Collateral Attack On Judgment

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

• Roan Peart v. State
  756 So. 2d 42· Fla.· 2000-04-13 ·cited 267×
  The Florida Supreme Court resolved conflicting district court decisions regarding postconviction relief for defendants who were not advised of deportation consequences when entering guilty pleas in violation of Florida Rule of Criminal Procedure 3.172(c)(8). The Court held that d
• Ryan's Furniture Exch., Inc. v. McNair
  120 Fla. 109· Fla.· 1935-06-19 ·cited 246×
  Ryan's Furniture Exchange, Inc., sought to overturn a circuit court order issued during supplementary proceedings to execution that declared the company a mere continuation of judgment debtor Ryan Bros., Inc., and ordered seizure of its assets. The Florida Supreme Court held that
• Skipper v. Doyle Schumacher
  124 Fla. 384· Fla.· 1936-05-28 ·cited 108×
  C.A. Skipper petitioned for habeas corpus challenging his conviction for embezzlement and conversion of bank funds, alleging that his conviction was procured by fraud and intimidation of the key witness by members of the grand jury. The Florida Supreme Court held that habeas corp
• United States v. Justo Fernan Martinez
  486 F.2d 15· 5th Cir.· 1973-10-12 ·cited 86×
  The court held that the trial judge erred in refusing to accept Martinez' guilty plea and in denying Huila's severance motion, while finding insufficient evidence to convict Padilla-Soris of conspiracy.
• Duggins v. United States
  240 F.2d 479· 6th Cir.· 1957-01-21 ·cited 82×
  A sentence exceeding the statutory maximum is void for the excess, and a court cannot increase a sentence after service has begun, even to fulfill the original sentencing intent.
• Crosby v. Elta Burleson
  142 Fla. 443· Fla.· 1940-03-19 ·cited 77×
  The Florida Supreme Court held that the circuit court lacks jurisdiction to entertain a bill of complaint seeking to compel executors of a deceased person's estate to account for and pay over estate assets. The Court ruled that the county judge's probate court has exclusive juris
• Bass v. Hoagland
  172 F.2d 205· 5th Cir.· 1949-01-18 ·cited 73×
  A judgment rendered without due process of law is void and subject to collateral attack, even if the rendering court had initial jurisdiction.
• Shrader v. Aurelia Shrader
  36 Fla. 502· Fla.· 1895-06-01 ·cited 72×
  This case involves two companion suits between Norman and Aurelia Shrader concerning the validity of a divorce decree and the wife's right to alimony. The Florida Supreme Court held that the divorce decree was void due to defective service of process by publication that failed to
• A. A. Fisher Ad Litem of the Estate of Hilliard Williams v. Guidy
  106 Fla. 94· Fla.· 1932-07-07 ·cited 68×
  Ward Florence Guidy sued her former guardian Hilliard Williams and his sureties for an accounting of trust funds allegedly misappropriated. The court required the guardian's administrator and sureties to pay over the amount owed. The appellants appealed on grounds of statute of l
• Cooper v. Holman
  356 F.2d 82· 5th Cir.· 1966-01-31 ·cited 66×
  The court held that the record was inadequate to show that the defendant's guilty plea was voluntary, given the illegal confession and plea bargain.
• BEN Sager Chems. Int'l, Inc. v. E. Targosz & Co.
  560 F.2d 805· 7th Cir.· 1977-08-17 ·cited 64×
  The court held that the district court did not abuse its discretion in denying a Rule 60(b) motion for relief from a default judgment, as the defendant failed to show excusable neglect or sufficient diligence, and the removal issue was not a void judgment.
• Addington v. Farmer's Elevator Mut. Ins. Co.
  650 F.2d 663· 5th Cir.· 1981-07-13 ·cited 58×
  The court held that the district court implicitly denied the plaintiff's motion to amend his complaint and did not abuse its discretion in doing so, as the proposed amendment was futile and would have caused prejudice.
• Evans v. Rives
  126 F.2d 633· D.C. Cir.· 1942-02-21 ·cited 58×
  A conviction obtained in violation of an accused's Sixth Amendment right to counsel, whether through failure to appoint counsel or lack of a competent and intelligent waiver, is void and subject to collateral attack via habeas corpus.
• Brown v. ST. George Island, Ltd.
  561 So. 2d 253· Fla.· 1990-04-19 ·cited 57×
  The Florida Supreme Court clarified the interpretation of section 38.10, Florida Statutes, governing judicial disqualification for alleged prejudice. The Court held that the statute's provisions regarding a second disqualification refer to a prior disqualification under section 3
• Burnett v. C. W. Greene & Robert A. Meier
  97 Fla. 1007· Fla.· 1929-05-29 ·cited 57×
  The Florida Supreme Court affirmed an injunction restraining collection of drainage taxes on lands included in the Interbay Drainage District, holding that the statutory scheme for organizing drainage districts violates the state constitution by improperly delegating legislative
• Burton v. State Farm Mut. Auto. Ins. Co.
  335 F.2d 317· 5th Cir.· 1964-07-23 ·cited 56×
  An insurer's duty to defend is determined by the allegations in the third-party complaint, not the ultimate facts, and a breach of this duty requires the insurer to take action to invalidate any resulting judgments against the insured.
• White v. Crandall
  105 Fla. 70· Fla.· 1931-11-13 ·cited 56×
  The Florida Supreme Court reversed a final judgment entered on demurrer where the trial court sustained the defendant's demurrer without leave to amend and rendered final judgment the same day the order was filed, without notice to defendant or his counsel. The Court held that pr
• Whitney v. State
  184 So. 2d 207· Fla. 3d DCA· 1966-03-08 ·cited 55×
  Dennis Whitney, convicted of first-degree murder and sentenced to death, sought collateral relief arguing denial of due process on multiple grounds including pretrial publicity, prosecutorial misconduct, and ineffective assistance of counsel. The appellate court affirmed the tria
• Bachner v. United States
  517 F.2d 589· 7th Cir.· 1975-06-05 ·cited 54×
  A trial judge's failure to advise a defendant of a mandatory parole term does not render a guilty plea involuntary or constitutionally infirm, especially when the potential sentence advised is significantly higher than the actual sentence imposed.
• Coogan v. Cincinnati BAR Ass'n
  431 F.2d 1209· 6th Cir.· 1970-10-09 ·cited 54×
  The court held that the Civil Rights Act cannot be used to collaterally attack a final state court judgment, and the plaintiff's claims were barred by res judicata.
• Sires v. Cole
  320 F.2d 877· 9th Cir.· 1963-07-17 ·cited 54×
  The court held that the district court properly dismissed the action because the defendants, including a county, a judge, and prosecuting attorneys, are immune from suit under the Civil Rights Act.
• Pitts v. Pitts
  120 Fla. 363· Fla.· 1935-07-05 ·cited 54×
  The Florida Supreme Court affirmed the Circuit Court's decision vacating a County Judge's order that discharged an estate administrator without proper statutory compliance. The case involves the correct distribution of a deceased soldier's War Risk Insurance policy proceeds follo
• Henry v. Farmer City State Bank
  808 F.2d 1228· 7th Cir.· 1986-12-29 ·cited 52×
  The court held that the RICO claims were barred by res judicata because the plaintiffs failed to raise their fraud claims as defenses in the prior state court foreclosure proceedings. However, the court reversed the district court's injunction against state court proceedings, fin
• Fleming v. Warshawsky & Co.
  123 F.2d 622· 7th Cir.· 1941-11-27 ·cited 50×
  The court held that employees cannot waive their statutory right to back wages under the Fair Labor Standards Act, and that defendants were in contempt for failing to pay restitution as ordered by a consent judgment.
• Eugenia Vining v. Am. Bakeries Co.
  121 Fla. 116· Fla.· 1935-09-28 ·cited 50×
  The Supreme Court denied a motion to recall its mandate and reconsider a judgment, which sought to allow a new trial based on allegations of witness perjury. The court held that such claims, especially when made after a judgment has been affirmed by the Supreme Court, require a s
• Howard v. Collins
  729 F.2d 108· 2d Cir.· 1984-02-22 ·cited 49×
  The court held that the provision of the Federal Magistrate Act of 1979 allowing a magistrate to try a civil case and enter final judgment upon consent is constitutional, and that the appellants' consent was validly obtained.
• Peterson v. State
  237 So. 2d 223· Fla. 1st DCA· 1970-07-09 ·cited 46×
  Peterson appealed an order denying his motion to vacate his conviction for breaking and entering with intent to commit grand larceny. The court affirmed the denial, holding that Peterson's grounds for vacation were matters that could have been raised on direct appeal and did not
• Sexton v. Eleanore M. Barry
  233 F.2d 220· 6th Cir.· 1956-04-18 ·cited 46×
  A federal district court should not enjoin state court proceedings, particularly when the issues have already been litigated and decided in state courts, absent specific statutory authorization or necessity to aid federal jurisdiction.
• State OF Fla. ex rel. Fulton BAG & Cotton Mills v. Burnside
  153 Fla. 599· Fla.· 1943-10-19 ·cited 46×
  The Florida Supreme Court reviewed a case where a judgment against sureties on a forthcoming bond was vacated by a lower court. The Supreme Court held that the vacation order was erroneous, as the original judgment was valid and the motion to vacate constituted an improper collat
• Hazen Research, Inc. v. Omega Minerals, Inc.
  497 F.2d 151· 5th Cir.· 1974-07-12 ·cited 45×
  The court held that the Colorado judgment was entitled to full faith and credit because the Colorado court had properly obtained personal jurisdiction over the defendant.
• Stevenson v. Arnold
  250 So. 2d 270· Fla.· 1971-06-30 ·cited 44×
  The Florida Supreme Court held that a defendant who has defaulted by failing to file pleadings in a suit for unliquidated damages is not entitled to notice of trial on the damages issue under the Florida Rules of Civil Procedure. The Court clarified that ex parte proceedings to d
• Egbert C. Sammis v. James
  31 Fla. 10· Fla.· 1893-01-01 ·cited 44×
  This case involves enforcement of a New York judgment in Florida against an estate administrator. The Florida Supreme Court affirmed judgment for the plaintiff, establishing that foreign judgments are enforceable in sister states when the original court had jurisdiction of the de
• United States v. Hooker
  841 F.2d 1225· 4th Cir.· 1988-03-10 ·cited 43×
  The court held that the indictment's citation of the RICO statute sufficiently alleged the interstate commerce element, and any deficiency was harmless error given the defendant's fair trial and lack of prejudice.
• Hollywood Lakes Section Civic Ass'n, Inc. v. City OF Hollywood
  676 So. 2d 500· Fla. 4th DCA· 1996-07-03 ·cited 41×
  The court held that a complaint challenging prior judgments was an impermissible collateral attack and untimely, but a challenge to a subsequent deed could proceed.
• Lucy v. Deas
  59 Fla. 552· Fla.· 1910-01-01 ·cited 41×
  This case concerns whether a judgment obtained through attachment proceedings, even if based on alleged fraud and false testimony, can be collaterally attacked. The court held that if the court had jurisdiction and proper notice was given, a judgment is not void, even if obtained
• Taylor v. United States
  238 F.2d 409· 9th Cir.· 1956-11-21 ·cited 40×
  The court held that general allegations of attorney incompetence and discrepancies in witness testimony, as presented in a second motion to vacate sentence, are insufficient to warrant vacating a prior judgment or sentence without a hearing.
• Carlor Co., Inc. v. City of Miami
  62 So. 2d 897· Fla.· 1953-01-30 ·cited 40×
  The Florida Supreme Court affirmed dismissal of a collateral attack on a final judgment in an eminent domain proceeding where the City of Miami had condemned property on Virginia Key in 1944 for port and airport purposes. The property owner, Carlor Company, sought to set aside th
• Sottile v. Gaines Constr. Co.
  281 So. 2d 558· Fla. 3d DCA· 1973-07-03 ·cited 39×
  Sottile, an indemnitor on a construction bond, executed a general release in favor of Gaines Construction Company. Years later, when materialmen sued Gaines and the surety, Sottile was brought in as an indemnitor defendant, ultimately obtaining a default judgment against Gaines.
• Waldron v. State
  529 So. 2d 772· Fla. 2d DCA· 1988-07-22 ·cited 38×
  Waldron challenges his probation revocation sentence, arguing that prior convictions used to enhance sentencing were uncounseled and that the trial court improperly imposed a combination sentence without written reasons for departure from sentencing guidelines. The court holds th
• Kistner v. United States
  332 F.2d 978· 8th Cir.· 1964-06-11 ·cited 36×
  The court held that the defendant's convictions under separate statutes for the same stock transaction did not violate the Double Jeopardy Clause because each statute required proof of different facts.
• Skipper v. Doyle Schumacker
  118 Fla. 867· Fla.· 1933-03-23 ·cited 36×
  C. A. Skipper petitioned for habeas corpus challenging his conviction and three-year prison sentence under a Florida embezzlement statute, arguing the statute was void for vagueness and violated due process. The Florida Supreme Court affirmed the Circuit Court's denial of habeas
• Krivitsky v. NYE
  155 Fla. 45· Fla.· 1944-10-23 ·cited 35×
  The Florida Supreme Court reversed the dismissal of a bill in equity challenging the validity of an administrator's discharge order, holding that such orders from the county judge's court—a court of limited jurisdiction—may be collaterally attacked in equity proceedings when they
• Harvard v. State
  486 So. 2d 537· Fla.· 1986-02-06 ·cited 34×
  William Lanay Harvard, convicted of first-degree murder and sentenced to death in 1975, sought post-conviction relief claiming his death sentence violated Lockett v. Ohio because the sentencing judge improperly limited consideration of mitigating circumstances to those enumerated
• McGehee v. Wilkins
  31 Fla. 83· Fla.· 1893-01-01 ·cited 34×
  This case concerns the admissibility of a sheriff's deed in evidence. The court held that a valid judgment and execution must be shown before a sheriff's deed is admissible, especially when emanating from a court of limited jurisdiction. The court found that the justice's court l
• Torrey v. Bruner
  60 Fla. 365· Fla.· 1910-06-01 ·cited 33×
  The Florida Supreme Court reversed a Lake County decision refusing to record a New York probate of a will. The court held that a will probated in a sister state must be recorded in Florida when the probate was duly obtained and granted, and that the jurisdictional determinations
• United States v. Hoyland
  264 F.2d 346· 7th Cir.· 1959-02-20 ·cited 32×
  A voluntary plea of guilty, entered with advice of counsel and full understanding of consequences, waives the right to challenge the conviction based on alleged coercion, double jeopardy, or jurisdictional defects.
• Snell v. United States
  174 F.2d 580· 10th Cir.· 1949-05-10 ·cited 32×
  The court held that a defendant's motion to vacate a guilty plea and sentence should not have been denied without a hearing, as the record did not show an intelligent waiver of counsel.
• Arcadia Citrus Growers Ass'n v. Hollingsworth
  135 Fla. 322· Fla.· 1938-12-07 ·cited 31×
  The Florida Supreme Court held that a default judgment is not void and cannot be collaterally attacked when the defendant was properly served with adequate notice, despite a technical defect in the issuance of the summons that failed to comply with the statutory requirement of te
• In re Crateo, Inc. v. Intermark, Inc.
  536 F.2d 862· 9th Cir.· 1976-05-27 ·cited 30×
  The court held that a California corporation's petition for judicial supervision of its dissolution, when insolvent, constitutes an act of bankruptcy under 11 U.S.C. § 21(a)(5), and that post-judgment motions to vacate and requests for depositions were properly denied.
• Bambrick v. Bambrick
  165 So. 2d 449· Fla. 2d DCA· 1964-05-29 ·cited 30×
  George Bambrick challenges the dismissal of his complaint attacking the validity of a guardianship over him that was established in Pinellas County (where he was temporarily located) rather than Lake County (his domicile). The court held that while the County Judge's Court in Pin