Ancillary Proceedings

129 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Polyplastics, Inc. v. Transconex, Inc.
  713 F.2d 875· 1st Cir.· 1983-08-03 ·cited 12×
  An order staying state court proceedings after removal is not an appealable interlocutory injunction under 28 U.S.C. § 1292(a)(1) because removal automatically effects a stay and the order is merely declaratory of existing law.
• Fed. Home Loan Bank OF SAN Francisco v. Ammann
  225 F.2d 349· 9th Cir.· 1955-07-18 ·cited 12×
  The court granted the petition for writ of mandamus, directing the district court to comply with this court's prior mandates and to cease entertaining proceedings that relitigate already adjudicated issues.
• Fiske v. Buder
  125 F.2d 841· 8th Cir.· 1942-02-16 ·cited 12×
  The court held that the district court had the power to hear the motion to vacate the commission allowance due to extrinsic fraud, and that the appellants were not barred by laches.
• First Union Nat'l Bank OF Fla. v. Goodwin Beach P'ship
  644 So. 2d 1361· Fla. 5th DCA· 1994-09-16 ·cited 10×
  First Union National Bank appealed the denial of a deficiency judgment in a mortgage foreclosure action. The trial court rejected the deficiency claim based on its determination that the property's fair market value exceeded the foreclosure judgment debt, but the appellate court
• Solarex Corp. & RCA Corp. v. Arco Solar, Inc.
  870 F.2d 642· Fed. Cir.· 1989-03-15 ·cited 10×
  The court affirmed the district court's denial of Arco's motion to compel discovery of a referee's identity, finding the need for confidentiality outweighed Arco's speculative claims.
• United States v. Davis
  702 F.2d 418· 2d Cir.· 1983-03-15 ·cited 10×
  The court held that grand jury subpoenas can compel production of materials previously subject to civil protective orders or settlement agreements, absent specific legal exceptions.
• Horn v. Eltra Corp.
  686 F.2d 439· 6th Cir.· 1982-08-26 ·cited 10×
  The settlement of the underlying civil action renders the appeal of the EEOC's revoked intervention status moot because the EEOC lacks an independent basis for jurisdiction and the case was not certified as a class action.
• Morfessis v. Baum
  281 F.2d 938· D.C. Cir.· 1960-06-16 ·cited 10×
  The court held that the complaint, despite being labeled "Abuse of Process," sufficiently alleged malicious prosecution, which is subject to a one-year statute of limitations.
• City & Cnty. of Denver v. Denver Tramway Corp.
  187 F.2d 410· 10th Cir.· 1951-02-15 ·cited 10×
  The court held that the trial court did not err in denying the city's motion to dissolve the injunction, as the court retained jurisdiction to enforce its prior decree and the circumstances did not warrant vacation.
• Stoll v. Hawkeye Cas. Co. of Des Moines
  185 F.2d 96· 8th Cir.· 1950-11-10 ·cited 10×
  A garnishment proceeding, when it involves a controversy exceeding $3,000 between citizens of different states, is a 'civil action' removable to federal court under 28 U.S.C. § 1441(a).
• Verone Marin Fehlhaber v. Fehlhaber
  664 F.2d 260· 11th Cir.· 1981-12-18 ·cited 9×
  The court held that a district court order denying discovery in aid of execution is an appealable final order and that the denial of discovery in this case was not an abuse of discretion.
• Matter of Ancillary Proceedings of Equitable Plan Co.
  277 F.2d 319· 2d Cir.· 1960-04-15 ·cited 9×
  A witness testifying in one proceeding is immune from service of process in an unrelated proceeding, even if the witness is alleged to have had the same associates in both transactions.
• COX v. Wiod, Inc.
  764 So. 2d 671· Fla. 4th DCA· 2000-05-17 ·cited 8×
  The appellate court held that protracted ancillary litigation in another state, undertaken by the appellees for discovery purposes related to the main case, constituted sufficient non-record activity to establish good cause and preclude dismissal for lack of prosecution.
• Micro Motion v. Kane Steel Co., Inc.
  894 F.2d 1318· Fed. Cir.· 1990-01-24 ·cited 8×
  The court held that a patent owner seeking discovery from a nonparty competitor for damages must demonstrate relevance and need, and a protective order does not obviate these requirements. The court reversed the denial of the motion to quash in its entirety.
• United States v. Dunn
  577 F.2d 119· 10th Cir.· 1978-06-05 ·cited 8×
  The court held that Dunn's recantation, admitting his prior immunized grand jury testimony was false, justified using that immunized testimony to establish the corpus delicti for his prosecution under 18 U.S.C. § 1623(c). The court also found the indictment sufficiently stated an
• Hamilton v. Hanks
  309 So. 2d 229· Fla. 4th DCA· 1975-03-07 ·cited 8×
  Hamilton appeals the trial court's denial of his motion to dissolve a writ of garnishment in a breach of contract action. The appellate court dismisses the appeal as untimely and holds that an order denying a motion to dissolve garnishment is an interlocutory order not subject to
• Monroe Educ. Ass'n v. Clerk, Dist. Court OF Appeal, Third Dist.
  299 So. 2d 1· Fla.· 1974-07-24 ·cited 8×
  A district court of appeal's clerk improperly rejected an application for a constitutional writ, and the application should have been accepted for filing and consideration.
• Norman Babel Mortg. Co., Inc. v. Golden Heights Land Co., Inc.
  117 So. 2d 205· Fla. 3d DCA· 1960-01-25 ·cited 8×
  The court held that it lacked appellate jurisdiction because the judgment appealed from was not a final decision, as it merely remanded the case for a new trial.
• In re Ancillary Proceedings of Equitable Plan Co.
  272 F.2d 158· 2d Cir.· 1959-11-24 ·cited 8×
  The court held that the order denying the motion to quash the subpoena is appealable, denying the motion to dismiss.
• Fahey v. Calverley
  208 F.2d 197· 9th Cir.· 1953-11-23 ·cited 8×
  The court held that where a lower court lacks jurisdiction, all subsequent orders, including those appointing receivers or special masters and awarding fees, are void and must be vacated upon remand.
• Butler v. Ungerleider
  187 F.2d 238· 2d Cir.· 1951-02-16 ·cited 8×
  The court held that an order quashing service of process in a suit ancillary to an original judgment action is appealable if adequate notice is shown.
• In re Klaus Hubert Goerg v. Edgardo L. Parungao
  844 F.2d 1562· 11th Cir.· 1988-05-18 ·cited 7×
  A foreign insolvency proceeding concerning a decedent's estate can qualify for ancillary relief under section 304 of the Bankruptcy Code, even if the estate does not meet the Code's definition of 'debtor'.
• Martin v. Martin
  196 So. 2d 26· Fla. 2d DCA· 1967-02-24 ·cited 7×
  Eva Rue Martin, as executrix of her husband's estate, sued her former daughter-in-law Betty Jo Martin on promissory notes and obtained an attachment on Betty Jo's boat. Betty Jo filed a counterclaim for damages resulting from the wrongful attachment. The court held that such dama
• In re Enercons Va., Inc. v. Davide Farinacci
  812 F.2d 1469· 4th Cir.· 1987-03-03 ·cited 6×
  The court held that 11 U.S.C. § 304 is not the exclusive remedy for a foreign representative seeking cooperation from a U.S. bankruptcy court, and that comity can be extended to foreign court orders even if ex parte, provided the foreign proceedings are fair.
• Keishian v. Buckley
  752 F.2d 1513· 11th Cir.· 1984-10-16 ·cited 6×
  The court held that the district court did not err in preliminarily enjoining the appellant from challenging in state court the appellee's levy upon the appellant's automobile.
• Guenevere Jennings v. Jennings
  341 So. 2d 541· Fla. 2d DCA· 1977-01-19 ·cited 6×
  In this divorce property dispute, the Florida appellate court held that a trial court's final judgment of dissolution, which did not expressly reserve jurisdiction over post-judgment contractual disputes regarding a jointly-owned business, lacked authority to enforce a subsequent
• Stone v. Members OF the Bd. OF Educ. OF the City OF Atlanta
  309 F.2d 638· 5th Cir.· 1962-11-16 ·cited 6×
  The trial court could properly join the State Board of Education as a party to resolve conflicting orders regarding school desegregation.
• Meredith v. Fair
  328 F.2d 586· 5th Cir.· 1962-10-19 ·cited 6×
  The dissenting judges would issue their own injunction as the court's mandate and remand the case to the District Court for enforcement, while retaining contempt proceedings.
• Jansik v. Studstill & Hollenbeck, Inc.
  153 Fla. 870· Fla.· 1944-01-04 ·cited 6×
  The Florida Supreme Court reversed an equitable attachment decree against real estate, holding that where a broker's commission claim is fully earned and not contingent, and the debtor has other property within the state, equity jurisdiction is not proper and the case must be tra
• City of Orangeburg v. S. Ry. Co.
  134 F.2d 890· 4th Cir.· 1943-04-12 ·cited 6×
  The court held that the federal court retained exclusive jurisdiction over the property because it first acquired jurisdiction through the removed action, and the lessor was not an indispensable party whose absence would defeat jurisdiction.
• Connett v. City of Jerseyville
  125 F.2d 121· 7th Cir.· 1941-11-14 ·cited 6×
  The court held that it has the power to compel a municipality to perform its statutory duty to adopt a rate schedule, even if that involves a legislative function, as long as the court is not fixing the rates itself.
• Aetna Ins. Co. v. R. J. Evans in Bankruptcy of the Estate of R. E. Hightower and Gilbert Hartsfield
  57 Fla. 311· Fla.· 1909-01-01 ·cited 6×
  Aetna Insurance Company filed an interpleader bill in Florida state court seeking direction on payment of fire insurance proceeds ($1,111.11) owed to the bankrupt Tallahassee Mercantile Company, which faced competing claims from garnishing creditors and a bankruptcy trustee. The
• Hall v. United States
  403 F.2d 344· 5th Cir.· 1968-11-22 ·cited 5×
  The statute of limitations for collecting taxes (§ 6502) does not bar a suit against transferees to set aside fraudulent conveyances made by taxpayers, where the government has already obtained judgments against the original taxpayers.
• Electro-Miniatures Corp. v. Wendon Co., Inc.
  889 F.2d 41· 3d Cir.· 1989-11-14 ·cited 4×
  The court held that the district court erred in applying New Jersey's entire controversy doctrine, as the issue of preclusive effect had already been litigated and decided in Wendon's favor in a prior Connecticut action.
• Micro Motion Inc. v. Exac Corp.
  876 F.2d 1574· Fed. Cir.· 1989-06-01 ·cited 4×
  An order denying a motion to quash a subpoena directed to a non-party, seeking evidence for use in a pending action in another district, is not an immediately appealable final decision.
• The Barrick Grp., Inc. v. Mosse
  849 F.2d 70· 2d Cir.· 1988-06-08 ·cited 4×
  An interlocutory order denying discovery of a non-party witness is not immediately appealable when the underlying action and the discovery dispute are in district courts within the same circuit.
• Palm Beach Newspapers, Inc. v. DOE
  460 So. 2d 406· Fla. 4th DCA· 1984-11-14 ·cited 4×
  A hearing ancillary or related to a grand jury session is protected by grand jury secrecy statutes, and thus a closure hearing is not required before denying the press access to its transcript.
• Morton v. The United States
  708 F.2d 680· Fed. Cir.· 1983-05-17 ·cited 4×
  The dissenting judge argues that the United States should not be liable for paying garnished wages because the employee has the primary duty to challenge the validity of the underlying judgment, and the government, as a garnishee, is protected from double liability once it has pa
• Bond v. Alton White
  508 F.2d 1397· 5th Cir.· 1975-03-07 ·cited 4×
  The court held that the single-judge district court had jurisdiction to rule on attorneys' fees and that fees should have been awarded under the private attorneys general theory.
• Zuccarello v. Earline O. Zuccarello
  280 So. 2d 37· Fla. 3d DCA· 1973-07-10 ·cited 4×
  A Florida court dismissed a petition to modify child support from a North Carolina divorce judgment where the ex-wife, a non-resident, was served only by publication. The court held that modification of a foreign divorce decree is a separate action requiring personal service, dis
• Fauci v. Hannon
  275 F.2d 234· 1st Cir.· 1960-02-24 ·cited 4×
  The court affirmed the order denying Fauci's injunction, finding her claim subordinate to the government's lien. The court vacated the order enjoining Denehy from foreclosing her mortgage, finding the order to discharge the mortgage excessive.
• Mullen v. Camp
  46 Fla. 234· Fla.· 1903-06-01 ·cited 4×
  The Florida Supreme Court affirmed a judgment for plaintiffs in an assumpsit action against W. H. Mullen but reversed and remanded the ancillary attachment proceedings, holding that the evidence did not support the jury's finding that plaintiffs had reason to believe the defendan
• Fla. Dep't of Corr. v. Julianne M. Holt
  373 So. 3d 969· Fla. 2d DCA· 2023-11-29 ·cited 3×
  The public defender lacks legal authority to represent an inmate in a civil restitution lien proceeding because such proceedings are civil in nature, do not threaten liberty interests, and fall outside the scope of representation authorized by section 27.51, Florida Statutes.
• Davis v. Evanston Ins. Co.
  2018 WL 5098965· M.D. Fla.· 2022-12-05 ·cited 2×
  Supplementary proceedings under Florida Statute § 56.29 are not removable to federal court because they are not independent actions that could have been brought in federal court originally.
• Laura M. Watson, P.A. v. Stewart Tilghman FOX & Bianchi, P.A.
  162 So. 3d 102· Fla. 4th DCA· 2014-10-15 ·cited 2×
  Watson appeals the denial of her motion to dissolve a garnishment writ served on Bank of America via certified mail. The Fourth District affirms, holding that a garnishee bank that files an answer to a writ without objecting waives any defects in service of process, and a judgmen
• Benedetto v. Columbia Park Healthcare Sys.
  922 So. 2d 416· Fla. 5th DCA· 2006-03-10 ·cited 2×
  A personal representative of an estate sought clarification of an order requiring him to show cause why his appeal should be dismissed because he was not represented by counsel. The court granted his motion for clarification and extension of time, holding that Florida Rule of Pro
• Moakley v. Smallwood
  730 So. 2d 286· Fla. 3d DCA· 1999-03-24 ·cited 2×
  In this post-dissolution proceeding, the former wife subpoenaed the former husband's attorney seeking an original note awarded in the final judgment, despite the motion conceding the attorney did not possess it. The trial court imposed monetary sanctions against the former wife a
• Twylah Sue Hooker v. Cont'l Life Ins. Co.
  965 F.2d 903· 10th Cir.· 1992-05-28 ·cited 2×
  An order denying discovery in an ancillary proceeding before a district court in a different circuit than the main action is not immediately appealable if both district courts are within the same circuit's appellate jurisdiction.
• ART Theatre Guild, Inc. v. Parrish
  503 F.2d 133· 6th Cir.· 1974-09-24 ·cited 2×
  The court held that while the government is entitled to retain one copy of allegedly obscene material as evidence in a criminal prosecution, it must permit the exhibitor to copy the material if other copies are unavailable, to allow continued exhibition pending a judicial determi
• Lumbermens Mut. Cas. Co. & Ray Dalton v. Harleysville Mut. Cas. Co. & State Farm Mut. Auto. Ins. Co.
  367 F.2d 250· 4th Cir.· 1966-09-22 ·cited 2×
  The court held that the District Court erred in ruling that the dismissal of William Dalton from a state court suit estopped Lumbermens from reexamining whether Ray Dalton was an agent of William Dalton. The court also held that no claim for contribution could be pressed against