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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Fla. 1st DCA·
2021-11-03
The appellate court affirmed the trial court's decision to disqualify the law firm Carver Darden from representing First Fidelity. The disqualification was based on a conflict of interest, as the firm had previously represented the court-appointed receiver for Shelter Cove Condom
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Fla. 2d DCA·
2021-09-29
A trial court's order requiring production of documents without explanation or analysis of whether statutory accountant-client and attorney-client privileges apply constitutes a departure from the essential requirements of law warranting certiorari relief. The trial court must sp
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M.D. Fla.·
2021-09-17
The Court denied all motions to dismiss, finding that the receiver's claims for fraudulent transfers and unjust enrichment were sufficiently stated and that jurisdiction, venue, and service of process were proper.
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M.D. Fla.·
2021-08-10
The court granted the motions to dismiss, finding insufficient allegations to establish personal jurisdiction over the defendants and that the claims failed to state a claim upon which relief could be granted.
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Del. Super. Ct.·
2021-07-09
The court granted summary judgment for H&M on Savant's claims for declaratory judgment (Count I) and breach of contract (Count III), finding Savant had abandoned Count I and that Count III was duplicative. The court dismissed Savant's claim for declaratory judgment regarding proc
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M.D. Fla.·
2021-06-29
The court held that genuine issues of material fact exist regarding fraudulent concealment and inquiry notice, thus denying the motion for summary judgment.
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Del. Ch.·
2021-06-16
The court found that Albert Adriani fraudulently induced Sehoy Energy LP and Dean Ketcham to invest in his fund, Focus Fund. Adriani misrepresented the fund's investment strategy, leading the plaintiffs to believe it would invest in publicly traded securities, when in reality, he
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Del. Super. Ct.·
2021-06-02
The Court denied in part and granted in part the defendants' motion to dismiss. The court found that it had personal jurisdiction over JH, that CIBC adequately pleaded damages, and that the fraudulent transfer, breach of contract (as to certain agreements), and unjust enrichment
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M.D. Fla.·
2021-05-24
The court held that it lacked subject matter jurisdiction because the plaintiff failed to establish federal question jurisdiction and the complaint constituted a shotgun pleading.
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M.D. Fla.·
2021-04-23
Valley National Bank lacks standing to appeal the bankruptcy court's order because it has neither Article III standing nor the "person aggrieved" standing required under the Bankruptcy Code.
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M.D. Fla.·
2021-04-09
The court held that the plaintiff's motion to transfer venue to the Middle District of Florida is granted because changed circumstances have rendered the original venue improper and the Middle District is a more convenient and appropriate forum.
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S.D. Fla.·
2021-04-09
The court held that the plaintiff's motion to transfer venue to the Middle District of Florida should be granted because changed circumstances made the original venue improper and the Middle District is a more convenient and appropriate forum.
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M.D. Fla.·
2021-03-24
The court granted the unopposed motion to transfer the case to the Northern District of Illinois.
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M.D. Fla.·
2021-03-08
The court held that the bankruptcy court properly denied the motion for relief from stay because the arbitration agreement was not binding on Lisa Laubenstein and the claims sought to be arbitrated were core bankruptcy proceedings.
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S.D. Fla.·
2021-01-05
The court held that the plaintiff adequately pleaded standing to enforce the promissory note and security interest, but failed to adequately plead fraud based on future promises.
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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.
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The court granted the plaintiff's motion for default judgment against the defaulted defendants on claims under Florida's Uniform Fraudulent Transfer Act.
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M.D. Fla.·
2020-11-19
The court held that defendants were not entitled to a jury trial in proceedings supplementary to enforce a judgment, as the claims involved equitable remedies under the Uniform Fraudulent Transfers Act.
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S.D. Fla.·
2020-09-28
The court affirmed in part and adopted in part the Magistrate Judge's Report and Recommendation, denying the motion to transfer venue and granting in part and denying in part the motion to dismiss.
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S.D. Fla.·
2020-09-25
The court granted in part and denied in part the motion to dismiss, finding the receiver has standing for FUFTA claims but must amend to adequately plead the creditor-debtor relationship and other deficiencies.
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M.D. Fla.·
2020-09-01
The court held that a defendant is not required to investigate jurisdictional facts to trigger the 30-day removal deadline under 28 U.S.C. § 1446(b)(1).
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Fla. 5th DCA·
2020-08-06
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M.D. Fla.·
2020-07-29
The court granted the Receiver's motions for default final judgment against both defendants, entering judgment for specific sums and taxing costs.
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M.D. Fla.·
2020-07-17
The district court affirmed the bankruptcy court's decision that ADP acted as a mere conduit, finding no genuine issues of material fact and denying the Trustee's appeal. The court also denied ADP's motion for sanctions.
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M.D. Fla.·
2020-05-22
The court adopted the Magistrate Judge's report and recommendation, granting default judgment against the defendants for breach of contract, fraud, and fraudulent transfer, and awarding damages.
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M.D. Fla.·
2020-05-19
The court denied the motion to dismiss but sua sponte dismissed the complaint due to shotgun pleading, ordering the United States to file an amended complaint.
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Fla. 5th DCA·
2020-04-24
A property owner who had actual knowledge of a fraudulent transfer but failed to take action to record notice of his claim for more than a year is barred by laches and equitable estoppel from recovering the property from a subsequent bona fide purchaser for value without notice.
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S.D. Fla.·
2020-04-08
The court held that the Mills were not prevailing parties entitled to attorney's fees under Florida Statute § 57.105 because they consented to the bankruptcy court's abstention on the contractual indemnity claim, and the common law indemnity claim was a good faith attempt to exte
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S.D. Fla.·
2020-03-27
The court held that federal tax liens can attach to a debtor's interest in tenancy by the entireties property, and that Florida's Uniform Fraudulent Transfer Act (FUFTA) does not preclude the government from setting aside a transfer of such property made with actual intent to hin
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M.D. Fla.·
2020-02-27
The court affirmed the bankruptcy court's order denying disqualification, but vacated the finding that Rule 2014 was not violated, remanding for further proceedings.
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M.D. Fla.·
2020-02-27
The court held that the plaintiff satisfied the statutory requirements to commence proceedings supplementary to execution and to issue notices to appear to third parties.
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S.D. Fla.·
2020-02-27
St. Martinus University, a Curaçao-based educational institution, sued Caribbean Health Holding and its members for fraud, embezzlement, and other torts related to disputed membership interests in the university and allegedly fabricated promissory notes, as well as misappropriate
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The court held that the shorter limitations period under Florida's Uniform Fraudulent Transfer Act applies to claims brought under that Act in supplementary proceedings, but a money judgment may be sought under Fla. Stat. § 56.29(3)(b).
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M.D. Fla.·
2020-02-11
The United States brought this action under 26 U.S.C. § 7402 to reduce federal tax liabilities and enforce tax liens against real property in Orlando, Florida held by Joseph Cornwell's alter ego, limited liability company JOMICO, LLC. The court entered default judgment against Co
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S.D. Fla.·
2020-02-05
The Court adopts in part and declines to adopt in part the magistrate judge's report, granting in part and denying in part the defendants' motions to dismiss.
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M.D. Fla.·
2019-12-19
A judgment creditor can initiate proceedings supplementary to execute on a judgment, including filing a supplemental complaint to pursue fraudulent transfers and impleading third parties, provided statutory prerequisites are met.
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S.D. Fla.·
2019-11-12
A receiver pursuing fraudulent transfer claims against Yellow Brick UK and Yellow Brick US alleged that the latter was the alter ego of the former and that both entities had improperly received funds ($164,833) wired by an insolvent company controlled by a fraudster. The court de
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Del. Ch.·
2019-11-01
The Court of Chancery granted in part the defendants' motion to dismiss, dismissing counts alleging fraudulent transfers, breach of fiduciary duties, shareholder oppression, and breach of the implied covenant of good faith and fair dealing. The court found that the plaintiff fail
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S.D. Fla.·
2019-09-24
The court held that deposits into a debtor's own unrestricted bank accounts do not constitute 'transfers' under bankruptcy or Florida fraudulent transfer law, and affirmed the denial of leave to amend the complaints as futile.
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Del. Super. Ct.·
2019-04-26
The Superior Court temporarily stayed a fraudulent transfer action (Case #3) pending the resolution of issues in a related judgment and garnishment action (Case #2). The court found that the complex interplay of parties, potential conflicts of interest, and unresolved issues in C
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Fla. 3d DCA·
2019-03-13
This case involves a judgment creditor seeking to collect a large debt by filing notices of lis pendens against properties allegedly transferred fraudulently by the debtor. The appellate court reviewed several related non-final orders concerning the discharge of these notices, ju
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Fla. 3d DCA·
2019-03-13
This case involves a judgment creditor seeking to collect a large debt by filing notices of lis pendens against properties allegedly transferred fraudulently by the debtor. The appellate court reviewed several related non-final orders concerning the discharge of these notices, ju
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The appellate court affirmed the trial court's dismissal of several counts in Monique Abitbol's complaint. The court found that Florida law does not recognize separate civil claims for the intentional dissipation of marital assets, and such claims must be addressed within the fra
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Del. Ch.·
2019-01-23
The appellate court affirmed the trial court's grant of a preliminary injunction, finding that the plaintiff corporation demonstrated a reasonable probability of success on the merits regarding claims of breach of fiduciary duty of loyalty and fraudulent transfer, an imminent thr
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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
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254 So. 3d 535·
Fla. 3d DCA·
2018-05-30
In this appeal from a supplementary proceedings judgment, the Florida District Court of Appeal, Third District held that a trial court did not violate the federal bankruptcy automatic stay when it impleaded non-debtor third-party defendants (the owners and related entities of a d
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254 So. 3d 535·
Fla. 3d DCA·
2018-05-30
The automatic bankruptcy stay under 11 U.S.C. § 362 does not preclude a trial court from impleading non-debtor third parties into supplementary proceedings where the proceedings do not seek to void fraudulent transfers and the stay extends only to actions against the bankruptcy d
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Del. Ch.·
2017-11-21
The Court denied the motion to disqualify MNAT from representing the plaintiffs. The Court found no implied attorney-client relationship between MNAT and the defendants and determined that even if a technical violation of professional conduct rules occurred, it did not prejudice
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Appellants Marcus Berto and Werner Batista appealed an ex parte temporary injunction freezing nearly $63 million in assets in Florida. The Florida District Court of Appeal reversed and remanded, finding the trial court's order facially deficient and that the allegations were insu
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Del. Super. Ct.·
2017-03-02
The court granted Plaintiffs' Renewed Motion for Partial Summary Judgment on Defense Costs, finding that the "U.S. Bank Action" constituted a "Securities Claim" under the "Idearc Runoff Policies." Consequently, the court denied Defendants' Motion for Summary Judgment.