Collateral Attack On Judgment

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

• Alleghany Corp. v. Kirby
  333 F.2d 327· 2d Cir.· 1964-05-19 ·cited 30×
  The court held that a state judgment should not be set aside in a collateral action due to alleged fraud, especially when the fraud was not directly committed by the party seeking to benefit from the judgment and the information was substantially presented to the original court.
• Margolis v. Nazareth Fair Grounds & Farmers Mkt., Inc.
  249 F.2d 221· 2d Cir.· 1957-11-08 ·cited 30×
  Bankruptcy courts possess equitable powers to inquire into the validity of claims previously reduced to judgment, especially when fraud is alleged, and are not strictly bound by res judicata in such circumstances.
• Pen-Ken GAS & OIL Corp. v. Warfield Natural Gas Co.
  137 F.2d 871· 6th Cir.· 1943-06-01 ·cited 30×
  The court held that the record supported the conclusion that the party had no interest in the land at the time of the forfeiture action, and that the prior opinion's reasoning regarding the posting of notice and the best evidence rule was ultimately correct despite minor inaccura
• Lee v. Patten
  34 Fla. 149· Fla.· 1894-06-01 ·cited 30×
  Edmund Lee appeals a decree ordering him to convey land to George Patten, holding that Lee holds legal title in trust for Patten as successor to Robert Gamble's equitable interest. The court affirmed, finding that Lee fraudulently entered the land in his own name using Gamble's m
• Fay Clinton Harris v. United States
  288 F.2d 790· 8th Cir.· 1961-04-14 ·cited 28×
  A defendant's guilty plea waives non-jurisdictional defects in the charging instrument, and a motion to correct sentence under § 2255 cannot collaterally attack a judgment for such defects, especially when the defendant understood the charges and suffered no prejudice.
• Wright v. United States
  732 F.2d 1048· 2d Cir.· 1984-01-24 ·cited 27×
  The court held that even if the prosecutor's wife's involvement created an appearance of impropriety, it did not rise to the level of a constitutional violation or a fundamental defect warranting relief under 28 U.S.C. § 2255.
• State ex rel. N. Buckner v. Culbreath
  147 Fla. 560· Fla.· 1941-06-27 ·cited 27×
  The Florida Supreme Court affirmed the commitment of optometrists to county jail for contempt of court after they violated an injunction against practicing optometry. The court held that habeas corpus is not the proper remedy to challenge the underlying validity of an injunction;
• Browning v. Navarro
  887 F.2d 553· 5th Cir.· 1989-10-23 ·cited 26×
  The court held that res judicata bars Holloway's claim that the state court judgment was fraudulent, as it could have been raised in a prior federal action. The court also found the clean hands doctrine did not provide a basis to vacate the judgment.
• Childs v. State
  190 So. 2d 605· Fla. 3d DCA· 1966-10-11 ·cited 26×
  A voluntary guilty plea waives non-jurisdictional defects, and the record did not show prejudice from counsel's brief absence during testimony.
• LEE v. State
  173 So. 2d 520· Fla. 1st DCA· 1965-04-06 ·cited 26×
  Otis Lee, a Black man convicted of rape and sentenced to life imprisonment, sought collateral review under Criminal Procedure Rule 1 arguing systematic racial exclusion from grand and petit juries, denial of counsel, and admission of an involuntary confession. The Florida Court o
• Griffith v. Bank of N.Y.
  147 F.2d 899· 2d Cir.· 1945-02-16 ·cited 26×
  A federal court may entertain an action to set aside a state court judgment obtained by duress, even if a state court previously dismissed a related petition on procedural grounds.
• Hillyer & Lovan & New Amsterdam Cas. Co. v. Fla. Indus. Comm'n
  155 Fla. 144· Fla.· 1944-11-07 ·cited 26×
  In a workers' compensation case involving two wives of the deceased employee, the Florida Supreme Court determined that the second marriage was invalid because the deceased was never divorced from his first wife. The Court reversed the Industrial Commission's award to the second
• Helms v. Holmes
  129 F.2d 263· 4th Cir.· 1942-06-15 ·cited 26×
  A bankrupt who fails to plead a discharge in bankruptcy as a defense in a state court action on a discharged debt waives that defense, and a subsequent default judgment is valid and enforceable.
• United States ex rel. John McGRATH v. LaVALLEE
  348 F.2d 373· 2d Cir.· 1965-07-14 ·cited 25×
  The court held that the guilty plea was voluntary and not the product of coercion, and that a new claim regarding sentencing based on an allegedly erroneous probation report was not yet ripe for federal adjudication due to failure to exhaust state remedies.
• United States v. Thomas
  291 F.2d 478· 6th Cir.· 1961-06-23 ·cited 25×
  The court held that the appellant's claim of mental incompetency at the time of trial could be raised under Section 2255, but the district court was not required to grant a hearing if the files and records conclusively showed no entitlement to relief.
• Roberts v. Seaboard Sur. Co.
  158 Fla. 686· Fla.· 1947-04-01 ·cited 25×
  This case concerns whether a default judgment against Seaboard Surety Company was properly entered when the underlying declaration named it as a joint defendant alongside Southeastern Construction Company, but the bill of particulars (made part of the declaration) showed an accou
• Norwich Union Indem. Co. v. Millard F. Willis (Aetna Cas. & Sur. Co.
  124 Fla. 137· Fla.· 1936-04-11 ·cited 25×
  Norwich Union Indemnity Company appeals a garnishment judgment requiring it to pay a five-year-old judgment that had been assigned to Aetna Casualty & Surety Company. The Florida Supreme Court affirmed, holding that the insurer remained liable under the policy despite the delay i
• Robinson v. Epping
  24 Fla. 237· Fla.· 1888-06-01 ·cited 25×
  Robinson appeals from a judgment on a bond given as surety for Hirschfelder's obligation to pay a sum found due in a chancery suit. The Florida Supreme Court affirms the lower court's jurisdiction to appoint an administrator of Hirschfelder's estate in Escambia County but reverse
• Farrell v. State
  62 So. 3d 20· Fla. 1st DCA· 2011-03-22 ·cited 24×
  The court held that a petition for writ of habeas corpus is an improper method to collaterally attack a judgment and sentence when other remedies have been exhausted or are time-barred.
• United States v. Massimo
  432 F.2d 324· 2d Cir.· 1970-09-25 ·cited 24×
  The court should vacate the conviction and remand for further inquiry regarding the interrogation and stipulation.
• Lucius J. Breeland v. Sec. Ins. Co. OF NEW Haven
  421 F.2d 918· 5th Cir.· 1969-11-10 ·cited 24×
  A prior criminal conviction for insurance fraud conclusively establishes the fraud issue in a subsequent civil suit by the insured, precluding relitigation.
• Settimo (Sam) Accardi v. Olin G. Blackwell
  412 F.2d 911· 5th Cir.· 1969-06-11 ·cited 24×
  The court held that the district court properly denied the appellant's motions for correction of sentence and for a writ of habeas corpus.
• Sanders v. United States
  205 F.2d 399· 5th Cir.· 1953-06-18 ·cited 24×
  The court held that the district court erred in denying a hearing on the motion to vacate sentence, as the record did not conclusively show the prisoner was entitled to no relief.
• Stafford Allison v. Baker
  152 Fla. 274· Fla.· 1943-01-05 ·cited 24×
  Stafford Allison sought habeas corpus relief while imprisoned under a 15-year sentence, challenging his detention pending a murder indictment. The Florida Supreme Court affirmed the denial of the writ, holding that habeas corpus relief would be futile where the petitioner would r
• U.S. Bank Nat'l Ass'n v. Anthony-Irish
  204 So. 3d 57· Fla. 5th DCA· 2016-10-14 ·cited 23×
  U.S. Bank appealed the trial court's denial of its motion to vacate a final foreclosure judgment that had been subsequently vacated by the trial court itself. The Fifth District affirmed the denial, holding that U.S. Bank's motion was untimely under Rule 1.540(b) and that the tri
• Jahzwah Johnson v. State
  947 So. 2d 1192· Fla. 3d DCA· 2007-01-24 ·cited 23×
  The appellate court affirmed the trial court's denial of the habeas corpus petition without prejudice, finding it was filed in the incorrect court.
• Harris Tr. & Sav. Bank v. Ellis
  810 F.2d 700· 7th Cir.· 1987-01-27 ·cited 23×
• Berkman v. ANN Lewis Shops, Inc.
  246 F.2d 44· 2d Cir.· 1957-06-12 ·cited 23×
  The court held that the defendant's activities in organizing and establishing a subsidiary in Florida constituted a 'business venture' sufficient to establish jurisdiction under Florida law.
• Bannister v. United States
  446 F.2d 1250· 3d Cir.· 1971-07-07 ·cited 22×
  The court held that a voluntary guilty plea, entered with comprehension of then-existing circumstances, is generally invulnerable to collateral attack, even on constitutional grounds.
• State v. Pitts
  241 So. 2d 399· Fla. 1st DCA· 1970-12-03 ·cited 22×
  The Florida appellate court reversed the trial court's decision to vacate death sentences for Pitts and Lee based on a Rule 1.850 collateral attack motion. Although the trial court found guilt pleas may have been coerced and evidence was suppressed, the appellate court held the e
• Est. of Hamilton H. Peyton v. Commissioner OF Internal Revenue
  323 F.2d 438· 8th Cir.· 1963-10-15 ·cited 22×
  A state probate court's determination of property rights is not binding on the federal tax authorities if the proceeding was collusive, even if it was non-adversarial.
• Inez Stengel GAY v. Heller
  252 F.2d 313· 5th Cir.· 1958-02-11 ·cited 22×
  A state judge and curator are immune from suit for actions taken within their official capacity, but an attorney can be sued for breaching their fiduciary duty to a client, even if the breaches contributed to court orders that were not appealed.
• Burns v. United States
  229 F.2d 87· 8th Cir.· 1956-01-24 ·cited 22×
  The court held that a motion to vacate a judgment under 28 U.S.C.A. § 2255 cannot serve as a substitute for a direct appeal to challenge the sufficiency of the indictment or evidence, and successive motions are not required to be entertained.
• Hicklin v. Edwards
  226 F.2d 410· 8th Cir.· 1955-10-28 ·cited 22×
  A default judgment is void if the defendant was not properly served, and Rule 60(b) of the Federal Rules of Civil Procedure requires relief from such judgments, regardless of state law on the conclusiveness of an officer's return.
• Tooisgah v. United States
  186 F.2d 93· 10th Cir.· 1950-12-05 ·cited 22×
  A federal court's determination of its own jurisdiction, even if erroneous, is not subject to collateral attack under 28 U.S.C. § 2255 if the court had the power to enter upon the inquiry.
• Bradburn v. McINTOSH
  159 F.2d 925· 10th Cir.· 1947-02-04 ·cited 22×
  The court held that the order restoring Nancy to capacity was not void, and the bank was a holder in due course, thus Nancy was not entitled to relief against the McIntoshes or the bank.
• Hinchee v. Golden OAK Bank
  540 So. 2d 262· Fla. 2d DCA· 1989-03-31 ·cited 21×
  The court held that a domesticated California judgment was valid because the California court had jurisdiction over the defendants and the judgment was not obtained by extrinsic fraud.
• Roth v. State
  385 So. 2d 114· Fla. 3d DCA· 1980-06-10 ·cited 21×
  Joseph Roth, convicted of first-degree murder and sentenced to 25 years imprisonment, sought collateral relief arguing he could not have intelligently waived his constitutional right to trial by a twelve-person jury. The court affirmed the denial of his post-conviction relief, ho
• Henoch Mendelsund v. Southern-Aire Coats OF Fla., Inc.
  210 So. 2d 229· Fla. 3d DCA· 1968-05-07 ·cited 21×
  A Florida court reviews whether a New York arbitration award and judgment confirming it against a Florida corporation (Southern-Aire) should be enforced in Florida. The court holds that Southern-Aire, having been properly served and represented in the New York proceedings and fou
• Lyle v. Hunter
  102 Fla. 972· Fla.· 1931-09-19 ·cited 21×
  In this appeal, the Florida Supreme Court addressed whether a judgment could be collaterally attacked as void when it was rendered by a qualified judge but based on testimony taken by a master appointed by a disqualified judge. The court held that such a judgment is not subject t
• Elijah P. Rushing et ux. v. Thompson's Executors
  20 Fla. 583· Fla.· 1884-01-01 ·cited 21×
  In this equity case involving a deed challenged for fraud, the Florida Supreme Court affirmed a decree pro confesso and subsequent referee trial, holding that a referee appointed by the court is a de facto judicial officer whose acts cannot be collaterally attacked, and that stat
• City OF Miami v. Coconut Grove Marine Props., Inc.
  358 So. 2d 1151· Fla. 3d DCA· 1978-05-16 ·cited 20×
  The City of Miami condemned private property ostensibly for public park purposes under its 'Parks for People' bond program, but subsequently leased the property to private businesses and solicited bids for a private shopping mall development. The former owners sued for damages, c
• Scola v. Boat Frances R., Inc.
  546 F.2d 459· 1st Cir.· 1976-12-30 ·cited 20×
  A state court consent judgment procured by extrinsic fraud is subject to collateral attack and does not bar a seaman's suit, especially when the defendant shipowner fails to prove the judgment was freely and knowingly executed.
• Sampson v. Radio Corp. OF Am.
  434 F.2d 315· 2d Cir.· 1970-11-10 ·cited 20×
  The court held that the denial of a motion to vacate a judgment under Rule 60(b) is reviewed for abuse of discretion, and the trial court did not abuse its discretion in denying the motion.
• Hennig v. Hennig
  162 So. 2d 288· Fla. 3d DCA· 1964-03-10 ·cited 20×
  Robert Hennig appeals the denial of his motion to dismiss in an action seeking to establish his title to real property. The court held that a final divorce decree divesting him of property interest was subject to collateral attack because the real estate was not described in the
• Lipscomb v. United States
  273 F.2d 860· 8th Cir.· 1960-01-27 ·cited 20×
  The court held that a writ of error coram nobis was not the proper remedy to challenge a sentence that was legally imposed and that the trial court did not err in considering the defendant's extensive criminal record during sentencing.
• Gannon v. Am. Airlines, Inc.
  251 F.2d 476· 10th Cir.· 1957-07-03 ·cited 20×
  The court affirmed the denial of claims by Carroll Britton and McBride Bone & Joint Clinic, while vacating other parts of the judgment and remanding for disbursement according to a stipulation.
• United States ex rel. Weddeke v. Watkins
  166 F.2d 369· 2d Cir.· 1948-02-04 ·cited 20×
  The court held that the denial of habeas corpus was proper because the Immigration Service was not required to entertain a collateral attack on a state court conviction when denying discretionary relief from deportation.
• Towns v. State
  102 Fla. 188· Fla.· 1931-06-25 ·cited 20×
  The Florida Supreme Court reversed an ouster judgment against supervisors of Jumper Creek Drainage District, holding that the General Drainage Law and validating legislation were constitutional and that a decree creating the district was valid despite being entered by a judge fro
• Sec. Fin. Co. v. Gentry
  91 Fla. 1015· Fla.· 1926-06-02 ·cited 20×
  Security Finance Company obtained a default judgment against the Gentry defendants for non-payment on a promissory note. The Florida Supreme Court affirmed the trial court's invalidation of that judgment, holding that the clerk lacked statutory authority to enter a final default