CIVIL PROCEDURE: CLASS ACTIONS: JUDGMENTS: AMENDMENT: RELIEF FROM JUDGMENT: FRAUD: TIMELINESS: TRIAL COURT LACKED JURISDICTION TO AMEND JUDGMENT TEN YEARS AFTER IT WAS ENTERED: ALTHOUGH TRIAL COURT RETAINED JURISDICTION TO ENFORCE JUDGMENT, AMENDMENT MODIFIED, RATHER THAN ENFORCED, JUDGMENT

Juno Ocean Walk Condominium Association, Inc. v. The North County Company, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D344 (Fla. 4th DCA February 4, 2015)

Ten years after a condominium unit owner opted out of a class action settlement with the developer, the class representative and the unit owner filed a motion to amend judgment to include … Click To Read Full Case Law Review...

CIVIL PROCEDURE: RELIEF FROM JUDGMENT: FRAUD: EVIDENTIARY HEARING; DAMAGES: LIQUIDATED DAMAGES: PENALTY

Rusniaczek v. Tableau Fine Art Group, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D786 (Fla. 3d DCA April 16, 2014)

The trial court erred by denying the defendant’s motion for relief from judgment without conducting an evidentiary hearing because the defendant “alleged a colorable claim of fraud, which was supported by several articles of competent evidence.”

The liquidated … Click To Read Full Case Law Review...

TORTS: LEGAL MALPRACTICE: FRAUD: CONSTRUCTIVE FRAUD: CIVIL CONSPIRACY: CONSPIRACY BETWEEN PLAINTIFF AND DEFENSE FIRM TO DEPRIVE DEFENDANT OF AN EFFECTIVE DEFENSE CONSTITUTED EXTRINSIC, RATHER THAN INTRINSIC, FRAUD AND WAS NOT SUBJECT TO THE ONE YEAR LIMITATION IN FLA. R. CIV. P. 1.540

Olesen v. General Electric Capital Corporation, ___ So. 3d ___, 39 Fla. L. Weekly D303 (Fla. 5th DCA February 7, 2014)

The plaintiff was the owner of a company that leased busses and then sold or subleased them.  In order to fund the company’s operations, the plaintiff agreed to serve as the guarantor of a multimillion line of credit … Click To Read Full Case Law Review...

CIVIL PROCEDURE: RELIEF FROM JUDGMENT: VOID JUDGMENT: FAILURE TO STATE A CAUSE OF ACTION; TORTS: CIVIL THEFT: FAILURE TO RETURN FUNDS HELD IN ESCROW: FRAUD: FAILURE TO IDENTIFY WHO MADE FALSE REPRESENTATIONS, WHEN THEY WERE MADE, AND THE CONTEXT IN WHICH THEY WERE MADE: BREACH OF FIDUCIARY DUTY: ALLEGATION THAT DEFENDANT MISLED PLAINTIFF INSUFFICIENT

Rhodes v. O. Turner & Company, LLC, ___ So. 3d ___, 38 Fla. L. Weekly D1527 (Fla. 4th DCA July 17, 2013)

The plaintiff sued a limited liability company and two individuals for civil theft, fraud, and breach of fiduciary duty.  The plaintiff obtained a default final judgment because the defendants failed to serve an answer.  More than one Click To Read Full Case Law Review...

COMMERCIAL LITIGATION: CIVIL PROCEDURE: STATUTE OF LIMITATIONS: BREACH OF SHAREHOLDERS’ AGREEMENT: SHAREHOLDERS’ DERIVATIVE ACTION: BREACH OF FIDUCIARY DUTY: FRAUD

Goodwin v. Sphatt, ___ So. 3d ___, 38 Fla. L. Weekly D1287 (Fla. 2d DCA June 12, 2013)

The parties entered into a shareholders’ agreement under which the defendant would manage the corporation, and the plaintiff would share in the profits.  When the plaintiff discovered that the defendant was concealing corporate profits and the defendant refused to provide an accounting, Click To Read Full Case Law Review...