Collateral Attack On Judgment

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

• Kincade v. Jeffery-De Witt Insulator Corp.
  242 F.2d 328· 5th Cir.· 1957-03-21 ·cited 14×
  A party who actively participates in a lawsuit, even if not initially named, and fails to disavow actions taken on their behalf, becomes bound by the court's judgment.
• Kimbrough v. United States
  226 F.2d 485· 5th Cir.· 1955-10-28 ·cited 14×
  The court held that a district judge may deny a motion to vacate a sentence without a hearing if the record conclusively shows no material issue of fact entitling the movant to relief.
• State of Fla. ex rel. William Bradford Huie v. Lewis
  80 So. 2d 685· Fla.· 1955-05-20 ·cited 14×
  William Bradford Huie sought habeas corpus relief from a contempt of court conviction for attempting to influence an appointed court psychiatrist examining the sanity of defendant Ruby McCollum in a pending murder case. The Florida Supreme Court affirmed the contempt conviction,
• Meadows v. Radio Indus., Inc.
  222 F.2d 347· 7th Cir.· 1955-05-06 ·cited 14×
  The court held that an employment contract lacking specified duration or mutuality is terminable at will and unenforceable.
• Miami Retreat Found. v. Ervin
  62 So. 2d 748· Fla.· 1952-12-19 ·cited 14×
  The Florida Supreme Court reversed a lower court decision that had found Miami Retreat Foundation not to be a charitable organization and had removed directors and granted Ruth Reed half the Foundation's assets. The court held that the Foundation qualified as a charitable organiz
• McELROY v. Pegg
  167 F.2d 668· 10th Cir.· 1948-04-19 ·cited 14×
  The court held that a curative act of Congress validated a conveyance of restricted Indian land made without the Secretary of the Interior's approval, and that the prior guardianship order was void due to lack of personal service.
• Citizens Protective League v. Clark
  D.D.C.· 1946-05-02 ·cited 14×
  The Alien Enemy Act of 1798 is constitutional and has not been repealed, and the President has broad, unreviewable power to remove alien enemies during wartime.
• Carter Oil Co. v. Norman
  131 F.2d 451· 7th Cir.· 1942-11-17 ·cited 14×
  The court held that the exception in the Adoption Act preventing adoptive parents from inheriting property gifted to an adopted child from blood kindred does not apply when the adoptive parent is the one who gifted the property, even if they are related by blood.
• Ex-Parte J. C. H.
  17 Fla. 362· Fla.· 1879-06-01 ·cited 14×
  In this habeas corpus proceeding, the Florida Supreme Court upheld the Circuit Court's authority to imprison a man until he complies with a court order to post a bond for child support obligations under the bastardy act. The court held that the power to enforce specific performan
• Varnes v. Kirk
  251 So. 2d 324· Fla. 1st DCA· 1971-08-12 ·cited 13×
  The court held that a prior judgment is not subject to collateral attack if the court had jurisdiction over the subject matter and the parties.
• Austin v. Smith
  312 F.2d 337· D.C. Cir.· 1962-11-21 ·cited 13×
  The court held that the marshal's return and affidavit supported a finding of proper service, and thus the motion to vacate the default judgment was correctly denied.
• United States v. Joe and Wanda Kabinto
  456 F.2d 1087· 9th Cir.· 1972-02-18 ·cited 12×
  The court held that the prior judgment in Healing v. Jones, which awarded land to the Hopi Tribe, is res judicata and bars the current claims of Navajo Indians seeking to occupy that land based on aboriginal title.
• Tibbett v. Hand
  294 F.2d 68· 10th Cir.· 1961-07-05 ·cited 12×
  The failure of a court reporter to fully comply with statutory record-keeping requirements does not, under Kansas law or the Fourteenth Amendment, deprive a state court of jurisdiction or violate the right to equal protection.
• Bergeson v. Life Ins. Corp. OF Am.
  265 F.2d 227· 10th Cir.· 1959-03-16 ·cited 12×
  The court held that the first claim for breach of fiduciary duty failed because the corporation suffered no damage, but the second claim for stock issued without adequate consideration could proceed on a quasi-contract theory.
• City OF Dunedin v. Bense
  90 So. 2d 300· Fla.· 1956-10-17 ·cited 12×
  The Florida Supreme Court held that Chapter 29691, Laws of Florida 1955, is partially unconstitutional because it attempted to confer original trial jurisdiction on the Supreme Court in violation of the Florida Constitution. The Court upheld only the severability clause portion m
• Solomon McNAIR v. United States
  235 F.2d 856· D.C. Cir.· 1956-07-12 ·cited 12×
  The court held that the appellant failed to meet his burden of proving he did not waive his right to counsel at arraignment, despite the delay in challenging his conviction.
• De Bobula v. Goss
  193 F.2d 35· D.C. Cir.· 1951-11-15 ·cited 12×
  The court held that a subsequent suit alleging fraud in a prior eviction judgment is barred as a collateral attack on that judgment.
• Christakos v. Hunter
  161 F.2d 692· 10th Cir.· 1947-05-12 ·cited 12×
  The court held that the petitioner failed to meet the burden of proof to invalidate the judgments of conviction through a habeas corpus petition.
• Tallentire v. Leonora Forney Burkhart
  153 Fla. 278· Fla.· 1943-07-02 ·cited 12×
  Intervenors who are strangers to a judgment lack standing to collaterally attack a decree unless their personal or property rights are injuriously affected.
• Finlayson v. Lipscomb
  16 Fla. 751· Fla.· 1878-06-01 ·cited 12×
  In this mortgage foreclosure dispute, the Florida Supreme Court affirmed a decree of foreclosure against John B. Lipscomb, rejecting his defense that the mortgagee (W. J. Hines, acting as executor and trustee) had agreed to cancel the mortgage debt in exchange for bidding in the
• Josiah T. Budd v. Wm. Ryal Long
  13 Fla. 288· Fla.· 1869-01-01 ·cited 12×
  Long, a free person of color, purchased land in 1863 through Bradley as a straw purchaser due to legal disabilities. When the original vendor Clem was sued by Kemp's estate, an attachment and subsequent judgment lien were placed on the property. The Florida Supreme Court held tha
• Abner M. Sessions v. Stevens
  1 Fla. 233· Fla.· 1847-01-01 ·cited 12×
  Sessions brought suit against Stevens on a promissory note for $106 assigned by the original payee Wyrick. The trial court directed a verdict for Stevens based on a prior garnishment judgment against Wyrick for $71 on the same note, which the court held to be a bar to Sessions' r
• In re Corey v. Herbert H.K. Loui
  892 F.2d 829· 9th Cir.· 1989-12-27 ·cited 11×
  The court held that the 1971 transaction was a sale, not a mortgage, and affirmed the district court's findings regarding ownership, plan confirmation, and other related matters.
• Sharpe v. Calabrese
  528 So. 2d 947· Fla. 5th DCA· 1988-07-14 ·cited 11×
  A judgment creditor ex-wife sought to foreclose a recorded money judgment lien against real property conveyed by the judgment debtor ex-husband to innocent third-party purchasers. The trial court denied foreclosure on equitable grounds, but the appellate court reversed, holding t
• In re Wolverton v. Wolverton
  491 F.2d 361· 9th Cir.· 1974-01-03 ·cited 11×
  The court should reverse and remand, directing the return of money to Time.
• Mrs. Bettie Hallie Stirling Roecker v. United States
  379 F.2d 400· 5th Cir.· 1967-01-05 ·cited 11×
  The court held that a bill of review action improperly removed to federal court must be remanded to state court, and the interpleader action should be held in abeyance pending the state court's determination of the validity of a prior state court decree changing a life insurance
• Webb v. Gregory
  105 So. 2d 183· Fla. 3d DCA· 1958-07-30 ·cited 11×
  The court held that the injunction restraining execution of a civil court judgment was improvidently issued because the equity court lacked authority to enjoin the judgment on the basis presented and statutory requirements for an injunction were not met.
• Gibbons v. Brandt
  170 F.2d 385· 7th Cir.· 1947-11-07 ·cited 11×
  A third party injured by a fraudulently procured judgment may assert that fraud as a defense when the judgment creditor seeks to enforce the lien against their property.
• Poshia McMillon and William M. McMillon v. Harrison
  66 Fla. 200· Fla.· 1913-10-28 ·cited 11×
  The Florida Supreme Court affirmed the dismissal of a bill seeking to cancel a judgment and sheriff's deed, holding that a sheriff's return on a summons showing delivery to multiple defendants was sufficiently clear to establish jurisdiction, even without the word 'severally' bei
• Zehnbar v. Spillman
  25 Fla. 591· Fla.· 1889-06-01 ·cited 11×
  In this second appeal, the Florida Supreme Court addressed whether a decree removing trustees of the St. Johns Co-operative Colony was void due to procedural defects, and whether executions could be levied against trust property. The court held the removal decree void for lack of
• Gotham Ins. Co. v. Matthew
  179 So. 3d 437· Fla. 5th DCA· 2015-11-13 ·cited 10×
  Gotham Insurance Company, as the insurer of Coastal Title Insurance (a defendant), sought to vacate an amended default judgment entered against Coastal 18 months after the original default judgment. The court held that Gotham had standing as a non-party whose rights would be adve
• Anant Kumar Tripati v. First Nat'l Bank & Tr.
  821 F.2d 1368· 9th Cir.· 1987-07-10 ·cited 10×
  The court held that the district court did not abuse its discretion in denying the motion for leave to proceed in forma pauperis because the complaint was frivolous and lacked arguable substance.
• Michutka v. State
  506 So. 2d 1· Fla. 1st DCA· 1986-12-10 ·cited 10×
  Michutka appeals the summary denial of his post-conviction relief motion challenging his felony convictions for defrauding an innkeeper and grand theft. The court reversed, holding that the information charging him failed to allege the required $100+ value element, meaning he cou
• Zoning Bd. OF Monroe Cnty. v. Hood
  484 So. 2d 1331· Fla. 3d DCA· 1986-03-11 ·cited 10×
  The court held that a stipulated final judgment, once entered and not appealed, is binding and enforceable, and the County Commissioners could not unilaterally reverse a decision made pursuant to that judgment.
• Toyo Menka Kaisha, Ltd. v. The United States
  597 F.2d 1371· Ct. Cl.· 1979-05-16 ·cited 10×
  A bid that deviates substantially from the invitation's essential requirements regarding price, quantity, or quality is nonresponsive, rendering any resulting contract void ab initio and precluding recovery for breach or quantum meruit.
• Makres v. Reuben O'Donovan Askew
  500 F.2d 577· 5th Cir.· 1974-09-18 ·cited 10×
  Florida's six-month divorce residency requirement is constitutional as it serves the state's compelling interest in ensuring the validity and stability of its divorce decrees.
• von Eberstein v. State
  270 So. 2d 444· Fla. 1st DCA· 1972-11-02 ·cited 10×
  Von Eberstein sought to overturn his conviction for breaking and entering with intent to commit grand larceny through a collateral attack, arguing insufficient evidence of the required intent element. The court held that a conviction without proof of an essential element violates
• United States v. Cooper
  410 F.2d 1128· 5th Cir.· 1969-05-01 ·cited 10×
  The court held that the trial court did not abuse its discretion in denying the motion to withdraw a guilty plea, as the defendant's claims were rebutted by his own statements and did not present manifest injustice.
• Allen v. United States Fid. & Guar. Co.
  342 F.2d 951· 9th Cir.· 1965-03-18 ·cited 10×
  A federal court cannot collaterally attack a state court judgment for procedural defects if the state court determined those defects were not fatal to jurisdiction, especially when the defects do not deprive the defendant of fair notice.
• Mason v. State
  167 So. 2d 618· Fla. 1st DCA· 1964-10-01 ·cited 10×
  Henry Mason challenged his 1962 25-year sentence for armed robbery via collateral motion, claiming he did not knowingly and intelligently waive his right to counsel when he entered his guilty plea. The Florida appellate court affirmed the trial court's denial of the motion, holdi
• Vandergrift v. United States
  313 F.2d 93· 9th Cir.· 1963-02-05 ·cited 10×
  A trial court's remark, even if erroneous and prejudicial, does not present a constitutional question cognizable in a collateral attack under 28 U.S.C. § 2255 if it could have been raised on direct appeal.
• Kan. City Operating Corp. v. Durwood
  278 F.2d 354· 8th Cir.· 1960-05-16 ·cited 10×
  A party cannot recover indemnity for losses stemming directly from its own fraudulent conduct or conspiracy, even if the indemnity agreement itself is facially valid.
• Bowen v. United States
  260 F.2d 266· 5th Cir.· 1958-11-05 ·cited 10×
  The court held that the movant's claims do not constitute grounds for collateral attack on the judgment of conviction.
• Neal v. Neal
  250 F.2d 885· 10th Cir.· 1957-11-06 ·cited 10×
  The court held that the plaintiffs failed to establish a claim for their inheritance from their grandmother's estate, as her will satisfied any contractual obligations. Claims regarding the grandfather's estate were dismissed as collateral attacks on probate court decrees.
• Chapman v. United States
  247 F.2d 879· 6th Cir.· 1957-09-10 ·cited 10×
  A motion to vacate sentence under 28 U.S.C. § 2255 cannot be used to collaterally attack a judgment based on a defect that was apparent on the face of the record and should have been raised on direct appeal.
• Tesseyman v. Fisher
  231 F.2d 583· 9th Cir.· 1955-12-08 ·cited 10×
  The dismissal of a petition for intervention was within the trial court's discretion because the petitioner had no legal interest in the property and the application was untimely.
• Werntz v. Looney
  208 F.2d 102· 10th Cir.· 1953-10-29 ·cited 10×
  A federal sentence ordered to run concurrently with a state sentence does not expire automatically when the state sentence is served, especially when the prisoner is transferred to federal custody to serve the remainder of the federal term.
• Higginson v. Schoeneman
  190 F.2d 32· D.C. Cir.· 1951-06-14 ·cited 10×
  The court held that the appellees' refusal to pay the full amount of a final Court of Claims judgment, based on a statutory interpretation, constituted an impermissible collateral attack on that judgment, and the duty to pay was ministerial.
• Davis v. O'Connell
  185 F.2d 513· 8th Cir.· 1950-12-14 ·cited 10×
  A federal court lacks jurisdiction to grant habeas corpus relief to a petitioner challenging extradition if they have not exhausted all available state remedies in the demanding state.
• First Nat. Bank of Colo. Springs v. McGUIRE (two cases)
  184 F.2d 620· 7th Cir.· 1950-10-20 ·cited 10×
  A trustee who benefits from an unfair contract with a beneficiary, especially when the beneficiary lacks business experience and relies on the trustee, commits a breach of trust, and the beneficiary's estate is entitled to recover the improperly retained funds with interest.