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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The court denied the motion for default judgment without prejudice because a summary judgment motion on the same claims was pending and to avoid inconsistent judgments.
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M.D. Fla.·
2023-06-16
The court granted summary judgment for the United States, holding that federal tax liens attach to all of Williams' property, including the Sanibel Property, and that Williams owes the assessed tax liabilities, penalties, and interest.
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M.D. Fla.·
2023-06-15
Regions Bank sought to recover over $14 million in judgments from debtor William P. McCuan by avoiding multiple asset transfers made between 2008 and 2012 as fraudulent under Florida law and the Bankruptcy Code. The District Court affirmed the Bankruptcy Court's judgment in favor
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Fla. 3d DCA·
2023-06-07
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M.D. Fla.·
2023-06-07
The court held that discovery should be stayed pending resolution of the underlying issues determining creditor status.
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Fla. 3d DCA·
2023-06-07
Summary judgment is improper when the parties' affidavits present conflicting evidence on material facts that must be resolved by the trier of fact.
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Fla. 6th DCA·
2023-06-02
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The court held that it lacked subject-matter jurisdiction because the amended complaint failed to allege a federal question or adequately establish supplemental jurisdiction.
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The court held that the complaint was a shotgun pleading and therefore stricken, and the motion for a preliminary injunction was denied without prejudice for failure to provide notice.
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S.D. Fla.·
2023-05-16
The court denied the plaintiff's renewed motion for a preservation order because the plaintiff failed to demonstrate necessity or undue burden.
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M.D. Fla.·
2023-05-15
The court held that the defendants waived their right to compel arbitration because they substantially invoked the litigation machinery in prior proceedings before seeking arbitration.
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M.D. Fla.·
2023-05-02
The court granted the defendant's motion to dismiss the plaintiff's claims for fraudulent transfer and conversion.
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The court recommended granting default judgment for violations of the Florida Uniform Fraudulent Transfer Act and Aiding and Abetting Breaches of Fiduciary Duties, but denied the Unjust Enrichment claim as moot because it was pled in the alternative.
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S.D. Fla.·
2023-03-20
The court granted the motion to transfer venue, finding it in the interest of justice and for the convenience of the parties.
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M.D. Fla.·
2023-02-17
The court held that the Magistrate Judge's recommendation to deny the plaintiff's motion for summary judgment on the defendants' counterclaims should be adopted, overruling the plaintiff's objections.
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M.D. Fla.·
2023-02-13
The court granted default judgment for unpaid federal income taxes and found a transfer of property to a trust to be fraudulent, allowing collection efforts up to the full judgment amount.
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S.D. Fla.·
2023-02-09
The court held that the defendant's default was willful, thus denying his motion to vacate, and granted the plaintiff's motion for default judgment because the well-pleaded allegations stated a claim for relief.
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M.D. Fla.·
2023-01-26
The court granted in part Plaintiff's motion, allowing impleader of third parties but requiring a separate supplemental complaint for alter-ego claims.
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M.D. Fla.·
2023-01-09
The court held that sanctions were not warranted against the plaintiff for filing an amended complaint or an emergency motion, as these actions were not objectively frivolous or presented for an improper purpose at this stage.
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Fla. 2d DCA·
2022-12-05
The appellate court reviewed a trial court's order certifying a class of former golf club members seeking refunds of membership fees. The court affirmed the certification, finding that common issues of law and fact predominated and that the class met the requirements for certific
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Fla. 2d DCA·
2022-12-05
The appellate court affirmed the trial court's decision to certify a class of former country club members seeking refunds of membership fees. The court found that common issues of law and fact predominated, despite potential individual differences in damages or affirmative defens
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S.D. Fla.·
2022-12-01
The court granted the parties' requests to take judicial notice of listed court records and recorded instruments, with limitations on the use of factual assertions from those records.
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M.D. Fla.·
2022-11-18
The court held that the defendants' motion for a protective order was denied, and the plaintiff's motion to compel discovery and for sanctions was granted.
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M.D. Fla.·
2022-10-31
The court held that a motion to supplement the record on appeal must be denied if the materials were not considered by the lower court or were not omitted by error or accident.
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S.D. Fla.·
2022-10-14
The court held that the plaintiff failed to comply with statutory requirements for commencing supplementary proceedings and impleading third parties, and also failed to meet the standard for appointing a receiver.
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Fla. 4th DCA·
2022-10-12
Appellant challenged a garnishment order against a bank account designated on the signature card as held by tenants by the entirety with his wife. The court held that an express designation of tenancy by the entirety on a bank signature card ends the inquiry into ownership form a
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M.D. Fla.·
2022-09-23
The bankruptcy trustee for Universal Health Care Group sought to avoid and recover a $33.4 million stock redemption as a fraudulent transfer, alleging that private equity investor Warburg Pincus used a debt-financed redemption to exit its investment while concealing material info
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M.D. Fla.·
2022-09-14
The court held that the defendants' motion to compel further responses to interrogatories was denied because the requested insurance information was not discoverable under Rule 26 and the contention interrogatories were not relevant to the claims in the current action.
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S.D. Fla.·
2022-08-06
A jury demand alone does not constitute sufficient cause for immediate withdrawal of a bankruptcy reference, especially at the early stages of an adversary proceeding.
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M.D. Fla.·
2022-08-05
The court granted the plaintiff's motion for inspection of real property, finding the request unopposed and the inspection relevant to the fraudulent transfer claim.
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Fla. 4th DCA·
2022-07-27
The appellate court affirmed most of the trial court's judgment regarding fraudulent transfers and equitable liens but reversed the decision preventing foreclosure on a homestead property purchased with fraudulently obtained funds. This clarifies that homestead protections do not
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379 F. Supp. 3·
M.D. Fla.·
2022-07-11
A settlement agreement, even if it includes FLSA claims, is binding as to non-FLSA claims if it contains a severability clause and valid promises remain after excising the unenforceable FLSA portion.
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M.D. Fla.·
2022-06-30
The court held that a preliminary injunction is unwarranted because the plaintiff failed to establish irreparable harm, as the remedies sought relate to collecting a money judgment and adequate legal remedies exist.
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S.D. Fla.·
2022-05-24
The court denied Mediaset's motion for leave to file an interlocutory appeal because the question of personal jurisdiction is fact-intensive and not a controlling question of law.
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S.D. Fla.·
2022-05-12
The court held that the defendants' motions to dismiss were granted in part and denied in part, denying collateral estoppel and indispensable party defenses, and finding the alter ego and fraudulent transfer claims sufficiently pleaded.
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341 So. 3d 374·
Fla. 3d DCA·
2022-05-11
Mark Wallace, as trustee and personal representative, sued Yanelin Torres-Rodriguez to recover approximately $7 million in tenancy by the entirety marital assets that his father Milton fraudulently transferred to Yanelin during his marriage to Patricia, in violation of their Irre
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Fla. 3d DCA·
2022-05-04
A judgment creditor appealed the dismissal of a fraudulent transfer action brought under Florida's Uniform Fraudulent Transfers Act. The trial court dismissed the claim as time-barred under section 726.110, which imposes a four-year limitations period from the date of transfer. T
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S.D. Fla.·
2022-05-02
The court denied eCapital's motion for summary judgment because genuine disputes of material fact exist regarding whether GMF received reasonably equivalent value for the transfers, a key element for constructive fraudulent transfer claims.
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S.D. Fla.·
2022-04-15
The court denied the motions to commence proceedings supplementary without prejudice because the movant failed to describe the judgment debtor's property and attach proposed notices to appear as required by statute.
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S.D. Fla.·
2022-04-12
The court held that the amended complaint must be dismissed for failure to establish subject-matter jurisdiction and for failing to meet pleading standards under Federal Rules of Civil Procedure 8(a) and 9(b).
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M.D. Fla.·
2022-03-29
Summary judgment was granted against individual defendants for actual fraudulent transfers, and default judgment was entered against Accessory 4G LLC.
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The court held that a supplemental complaint alleging fraudulent transfers and other claims constitutes an independent civil action, warranting a case management order and a stay of discovery. The court also found good cause and unusual circumstances to grant the stay.
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S.D. Fla.·
2022-02-25
The court held that a procuring cause claim requires a completed sale and is inapplicable when payment is based on an express contract, and that sufficient facts were alleged to pierce the corporate veil and proceed with fraudulent transfer claims against the individual defendant
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Fla. 3d DCA·
2022-02-02
A trial court may exercise jurisdiction over a non-resident defendant in possession of assets located in Florida in proceedings supplementary only if the judgment debtor retains an executable interest in those assets; the case must be remanded for a limited evidentiary hearing to
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Fla. 3d DCA·
2022-01-19
Florida courts may exercise specific jurisdiction over nonresident defendants under the long-arm statute when the complaint alleges tortious communications directed at the state and tortious conduct occurring in Florida in furtherance of a conspiracy, even if the core fraudulent
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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.
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Fla. 2d DCA·
2022-01-14
The appellate court reversed portions of a final judgment in a contentious marriage dissolution case. The court found the trial court erred by granting partial summary judgment to additional defendants and disregarding the Former Wife's evidence regarding commingling of assets, w
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S.D. Fla.·
2021-12-03
The court denied the omnibus motion for renewed judgment as a matter of law, judgment notwithstanding the verdict, new trial, and relief from judgment.
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Fla. 1st DCA·
2021-11-03
The appellate court affirmed the trial court's order disqualifying the law firm Carver Darden from representing First Fidelity. The court found that Carver Darden's prior representation of a court-appointed receiver, which involved assisting in levying a special assessment, creat
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Fla. 1st DCA·
2021-11-03
The appellate court affirmed the trial court's order disqualifying a law firm, Carver Darden, from representing First Fidelity. The disqualification was based on a conflict of interest arising from the firm's prior representation of a court-appointed receiver for Shelter Cove Con