Collateral Attack On Judgment

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

• Fredericka Lucian v. THE S. Ohio Sav. Bank & Tr. Co.
  156 Fla. 370· Fla.· 1945-01-30 ·cited 6×
  This Florida Supreme Court case addresses whether a defendant's conduct in a prior divorce proceeding constituted a general appearance, thereby conferring jurisdiction over him despite allegedly defective service. The court reversed the lower court's decree, holding that the defe
• Bostwick v. Baldwin Drainage Dist.
  133 F.2d 1· 5th Cir.· 1943-01-22 ·cited 6×
  The court held that the federal court had jurisdiction over the tax foreclosure suits, and the decrees were not subject to collateral attack. Therefore, the Drainage District acquired good title.
• Durlacher v. Durlacher
  123 F.2d 70· 9th Cir.· 1941-10-28 ·cited 6×
  A federal court must give a sister state's judgment the same faith and credit it has in the originating state, even if the underlying cause of action is repugnant to the enforcing state's law.
• Harvey v. City of St. Petersburg
  138 Fla. 597· Fla.· 1939-06-16 ·cited 6×
  The Florida Supreme Court held that a circuit court had jurisdiction to appoint a receiver to enforce special assessment improvement liens on behalf of certificate holders, and that a property owner could not collaterally attack the validity of assessments after an eleven-year de
• Dickinson v. Raichl
  120 Fla. 907· Fla.· 1935-09-23 ·cited 6×
  The Florida Supreme Court affirmed dismissal of a chancery suit seeking to void a common law judgment on grounds that the trial judge was disqualified because he had previously represented the defendants in the transactions underlying the dispute. The court held that such disqual
• Sheffield v. Paul Cook Carter and wife
  141 So. 2d 780· Fla. 2d DCA· 1962-06-01 ·cited 5×
  The Carters sought to collaterally attack a 1955 quiet title decree obtained by Betty Sheffield against them through service by publication, alleging defects in the constructive service affidavit. The court reversed the denial of the motion to dismiss, holding that while the decr
• Palmer v. Kimberley H. Palmer
  109 So. 3d 257· Fla. 1st DCA· 2013-02-18 ·cited 4×
  The appellate court affirmed an order enforcing a marital settlement agreement provision requiring the former husband to pay damages for failing to refinance the marital home on schedule. The court held that contractual provisions setting damages for delay in performance are not
• Williams v. State
  937 So. 2d 1142· Fla. 5th DCA· 2006-08-18 ·cited 4×
  A petition for writ of habeas corpus cannot be used to collaterally attack a criminal judgment and sentence, and the trial court lacked jurisdiction to review a judgment from another county.
• M.C. v. A.H.
  745 So. 2d 396· Fla. 4th DCA· 1999-10-13 ·cited 4×
  The Florida Fourth District Court of Appeal reversed a trial court's order denying relief from a final adoption judgment, holding that the adoptive parents failed to exercise due diligence in serving the biological father and that strict compliance with service by publication req
• Turkey Creek, Inc. v. City OF Gainesville
  570 So. 2d 1055· Fla. 1st DCA· 1990-11-27 ·cited 4×
  Turkey Creek, Inc. appeals a summary judgment in favor of the City of Gainesville regarding the enforceability of a 1981 stipulation and final judgment concerning storm water drainage requirements for the Northwood Center property. The court found the disputed drainage provision
• Dick v. Scroggy
  882 F.2d 192· 6th Cir.· 1989-08-14 ·cited 4×
  The appearance of impropriety from a prosecutor representing a victim in a civil suit while also prosecuting the defendant in a criminal case does not, without more, violate the Due Process Clause.
• Hess v. Hess
  466 So. 2d 1179· Fla. 3d DCA· 1985-04-02 ·cited 4×
  The court held that the trial court erred in relieving the husband of all further support and contact with the children based on his statement of non-paternity, as this was not a proper collateral attack on the original judgment.
• Canal Auth. OF the State OF Fla. v. Harbond, Inc.
  433 So. 2d 1345· Fla. 5th DCA· 1983-07-07 ·cited 4×
  The Canal Authority of Florida appeals a trial court's decision rescinding a 1965 final judgment in an eminent domain proceeding on grounds of constructive fraud. The court reverses, holding that a final condemnation judgment can only be collaterally attacked for extrinsic fraud,
• Goins v. Bethlehem Steel Corp.
  657 F.2d 62· 4th Cir.· 1981-08-13 ·cited 4×
  The court held that the doctrine of comity forbids a collateral attack on a consent decree entered by another federal district court, and that the plaintiffs' claims were without merit.
• Garcia v. The Bd. OF Educ.
  573 F.2d 676· 10th Cir.· 1978-04-06 ·cited 4×
  The court held that the plaintiffs were parties to the prior Keyes litigation and their interests were adequately represented, thus their current suit was barred by res judicata.
• In re Est. of Mary Ida Coveney v. Coveney
  324 So. 2d 681· Fla. 4th DCA· 1976-01-09 ·cited 4×
  An attorney who was subpoenaed to appear for a deposition in a probate matter failed to comply with a court order compelling his appearance and was found in contempt. The Florida appellate court affirmed the contempt finding, holding that even if a court order is erroneous, a par
• McNAMARA v. State
  324 So. 2d 702· Fla. 3d DCA· 1975-12-02 ·cited 4×
  When a defendant receives sentences for offenses charged in separate indictments without explicit designation of consecutiveness, the sentences must run consecutively under Florida Statute § 921.16, not concurrently under Rule 3.722 RCrP, because statutory law prevails over court
• Clayton v. Haynes
  517 F.2d 577· 4th Cir.· 1975-06-09 ·cited 4×
  The court held that a habeas corpus petitioner bears the burden of proving the invalidity of prior uncounseled convictions used for impeachment, and mere allegations are insufficient without supporting evidence.
• Taylor v. Taylor
  258 So. 2d 500· Fla. 3d DCA· 1972-02-29 ·cited 4×
  A sister state's judgment, even if erroneous, is entitled to full faith and credit in Florida if the issuing court had jurisdiction, and Florida may enforce future alimony based on a properly domesticated decree.
• Miranda v. United States
  455 F.2d 402· 2d Cir.· 1972-02-02 ·cited 4×
  The court held that the Criminal Justice Act's provision for fee-free appeals does not apply to collateral attacks like a Section 2255 motion, and the trial court's certification of bad faith remains relevant.
• Barber v. State
  257 So. 2d 581· Fla. 4th DCA· 1971-12-15 ·cited 4×
  James Calvin Barber challenged his conviction based on post-trial admissions by two key witnesses that their trial testimony was false. The court affirmed the denial of his motion to vacate, holding that relief for perjured testimony requires proof that the prosecution knew of th
• Key Scales v. Scales
  237 So. 2d 50· Fla. 3d DCA· 1970-06-23 ·cited 4×
  In this interlocutory appeal from a divorce judgment, the appellee sought to modify child support and later amended her complaint to challenge the property settlement agreement based on alleged fraudulent concealment of assets. The court held that such claims constitute collatera
• Mid-State Homes, Inc. v. Nassau Cnty.
  198 So. 2d 382· Fla. 1st DCA· 1967-05-04 ·cited 4×
  Mid-State Homes challenged Nassau County's tax foreclosure decree on two grounds: insufficient property description and alleged double taxation. The court affirmed dismissal of the petition to vacate in the first case but reversed the motion to dismiss in the second case, holding
• Adolphus Brooks v. State
  194 So. 2d 303· Fla. 1st DCA· 1967-01-31 ·cited 4×
  Brooks appealed an order denying his motion for relief against his rape conviction and sentence. The court affirmed the lower court's denial, finding Brooks failed to establish the grounds for collateral relief, including claims of trial irregularities and inadequate counsel.
• Vicory v. Taylor
  338 F.2d 954· 10th Cir.· 1964-12-08 ·cited 4×
  Appellants are entitled to an evidentiary hearing on the voluntariness of their guilty pleas, as the record does not conclusively refute their allegations of coercion.
• Freddy Green v. Bomar
  329 F.2d 796· 6th Cir.· 1964-03-26 ·cited 4×
  The court held that a denial of a preliminary hearing and alleged police brutality do not constitute grounds for federal habeas corpus relief when they do not affect the validity of the conviction.
• Huddleston v. Ohio River Co.
  328 F.2d 789· 3d Cir.· 1964-02-28 ·cited 4×
  The district court lacked federal jurisdiction to entertain an independent equitable action to invalidate a state court judgment obtained by fraud.
• United States v. Garfinkel
  285 F.2d 548· 7th Cir.· 1960-11-30 ·cited 4×
  The court held that motions to vacate judgment based on indictment defects are collateral attacks impermissible after conviction and dismissal of appeal, and that a presentence investigation is not mandatory when the court has other information and no objection is made.
• Fauci v. Hannon
  275 F.2d 234· 1st Cir.· 1960-02-24 ·cited 4×
  The court affirmed the order denying Fauci's injunction, finding her claim subordinate to the government's lien. The court vacated the order enjoining Denehy from foreclosing her mortgage, finding the order to discharge the mortgage excessive.
• United States ex rel. Albert R. House v. Swope
  232 F.2d 853· 5th Cir.· 1956-04-20 ·cited 4×
  The court held that allegations of coerced testimony and failure to testify, if true, warrant a hearing and cannot be resolved solely on ex parte affidavits.
• Johnson v. The First Nat'l Bank IN Wichita Kan.
  223 F.2d 31· 10th Cir.· 1955-05-18 ·cited 4×
  The court held that the divorce decree was not void for lack of jurisdiction or extrinsic fraud, as the service by publication complied with statutory requirements and any alleged falsity in the affidavit was intrinsic to the judgment.
• Choctaw & Chickasaw Nations v. City of Atoka
  207 F.2d 763· 10th Cir.· 1953-10-28 ·cited 4×
• City of Memphis v. Ingram
  195 F.2d 338· 8th Cir.· 1952-04-02 ·cited 4×
  The court held that the district court erred in dismissing the case for lack of jurisdiction, as the amount in controversy for diversity jurisdiction was sufficiently alleged and evidenced, and the suit was not an impermissible collateral attack on a state court order.
• Barbachano v. Allen
  192 F.2d 836· 9th Cir.· 1951-10-31 ·cited 4×
  A debt arising from wrongful attachment coupled with slander of title, which caused delay and loss, constitutes a willful and malicious injury to property and is therefore not dischargeable in bankruptcy.
• United States ex rel. Knauer v. Jordan
  158 F.2d 337· 7th Cir.· 1946-11-30 ·cited 4×
  A petitioner cannot collaterally attack a prior denaturalization judgment, and fraudulent acquisition of citizenship and lack of attachment to U.S. principles preclude an alien from asserting rights to remain in the United States.
• Widmer v. Johnston
  136 F.2d 416· 9th Cir.· 1943-06-11 ·cited 4×
  The court affirmed the denial of the writ of habeas corpus, finding that the appellant was not denied his constitutional right to counsel and that his guilty pleas were voluntary.
• Adams v. F. Ellison Adams and wife
  131 Fla. 777· Fla.· 1938-03-15 ·cited 4×
  This case involves a widow's attempt to eject a current property owner, arguing a prior tax foreclosure proceeding against her was void. The court affirmed the lower court's decision, holding that the tax foreclosure was valid and thus barred the ejectment action.
• FQS Enter., LLC v. B & K Factor, Inc.
  407 So. 3d 585· Fla. 3d DCA· 2025-04-02 ·cited 3×
  A trial court lacks procedural jurisdiction to dismiss a case for lack of prosecution after entry of a final judgment that reserves jurisdiction solely for a specific limited purpose, such as enforcing a judgment debtor's obligation to complete a required form.
• Daria Pastouhkova Gogoleva v. Soffer
  187 So. 3d 268· Fla. 3d DCA· 2016-02-17 ·cited 3×
  Gogoleva appeals orders dismissing her complaint against defendants for fraudulent inducement regarding a settlement release of a helicopter crash that killed her husband. The court affirms dismissal of her rescission claim due to indispensable parties but reverses dismissal of h
• Washington v. Wainwright
  1984 U.S. Dist. LEXIS 14966· S.D. Fla.· 1984-07-12 ·cited 3×
• Vandervoort v. Vandervoort
  529 F.2d 424· 5th Cir.· 1976-03-25 ·cited 3×
• Fid. Standard Life Ins. Co. v. First Nat'l Bank & Tr. Co. OF Vidalia
  510 F.2d 272· 5th Cir.· 1975-03-24 ·cited 3×
  A prior judgment is entitled to full faith and credit, even on jurisdictional issues, if those issues were fully and fairly litigated and decided in the original court.
• Chatman v. State
  225 So. 2d 576· Fla. 2d DCA· 1969-08-08 ·cited 3×
  A guilty plea is permissible in a capital case, and the trial court properly accepted such a plea after ensuring it was knowing and voluntary.
• Montgomery v. The Travelers Indem. Co.
  192 So. 2d 779· Fla. 1st DCA· 1966-12-13 ·cited 3×
  Montgomery obtained a judgment against Travelers Indemnity Company on a surety bond and sought to execute on it. Travelers then filed a declaratory judgment/interpleader action, deposited the full bond amount in court, and obtained an injunction restraining Montgomery from execut
• United States v. Hill
  319 F.2d 653· 6th Cir.· 1963-07-02 ·cited 3×
  The court held that the appellant's motion to vacate sentence was properly denied because the files and records conclusively showed the claim lacked merit and the alleged error was not cognizable under Rule 35.
• Coffman v. Cobra MFG. Co.
  214 F.2d 489· 9th Cir.· 1954-06-28 ·cited 3×
  A bare denial of indebtedness or claim to property by a third party in supplementary proceedings is sufficient to defeat summary procedure if the claim has a reasonable prima facie basis, and a plenary action is required unless the claim is demonstrably sham.
• Haddock v. Wright
  25 Fla. 202· Fla.· 1889-01-01 ·cited 3×
  The Supreme Court of Florida affirmed a lower court's decision in an ejectment proceeding. The appellant, who claimed he was never served in a prior lawsuit, attempted to collaterally attack a judicial sale based on that prior lawsuit. The court held that after such a long period
• Owens v. State
  379 So. 3d 603· Fla. 1st DCA· 2025-01-15 ·cited 2×
  When a trial court enters a nonfinal order under rule 3.850(f)(2) granting sixty days to amend an insufficient postconviction motion, any amendment must be served within that sixty-day period; a motion filed beyond sixty days is untimely and successive, even if filed before the t
• Kozel v. Kozel
  260 So. 3d 337· Fla. 2d DCA· 2018-04-27 ·cited 2×
  A party may not defend against a contempt charge for violating an injunction by arguing that the underlying injunction was erroneously granted; the order must be obeyed until vacated or modified by the trial court or reversed on appeal.
• Haydee Rodriguez v. Nasrallah
  659 So. 2d 437· Fla. 1st DCA· 1995-08-15 ·cited 2×
  Rodriguez appeals a summary judgment dismissing her enforcement action for a Puerto Rico divorce judgment against her ex-husband Nasrallah. The trial court refused to give full faith and credit to the Puerto Rico judgment, but the appellate court reversed, holding that Florida mu