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
-
198 So. 3d 1029·
Fla. 5th DCA·
2016-08-12
Nigerian companies appealed the dismissal of their lawsuit against a UK limited company, a Florida LLC, and a Florida resident based on mandatory forum selection clauses. The court affirmed dismissal of contract-based and fraudulent inducement claims subject to the forum selectio
-
Del.·
2016-02-26
The Delaware Supreme Court affirmed the Superior Court's denial of the nonresident officer's motion to dismiss for lack of personal jurisdiction. The Court held that 10 Del. C. § 3114(b) provides a valid statutory basis for jurisdiction under the "necessary or proper party" provi
-
Del. Super. Ct.·
2016-01-27
The Superior Court granted the defendants' motion to dismiss the equitable claims (Counts VI, VII, XII, XIII, XIV, and XV) for lack of subject matter jurisdiction, as these claims fall exclusively within the jurisdiction of the Court of Chancery. The court found that the plaintif
-
Del. Ch.·
2015-10-20
The Delaware Court of Chancery rejected Quadrant's claims that Athilon's January 2015 repurchase of its own notes from Merced constituted a breach of the Senior Indenture, a fraudulent transfer, or a breach of fiduciary duty. The court found that the repurchase did not violate th
-
Del. Ch.·
2015-08-11
The Court grants Development Max's motion to dismiss on forum non conveniens grounds. The Court found that the complexity and unsettled nature of Ukrainian law, coupled with the diverging expert opinions on its application, made Ukraine the more appropriate forum. The Court's pri
-
Del. Ch.·
2015-06-23
The Court largely denied defendants' motions to dismiss, finding that plaintiff stated claims for breach of contract, breach of the implied covenant of good faith and fair dealing, unjust enrichment, breach of fiduciary duty, aiding and abetting breaches of fiduciary duty, civil
-
Del. Ch.·
2015-05-04
The Delaware Court of Chancery denied defendants' motion for summary judgment, holding that a creditor seeking to bring derivative claims must establish insolvency at the time the suit was filed, but not continuously thereafter. The court also affirmed that the traditional balanc
-
Del. Super. Ct.·
2015-05-01
The court denied summary judgment on the plaintiff's claims for severance pay and a bonus related to the second objective, finding genuine issues of material fact regarding breach of contract and fraud. However, summary judgment was granted for the defendant Carrols on claims for
-
Del. Ch.·
2015-03-18
The Delaware Court of Chancery denied the defendants' motions to dismiss or stay the plaintiff's complaint. The court found that the forum selection clause in the Intercreditor Agreement, even if incorporated into the 2009 Indenture, did not clearly and unambiguously apply to the
-
152 So. 3d 5·
Fla. 3d DCA·
2014-10-15
Guerrero appeals the trial court's adoption of a general magistrate's second report in supplementary proceedings, arguing the court abused its discretion by failing to hold a special set hearing on his exceptions to the second report. The appellate court affirmed, finding no erro
-
Del. Ch.·
2014-07-29
The court found the trustees jointly and severally liable for breaching their fiduciary duties of loyalty and care by engaging in self-interested transactions, failing to account for trust funds, and mismanaging the trust. The court awarded monetary damages, imposed a constructiv
-
201 So. 3d 37·
Fla. 3d DCA·
2014-06-18
A judgment creditor appeals a trial court's denial of his fraudulent transfer claim against a judgment debtor and the debtor's wife. The debtor had transferred ten million shares of Scorpion stock from his individual name to joint names with his wife shortly after the creditor's
-
2014 WL 1745361·
S.D. Fla.·
2014-05-01
The court held that the bankruptcy court did not err in approving the settlement and bar order, but remanded for a determination on whether settlement credit should be awarded to non-settling creditors.
-
Del. Ch.·
2014-03-24
The Court of Chancery denied the defendant's motion to dismiss or stay the action, finding that the plaintiff had standing to pursue his claims because the bankruptcy trustee had properly abandoned the relevant intellectual property rights to him. The court also found that the ab
-
S.D. Fla.·
2014-03-06
The court held that the plaintiffs' state law fraud-based claims are not preempted by ERISA because they do not fall within ERISA's exclusive remedial scheme and are not preempted by ERISA's express preemption provision.
-
1990 WL 185716·
M.D. Fla.·
2013-04-05
The court granted in part and denied in part the motion to dismiss, dismissing aiding and abetting claims and negligence claims for non-customer funds, but upholding fraudulent transfer and unjust enrichment claims against Wachovia.
-
Del. Ch.·
2013-03-14
The Court of Chancery granted in part and denied in part the defendants' motion for leave to amend their answer. The court found it had subject matter jurisdiction over issues related to the timeliness of child support claims under the Probate Code and the enforceability of a sev
-
Del. Ch.·
2013-01-25
The Delaware Court of Chancery found that the defendant breached the joint venture agreement and fiduciary duties by usurping corporate opportunities. The court interpreted the agreement broadly, finding that the defendant's actions in acquiring companies within the joint venture
-
1989 WL 133746·
M.D. Fla.·
2013-01-23
The court adopted the magistrate judge's report and recommendation, granting summary judgment for the Receiver and denying prejudgment interest, finding that the defendant received 'false profits' from a ponzi scheme.
-
Del. Ch.·
2012-12-19
The Court denied the Plaintiff's motion for a Temporary Restraining Order (TRO), finding that the Plaintiff failed to demonstrate the requisite imminent and irreparable harm. While a colorable claim for breach of contract and fiduciary duties was established, the alleged harms, s
-
Del. Ch.·
2012-08-28
The Court of Chancery denied motions to dismiss for lack of personal jurisdiction as to Integra Group, Inc. (Integra) but granted them as to Blue Chip Venture Company, Ltd. (BCV) and Blue Chip Capital Fund II Limited Partnership (BC2). The court also denied Integra's motion to di
-
16 A.F.T.R.2d (RIA) 5046·
S.D. Fla.·
2012-06-26
The court severed the claims of over 250 plaintiffs under Rule 21 of the Federal Rules of Civil Procedure to manage the case.
-
S.D. Fla.·
2012-06-21
The court held that the plaintiffs failed to meet the requirements of Rule 23 for class certification due to issues with the proposed class definition, lack of commonality, and atypicality of representatives.
-
Del. Ch.·
2012-03-12
The Delaware Court of Chancery appointed a receiver for Metropolitan Hospice, Inc. (MHI) because the corporation is insolvent and exigent circumstances exist due to a time-sensitive opportunity to settle a significant IRS tax liability. The court found that the board's proposed r
-
448 B.R. 847·
M.D. Fla.·
2011-02-10
The court held that the bankruptcy court erred in finding the debtor lacked control over the $280,000 transfer, but affirmed the finding of no insolvency and no equitable interest in the property.
-
46 So. 3d 167·
Fla. 4th DCA·
2010-10-27
This case concerns the scope of a trial court's authority upon remand. The appellate court held that the trial court exceeded its authority by reconsidering a default judgment on liability when the appellate court had previously affirmed that judgment and remanded only for a dete
-
13 A.F.T.R.2d (RIA) 402·
S.D. Fla.·
2010-03-23
The court held that the Federal Trade Commission's motion to intervene should be granted because its interest in the insurance proceeds was not adequately represented by the existing parties and the motion was timely filed.
-
26 So. 3d 25·
Fla. 3d DCA·
2009-12-09
PMI Mortgage Insurance Co. appealed a trial court order requiring it, as judgment creditor, to pay special magistrate fees incurred in proceedings supplementary against a judgment debtor. The Third District Court of Appeal affirmed, holding that the judgment creditor must pay the
-
Del. Ch.·
2009-05-29
The appellate court affirmed in part and reversed in part the trial court's order on cross-motions to compel discovery. The court granted Omnicare's motions to compel discovery of alleged billing errors, facility transfers, ownership interests (with limitations), and Medicare doc
-
Del. Ch.·
2009-04-24
The court granted in part and denied in part the plaintiff's motion for a temporary restraining order. The court found that the plaintiff had established a colorable claim for breach of contract and a colorable claim for fraudulent transfers, warranting injunctive relief against
-
10 So. 3d 1103·
Fla. 4th DCA·
2009-03-25
Republic Credit Corporation appeals a trial court judgment that protected the Upshaws' sale proceeds from a California home as tenancy by the entireties property exempt from creditor attachment. The appellate court reverses, holding that because California does not recognize tena
-
Del. Ch.·
2008-12-23
The Court of Chancery has subject matter jurisdiction over the action based on allegations of alter ego and piercing the corporate veil. The motion to dismiss for failure to comply with Rule 3(aa) is denied as moot. The motion to dismiss for failure to state a claim is granted in
-
979 So. 2d 1046·
Fla. 3d DCA·
2008-03-19
The court held that the failure to pay documentary stamp taxes on a promissory note does not render a fraudulent transfer claim based on that note unenforceable.
-
975 So. 2d 1155·
Fla. 3d DCA·
2008-03-05
The court held that the trial court erred in denying attorney's fees and costs without considering the civil theft claim, which was dismissed with prejudice on the appellants' motion.
-
515 F. Supp. 2d 1288·
S.D. Fla.·
2007-09-28
The court held that it lacked personal jurisdiction over Mr. Caldas Sr. because the plaintiff failed to demonstrate his involvement in the alleged conspiracy and because the corporate shield doctrine barred jurisdiction over his actions taken on behalf of a corporation.
-
Del. Ch.·
2007-04-30
The court recommends granting the motion to dismiss the petition seeking to void a spendthrift provision or invalidate a Delaware trust. The trust qualifies as an asset protection trust under Delaware law, and the petitioner failed to plead sufficient facts to overcome its protec
-
951 So. 2d 1026·
Fla. 4th DCA·
2007-03-28
The court held that a promise of future, uncertain royalties does not constitute reasonably equivalent value for a transfer under the Uniform Fraudulent Transfer Act when the transferor is insolvent.
-
925 So. 2d 1046·
Fla. 4th DCA·
2005-06-15
Dylan Investments obtained a judgment against Arne Soreide and his corporation Nortel for breach of lease, then sought to hold Arne's wife Lynn liable for fraudulent transfers of Nortel's assets to Accutel Communications, a corporation wholly-owned by Lynn. The trial court reject
-
892 So. 2d 1167·
Fla. 5th DCA·
2005-02-04
David Byker appealed an order denying his motion to compel the transfer of funds from an account held by Warren Stanchina and his wife, alleging fraudulent transfers under Florida law. The court dismissed the appeal as moot because Byker and Stanchina settled their dispute, rende
-
889 So. 2d 905·
Fla. 4th DCA·
2004-12-08
Where materials sought in discovery appear relevant to the subject matter of a pending action, including claims to pierce the corporate veil and equitable accounting, personal financial information is fully discoverable, and an order compelling such production cannot be reviewed
-
849 So. 2d 397·
Fla. 4th DCA·
2003-06-18
Judgment creditors who are officers and directors of an insolvent corporation received interest payments from asset sale proceeds. The court held these payments constituted fraudulent transfers under Florida's Uniform Fraudulent Transfer Act, even though the creditors held valid
-
318 F.3d 1052·
11th Cir.·
2003-01-17
The Eleventh Circuit reversed the district court's order allowing a judgment creditor to implead third parties as fraudulent transferees in supplementary proceedings under Georgia law, holding that O.C.G.A. § 9-11-69 does not authorize such impleader and requires instead a separa
-
806 So. 2d 625·
Fla. 4th DCA·
2002-02-06
A physician challenged an order denying his motion to stay a fraudulent transfer claim brought under Florida's Uniform Fraudulent Transfer Act until a judgment was obtained on the hospital's underlying damages claim. The court held that no judgment is prerequisite to proceeding u
-
805 So. 2d 1110·
Fla. 1st DCA·
2002-02-06
The trial court erroneously dismissed the amended proceeding supplementary complaint, as the scope of the prior remand was not limited to the specific issue of a fraudulent transfer.
-
789 So. 2d 1064·
Fla. 4th DCA·
2001-06-13
Jesson, Inc., a dissolved Florida corporation, and its last directors/trustees appealed a judgment for fraudulent transfer of corporate assets. The court affirmed the judgment against Jesson and Florescue as trustee, but reversed the judgment against Schupak as director because h
-
-
257 B.R. 356·
S.D. Fla.·
2000-08-08
The court affirmed the bankruptcy court's findings of fact, breach of fiduciary duty, and conversion claims, but reversed and remanded the alter ego claim due to lack of findings on domination and control and the trustee's lack of standing.
-
745 So. 2d 467·
Fla. 4th DCA·
1999-11-17
-
763 So. 2d 1078·
Fla. 4th DCA·
1999-10-13
Sunshine Resources appealed a final order in a proceedings supplementary action, challenging the trial court's determinations regarding fraudulent transfers and execution against assets held by James Simpson, his wife Lorraine, and his mother Rinnie. The appellate court affirmed
-
726 So. 2d 336·
Fla. 4th DCA·
1999-01-20
A judgment creditor sought recovery from a judgment debtor's assets after obtaining final judgments against him. The debtor fraudulently transferred a Mercedes to his wife, and his wife claimed an entireties interest in collateral used for supersedeas bonds to avoid garnishment.