Collateral Attack On Judgment

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

• State v. Lach
  651 So. 2d 695· Fla. 2d DCA· 1995-01-18 ·cited 2×
  Florida appealed a trial court's order suppressing evidence of a defendant's prior felony conviction based on the defendant's claim he was unaware he had been convicted when he pled guilty to a probation violation. The court reversed, finding the plea hearing record clearly estab
• Steph v. Scott
  840 F.2d 267· 5th Cir.· 1988-03-22 ·cited 2×
  The court held that a federal court cannot entertain a collateral attack on a state court judgment when the state court recited jurisdiction, as such recitals are binding and immune from collateral attack.
• Marco Tech. Corp. v. Reynolds
  520 So. 2d 63· Fla. 4th DCA· 1988-02-03 ·cited 2×
  Marco Technology Corporation sought to execute on a judgment against New Haven Sugar by claiming the 1982 rice packing machinery purchased from Marco was still property of New Haven Sugar and subject to execution, despite being transferred through a foreclosure sale. The court af
• Sailboat KEY Developers & Am. Advisory Corp. & Sailboat Key, Inc. v. SUN Bank & Martin Z. Margulies
  367 So. 2d 1093· Fla. 3d DCA· 1979-02-27 ·cited 2×
  Sailboat Key Developers and related entities appealed summary judgments dismissing their attempts to recover a houseboat and building permit fees from the proceeds of a 1975 foreclosure sale. The court affirmed, holding that the appellants' collateral attacks on the foreclosure j
• Norton v. The Austin Nat'l Bank OF Austin
  557 F.2d 1061· 5th Cir.· 1977-08-15 ·cited 2×
  The court held that a prior probate court order approving a contingent fee agreement, even if erroneous, is not subject to collateral attack after the statutory period for appeal has passed.
• Nickell v. United States for the Use & Benefit of D. W. Falls, Inc.
  355 F.2d 73· 10th Cir.· 1966-01-14 ·cited 2×
  The court held that the assignee of accounts receivable was entitled to recover from the debtor and surety under the Miller Act, and that a prior Texas judgment did not bar the third-party claim.
• Henock v. Yeamans
  340 F.2d 503· 5th Cir.· 1965-01-13 ·cited 2×
  The court held that the assignee was not liable for the deficiency judgment because he did not assume the contract obligation, and the Michigan court lacked personal jurisdiction over him for a deficiency judgment.
• B. B. Woodson in Bankruptcy for Sterling R. Decker and Mary Jane Decker v. Gilmer
  331 F.2d 147· 4th Cir.· 1964-04-16 ·cited 2×
  The court held that a creditor's state court action attacking confessed judgments, even if commenced without prior bankruptcy court approval, can be ratified by the Referee, thereby validating the state court's jurisdiction.
• Woolley v. E. AIR Lines, Inc.
  273 F.2d 615· 5th Cir.· 1960-01-13 ·cited 2×
  The prior judgment is a complete defense to the current suit because the issues are the same or could have been litigated.
• United States v. Giglio
  263 F.2d 410· 2d Cir.· 1959-02-19 ·cited 2×
  The court held that the defendants' motion to vacate judgments based on the alleged use of tainted evidence was properly denied, as they had ample opportunity to challenge the evidence's source at trial.
• Welbourn v. Cohen
  104 So. 2d 383· Fla. 2d DCA· 1958-07-07 ·cited 2×
  Welbourn appeals a writ of assistance issued to enforce a foreclosure decree. The court affirms the writ, holding that Welbourn is estopped by the prior foreclosure decree from collaterally attacking it in a subsequent proceeding, and cannot now raise arguments about the mortgage
• The People of THE State OF Colo. for the Use of Paul C. Fifield & Paul C. Fifleld v. The Ohio Cas. Ins. Co.
  232 F.2d 474· 10th Cir.· 1958-03-19 ·cited 2×
• Econ. Food & Liquor Co. v. Frankfort Distillers Corp.
  232 F.2d 410· 7th Cir.· 1956-04-30 ·cited 2×
  The court held that a prior, unvacated injunction prohibiting the sale of products below fair trade prices bars a subsequent suit by the enjoined party seeking to challenge the enforcement of those prices.
• Maupin v. United States
  232 F.2d 838· 10th Cir.· 1956-04-16 ·cited 2×
  The court held that alleged errors in the original trial are not grounds for vacating a judgment under 28 U.S.C.A. § 2255 if they could have been raised on direct appeal.
• Bentley v. Rosebud Cnty.
  230 F.2d 1· 9th Cir.· 1956-02-01 ·cited 2×
  A tax deed is invalid if the county treasurer lacks jurisdiction due to insufficient affidavits showing compliance with statutory notice requirements. A prior quiet title judgment is not a bar if the court lacked jurisdiction over a specifically named party.
• Alegre v. Marine Motor Sales Corp.
  228 F.2d 713· 5th Cir.· 1956-01-17 ·cited 2×
  The court held that the state court's judgment rescinding the contract was conditioned on the debtor's payment, and thus the rescission was not complete until payment was made.
• Piner v. The United States
  222 F.2d 199· 7th Cir.· 1955-04-27 ·cited 2×
  The court held that the appellant competently and intelligently waived his constitutional right to counsel, despite the lack of a complete original record.
• Mannley v. United States
  213 F.2d 791· 5th Cir.· 1954-05-31 ·cited 2×
  The court held that the grounds raised in the motion for relief were either not cognizable under 28 U.S.C. § 2255 or did not present facts warranting relief.
• Waterhouse v. Hoover
  203 F.2d 171· 6th Cir.· 1953-03-31 ·cited 2×
  The court held that the district court correctly applied Ohio law as established in Elsen v. Hughes, following the mandate of Erie Railroad Co. v. Tompkins, and properly granted summary judgment.
• Fernandez' Heirs v. Fernandez
  184 F.2d 1015· 1st Cir.· 1950-11-13 ·cited 2×
  The court held that the Supreme Court of Puerto Rico's determination of local law regarding de facto officers and collateral attack is not "inescapably wrong" and thus affirmed the judgment.
• Locomotive Eng'rs Mut. Life & Accident Ins. Ass'n v. Laurent
  172 F.2d 889· 7th Cir.· 1949-02-21 ·cited 2×
  The court held that the Arkansas divorce decree was valid and entitled to full faith and credit, making the subsequent marriage to Irma valid and entitling her to the insurance proceeds.
• Bonds v. Sherburne Mercantile Co.
  169 F.2d 433· 9th Cir.· 1948-07-15 ·cited 2×
  A prior state court judgment quieting title to land is res judicata and bars a subsequent federal action by an Indian allottee who sought and received a fee patent, even if she later claims the patent was improperly issued or the mortgage was fraudulent.
• Butler v. McKEY
  138 F.2d 373· 9th Cir.· 1943-09-08 ·cited 2×
  The court held that a default judgment based on service by publication, supported by an affidavit containing hearsay but also positive statements of due diligence and incorporating the marshal's return, is not void on its face and cannot be collaterally attacked.
• McLELLAN v. Auto. Ins. Co. of Hartford
  80 F.2d 344· 9th Cir.· 1935-11-20 ·cited 2×
  The judgment of the lower court is reversed. The dissenting opinion argues that the prior judgment against the special administrator of the estate was valid, and therefore the subsequent action against the liability insurer should not have been dismissed. The dissenting judge ass
• Forest Inv. Co. v. Aultman
  80 Fla. 790· Fla.· 1920-12-04 ·cited 2×
  Forest Investment Company obtained a judgment against Aultman in Duval County based on promissory notes, and recorded the judgment in Osceola County where Aultman resided. Aultman sought to enjoin enforcement, arguing the judgment was void due to misjoinder of defendants and lack
• Ames v. State
  Fla. 1st DCA· 2024-06-26 ·cited 1×
  Loren Mark Ames appealed an order denying his postconviction motion under Florida Rule of Criminal Procedure 3.800(a) challenging his life sentence for second-degree murder imposed in 2002. The appellate court affirmed the denial, finding the petition frivolous and successive, an
• Ulysses Lynch v. State
  335 So. 3d 780· Fla. 1st DCA· 2022-03-16 ·cited 1×
  The appellate court affirmed the lower court's summary denial of Ulysses Lynch's postconviction relief motion. The court found that Lynch abandoned one claim, another claim was conclusory, and new claims raised on appeal were procedurally barred. The court also warned Lynch about
• Maxwell v. Inch
  277 So. 3d 559· Fla. 1st DCA· 2019-08-09 ·cited 1×
  Appellant appeals the dismissal of his petition for writ of habeas corpus raising multiple claims regarding his conviction and sentence. The court affirmed the dismissal, finding that habeas corpus was an improper vehicle for the claims raised and that the claims were time-barred
• Liberty New v. Bennett
  249 So. 3d 704· Fla. 1st DCA· 2018-06-04 ·cited 1×
  Under the Full Faith and Credit Clause, a Florida court must domesticate a valid and final sister state judgment of contempt for child support arrearages if the foreign court had personal jurisdiction and subject matter jurisdiction, and the judgment is not procured through extri
• Tettamanti v. Opcion Sociedad Anonima
  67 So. 3d 356· Fla. 3d DCA· 2011-07-20 ·cited 1×
  Tettamanti and Calvo appealed the denial of their motion to vacate a Florida court's recognition of an Argentine money judgment against them. The court affirmed, holding that post-recognition collateral attacks should ordinarily be directed to the foreign court rather than the Fl
• Sykes v. State
  974 So. 2d 1133· Fla. 1st DCA· 2008-02-11 ·cited 1×
  Melvin Sykes appealed the dismissal of his habeas corpus petition challenging the Baker County Correctional Institution's admission of him based on an incomplete commitment form, alleging violation of Florida Statutes section 944.17(5). The court affirmed the dismissal but clarif
• State of Fla. ex rel. v. Fla. State Dep't OF Health & Rehabilitative Servs.
  254 So. 2d 374· Fla. 3d DCA· 1971-10-26 ·cited 1×
• Silitronic Chem. Corp. v. R. K. M. Enters.
  197 So. 2d 33· Fla. 3d DCA· 1967-03-28 ·cited 1×
  A Florida court enforced a Texas default judgment against Silitronic Chemical Corporation under the Full Faith and Credit Clause, rejecting the defendant's collateral attack based on lack of jurisdiction and improper party allegations. The court held that a judgment valid on its
• Ashmann v. State
  184 So. 2d 697· Fla. 3d DCA· 1966-03-22 ·cited 1×
  Ashmann appealed the denial of his motion to vacate guilty pleas for issuing worthless checks, claiming he was insane at the time of pleading. The appellate court affirmed the trial court's finding that Ashmann was sane and competent when he entered his pleas, rejecting his argum
• Frisby v. State
  167 So. 2d 335· Fla. 3d DCA· 1964-09-22 ·cited 1×
  The Florida District Court of Appeal affirmed the denial of a motion to collaterally attack a robbery conviction. The court held that failure to provide a copy of the indictment and lack of counsel at a preliminary hearing were not grounds for relief when the defendant was repres
• Castaneda v. Portfolio Recovery Assocs., LLC
  Fla. 4th DCA· 2026-06-24
  A default judgment is void when substitute service is made upon a person who does not reside at the defendant's usual place of abode, as required by Florida Statute § 48.031(1)(a). The judgment may be vacated at any time because it was entered without valid service of process.
• Tarnow v. Watson
  Fla. 6th DCA· 2026-06-19
  A judgment debtor may file and maintain an action challenging a domesticated foreign judgment without satisfying the statutory conditions for staying enforcement under section 55.509 of the Florida Enforcement of Foreign Judgments Act. The conditions for obtaining a stay are sepa
• Tarnow v. Watson
  Fla. 6th DCA· 2026-06-19
  A judgment debtor may file and maintain an action challenging a domesticated foreign judgment without satisfying the statutory conditions for staying enforcement under section 55.509 of the Florida Enforcement of Foreign Judgments Act. The conditions for obtaining a stay are sepa
• Colon v. Summers
  Fla. 1st DCA· 2025-08-13
  Habeas corpus is not available to collaterally attack a judgment and sentence when the claims can be raised by motion under Florida Rule of Criminal Procedure 3.850.
• Baptiste v. State
  Fla. 1st DCA· 2025-05-14
  A sentence is not illegal merely because it may exceed sentencing guidelines under an abandoned rule when the Criminal Punishment Code governs sentencing.
• Baity v. State
  Fla. 1st DCA· 2024-11-06
  Baity appealed an order denying his third rule 3.850 motion challenging his 1995 judgment and sentence. The court affirmed the denial, finding the appeal frivolous and referring Baity to the Department of Corrections for sanctions.
• Jones v. State
  Fla. 1st DCA· 2023-08-23
  A trial court may dismiss a habeas corpus petition when the petitioner seeks relief that would be untimely as a postconviction motion, raises claims that could have been raised at trial or on direct appeal, or constitutes a second or successive motion lacking new grounds for reli
• Reggie Farrior v. Dixon
  Fla. 1st DCA· 2023-08-16
  A habeas corpus petition may be dismissed when it seeks relief that would be untimely as a postconviction motion, raises claims that could have been raised at trial or on direct appeal, or constitutes a second or successive motion without new grounds for relief.
• Gordon v. State
  Fla. 1st DCA· 2022-08-03
  A postconviction motion under Florida Rule of Criminal Procedure 3.850 may be summarily denied when it lacks merit, and an appeal of such denial may be deemed frivolous when it represents a repeated collateral attack on the same judgment.
• Demetric Grooms v. State
  Fla. 1st DCA· 2022-06-29
  The appellate court affirmed the denial of a motion for postconviction relief. The appellant argued the trial judge committed fundamental error by not disclosing a prior acquaintance with a juror's father, but the court found the claim untimely, procedurally barred, and meritless
• KB Home Fort Myers LLC v. Taishan Gypsum Co., Ltd.
  Fla. 2d DCA· 2022-04-13
  The appellate court reversed a trial court's order vacating a default judgment, finding that the judgment was voidable, not void. The defendant waited over seven years to challenge the judgment, which exceeded the time limit for voidable judgments.
• Ragan v. State
  Fla. 1st DCA· 2021-11-17
  The appellate court affirmed the trial court's denial of Joseph Ragan's motion to correct an illegal sentence. Ragan argued his consecutive sentences for armed robbery were illegal, but the court found they did not exceed the statutory maximum.
• Williams v. State
  Fla. 1st DCA· 2021-11-03
  Maurice Williams appealed the dismissal of his postconviction motion under Florida Rule of Criminal Procedure 3.800(a), arguing his convictions violated double jeopardy and that reclassification of an aggravated battery conviction was not orally announced. The First District Cour
• Penoyer v. State
  Fla. 3d DCA· 2021-04-21
  Allen L. Penoyer appeals the trial court's denial of his habeas corpus petition challenging a 1975 conviction, alleging ineffective assistance of counsel, judicial misconduct, and lack of jurisdiction. The appellate court reversed, holding that the trial court lacked jurisdiction
• Raimundo Antonio Hogan v. State
  Fla. 1st DCA· 2021-03-19
  The appellate court affirmed the trial court's dismissal of Hogan's petition for a writ of error coram nobis. The court found that the writ is no longer available in Florida and that Hogan's subsequent motion for postconviction relief was untimely.