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

• Hallmark Builders, Inc. v. Hickory Lakes OF Brandon, Inc.
  458 So. 2d 45· Fla. 2d DCA· 1984-10-17 ·cited 36×
  Hallmark Builders sought to amend its specific performance complaint to add a third-party purchaser as a defendant and to reinstate a discharged lis pendens. The trial court denied the amendment motion and discharged the lis pendens without notice or hearing. The appellate court
• In re Lustron Corp. Reconstr. Fin. Corp. v. Lustron Corp.
  184 F.2d 789· 7th Cir.· 1950-10-23 ·cited 36×·via Fraudulent Transfer
  The bankruptcy court had jurisdiction to issue a restraining order to preserve the estate and prevent irreparable harm, and it did not err in refusing to transfer the case to a district where no bankruptcy petition was pending.
• Sperling v. Davie
  41 So.2d 318· Fla.· 1949-06-28 ·cited 36×
  This case involves a dispute over the sale of real property where the sellers entered into two contracts for the same property. The court affirmed a decree for specific performance for the first buyer, finding the second buyer had knowledge of the prior contract and acted fraudul
• Slaughter v. Gordon J. Barnett. (Two Cases.)
  114 Fla. 352· Fla.· 1934-03-27 ·cited 36×
  The Florida Supreme Court reversed a judgment for breach of contract, holding that a vendor's pre-performance refusal to carry out a land sale agreement does not constitute an actionable breach unless accompanied by facts showing a direct, unequivocal, and absolute purpose to bre
• S. Lumber & Supply Co. v. Verdier
  51 Fla. 570· Fla.· 1906-01-01 ·cited 36×
  In this creditor's bill, the Florida Supreme Court reversed a trial court decision that upheld a conveyance of real estate from an insolvent debtor husband to his wife, finding the answer insufficient to prove the transaction was bona fide and adequately supported by consideratio
• Stock v. Stock
  693 So. 2d 1080· Fla. 2d DCA· 1997-05-16 ·cited 35×
  In this dissolution of marriage case, the trial court divided marital assets and imposed support obligations on both parties. The husband and wife both appealed various aspects of the final judgment regarding alimony, child support, property division, and asset dissipation claims
• Threlkeld v. Commissioner OF Internal Revenue
  848 F.2d 81· 6th Cir.· 1988-06-01 ·cited 35×
  Damages received for injury to professional reputation are excludable from gross income under I.R.C. § 104(a)(2) as they constitute damages on account of personal injuries.
• In re Grand Jury Subpoena Duces Tecum Dated September 15 v. United States
  731 F.2d 1032· 2d Cir.· 1984-03-27 ·cited 35×
  The court held that documents reflecting legal advice are privileged, but communications in furtherance of a fraudulent conveyance are not, even if the underlying crime or fraud has not yet occurred.
• Kent v. Kent
  431 So. 2d 279· Fla. 5th DCA· 1983-05-12 ·cited 35×
  The court concurred with the majority opinion, emphasizing the distinction in Florida Statute Section 48.23(3) regarding lis pendens based on whether the action is founded on a duly recorded instrument.
• United States v. Roth
  164 F.2d 575· 2d Cir.· 1948-01-23 ·cited 35×
  The court held that a clerical error in a tax proof of claim can be amended, and that a bankrupt's overpayment refund claim is a mutual set-off, but a trustee's claim arising from a fraudulent transfer is not.
• Sewell v. Sewell Props., Inc.
  159 Fla. 570· Fla.· 1947-06-27 ·cited 35×
  Dora Sewell appealed the dismissal of her bill of complaint seeking to recover trust property held by her uncle E. G. Sewell as executor and trustee of her father Herbert Sewell's estate. The Florida Supreme Court reversed, holding that the allegations sufficiently stated grounds
• Jackson-Platts v. Gen. Elec. Cap. Corp.
  727 F.3d 1127· 11th Cir.· 2013-08-22 ·cited 34×·via Fraudulent Transfer
  The Eleventh Circuit held that a supplementary proceeding under Florida Statutes section 56.29(6) is an independent civil action removable to federal court under 28 U.S.C. § 1441, not merely an ancillary proceeding, because it imposes new liability on new parties based on wholly
• United States v. Monty Phillip McCLELLAN
  868 F.2d 210· 7th Cir.· 1989-01-27 ·cited 34×·via Fraudulent Transfer
  The court held that the transfer of two cars in a single transaction constituted only one offense of bankruptcy fraud, requiring resentencing. However, the court affirmed the admission of prior testimony and the sufficiency of evidence for other convictions.
• In re Madrid v. Lawyers Title Ins. Corp.
  725 F.2d 1197· 9th Cir.· 1984-02-13 ·cited 34×
  A nonjudicial foreclosure sale is not a voidable transfer under 11 U.S.C. § 548 if the debtor did not participate in the transaction.
• United States v. Fernon
  640 F.2d 609· 5th Cir.· 1981-03-23 ·cited 34×
  The court held that the United States is not bound by state statutes of limitation or laches when enforcing its rights, and that the conveyance of property by parents to their son was made in fraud of creditors.
• Robert B. Ehmann, Inc. v. Bergh
  363 So. 2d 613· Fla. 1st DCA· 1978-10-27 ·cited 34×
  A trial court must follow specific procedural steps outlined in Section 56.29 and established case law when impleading third parties in supplementary proceedings, including examining the judgment creditor and issuing an order to show cause.
• Leannais v. Cincinnati
  565 F.2d 437· 7th Cir.· 1977-10-18 ·cited 34×·via Fraudulent Transfer
  The court held that a successor company can be held liable for injuries caused by its predecessor's defective product under specific conditions, but the concurring opinion argues for a broader rule based on strict product liability.
• Matthews v. Olive M. Matthews
  122 So. 2d 571· Fla. 2d DCA· 1960-07-15 ·cited 34×·via Fraudulent Transfer
  Administrator of an estate appeals dismissal of a complaint against a daughter and corporation alleging fraudulent transfer of assets. The court reversed dismissal as to the corporate defendant, finding the complaint against it not clearly un-amendable, and held that jurisdiction
• Nelson v. Cravero Constructors, Inc.
  117 So. 2d 764· Fla. 3d DCA· 1960-02-11 ·cited 34×
  The court held that the appellants failed to establish a prima facie case of fraudulent conveyance, and the evidence was legally insufficient to support a decree in their favor.
• United States v. Switzer
  252 F.2d 139· 2d Cir.· 1958-01-28 ·cited 34×·via Fraudulent Transfer
  The court held that the indictment was not defective, the government established a prima facie case, and the trial court did not err in its rulings or instructions, affirming the convictions.
• Hudson v. William A. Wylie in Bankruptcy of the Estate of John Lucas Hudson, Sr.
  242 F.2d 435· 9th Cir.· 1957-03-01 ·cited 34×
  The court held that the corporation was the alter ego of the bankrupt and its assets were part of the bankruptcy estate, as it was created to defraud creditors.
• Mabry v. Knabb
  151 Fla. 432· Fla.· 1942-06-05 ·cited 34×
  A collusive settlement between a trustee and tenant to deprive the trustee's attorneys of compensation for services is a fraud upon the attorneys, who may pursue the trustee's claims through continued prosecution of the suit; further, a tenant cannot claim a lien for tax payments
• Fisher v. Grady
  131 Fla. 1· Fla.· 1937-12-23 ·cited 34×
  In this equity case, the Florida Supreme Court held that Don B. Grady, who managed the Poinsettia Hotel in St. Petersburg, held the property in constructive trust for his principal, May F. Fisher, after acquiring title through a foreclosure transaction without her knowledge or co
• Russ v. Blackshear
  88 Fla. 573· Fla.· 1925-01-10 ·cited 34×
  This case concerns whether wives could claim ownership of land against their husbands' judgment creditors. The court held that the wives were not estopped from asserting their ownership and that the deeds transferring the land to them were not voluntary or fraudulent.
• Othelia M. McCLISH v. Rankin
  153 Fla. 324· Fla.· 1943-07-20 ·cited 33×
  In this intestacy dispute, the Florida Supreme Court affirmed that Othelia McClish was not the common-law wife of deceased W.S. Yeager, and therefore his sister Estelle Rankin, as his only heir, is entitled to his estate. The court held that McClish failed to prove a valid common
• Riesen v. Md. Cas. Co.
  153 Fla. 205· Fla.· 1943-06-22 ·cited 33×
  The Florida Supreme Court reviewed a trial court's denial of a motion to dismiss and motion to strike portions of a creditor's bill filed by Maryland Casualty Company against the Riesens to reach assets to satisfy a judgment. The Court held that while the bill had equity as to eq
• In re Donn Kemble v. Griffith Brokerage Co.
  776 F.2d 802· 9th Cir.· 1985-11-01 ·cited 32×
  The court affirmed the district court's order lifting the automatic stay but dismissed the appeal of the order withdrawing the reference for lack of jurisdiction.
• Nat'l Indus., Inc. v. Republic Nat'l Life Ins. Co.
  677 F.2d 1258· 9th Cir.· 1982-05-10 ·cited 32×
  The Ninth Circuit affirmed the district court's grant of summary judgment quieting title in National as to Philip Goldberg's interest in the ranch, but reversed as to Ruth Goldberg's interest, remanding for further proceedings. The court also affirmed the denial of Republic's mot
• J. C. Frell and Jeanne v. Frell
  154 So. 2d 706· Fla. 3d DCA· 1963-06-25 ·cited 32×
  The appellants J.C. Frell and his wife challenged an order setting aside property conveyances made by Thomas C. Frell to them, which the trial court found were fraudulent transfers made to defeat his obligations to pay alimony and support to his ex-wife Nancy Joan Frell. The appe
• Sylvan Beach, Inc. v. Koch
  140 F.2d 852· 8th Cir.· 1944-02-25 ·cited 32×
  The court held that while the bankruptcy court had jurisdiction to determine ownership of property and the right to possession of real estate, it lacked the power in a summary proceeding to enter personal judgments against individuals alleged to be partners or to adjudicate contr
• Punta Gorda State Bank v. Wilder
  93 Fla. 301· Fla.· 1927-02-19 ·cited 32×
  Judgment creditors sought to reach assets fraudulently transferred by their judgment debtor through a creditor's bill in equity. The Florida Supreme Court reversed the trial court's dismissal, holding that when a judgment debtor had legal title to property that was fraudulently c
• Claflin & Thayer v. Ambrose
  37 Fla. 78· Fla.· 1896-01-01 ·cited 32×
  The Florida Supreme Court reversed a lower court decree that upheld several conveyances of property made by Hardee Raulerson to his wife Sarah E. Raulerson, finding that these transfers were fraudulent as to the partnership's creditors because they were made with partnership fund
• Gibson v. Love
  4 Fla. 217· Fla.· 1851-01-01 ·cited 32×
  James Gibson, a surety on an executor's bond, obtained a mortgage on a slave named Henry from John C. Love to secure potential losses. Daniel Love later purchased Henry from Love but retained possession under a hire arrangement. When Gibson foreclosed on the mortgage, Love claime
• In re Tex. Extrusion Corp. v. Lockheed Corp.
  844 F.2d 1142· 5th Cir.· 1988-05-12 ·cited 31×
  The court held that an order approving a disclosure statement is not a final order for purposes of appeal, and that the bankruptcy court's application of Rule 70 was harmless error. The court also affirmed the cancellation of the lis pendens.
• Folsom v. Farmers Bank of Vero Beach
  102 Fla. 899· Fla.· 1931-08-11 ·cited 31×
  The Florida Supreme Court upheld the creation of an equitable lien in favor of Farmers Bank against real property when a debtor obtained collateral on the promise to execute a new mortgage but instead conveyed the property to his daughter without consideration. The court held tha
• Bibby v. Mortg. Invs. Corp.
  987 F.3d 1340· 11th Cir.· 2021-02-17 ·cited 30×·via Fraudulent Transfer
  Relators Victor Bibby and Brian Donnelly brought a False Claims Act qui tam action against Mortgage Investors Corporation alleging that MIC fraudulently charged veterans impermissible fees on VA-backed mortgage refinance loans while falsely certifying compliance with fee regulati
• Gepfrich v. Gepfrich
  582 So. 2d 743· Fla. 4th DCA· 1991-07-10 ·cited 30×
  The homestead exemption under the Florida Constitution does not shield a homeowner from being required to sell his post-dissolution home to satisfy alimony and child support arrearages when the homeowner is attempting to use the exemption fraudulently to defeat his obligations to
• Ringwald v. Harris
  675 F.2d 768· 5th Cir.· 1982-05-14 ·cited 30×
  Where two suits that could have been filed as one are consolidated for all purposes, a judgment disposing of only one suit must comply with Rule 54(b) to be appealable.
• Bambrick v. Bambrick
  165 So. 2d 449· Fla. 2d DCA· 1964-05-29 ·cited 30×
  George Bambrick challenges the dismissal of his complaint attacking the validity of a guardianship over him that was established in Pinellas County (where he was temporarily located) rather than Lake County (his domicile). The court held that while the County Judge's Court in Pin
• United States v. O'Connor
  291 F.2d 520· 2d Cir.· 1961-06-05 ·cited 30×
  The court held that an order appointing a receiver is appealable, but an order appointing a special master is not, especially when exceptional circumstances are not shown and the Tax Court is available. The court affirmed the appointment of the receiver but vacated the appointmen
• In re Tabibian
  289 F.2d 793· 2d Cir.· 1961-04-26 ·cited 30×·via Fraudulent Transfer
  The court held that the referee's findings, particularly regarding the bankrupt's lack of fraudulent intent in asset transfers and false oaths, were not clearly erroneous and should be upheld.
• Harkins v. Holt
  124 Fla. 774· Fla.· 1936-07-08 ·cited 30×
  This case concerns whether a bankruptcy trustee can set aside fraudulent conveyances made by a bankrupt husband to his wife after the husband's discharge in bankruptcy. The court held that the discharge is personal to the bankrupt and does not prevent the trustee from recovering
• Balsley v. Union Cypress Co.
  92 Fla. 706· Fla.· 1926-09-22 ·cited 30×
  The Florida Supreme Court affirmed the lower court's decision overruling demurrers to a creditor's bill seeking to annul allegedly fraudulent conveyances of real property. The court held that when a judgment debtor has legal title to property that is fraudulently conveyed, a cred
• Addison P. McKeown v. Allen
  37 Fla. 490· Fla.· 1896-01-01 ·cited 30×
  This case involves a fraudulent conveyance claim where a husband conveyed real property and livestock to his wife by deed stating nominal consideration (one dollar) when he was indebted. The Florida Supreme Court held that such voluntary conveyances are presumptively fraudulent a
• Invo Fla., Inc. v. Somerset Venturer, Inc.
  751 So. 2d 1263· Fla. 3d DCA· 2000-03-15 ·cited 29×·via Fraudulent Transfer
  Invo appeals a summary judgment dismissing its fraudulent transfer and breach of fiduciary duty claims under Florida's economic loss rule. The court reverses, holding that the economic loss rule does not bar claims under the Uniform Fraudulent Transfer Act or well-established tor
• Panther Pumps & Equip. Co., Inc. v. Hydrocraft, Inc.
  566 F.2d 8· 7th Cir.· 1977-11-01 ·cited 29×
  The court held that the SPRAYMATE B pump is a colorable imitation and equivalent of the infringing SPRAYMATE pump, and thus its manufacture and sale by Universal, Beck's alter ego, violated the injunction. The court also held that Beck and Universal should have been substituted a
• E. E. Marshall de bonis non of the Estate of Mathew A. Marshall v. Hollywood, Inc.
  224 So. 2d 743· Fla. 4th DCA· 1969-06-30 ·cited 29×
  E. E. Marshall, as administrator of the estate of Mathew A. Marshall, appealed from dismissal of his complaint seeking to recover real property allegedly fraudulently transferred in 1924. The court held that the Florida Marketable Title Act barred Marshall's claim because the def
• Regero v. Daugherty
  69 So. 2d 178· Fla.· 1953-12-08 ·cited 29×
  A daughter challenged a deed transferring homestead property from her mother to her sister on grounds of fraud and lack of consideration. The Florida Supreme Court affirmed the lower court's decision upholding the deed, holding that homestead property is alienable and that the da
• Lab. Corp. OF Am. v. McKOWN
  829 So. 2d 311· Fla. 5th DCA· 2002-10-25 ·cited 28×·via Fraudulent Transfer
  Laboratory Corporation of America appeals a trial court judgment finding that Gerald McKown's written personal guarantee was ambiguous and that parol evidence showed no meeting of the minds on personal liability. The appellate court reverses, holding that the guarantee's language
• Deford v. SOO Line R.R. Co.
  867 F.2d 1080· 8th Cir.· 1989-02-09 ·cited 28×
  The Railway Labor Act (RLA) and the Interstate Commerce Act (ICA) do not completely preempt state law claims, thus removal to federal court was improper.