Collateral Attack On Judgment

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

• Hawaii-Pacific Venture Cap. Corp. v. Rothbard
  564 F.2d 1343· 9th Cir.· 1977-11-28 ·cited 19×
  The court held that the would-be intervenors failed to demonstrate that the class action's disposition would practically impair their ability to protect their interests, and thus they were not entitled to intervention as a matter of right.
• In re Est. of Seymour J. Kant v. Kant
  272 So. 2d 153· Fla.· 1972-12-20 ·cited 19×
  The Florida Supreme Court held that the children of a deceased person have legal standing to collaterally attack a divorce decree purporting to dissolve their father's wife's prior marriage, where that decree is void and affects the children's inheritance rights. The decision res
• Beaty v. Inlet Beach, Inc.
  151 Fla. 495· Fla.· 1942-09-29 ·cited 19×
  A Florida Supreme Court case concerning title to property at Inlet Beach, with a complex procedural history involving tax deeds, mortgage foreclosure, and dissolution of a corporate property owner. The court upheld Inlet Beach, Inc.'s title based on a mortgage foreclosure, findin
• Stranahan House, Inc. v. City OF Fort Lauderdale
  967 So. 2d 1121· Fla. 4th DCA· 2007-11-14 ·cited 18×
  Stranahan House challenged the City of Fort Lauderdale's approval of a development site plan for property adjacent to the historic Stranahan House. The Fourth District Court of Appeal upheld the circuit court's denial of two petitions for certiorari, holding that Stranahan House
• Mendoza v. K-Mart, Inc.
  587 F.2d 1052· 10th Cir.· 1978-11-30 ·cited 18×
  The court held that the district court did not err in granting judgment n.o.v. on the malicious prosecution and false imprisonment claims, as the plaintiff failed to establish essential elements such as favorable termination of the prior prosecutions and lack of probable cause.
• Brown v. United States
  508 F.2d 618· 3d Cir.· 1974-12-31 ·cited 18×
  The dissenting judge would reverse the district court, holding that decisions concerning the adjudicatory power of tribunals, like the one in Greenwell, should be applied retroactively without resort to the Linkletter-Stovall calculus.
• Smith v. United States
  339 F.2d 519· 8th Cir.· 1964-12-30 ·cited 18×
  The court held that the trial court did not err in denying the motion to vacate the sentence, finding that the plea was entered voluntarily with understanding and that counsel was effective.
• Wilson v. Milligan
  147 So. 2d 618· Fla. 2d DCA· 1962-12-07 ·cited 18×
  This is the third appeal in a suit on a foreign judgment where the defendant challenges the Virginia court's jurisdiction to enter the original judgment. The court holds that a non-resident motor vehicle owner cannot be subjected to service under Virginia's non-resident motorist
• Southard v. Southard
  305 F.2d 730· 2d Cir.· 1962-07-23 ·cited 18×
• Ezra Lee Hereden v. United States
  286 F.2d 526· 10th Cir.· 1961-01-19 ·cited 18×
  A prior adjudication of insanity does not automatically necessitate a judicial determination of present competency if a subsequent psychiatric examination finds the defendant competent.
• Mfrs. Record Publ'g Co. v. Lauer
  268 F.2d 187· 5th Cir.· 1959-06-29 ·cited 18×
  A federal court cannot enjoin or nullify a judgment of a state's highest court, even if alleged to be erroneous, unless it was rendered without jurisdiction or in violation of due process.
• Risken v. United States
  197 F.2d 959· 8th Cir.· 1952-07-10 ·cited 18×
  The court held that a motion to vacate a sentence under 28 U.S.C.A. § 2255 is a collateral attack, and objections to the indictment's sufficiency, if not raised at trial or on direct appeal, are waived unless the indictment is fundamentally defective.
• Owens v. Hunter
  169 F.2d 971· 3d Cir.· 1948-07-30 ·cited 18×
  The court held that the judgment in the criminal case was not void, and therefore the petition for habeas corpus was properly denied.
• Hardee Sloan v. Brown
  114 Fla. 739· Fla.· 1934-05-10 ·cited 18×
  This case involves a habeas corpus petition seeking release from a contempt of court judgment. The court held that approaching and discussing a grand jury investigation with a grand juror constituted contempt of court, as it tended to obstruct the administration of justice.
• Wilson and Herr v. Hayward
  6 Fla. 171· Fla.· 1855-01-01 ·cited 18×
  In this equity foreclosure case, the Florida Supreme Court addresses the priority of claims when multiple promissory notes secured by a single mortgage are assigned to different parties and fall due at different times. The court adopts the Virginia rule that the holder of notes m
• Archbold Health Servs., Inc. v. Future Tech Bus. Sys., Inc.
  659 So. 2d 1204· Fla. 3d DCA· 1995-08-23 ·cited 17×
  A Florida court must enforce a Georgia judgment when the Georgia court considered and denied the defendant's jurisdictional challenges, as such rulings are res judicata and preclude collateral attack.
• A. v. Johnson
  145 Fla. 258· Fla.· 1940-12-06 ·cited 17×
  This case reviews a judgment based on a directed verdict in an ejectment suit. The appellate court affirmed the lower court's decision, finding that a prior judgment, upon which the plaintiff's title was based, was void due to lack of jurisdiction over the defendant in the origin
• Horn v. City of Miami Beach
  142 Fla. 178· Fla.· 1940-03-01 ·cited 17×
  In this tax deed dispute, the Florida Supreme Court addressed whether a motion to strike an answer and counterclaim was properly granted in a case involving competing claims to real estate—one based on a Master's sale of municipal tax deeds and the other based on state and county
• Love v. Gibson
  2 Fla. 598· Fla.· 1849-01-01 ·cited 17×
  Gibson sued Love for contribution toward a judgment Gibson paid on an executor's bond where both were sureties. The Florida Supreme Court held that the judgment against Gibson is conclusive (res adjudicata) against Love because Love had notice of the original suit and failed to d
• The Bank OF NEW York Mellon v. Condo. Ass'n OF LA MER Ests., Inc.
  175 So. 3d 282· Fla.· 2015-09-17 ·cited 16×
  The Florida Supreme Court held that a default judgment based on a complaint that fails to state a cause of action is voidable, not void, when the defendant was properly notified and had adequate opportunity to raise the pleading defect before judgment. This decision resolves a co
• Page v. Schweiker
  786 F.2d 150· 3d Cir.· 1986-03-14 ·cited 16×
  The court should have reached the merits of the standing issue and concluded that the plaintiff lacked standing to challenge the cross-program recoupment provision.
• Peacock v. The Bd. OF Sch. Comm'rs OF the City OF Indianapolis
  721 F.2d 210· 7th Cir.· 1983-11-16 ·cited 16×
  The court held that the denial of a Rule 60(b) motion to vacate a prior dismissal was not an abuse of discretion because the grounds presented did not meet the requirements for relief under Rule 60(b)(2) or 60(b)(6).
• Application of Dr. Frank Kacher for an Order staying Writs of Replevin at Nos. 2966 & 2967 July Term v. Pittsburgh Nat'l Bank
  545 F.2d 842· 3d Cir.· 1976-11-02 ·cited 16×
  The majority held that Fuentes v. Shevin would not be applied retroactively to foreclosure proceedings commenced before its decision, barring Kacher's claim for damages.
• Hines v. State
  195 So. 2d 605· Fla. 2d DCA· 1967-03-01 ·cited 16×
  Robert Lee Hines appealed the denial of his motion to vacate a conviction and sentence following his guilty plea to robbery. The court affirmed the lower court's denial, holding that his voluntary guilty plea waived any non-jurisdictional defects he later sought to challenge.
• United States v. Davis
  319 F.2d 482· 6th Cir.· 1963-06-25 ·cited 16×
  A defendant's guilty plea, entered with counsel and understanding, cannot be collaterally attacked over a year later based on allegations contradicted by the arraignment record.
• Buder v. Bell
  306 F.2d 71· 6th Cir.· 1962-07-27 ·cited 16×
  The appellate court held that the district court erred in granting a writ of habeas corpus, as the petitioner's claims did not rise to the level of a due process violation but were matters for direct appeal.
• Lopez v. United States
  217 F.2d 526· 9th Cir.· 1954-11-24 ·cited 16×
  The court held that a motion to set aside a sentence can be litigated even if the movant would not immediately benefit from the relief.
• Dodd v. United States
  196 F.2d 190· 10th Cir.· 1952-04-18 ·cited 16×
  The court held that the trial court's acceptance of guilty pleas resolved the issue of mental capacity, and the subsequent findings on coercion claims were supported by evidence, precluding collateral attack.
• Howard v. United States
  186 F.2d 778· 6th Cir.· 1951-02-09 ·cited 16×
  The court held that the record did not conclusively show the prisoner was entitled to no relief, requiring a hearing on his motion to vacate the judgment.
• Bennett v. Hunter
  155 F.2d 223· 10th Cir.· 1946-04-27 ·cited 16×
  A judgment of sentence by a court of competent jurisdiction may not be collaterally attacked in a habeas corpus proceeding based on the issue of insanity, absent a showing of fraud.
• Grisso v. United States
  138 F.2d 996· 10th Cir.· 1943-11-10 ·cited 16×
  The court held that deeds executed without required approval and a partition action that did not properly address restricted land status were invalid.
• Myakka Co. v. Edwards
  68 Fla. 372· Fla.· 1914-11-24 ·cited 16×
  In this equity case, the Florida Supreme Court addressed whether a prior decree quieting title in Myakka Company was binding on Edwards when the constructive service in that prior suit allegedly failed to comply with statutory requirements. The court held that the publication of
• Niki Unlimited, Inc. v. Legal Servs. OF Greater Miami
  483 So. 2d 46· Fla. 3d DCA· 1986-01-14 ·cited 15×
  Niki Unlimited appealed the denial of its motion to set aside a final judgment awarding attorney's fees to Legal Services of Greater Miami. The court affirmed, holding that because the motion for attorney's fees was heard on the merits rather than entered by default, Niki's failu
• Watts v. Pinckney
  752 F.2d 406· 9th Cir.· 1985-01-22 ·cited 15×
• Kessler v. Townsley
  132 Fla. 744· Fla.· 1938-06-13 ·cited 15×
  The Florida Supreme Court affirmed the trial court's sustaining of a demurrer to an amended declaration in a case where the plaintiff attempted to sue defendants for perjury and conspiracy to commit perjury based on their testimony in a prior suit. The court held that such action
• Bankruptcy v. Commercial Inv. Tr.
  103 Fla. 609· Fla.· 1931-11-19 ·cited 15×
  Commercial Investment Trust, Incorporated sought to set aside a default judgment rendered against it, claiming lack of personal jurisdiction because service was made on the wrong entity (C.I.T. rather than C.I.T., Incorporated). The Florida Supreme Court held that because the def
• Merchs. & Mechanics Bank v. Sample
  98 Fla. 759· Fla.· 1929-10-23 ·cited 15×
  In this case involving a joint and several note, the Florida Supreme Court held that where a creditor obtains a judgment against only one of multiple joint obligors, that judgment—though erroneous—does not deprive the court of jurisdiction over co-obligors whose pleas remain undi
• Browning v. Navarro
  826 F.2d 335· 5th Cir.· 1987-08-26 ·cited 14×
  The court held that allegations of corrupt abuse of the judicial process, if proven, can serve as a basis to collaterally attack a state court judgment in bankruptcy proceedings.
• Whitmore v. Maggio
  742 F.2d 230· 5th Cir.· 1984-09-24 ·cited 14×
  The court affirmed the denial of habeas relief regarding sufficiency of evidence and jury instructions but remanded for further consideration of the Eighth Amendment issue concerning the sentence's proportionality.
• Houghton v. Foremost Fin. Servs. Corp.
  724 F.2d 112· 10th Cir.· 1983-12-30 ·cited 14×
  The court held that a genuine dispute of material fact existed regarding Foremost's knowledge of the mobile home's location when initiating replevin, which is relevant to the Houghtons' false imprisonment and abuse of process claims.
• Herout v. Freeman D. Lawrence
  423 So. 2d 558· Fla. 1st DCA· 1982-12-15 ·cited 14×
  Gladys Herout appealed a summary judgment dismissing her paternity action against Freeman Lawrence, where she sought to establish him as the biological father of her son and obtain retroactive child support. The court affirmed, holding that Herout was equitably estopped from deny
• Truitt v. Truitt
  383 So. 2d 276· Fla. 5th DCA· 1980-05-07 ·cited 14×
  The court held that the wife's claim of perjury by the husband in a prior dissolution proceeding, which induced her to dismiss a counterclaim on a promissory note, constituted intrinsic fraud and not fraud on the court, thus barring a subsequent independent action.
• Pardo v. Wilson Line OF Wash., Inc.
  414 F.2d 1145· D.C. Cir.· 1969-05-23 ·cited 14×
  The court affirmed the district court's refusal to enforce the New York judgment, finding no valid jurisdiction over the appellees in the New York courts.
• Herschel Levy v. Gourmet Masters, Inc.
  214 So. 2d 82· Fla. 3d DCA· 1968-03-26 ·cited 14×
  In this corporate stockholder dispute, the court reversed a judicial sale of Gourmet Masters, Inc. assets for $4,500 due to inadequate price and failure to disclose the nature and amount of assets being sold. The court also reversed a temporary injunction issued against judgment
• Gillyard v. State
  175 So. 2d 798· Fla. 3d DCA· 1965-04-06 ·cited 14×
  Allegations that counsel was ineffective—failing to know facts of the case, conferring with the defendant, or producing promised witnesses—are sufficiently specific to require a formal evidentiary hearing in the trial court on a motion for collateral relief.
• Fish v. State
  159 So. 2d 866· Fla.· 1964-01-24 ·cited 14×
  Fish, an indigent defendant convicted of misdemeanors without appointed counsel, challenged his confinement under Florida's new post-Gideon collateral attack procedure. The Florida Supreme Court held that Gideon v. Wainwright does not constitutionally require appointed counsel in
• Bellis Robinson v. United States
  313 F.2d 817· 7th Cir.· 1963-02-12 ·cited 14×
  The court held that portions of a judgment based on counts that fail to state an offense are void and subject to collateral attack, and that an erroneous parole provision in a sentence reflects the sentencing judge's intent and requires correction.
• Wayside Transp. Co., Inc. v. Marcell's Motor Express, Inc.
  284 F.2d 868· 1st Cir.· 1960-12-15 ·cited 14×
  A Vermont court's judgment, even if based on a jurisdictional ruling, is res judicata and entitled to full faith and credit in federal court if the defendant appeared and litigated the jurisdictional issue.
• MacFadden v. Byrnece Muckerman
  116 So. 2d 448· Fla. 3d DCA· 1959-12-17 ·cited 14×
  A bill of review seeking to set aside a divorce decree thirteen years after its entry, based on allegations of intrinsic fraud regarding residency, fails to state a cause of action.
• O'Boyle v. Bevil
  259 F.2d 506· 5th Cir.· 1958-09-26 ·cited 14×
  The dissenting judge believes the suit constitutes a collateral attack on prior judgments and should be dismissed on that basis, but disagrees with the majority on other aspects of the judgment.