Collateral Attack On Judgment

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

• Casaigne v. State
  Fla. 2d DCA· 2020-06-05
  The appellate court affirmed the lower court's denial of a habeas corpus petition and motion for clarification. The court held that the petitioner's claim that he should have been allowed to amend his petition was not ripe for review because he had not yet filed a motion that was
• Olagues v. Frost
  31 La. 540· S.D. Fla.· 2018-09-07
• Bellezza v. Liberty Mut. Gen. Ins. Co.
  4 La. 314· M.D. Fla.· 2017-08-25
• Geno Lewis Hawkins Sr. v. State
  176 So. 3d 1283· Fla. 1st DCA· 2015-10-30
  A former correctional officer convicted of sexual battery and contraband introduction seeks habeas corpus relief for the fifth time. The court dismisses the petition, imposes sanctions for frivolous and successive filings, and prohibits him from filing further challenges to his c
• Eisenberg v. City of Miami Beach
  2014 U.S. Dist. LEXIS 131713· S.D. Fla.· 2014-09-19
  The court held that collateral estoppel does not preclude the plaintiffs' constitutional claims, and the analysis for First Amendment retaliation and substantive due process claims is not appropriate on a motion for judgment on the pleadings.
• Shire Dev. LLC v. Watson Pharms., Inc.
  1990 WL 104854· S.D. Fla.· 2013-03-21
  The court denied both parties' motions for summary judgment, finding genuine issues of material fact regarding patent infringement, and granted in part defendants' motion to strike, excluding one expert declaration due to untimely disclosure.
• Keler Israel v. Flick Mortg. Invs., Inc.
  23 So. 3d 1196· Fla. 3d DCA· 2008-11-26
  Israeli citizens who purchased Florida homes through Flick Mortgage Investors brought suit in Israel after discovering the homes were worth substantially less than purchase price. The Israeli court entered a final judgment against Flick, which then moved to prevent domestication
• Wassman v. Travelers Cas. & Sur. Co.
  797 So. 2d 626· Fla. 5th DCA· 2001-10-12
  Wassman obtained a final county court judgment against Travelers for $22,453.52 based on a dishonored check. Travelers later filed an interpleader action in circuit court and sought to satisfy the judgment through deposit of bond funds into the registry. The appellate court rever
• Sassano v. Sassano
  721 So. 2d 444· Fla. 5th DCA· 1998-12-04
  Anthony Sassano appeals from a contempt order requiring him to pay his former wife $40,000 in compensation for stock options as mandated by their stipulated dissolution judgment. The court affirmed, holding that the judgment language was clear and unambiguous, and that Sassano co
• Smith v. State
  720 So. 2d 577· Fla. 5th DCA· 1998-10-09
• Collene C. COX v. Clark
  682 So. 2d 653· Fla. 1st DCA· 1996-11-05
  Under the Full Faith and Credit Clause of the U.S. Constitution, Florida courts must recognize a South Carolina divorce decree's child support provisions where South Carolina had jurisdiction to enter the judgment, including through constructive service by publication on a reside
• Janine Preston v. Tolone
  661 So. 2d 967· Fla. 5th DCA· 1995-10-27
  Janine Preston appealed a summary judgment denying her request to set aside her daughter's adoption by her parents. The court reversed, holding that disputed issues of material fact regarding whether Preston's consent was obtained by fraud precluded summary judgment and required
• In re Barnes
  969 F.2d 526· 7th Cir.· 1992-07-31
  A creditor who had notice of a bankruptcy proceeding but did not list their debt cannot later use fraud or estoppel claims to bypass the discharge and collect the original debt.
• Daniels v. USS Agri-Chemicals
  965 F.2d 376· 7th Cir.· 1992-06-05
  The court held that the plaintiff's initial complaint, filed within two years of the decedent's death, satisfied the conditions precedent of the Indiana Wrongful Death Act, even though it initially cited Illinois law and the plaintiff's appointment as personal representative was
• United States v. T.G. Whedbee, Jr.
  964 F.2d 330· 4th Cir.· 1992-05-08
  A party's possession of property acquired through a valid state court judgment is considered authorized under North Carolina law, precluding a conversion claim by a party with a prior security interest who was not a party to the state court action.
• In & for New Castle Cnty. in re: Mca, Inc.
  Del. Ch.· 1990-12-03
  The Court of Chancery denied petitioners' motion to intervene and vacate a prior settlement order and final judgment. The court found that the petitioners failed to meet the standard for intervention under Rule 24 due to untimeliness and lack of adequate representation. Furthermo
• Slater v. State
  509 So. 2d 395· Fla. 4th DCA· 1987-07-08
  The court held that the denial of the rule 3.850 motion was unsubstantiated based on the record, as the stated grounds for denial were inapplicable.
• First Tenn. Bank N.A. Memphis v. Smith
  766 F.2d 255· 6th Cir.· 1985-07-01
  The court held that when two states issue conflicting judgments, the second judgment in time is entitled to full faith and credit, even if it conflicts with the first, provided the second court had jurisdiction.
• In re H.J. Kristal v. Lampi
  758 F.2d 454· 9th Cir.· 1985-04-19
  The court held that Carnation's post-judgment conduct, executing on unpledged assets before exhausting its security, violated California Civil Procedure Code § 726, voiding its security interest.
• Sands v. Wooten
  439 So. 2d 1037· Fla. 3d DCA· 1983-11-01
  In this eminent domain proceeding, the court reversed a judgment on the pleadings that had invalidated 1965 estate waivers executed by Aaron Sands's siblings. The appellees attempted to collaterally attack an 18-year-old probate decree by claiming the waivers lacked required witn
• Lottie Bruenn and Richard Switlik v. Great Adventure, Inc.
  432 So. 2d 785· Fla. 3d DCA· 1983-06-14
  The Florida District Court of Appeal affirmed the trial court's refusal to allow a defendant to attack a domesticated New Jersey judgment on grounds of alleged fraud in the original New Jersey proceeding. The court held that fraud claims must be raised in the originating jurisdic
• Cottonbelt Ins. Co. & Douglas F. Sweet (Crews Bonding Service) v. State
  400 So. 2d 836· Fla. 4th DCA· 1981-07-08
  The court held that a motion to vacate a judgment forfeiting an appearance bond, filed under Rule 1.540, Florida Rules of Civil Procedure, cannot be used to correct judicial error.
• Groover v. Groover
  383 So. 2d 280· Fla. 5th DCA· 1980-05-07
  A collateral attack on a divorce judgment based on bigamy of the underlying marriage may proceed as an attack on a void judgment under Rule 1.540(b)(4), rather than being barred by the one-year time limit in Rule 1.540(b)(3), because the trial court lacked subject matter jurisdic
• Maurine Hughes v. State Farm Mut. Auto. Ins. Co.
  604 F.2d 573· 8th Cir.· 1979-08-17
  The court held that a judgment against an uninsured motorist is sufficient proof of liability for uninsured motorist coverage, but stacking of coverage is not permitted when the coverage is statutorily imposed rather than purchased by the insured.
• United States v. City OF McALESTER
  604 F.2d 42· 10th Cir.· 1979-08-14
  The court held that the United States was not an indispensable party to the 1903 condemnation suit because the Curtis Act authorized the condemnation of unallotted tribal lands for public improvements, and the City's uses of the easement were consistent with its purpose.
• Tillman v. State
  366 So. 2d 1259· Fla. 1st DCA· 1979-02-07
  Appellant Tillman appealed the summary denial of his Rule 3.850 motion to vacate judgment and sentence, claiming newly discovered evidence. The court held that conclusory allegations of newly discovered evidence are insufficient to require a hearing, and that the motion actually
• Gobelman v. Gobelman
  303 So. 2d 646· Fla. 1st DCA· 1974-10-17
  Appellant Robert Gobelman appealed the trial court's denial of his motions to strike appellee's pleadings seeking restoration of alimony based on the annulment of her putative remarriage. The court affirmed that appellee's motions were not barred by procedural time limitations bu
• Romero v. State
  276 So. 2d 541· Fla. 4th DCA· 1973-04-27
  Edward Romero appealed the denial of his motion to vacate his marijuana conviction, arguing the State failed to comply with Florida's statutory requirement to notify his parents or guardian that he was charged as an unmarried minor. The court held that the State's failure to prov
• United States v. 115.27 Acres OF Land
  471 F.2d 1287· 5th Cir.· 1973-01-09
  A state court's 'take nothing' judgment in a trespass to try title action, even when amended to state certain defendants have no interest, does not vest title in their co-defendants absent adversary pleadings between them.
• United States v. Bluhm
  414 F.2d 1240· 7th Cir.· 1969-07-25
  The court held that the federal tax liens were valid encumbrances and were not discharged in the real estate tax sale because the United States, as a senior lienholder, was an indispensable party to the state court proceedings, which constituted an unconsented suit against the Un
• Guss Hamilton v. State
  214 So. 2d 26· Fla. 4th DCA· 1968-08-16
  Guss Hamilton appeals the summary denial of his motion to vacate his conviction, claiming he was not advised of his constitutional right to counsel. The Florida District Court of Appeal reverses, holding that a defendant need not allege indigency to raise a right-to-counsel claim
• Thompson v. Liberty Mut. Ins. Co. of Boston
  390 F.2d 24· 10th Cir.· 1968-01-31
  The court held that a garnishment proceeding must fail if the underlying state court judgment is invalid due to lack of proper service and jurisdiction.
• Varone v. Varone
  392 F.2d 855· 7th Cir.· 1968-01-29
  The court held that the defendant waived his defense of lack of personal jurisdiction by failing to raise it in his initial pleadings and by his subsequent actions invoking the court's power.
• State v. Robbins
  29 Fla. Supp. 48· Dade Cty. Cir. Ct.· 1967-09-29
  The court held that it lacked jurisdiction to hear the appeal because the appellant was attempting a disguised second appeal on merits, and the metropolitan court had jurisdiction over the juvenile's traffic violations.
• Rollins v. State
  179 So. 2d 377· Fla. 2d DCA· 1965-10-15
  William Marrett Rollins appeals the denial of post-conviction relief following his conviction for first-degree murder. The Florida District Court of Appeal addresses five claims of constitutional and procedural error, including allegations of courtroom segregation, improper handc
• Craig v. State
  179 So. 2d 202· Fla.· 1965-10-13
  Craig, a Black man convicted of rape and sentenced to death, challenged the constitutionality of Florida's death penalty statute for rape on Eighth Amendment and equal protection grounds. The Florida Supreme Court affirmed the trial court's rejection of his collateral post-convic
• Stella Marie Lowman and her husband v. Louie A. Falsetti with Will Annexed in the Estate of B. F. Guido
  335 F.2d 632· 5th Cir.· 1964-08-14
• State of Fla. ex rel. Dan Wilkins & Tommy Lee Williams v. Dewitt Sinclair
  162 So. 2d 661· Fla.· 1964-04-08
  The court held that the petition for writ of habeas corpus was premature because a new rule provided an adequate remedy for collateral attack.
• Humphries v. United States
  328 F.2d 886· 8th Cir.· 1964-03-13
  A defendant's sentence within statutory limits is not subject to collateral attack based on a co-defendant receiving a more favorable sentence.
• Smith v. Smith
  19 Fla. Supp. 84· Dade Cty. Cir. Ct.· 1962-01-26
  Florida court dismissed a divorce action filed by Eva Smith against Louis Smith because a final divorce decree had already been entered in California, which is entitled to full faith and credit under the U.S. Constitution. The court held that the California judgment could not be
• Mende v. United States
  291 F.2d 395· 9th Cir.· 1961-06-16
• Antipas v. United States
  289 F.2d 884· D.C. Cir.· 1961-03-23
• Goldfarb v. J. A. Cantor Assocs., Inc.
  123 So. 2d 50· Fla. 3d DCA· 1960-09-19
  Appellants Goldfarb Associates obtained a judgment against appellees in a law action and sought to execute on it. The trial court issued a temporary restraining order preventing execution based on appellee Cantor's claim to a share of the brokerage commission. The appellate court
• Fenton v. Fenton
  12 Fla. Supp. 91· Dade Cty. Cir. Ct.· 1958-03-31
  In this divorce case, the trial court dismissed the suit based on the plaintiff's failure to establish Florida residency. After the District Court of Appeal reversed on de novo review, the trial judge reinstated the case and appointed an attorney ad litem for the State. Before th
• West v. United States
  221 F.2d 308· 5th Cir.· 1955-04-20
  The court held that the defendant's plea of guilty was not entered voluntarily, understandingly, and with the assistance of counsel, rendering the judgment vulnerable to collateral attack.
• McKINNEY v. United States
  208 F.2d 844· D.C. Cir.· 1953-12-17
  The court held that while the defendant was likely represented by counsel at arraignment, the case must be remanded to determine if he waived counsel at sentencing, as there is a presumption against waiver of fundamental constitutional rights.
• Stenerman v. Brownell
  204 F.2d 336· 9th Cir.· 1953-04-30
  A judgment of denaturalization entered without proper notice or personal jurisdiction over the defendant is void and subject to collateral attack.
• Brown v. United States
  196 F.2d 777· D.C. Cir.· 1952-05-15
  A party who is a stranger to a divorce proceeding lacks standing to collaterally attack the validity of the divorce decree years later.
• Berman v. Diamond
  196 F.2d 590· D.C. Cir.· 1952-04-10
  A party cannot collaterally attack a foreign judgment based on fraud in the underlying transaction, absent fraud in the judicial process itself.
• Rippe v. Stahlhuth
  192 F.2d 952· 8th Cir.· 1951-12-26
  The federal district court correctly dismissed the action because it sought to review and overturn state court judgments, which federal courts of equity cannot do.