705 Florida cases classified under this topic, plus 89 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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S.D. Fla.·
2025-05-23
The court granted in part and denied in part the motions to dismiss, finding it had jurisdiction and that the litigation privilege was inapplicable, while dismissing some claims with leave to amend.
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M.D. Fla.·
2025-04-14
The court granted in part Plaintiff's motion to commence proceedings supplementary, allowing impleader of third parties upon proper filing of notices.
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M.D. Fla.·
2025-02-12
Rustik Haws, LLC, a publishing company, sued defendants for misappropriating its trade secrets, clients, and copyrighted materials after IDENTIQA Solutions and a competitor, Lime Press, improperly accessed its confidential information and diverted customers through deceptive prac
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M.D. Fla.·
2025-01-24
Federal district courts lack subject matter jurisdiction over claims that effectively seek to review or overturn state court judgments, as barred by the Rooker-Feldman doctrine.
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401 So. 3d 382·
Fla. 4th DCA·
2025-01-22
The trial court erred in granting a directed verdict on breach of contract claims against Mia Coffee because Herman presented sufficient evidence that Mia Coffee assumed San Giorgio's obligation to pay commissions, either through express or implied assumption as an assignee or th
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M.D. Fla.·
2025-01-03
The court affirmed the bankruptcy court's denial of relief under Federal Rule of Civil Procedure 60, finding that the appellants failed to satisfy the conditions for relief under any of its provisions.
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Fla. 2d DCA·
2024-12-27
Rule 12.540(b)(5) relief requires new post-judgment circumstances that make prospective application of the judgment inequitable; where a final judgment defers resolution of a debt to pending litigation and the parties subsequently resolve that debt through their own litigation ch
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The court held that a motion to dismiss based on asset exemptions is premature when the governing law for those exemptions is disputed and the complaint plausibly states a claim under the law of the jurisdiction with the most significant relationship to the transfer.
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S.D. Fla.·
2024-12-16
The court granted the judgment creditor's motion to commence supplementary proceedings and implead third parties, finding the statutory prerequisites were met.
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S.D. Fla.·
2024-12-12
The court adopted the magistrate judge's recommendation to deny the plaintiff's request for attorney's fees and costs with prejudice due to repeated failures to comply with court rules and directives.
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M.D. Fla.·
2024-11-22
The court held that it lacked ancillary jurisdiction to consider the plaintiffs' reverse corporate piercing claim because it sought to impose liability on a third party not already liable for the original judgment.
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Fla. 5th DCA·
2024-11-08
A verified declaration signed under penalties of perjury constitutes sufficient sworn proof to contest personal jurisdiction under Venetian Salami, and when a defendant makes a prima facie showing of lack of jurisdiction through such a declaration and the plaintiff fails to file
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S.D. Fla.·
2024-11-08
The court recommended granting in part and denying in part the plaintiff's motion for default judgment, finding sufficient allegations for breach of contract but not for declaratory judgment or fraudulent transfer.
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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
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A pharmaceutical company's RICO and breach of contract claims against a distributor were largely dismissed on summary judgment, with the court finding that the company (Virtus) was collaterally estopped from arguing that the distributor's criminal conduct caused its losses, since
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S.D. Fla.·
2024-09-17
The court held that it retains subject-matter jurisdiction over the case because the intervening SBG Entities are not indispensable parties under Rule 19(b), despite the destruction of complete diversity.
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M.D. Fla.·
2024-09-16
The court held that the amended complaint sufficiently alleged facts to withstand a motion to dismiss for failure to state a claim under Florida's Uniform Fraudulent Transfer Act (FUFTA).
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S.D. Fla.·
2024-08-29
The court granted partial summary judgment for the defendant on special damages, limiting the plaintiff's recoverable damages to general damages and attorney's fees for a quiet title action, and denied the plaintiff's motion for summary judgment on duty, breach, and causation.
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S.D. Fla.·
2024-08-28
The court recommended granting the motion to dismiss the supplemental complaint with leave to amend because it failed to sufficiently plead fraudulent transfer claims and constituted a shotgun pleading.
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S.D. Fla.·
2024-08-13
A motion for default judgment must include a meaningful memorandum of law explaining the elements of the claims and damages requested, not merely conclusory allegations.
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Del.·
2024-06-10
The Delaware Supreme Court affirmed the Superior Court's decision, holding that Zurich American Insurance Company has no duty to advance defense costs for the Eddystone Litigation. The Court found that the underlying claim arose from a breach of contract that occurred after the "
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S.D. Fla.·
2024-04-19
The court held that the crime-fraud exception applies to certain emails, requiring their production, because the plaintiff made a prima facie showing of fraudulent conduct and the emails were related to that conduct.
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390 So. 3d 154·
Fla. 3d DCA·
2024-04-03
Deeds procured by fraud are voidable in equity, and a corporation that wholly entrusts a transaction to an agent bears the risk that the agent's knowledge of misconduct will be imputed to the corporation under the sole actor doctrine, rendering the bona fide purchaser defense ina
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390 So. 3d 154·
Fla. 3d DCA·
2024-04-03
Lemano Investments appeals summary judgment in favor of RGF Athena in a property ownership dispute. The court affirmed, holding that RGF Athena had superior title to two Miami properties that were fraudulently transferred by Frederic Henry, a manager of both companies, without au
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M.D. Fla.·
2024-03-31
A bankruptcy trustee for Universal Health Care Group brought fraudulent transfer claims against private equity firm Warburg Pincus and its investment fund over a 2011 stock redemption funded by debt, along with breach of fiduciary duty claims against Warburg and its representativ
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S.D. Fla.·
2024-03-29
The court adopted the magistrate judge's recommendation, dismissing one plaintiff's claims with prejudice and holding both plaintiffs jointly and severally liable for sanctions due to their repeated failure to comply with court orders regarding mediation and hearings.
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M.D. Fla.·
2024-03-28
The court held that the defendant's investment should be assessed independently and granted summary judgment because the plaintiff failed to present evidence of actual or constructive fraud related to the defendant's stock redemption.
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M.D. Fla.·
2024-03-25
The court affirmed the magistrate judge's rulings on discovery and adopted the report and recommendation on summary judgment, finding no material breach of the settlement agreement's confidentiality clause.
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M.D. Fla.·
2024-03-18
The court held that the doctrine of claim-splitting does not preclude the plaintiff's second fraudulent transfer action because it involves new and independent claims arising from different transactions and means than the first action.
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A claim for fraudulent transfer under Florida's Uniform Fraudulent Transfer Act is a separate and distinct cause of action from common law fraud and corporate veil piercing, and therefore prior rulings rejecting those claims do not bar a subsequent fraudulent transfer claim under
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A partial final judgment authorizing immediate execution must be quashed when the resolved claims and pending claims rely on the same operative facts and are intertwined, as execution would cause irreparable harm and constitute a departure from the essential requirements of law.
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The court denied the defendant's motion for reconsideration, finding no manifest error of law or fact in its prior summary judgment rulings.
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Del.·
2023-12-15
The Delaware Supreme Court reversed the Superior Court's decision, holding that the litigation trust's state law fraudulent transfer claims were direct, not derivative, and therefore did not qualify as "Securities Claims" under the insurance policies. The Court emphasized that th
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S.D. Fla.·
2023-11-22
The court affirmed the magistrate judge's report and recommendation, granting in part and denying in part the defendant's motion to dismiss, denying abstention, and denying jurisdictional discovery as moot.
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M.D. Fla.·
2023-11-13
The court denied the United States' motion for default judgment because service of process was inadequate, as the proof of service only indicated service of the summons and not the complaint.
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Fla. 4th DCA·
2023-11-08
When a default judgment has been entered on liability, a trial court errs by directing a verdict on liability as to those defaulted claims. An administrator ad litem may pursue a contribution claim based on foreign law when the claim seeks money damages for the decedent's contrib
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M.D. Fla.·
2023-10-31
The district court reversed the bankruptcy court's dismissal, holding that the Rooker-Feldman doctrine did not bar the claims because the appellant was not a party to the state court foreclosure judgment, and remanded the fraudulent transfer claim for further consideration.
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M.D. Fla.·
2023-10-27
The court held that while the plaintiff is the prevailing party entitled to costs, the award is reduced by half due to the close nature of the case and the defendants' good faith, and certain costs require amendment for adequate proof.
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M.D. Fla.·
2023-09-29
The court granted summary judgment in part, finding the defendant breached her fiduciary duty as trustee and that her transfer of property was both actually and constructively fraudulent, while denying the claim for overdue distribution as a separate cause of action.
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Fla. 2d DCA·
2023-09-15
The appellate court reversed an order compelling arbitration, finding that the claims brought by the Limited Partners did not fall within the narrow scope of the arbitration clause in the Partnership Agreement. The clause only applied to disputes concerning the meaning or interpr
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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
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Fla. 3d DCA·
2023-08-30
A trial court has authority to extend a notice of lis pendens beyond the one-year statutory period if the movant provides reasonable notice and establishes good cause, regardless of when the motion is filed. The trial court erred in treating the motion as procedurally barred simp
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M.D. Fla.·
2023-08-25
The court granted in part and denied in part motions for protective orders and to compel, modifying a subpoena to a non-party due to undue burden but denying a similar claim by another non-party.
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The court held that the Receiver is entitled to summary judgment on his claim for fraudulent transfers under the Florida Uniform Fraudulent Transfer Act, as the defendants received false profits from a Ponzi scheme and failed to establish affirmative defenses of good faith or rea
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M.D. Fla.·
2023-08-11
The court granted the defendant's motion to transfer the case to the Middle District of Florida, finding it to be a proper and more convenient forum.
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M.D. Fla.·
2023-08-03
The Shaman Parties are granted their motion for sanctions and orders to show cause, entitling them to expenses and requiring Attorney Graham to explain his conduct.
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M.D. Fla.·
2023-07-24
The court held that the Shaman Parties' motion to compel depositions of Mr. O'Neal's former counsel was granted because Mr. O'Neal injected his counsel's knowledge of the settlement agreement into the litigation.
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S.D. Fla.·
2023-07-20
A bankruptcy estate's chapter 7 trustee and a creditor settled their dispute over a commercial property through a settlement agreement that included cash bond repayment, joint sale of their respective property interests, and mutual releases, and the district court affirmed the ba
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M.D. Fla.·
2023-07-12
The court held that an email was discoverable because its inadvertent disclosure waived work-product protection and the opposing party injected the issue of the email's contents into the litigation.
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M.D. Fla.·
2023-07-11
The court held that the plaintiff's First Amended Complaint sufficiently alleged claims under Florida's Uniform Fraudulent Transfer Act (FUFTA) to withstand a motion to dismiss.