Collateral Attack On Judgment

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

• Mitchell v. Vill. Creek Drainage Dist. of Lawrence Cnty.
  158 F.2d 475· 8th Cir.· 1946-12-23 ·cited 10×
  The court held that the prior state court judgments constituted res judicata, barring the current action to confirm title.
• Dunscombe v. Loftin
  154 F.2d 963· 5th Cir.· 1946-04-12 ·cited 10×
  The court held that the lower court did not abuse its discretion in denying leave to sue the trustees, as the plaintiff's claim was without merit and untimely.
• State of Fla. Ex rel. Cora H. Warren v. City of Miami
  153 Fla. 644· Fla.· 1943-11-02 ·cited 10×
  The Florida Supreme Court reversed a lower court order reducing a widow's police pension from $75 to $50 monthly, holding that the widow's pension claim became a vested right upon the policeman's death in 1938 and could not be reduced by subsequent legislation enacted in 1940.
• Adkins v. Sanford
  120 F.2d 471· 5th Cir.· 1941-06-09 ·cited 10×
  The Sixth Amendment does not require appointment of counsel for a defendant who makes no request, admits guilt, pleads guilty knowingly, and only complains that a lawyer might have secured a lighter sentence.
• Wm. G. Zinn v. Dzialynski
  14 Fla. 187· Fla.· 1872-04-01 ·cited 10×
  In this appeal involving competing creditor claims against a defendant's attached property, the Florida Supreme Court held that an attaching creditor whose writ was levied first maintains a superior lien on the attached property and its proceeds, superior to the claims of judgmen
• Naples Park-Vanderbilt Beach Water Dist. v. Downing
  244 So. 2d 464· Fla. 2d DCA· 1970-12-02 ·cited 9×
  The Water District and a purchaser at a foreclosure sale appealed a trial court's decision to set aside the sale based on inadequacy of price. The appellate court affirmed, finding that while inadequacy of price alone cannot overturn a sale, the trial court's judgment could be su
• State v. Butler
  151 Fla. 686· Fla.· 1942-11-03 ·cited 9×
  The Florida Supreme Court reversed a lower court order discharging a contempt proceeding against the Broward County Port Authority for failure to comply with a mandamus judgment. The court held that a court of equity lacks jurisdiction to enjoin compliance with a valid and unmodi
• Richey v. McLeod
  137 Fla. 281· Fla.· 1939-04-18 ·cited 9×
  In this habeas corpus proceeding, the Florida Supreme Court reviewed a contempt of court judgment against a criminal defendant who violated the trial court's evidentiary rulings by testifying about excluded matters during his assault and battery trial. The Court upheld the contem
• United States v. Michaud
  925 F.2d 37· 1st Cir.· 1991-02-13 ·cited 8×
  The court held that the appellant failed to demonstrate fundamental error warranting a writ of error coram nobis, as his claims were either previously decided on direct appeal or insufficiently specific.
• Estrada-Izquierdo v. Awilda Aponte-Roque
  850 F.2d 10· 1st Cir.· 1988-06-28 ·cited 8×
  The district court erred in finding a politically inspired dismissal and in ordering reinstatement, as it failed to give full faith and credit to a Puerto Rico Superior Court judgment.
• Am. Steel Bldg. Co., Inc. v. Davidson & Richardson Constr. Co.
  847 F.2d 1519· 11th Cir.· 1988-06-27 ·cited 8×
  The dissenting judge would affirm the summary judgment, arguing that the mailing of service to 'Zed' instead of 'Fred' Davidson is not a jurisdictional defect under Texas law.
• United States v. Florida
  1984 U.S. Dist. LEXIS 18942· N.D. Fla.· 1984-03-02 ·cited 8×
• Freed v. Freed
  373 So. 2d 436· Fla. 3d DCA· 1979-07-31 ·cited 8×
  The court affirmed the dismissal of the wife's petition to modify the dissolution judgment.
• Yale v. Nat'l Indem. Co.
  602 F.2d 642· 4th Cir.· 1979-07-11 ·cited 8×
  A state court judgment, even if entered with procedural irregularities, is not subject to collateral attack as void if the rendering court had personal and subject matter jurisdiction, and the irregularities are merely voidable.
• Bryan v. State
  345 So. 2d 1095· Fla. 2d DCA· 1977-05-06 ·cited 8×
  Richard Henry Bryan sought to vacate his 1964 escape conviction on the ground that he was not represented by counsel and had not knowingly and intelligently waived counsel. The Florida District Court of Appeal, Second District, reversed the trial court's denial of the motion with
• Glimmert Beckham v. State
  339 So. 2d 221· Fla. 3d DCA· 1976-11-02 ·cited 8×
  Glimmert Beckham appealed the denial of his motion to vacate his conviction and sentence, claiming ineffective assistance of counsel. The court affirmed the denial, holding that counsel's strategic decision to pursue an insanity defense after withdrawing a guilty plea does not co
• Fisher v. State
  239 So. 2d 863· Fla. 3d DCA· 1970-10-13 ·cited 8×
  Fisher appealed the denial of his post-conviction motion for relief under Rule 1.850, which challenged his convictions for robbery and assault with intent to commit robbery. The appellate court affirmed the trial court's denial, rejecting Fisher's claims of lack of probable cause
• The United States v. Southern Ute Tribe or Band of Indians
  423 F.2d 346· Ct. Cl.· 1970-03-20 ·cited 8×
  The court held that a prior judgment, based on a stipulation, barred the current claim for land sales and compensation, as the stipulation's language was sufficiently broad to cover the land in dispute.
• PAN Am. Petroleum Corp. v. Manuelita Candelaria
  403 F.2d 351· 10th Cir.· 1968-11-12 ·cited 8×
  The San Juan County District Court lacked jurisdiction over land in Rio Arriba County in the 1947 quiet title suit, and appellants failed to establish adverse possession or justify deductions for drilling costs.
• Paul v. State
  177 So. 2d 537· Fla. 3d DCA· 1965-08-03 ·cited 8×
  The court held that the trial court did not err in denying the petition to vacate judgment and sentence because the petitioner failed to prove his guilty pleas were unlawfully induced.
• Poole v. United States
  329 F.2d 720· 9th Cir.· 1964-03-18 ·cited 8×
  The court held that applying the Narcotics Control Act of 1956 to offenses committed in 1954 was not an ex post facto violation, as the Fifth Amendment rights to self-incrimination are personal and cannot be asserted by a third party.
• Ahrenholz v. Green
  127 So. 2d 139· Fla. 3d DCA· 1961-02-16 ·cited 8×
  Taxpayers sought to quiet title to real property against a claim by Florida's Comptroller based on a warrant for collection of delinquent sales taxes. The court held that the comptroller's warrant was void as to Lloyd Spector because he was not a taxpayer, and therefore could not
• Concrete Block & Wall Co. v. Knap
  102 So. 2d 742· Fla. 3d DCA· 1958-05-06 ·cited 8×
  Concrete Block & Wall Company appealed dismissal of an equitable action against its landlord, Jack Knap, challenging a distress judgment for unpaid rent and alleging conversion of personal property. The court held that the distress proceedings were valid and the equity complaint
• In re Adoption of a Minor
  214 F.2d 844· D.C. Cir.· 1954-05-06 ·cited 8×
  The court held that the father was permanently deprived of custody under the Florida decree, allowing adoption without his consent, and that the trust was irrevocable and did not need to be terminated.
• Springfield v. Carter
  175 F.2d 914· 8th Cir.· 1949-07-05 ·cited 8×
  Public officials acting within the scope of their authority are immune from liability for malicious prosecution, even if probable cause is absent and malice is present.
• FOX v. McGRATH
  152 F.2d 616· 2d Cir.· 1945-12-19 ·cited 8×
  The court held that the failure to formally substitute the assignee as plaintiff before entering judgment did not invalidate the judgment or its lien, as it was a curable defect not affecting jurisdiction.
• Park v. Park
  123 F.2d 370· 5th Cir.· 1941-11-12 ·cited 8×
  The court held that the denial of the motion to dismiss for lack of jurisdiction was not error, but reversed the judgment due to fundamental errors in the jury instructions regarding the submission of fraud and accounting issues.
• Ennis v. Giblin
  147 Fla. 113· Fla.· 1941-05-13 ·cited 8×
  A judgment regular on its face, rendered by a court with jurisdiction and after proper notice, is not void and cannot be collaterally attacked, even if there were procedural errors.
• Green v. State
  280 So. 2d 701· Fla. 4th DCA· 1973-07-27 ·cited 7×
  Green appealed from orders denying his motion to vacate a manslaughter sentence under Rule 3.850, claiming the trial court erred in denying relief. The Fourth District dismissed the appeal for lack of jurisdiction because Green's notice of appeal was not timely filed within 30 da
• Holstein v. State
  205 So. 2d 6· Fla. 1st DCA· 1967-12-19 ·cited 7×
  Gary Holstein, a prisoner serving multiple consecutive sentences imposed by different courts, sought to collaterally attack a sentence not yet being served under Criminal Procedure Rule I. The Florida District Court of Appeal affirmed that Rule I requires a petitioner to be in cu
• PAN Am. Bank OF Miami v. City OF Miami Beach
  198 So. 2d 45· Fla. 3d DCA· 1967-04-18 ·cited 7×
  Pan American Bank, as administrator of a deceased person's estate, appealed the dismissal of its intervention in a condemnation proceeding involving real property that had been foreclosed by mortgage. The court held that the administrator was barred by the final foreclosure decre
• Woodruff v. Heiser
  150 F.2d 869· 10th Cir.· 1945-08-11 ·cited 7×
  The court held that the bankruptcy court must make findings of fact and conclusions of law before allowing a claim, especially when fraud is alleged and not previously adjudicated.
• Peoples v. State
  260 So. 3d 365· Fla. 3d DCA· 2018-11-14 ·cited 6×
  A circuit court lacks jurisdiction to deny a habeas corpus petition attacking the validity of a conviction imposed by another circuit court and must dismiss without prejudice or transfer the petition to the court having jurisdiction.
• Westlake N. Prop. Owners Ass'n v. City OF Thousand Oaks
  915 F.2d 1301· 9th Cir.· 1990-09-28 ·cited 6×
  The court held that attorneys cannot be sanctioned under Federal Rules of Civil Procedure 70 and 71, and that the district court abused its discretion in sanctioning them under Rule 11 because their arguments regarding a prior judgment were not frivolous.
• Salazar v. United States AIR Force and Paul Thomas Byrne
  849 F.2d 1542· 5th Cir.· 1988-07-26 ·cited 6×
  The federal district court erred in giving full faith and credit to a Texas state court garnishment judgment against the United States, as the state court lacked jurisdiction to garnish funds for a tort recovery mischaracterized as child support.
• United States v. Lige Cole Edwards
  711 F.2d 633· 5th Cir.· 1983-08-08 ·cited 6×
  The court held that the district court erred in summarily denying a motion to vacate sentence without making findings of fact and conclusions of law.
• Duncan O. Bowman v. Kingsland Dev., Inc.
  432 So. 2d 660· Fla. 5th DCA· 1983-06-02 ·cited 6×
  This case addresses whether attorney's fees claimed in a default judgment on a promissory note constitute liquidated or unliquidated damages, and what notice procedures are required. The court held that attorney's fees for "reasonable" amounts are unliquidated damages requiring n
• Guido Carillo v. State
  382 So. 2d 429· Fla. 3d DCA· 1980-04-15 ·cited 6×
  Guido Carillo appeals the summary denial of his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850, claiming the State withheld Brady material—specifically a polygraph examination administered to the sole witness against him. The court affirms the de
• Dozier v. State
  361 So. 2d 727· Fla. 4th DCA· 1978-02-21 ·cited 6×
  Defendant Dozier was convicted of breaking and entering and appealed the trial court's denial of his motion for post-conviction relief. The court held that prosecutorial comments on the defendant's invocation of Fifth Amendment rights constitute fundamental constitutional error t
• In re Inquisition of Incompetency of Earl White
  230 So. 2d 480· Fla. 1st DCA· 1970-01-20 ·cited 6×
  Earl White appealed a judgment finding him mentally incompetent, challenging the county judge's failure to provide him reasonable notice of the incompetency hearing as required by Florida statute. The court held that lack of proper notice deprived the county judge of jurisdiction
• Kennedy v. Ford R. Vandine
  185 So. 2d 693· Fla.· 1966-04-20 ·cited 6×
  The Florida Supreme Court reversed a summary judgment ordering partition of property held as tenants by the entireties, finding that the trial court erred in granting summary judgment when the defendants raised uncontroverted affirmative defenses of laches and adverse possession.
• Varone v. Varone
  359 F.2d 769· 7th Cir.· 1966-03-18 ·cited 6×
  A Michigan divorce decree, including an order to convey out-of-state real estate, is entitled to full faith and credit in Illinois, even if the defendant later claims jurisdictional defects due to attorney error, provided the defendant had an opportunity to litigate jurisdiction
• Coral Constr. Corp. v. Leatha Fleeman Arlt
  177 So. 2d 890· Fla. 3d DCA· 1965-07-06 ·cited 6×
  Coral Construction Corp. appeals the trial court's denial of its motion to dismiss an equity suit filed by judgment debtor Arlt challenging an execution sale of her property. The appellate court reverses, holding that equity courts lack jurisdiction to enjoin execution sales abse
• Hood v. Hood
  335 F.2d 585· 10th Cir.· 1964-08-06 ·cited 6×
  The dissenting judge would hold that the action is a collateral attack on a state judgment and that relief from fraud should be sought in the state court.
• Culbert v. United States
  325 F.2d 920· 8th Cir.· 1964-01-06 ·cited 6×
  An indigent prisoner is not entitled to a free transcript of proceedings based on general, obscure, or uncertain assertions of trial counsel's incompetency.
• State of Fla. ex rel. Seaboard AIR Line R.R. Co. v. Kehoe
  133 So. 2d 459· Fla. 3d DCA· 1961-10-05 ·cited 6×
  The circuit court lost jurisdiction of the cause when the judgment was paid and satisfied, and therefore acted in excess of its jurisdiction by issuing an injunction thereafter.
• Conn. Fire Ins. Co. & Hawkeye-Security Ins. Co. v. Ferrara
  277 F.2d 388· 8th Cir.· 1960-04-22 ·cited 6×
  A criminal conviction for arson can be considered in a subsequent civil insurance action, particularly when the insured seeks to profit from their criminal act, and may serve as conclusive evidence of the facts upon which it was based.
• Christoffel v. United States
  214 F.2d 265· D.C. Cir.· 1954-05-13 ·cited 6×
  The court held that it has jurisdiction to review alleged errors undermining a conviction, even after a Supreme Court mandate for resentencing, but affirmed because the issues raised were untimely.
• United States v. Jordan
  186 F.2d 803· 6th Cir.· 1951-12-06 ·cited 6×
  The court held that the district court had jurisdiction to vacate prior judgments based on mutual mistake of fact and that the government was liable for timber damage beyond rental payments, including interest.
• Hart v. Mut. Ben. Life Ins. Co. of Newark
  166 F.2d 891· 2d Cir.· 1948-03-10 ·cited 6×
  The court held that plaintiffs are estopped from attacking the surrogate's decree, which is presumptively valid and bars their claim for additional interest.