divestment of ownership interests in foreign corporations, with a key dispute over funds escrowed in Florida.
• Cleveland v. Westport Recovery Corp.
  Fla. 4th DCA· 2021-12-08
  Westport Recovery Corporation sued Deborah Strong and her son Richard Cleveland under Florida's Uniform Fraudulent Transfer Act, alleging that Strong's sale of the 1906 Property to Cleveland for $100 was a fraudulent conveyance intended to hinder collection on Westport's judgment
• Bluestarexpo, Inc. v. Enis
  S.D. Fla.· 2021-10-25
  BluestarExpo, Inc. sought to recover $300,000 in payments and $35 million in lost profits from defendants who allegedly provided a fraudulent comfort letter certifying that a company had $250 million available to facilitate a glove purchase transaction that ultimately failed. The
• Clampitt v. Wick
  320 So. 3d 826· Fla. 2d DCA· 2021-04-09
  The appellate court reversed a summary judgment against the Clampitts, finding the trial court erred in several key rulings. These included improperly precluding Mrs. Clampitt from opposing proceedings supplementary, incorrectly rejecting claimed exemptions for life insurance pol
• Sycamore P'rs Mgmt., L.P.
  Del. Super. Ct.· 2021-02-26
  The court held that the "law most favorable" clause in the insurance policies constituted an enforceable choice of law provision, allowing the insureds to select Delaware law. Under Delaware law, public policy limitations on insurability must be legislatively enacted, and no such
• Wesolek v. Wesolek
  M.D. Fla.· 2020-12-22
  The court held that it has subject matter jurisdiction and that the plaintiff has stated plausible claims for fraudulent transfer under the Florida Uniform Fraudulent Transfer Act, denying in part the defendants' motion to dismiss.
• Wallace v. Comprehensive Pers. Care Servs., Inc.
  275 So. 3d 782· Fla. 3d DCA· 2019-06-26
  A petitioner filing a petition to determine incapacity under Florida Statutes sections 744.3201 and 744.331 is not required to attach, incorporate, or reference the alleged incapacitated person's medical records or expert medical reports prepared in anticipation of the petition.
• Hodges v. Harrison
  122 La. 492· S.D. Fla.· 2019-02-08
• Lexington Servs. Ltd. v. U.S. Patent No.
  Del. Ch.· 2018-10-26
  The court stayed the action pending resolution of Irish litigation, finding that the parties' agreements contained exclusive forum-selection clauses that required the Irish courts to first address the threshold question of Walters' authority to transfer the Patent. The court foun