An August, 2021 appellate opinion tells you all about Florida fraud on the court. What do you need to know to prove your case? We have previously provided Florida legal commentary about probate fraud. For a free video on CIVIL THEFT, click HERE. Understanding This Legal Concept — lying and motions What is Florida fraud on the court? Well, let’s start with fraud. What is fraud in Florida? Think of fraud as a lie. A really bad mis-representation. Meant to deceive. In come contexts, like fiduciaries — like trustees— fraud can be constructive fraud. That’s when one has a duty to disclose or provide information, but they don’t. In Florida, there are many types of frauds and many rules. Fraud on the court, however, is a different type of fraud. If you believe that someone has lied to the court, to the judge, or to you, consider filing a proper motion. A motion has to have the specific lies or frauds and must list why the other side is lying. And what the court should do because of those lies. What do you need to know? Fraud on the Court in Florida On August 18, 2021, the 3rd District Court of Appeal released its opinion. Chess v. Sweeney This case dealt with Florida Fraud on the Court. For those who have been lied to in court, you may want to read this case. You may also want to file a motion and alert the judge to this. Below is a […]

What is Florida Probate Fraud? What can you do to protect yourself once you have discovered it? To read Florida Probate Law Commentary on Overturning a Will Based Upon Fraud, CLICK HERE. To read more about this estate topic, continue reading. Fraud in Florida Fraud is a cause of action in Florida legal proceedings. “Generally, if something is caused by fraud, it is void” says probate litigator John Pankauski, who wrote a Probate Litigation Guide. He wrote about 10 common probate mistakes. We recently provided commentary on Fraud on the Court in Florida. That is not what we are talking about here. “When you speak about Florida Probate Fraud” continues Pankauski, “most people think about two things.” First, a will or trust caused by fraud is void. Read Florida Probate Law 732.5165. Second, if a trustee or executor is hiding or stealing assets, that is fraud. Whether you can sue for Civil Theft or Breach of Fiduciary Duty depends on your facts. “And” Pankauski points out “it depends on the type of fraud, too.” Yes, there are different types of fraud in Florida. “Knowing what type of fraud occurred is important” says Pankauski. And that will help you understand how to exercise your rights when you face Florida Probate Fraud. (To read more about Inheritance Theft, CLICK THIS LINK.) Exercising Your Rights If you believe that a will or trust was caused by a lie or undue influence, you need to ask a judge to make that ruling. You can […]

Two recent opinions from Florida appellate courts tell you everything you need to know about Fraud on the Court in Florida (almost !). Although we have provided free commentary + legal videos on this issue before, these two new opinions are helpful & instructive. What is Fraud on the Court? Fraud on the court “occurs where it can be demonstrated, clearly and convincingly, that a party has sentiently set in motion some unconscionable scheme calculated to interfere with the judicial system’s ability impartially to adjudicate a matter by improperly influencing the trier of act or unfairly hampering the presentation of the opposing party’s claim or defense.” That quote is from the Florida Appeals Court in Palm Beach, also known as the Fourth District Court of Appeal. That case was Amato v. Intindola, 854 So. 2d 812, 814 (Fla. 4th DCA 2003) (quoting Cox v. Burke, 706 So. 2d 43, 46 (Fla. 5th DCA 1998)). Want to read more about Fraud on the Court from the 4th DCA? Check out this January 6, 2021 opinion in the case of Gleman vs. MWH Americas, Inc. The Gleman opinion also discusses what a sham pleading is under Florida Rule of Civil Procedure 1.150. What Can A Florida Court Do ? A Florida Court has the discretion to dismiss a party’s pleadings based upon fraudulent conduct. Cherubino v. Fenstersheib and Fox, P.A., 925 So. 2d 1066, 1068 (Fla. 4th DCA, 2006). “A trial court possesses the discretion to dismiss a complaint [or strike a […]