Fraudulent Sale

26 Florida cases classified under this topic · sorted by citation count · browse and sort

• The Greater Iowa Corp. v. McLENDON
  378 F.2d 783· 8th Cir.· 1967-05-19 ·cited 77×
  The court held that plaintiffs, as neither purchasers nor sellers of the securities in question, lacked standing to bring claims under Sections 5(a), 17(a), and 10(b) of the Securities Acts, and also lacked standing to assert violations of Section 7 of the Investment Company Act
• Allen v. Kennedy
  710 F.2d 711· 11th Cir.· 1983-07-28 ·cited 55×
  The court held that the appellants violated Rule 10b-5 by engaging in a fraudulent scheme in connection with the sale of securities, and that the district court properly denied their motion to dismiss, certified the class action, and made no clearly erroneous findings of fact.
• Collins Sec. Corp. & Timothy Collins v. Sec. & Exch. Comm'n
  562 F.2d 820· D.C. Cir.· 1977-08-12 ·cited 40×
  The court held that the SEC erred in using the 'preponderance of the evidence' standard for fraud allegations and that the case must be reconsidered under the 'clear and convincing evidence' standard. The court also directed the SEC to consider the applicability of the scienter r
• Little v. United States
  331 F.2d 287· 8th Cir.· 1964-05-06 ·cited 30×
  The court held that the appellant's conviction under the Securities Act of 1933 was valid, as the deposit and subsequent clearance of checks through the banking system constituted an indirect use of interstate commerce or the mails in furtherance of his fraudulent scheme.
• United States v. Forrest Parrott and Donald Parrott
  425 F.2d 972· 2d Cir.· 1970-04-20 ·cited 28×
  The court held that the appellants' convictions for conspiracy to sell unregistered securities and related fraud charges were not invalidated by claims of speedy trial violations or other alleged errors, affirming the lower court's judgment.
• Sec. & Exch. Comm'n v. Bartlett
  422 F.2d 475· 8th Cir.· 1970-02-17 ·cited 26×
  The court held that the trial judge's remarks did not demonstrate bias and that continuing the receivership for liquidation was justified.
• Finlayson v. Lipscomb
  16 Fla. 751· Fla.· 1878-06-01 ·cited 12×
  In this mortgage foreclosure dispute, the Florida Supreme Court affirmed a decree of foreclosure against John B. Lipscomb, rejecting his defense that the mortgagee (W. J. Hines, acting as executor and trustee) had agreed to cancel the mortgage debt in exchange for bidding in the
• City OF Lake Worth v. First Nat'l Bank IN Palm Beach
  93 So. 2d 49· Fla.· 1957-02-06 ·cited 11×
  The City of Lake Worth sued to recover municipal funds paid to bond dealer Truman Lifsey for bonds that were never delivered. The city recovered against the estate, but appealed the trial court's dismissal of the city treasurer Stimson and his surety. The Florida Supreme Court re
• Pianeta Miami, Inc. v. Lieberman
  949 So. 2d 215· Fla. 3d DCA· 2006-11-15 ·cited 10×
  Pianeta Miami appeals from a trial court order denying its motion to release funds held in escrow that exceeded the final judgment amount plus prejudgment interest. The court holds that the order improperly restrains Pianeta's unrestricted assets and constitutes an unjustified in
• Sparks v. State
  256 So. 2d 537· Fla. 4th DCA· 1972-01-14 ·cited 10×
  Samuel Sparks was convicted of three securities violations arising from a single transaction. The appellate court affirmed convictions for selling unregistered securities and operating as an unregistered dealer, but reversed the conviction for fraudulent sale because the evidence
• United States v. Herr
  338 F.2d 607· 7th Cir.· 1964-10-27 ·cited 10×
  The court held that the distributor agreements constituted investment contracts and that the defendants' representations and scheme to defraud were supported by sufficient evidence, affirming their convictions.
• Tower Credit Corp. v. State
  187 So. 2d 923· Fla. 4th DCA· 1966-06-16 ·cited 8×
  The Florida Securities Commission sought to enjoin and appoint a receiver over multiple loan companies and individuals for fraudulent securities practices. The court affirmed the trial court's denial of defendants' motion to dissolve the temporary restraining order and vacate the
• Hoey v. Duncan U. Fletcher and John Wurts
  39 Fla. 325· Fla.· 1897-01-01 ·cited 8×
  Fletcher & Wurts, attorneys, sued for libel against bondholders who published a circular letter accusing them of flagrantly violating their duties as attorneys by facilitating a fraudulent sale of property under a trust deed at an unconscionably low price. The Florida Supreme Cou
• State v. Knott
  142 Fla. 728· Fla.· 1940-05-07 ·cited 6×
  The Florida Supreme Court held that a contract for the sale of land coupled with an agreement for the seller to develop the land by planting and cultivating tung trees did not constitute a "dealing in securities" under the Uniform Sale of Securities Act. The court found that the
• Doyle Conner v. Cone
  235 So. 2d 492· Fla.· 1970-05-13 ·cited 5×
  This case addresses whether Florida's prohibition on filled milk (milk with vegetable fat substitutes for milk fat) remains constitutional in light of the 1967 legalization of imitation milk products. The Florida Supreme Court held the filled milk prohibition unconstitutional as
• Butts v. State
  418 So. 2d 468· Fla. 4th DCA· 1982-09-01 ·cited 4×
  Bernard Butts was convicted of aiding and abetting securities fraud in a mortgage note scheme, but the Florida District Court of Appeal reversed due to insufficient evidence linking Butts to any fraudulent misrepresentations or omissions in the actual sale of securities.
• Iowa S. Utils. Co. v. The United States
  348 F.2d 492· Ct. Cl.· 1965-07-16 ·cited 4×
  The court held that the uncollected balance of the Iowa judgment, arising from a breach of fiduciary duty, constituted a deductible bad debt in 1953 when its worthlessness was ascertained.
• Snyderburn v. Bantock
  625 So. 2d 7· Fla. 5th DCA· 1993-09-03 ·cited 3×
  Snyderburn, a receiver for Sunland Mortgage Corporation, sought to enforce an attorney's charging lien for 12% of settlement proceeds in a securities fraud case against investors' counsel. The court partially affirmed and reversed the lower court's refusal to enforce the lien, ho
• Weinberg v. Pennington
  462 So. 2d 862· Fla. 3d DCA· 1985-01-29 ·cited 3×
  The court held that the sale of unregistered securities violated Florida law because the seller failed to provide full and fair disclosure of material information, rendering the exemption inapplicable.
• Quinn R. Barton, Inc. v. Johnson
  143 Fla. 245· Fla.· 1940-05-28 ·cited 3×
  The court reversed a lower court's decree that prohibited a judgment creditor from garnishing a surety's funds. The appellate court found that the surety had not proven the sale of the replevied property was invalid or fraudulent, despite a significant discrepancy between its app
• Burgoyne v. Chadwick Mather Co.
  129 Fla. 850· Fla.· 1937-11-05 ·cited 3×
  The Florida Supreme Court affirmed a lower court's decision dismissing a widow's lawsuit. The widow alleged that two companies fraudulently sold assets to hinder her collection of a debt owed by a third company, but the court found no abuse of discretion by the chancellor in dism
• State v. Fried
  357 So. 2d 211· Fla. 3d DCA· 1978-03-21 ·cited 2×
  The court held that the sale of a single promissory note secured by a mortgage, in a transaction resembling a commercial loan, does not constitute the sale of a 'security' under Florida's securities statutes.
• Marcantonio v. Sansone
  Fla. 6th DCA· 2024-09-30
  Kenneth Marcantonio appealed the trial court's dismissal of multiple counts in his lawsuit against his sister and others, claiming they conspired to deprive him of his rightful share of his parents' trust estate. The appellate court reversed in part, finding that several counts d
• Bostic v. Bodie
  S.D. Fla.· 2023-12-15
  The court denied the defendant's motion for reconsideration, finding no manifest error of law or fact in its prior summary judgment rulings.
• In re Daulton v. Caldwell
  966 F.2d 1025· 6th Cir.· 1992-06-05
  The court held that the bankruptcy court did not abuse its discretion in refusing to enjoin a state criminal action, as the action was not an attempt to collect a discharged debt and was not filed in bad faith.
• Hikes v. McNAMARA Pontiac, Inc.
  510 So. 2d 1212· Fla. 5th DCA· 1987-08-13
  A trial court may grant remittitur in a fraudulent inducement case, but must properly account for trade-in value without double-counting the financed portion of the trade-in vehicle.