Custodia Legis

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

• In re the Est. of Ellsworth C. Warner
  160 Fla. 460· Fla.· 1948-05-07 ·cited 60×
  The Florida Supreme Court held that a probate court has implied jurisdiction to adjudicate and enforce attorneys' fees earned by counsel representing a nonresident legatee in estate administration proceedings, including the power to order the executor to withhold funds from the l
• Raffaele v. Granger
  196 F.2d 620· 3d Cir.· 1952-05-14 ·cited 53×
  A federal court has jurisdiction to quash a distraint warrant for taxes when the property distrained belongs to someone other than the delinquent taxpayer, even if it involves property held by entireties under state law.
• Garmire v. Lake
  265 So. 2d 2· Fla.· 1972-06-14 ·cited 43×
  The Court held that federal intervention in pending state criminal prosecutions is proper only where irreparable injury is threatened, and the district court made no findings of such injury.
• State of Fla. ex rel. Richard E. Gerstein v. The Honorable N. Joseph Durant, Jr.
  348 So. 2d 405· Fla. 3d DCA· 1977-07-26 ·cited 41×
  The State of Florida challenged a trial court's orders requiring the return of property seized by foreign police and compelling the state to produce foreign witnesses for deposition. The court held that a trial court lacks jurisdiction to order return of property held outside its
• Adams v. Burns
  126 Fla. 685· Fla.· 1936-06-29 ·cited 41×
  Burns brought a detinue action in Circuit Court to recover a tugboat and two lighters valued at over $3,000 from Adams, after the property had been seized and placed in the custody of the sheriff under valid distress writs issued in a separate proceeding in Civil Court of Record.
• Huie v. State
  92 So. 2d 264· Fla.· 1957-01-23 ·cited 38×
  William Bradford Huie appealed an appearance bond forfeiture order entered after the Florida Supreme Court dismissed his habeas corpus petition and remanded him to the custody of the Suwannee County Sheriff. The Supreme Court held that while the trial judge had jurisdiction to or
• Mid-Jersey Nat'l Bank v. Fidelity-Mortgage Invs.
  518 F.2d 640· 3d Cir.· 1975-06-16 ·cited 36×
  The court held that a deposit in court pending appeal is not property of the debtor subject to the automatic stay of Bankruptcy Rule 11-44, and that the trial court erred in its award of pre- and post-judgment interest.
• Fla. Power & Light Co. v. The Canal Auth. OF the State OF Fla.
  423 So. 2d 421· Fla. 5th DCA· 1982-11-24 ·cited 32×
  Florida Power & Light Company appealed a denial of its motion for relief from 1967 condemnation judgments, arguing the trial court lacked jurisdiction because the condemnation petitions lacked attached authorizing resolutions as required by Tosohatchee. The Fifth District affirme
• Gochenour v. Cleveland Terminals BLDG. Co.
  118 F.2d 89· 6th Cir.· 1941-03-03 ·cited 32×
  The court held that creditors cannot independently sue on behalf of a debtor in bankruptcy reorganization; their remedy is to petition the bankruptcy court to compel the debtor or trustee to act, or to seek appointment of an examiner.
• Eight Hundred, Inc. v. State
  781 So. 2d 1187· Fla. 5th DCA· 2001-04-12 ·cited 31×
  Eight Hundred, Inc. and Bradenton Group, Inc. were acquitted of criminal charges and sought return of property seized under a search warrant. The Florida appellate court reversed the trial court's denial of their motion, holding that the Department of Legal Affairs improperly use
• Bloxham v. The Consumers' Elec. Light & St. R.R. Co.
  36 Fla. 519· Fla.· 1895-06-01 ·cited 30×
  The Florida Supreme Court upheld the State Comptroller's authority to assess and collect taxes on an electric street railroad company's property, rejecting the company's arguments that the assessment was improper and that a judicial sale divested the state's tax lien. The decisio
• Howse v. S/V "Canada Goose I"
  641 F.2d 317· 5th Cir.· 1981-04-02 ·cited 29×
  The court held that the district court erred in allowing Windward to intervene because its cross-claim against Tracor lacked a sufficient connection to the main action, failing to meet the requirements for either intervention of right or permissive intervention.
• Wearly v. Fed. Trade Comm'n
  616 F.2d 662· 3d Cir.· 1980-02-08 ·cited 29×
  The court held that the matter was not ripe for judicial review because the plaintiffs sought preenforcement relief outside of an enforcement action, and the FTC had not yet taken a final position on the confidentiality of the documents.
• Reconstr. Fin. Corp. v. Kaplan
  185 F.2d 791· 1st Cir.· 1950-12-21 ·cited 28×
  A reorganization court under Chapter X has the power to order a secured creditor in possession of the debtor's property to turn over that property to the reorganization trustees, even if the creditor has a lien or pledge, provided the order does not impair the creditor's substant
• Young v. Stoutamire
  131 Fla. 535· Fla.· 1938-02-22 ·cited 25×
  The Florida Supreme Court quashed a circuit court order that directed the sheriff to retain bond money deposited by petitioners in a habeas corpus proceeding. The Court held that money in custodia legis (legal custody) and held by order of the Supreme Court cannot be controlled o
• Columbia Bank for Coop. v. Okeelanta Sugar Coop.
  52 So. 2d 670· Fla.· 1951-04-10 ·cited 23×
  The Florida Supreme Court reversed a lower court's order that directed a receiver to pay funds to Royal's Inc. based on a claimed trust. The court found no evidence of a trust, only a debtor-creditor relationship, and that the indorsement of a promissory note did not assign any p
• Almeda v. State
  959 So. 2d 806· Fla. 2d DCA· 2007-06-27 ·cited 22×
  Joe Almeda appealed the summary denial of his motion for return of personal property seized during a 2000 search warrant execution related to criminal charges. The court reversed and remanded, holding that the trial court failed to provide adequate evidentiary support for denying
• Samy Helmy and Nadia Helmy v. Hon. William T. Swigert
  662 So. 2d 395· Fla. 5th DCA· 1995-11-03 ·cited 22×
  Petitioners sought a writ of mandamus to compel a trial judge to order the return of their dog, Popeye, which was seized during a criminal investigation and subsequently held by the Humane Society. The court held that while mandamus is the proper remedy for return of seized prope
• John Hancock Mut. Life Ins. Co. v. Casey
  134 F.2d 162· 1st Cir.· 1943-03-01 ·cited 22×
  The district court has the power to take possession of mortgaged premises and collect rents after a Chapter X petition is filed and approved, and the exercise of this power is constitutional.
• Stevens v. State
  929 So. 2d 1197· Fla. 2d DCA· 2006-06-09 ·cited 21×
  Daniel Stevens appealed the summary denial of his motion to recover a computer seized from his residence during a search. The district court reversed and remanded, finding that the trial court failed to attach adequate records to support its conclusion that the motion was untimel
• Vance v. United States
  676 F.2d 183· 5th Cir.· 1982-05-20 ·cited 19×
  Warrantless searches of a vehicle's contents after a lawful inventory, without exigent circumstances or plain view, render any evidence obtained tainted and unusable for establishing probable cause for forfeiture. Furthermore, due process requires actual notice to known owners be
• Scott v. State
  922 So. 2d 1024· Fla. 5th DCA· 2006-02-17 ·cited 18×
  James Scott appeals his criminal conviction and various trial court orders, including denial of his motions for return of personal property (jewelry) taken during his arrest. The court affirmed the conviction and sentence but reversed and remanded for an evidentiary hearing on th
• Welsh v. United States
  220 F.2d 200· D.C. Cir.· 1955-02-17 ·cited 18×
  Illegally seized money is subject to a federal tax lien, and the district court properly amended its order to retain the money pending disposition of the lien.
• John Hancock Mut. Life Ins. Co. v. Casey
  139 F.2d 207· 1st Cir.· 1943-11-29 ·cited 18×
  The court clarified that rental and condemnation monies are not general assets of the estate and reserved judgment on the distribution of condemnation monies between the mortgagee and the debtor.
• Durain v. State
  765 So. 2d 880· Fla. 2d DCA· 2000-08-18 ·cited 17×
• Gens v. The United States
  615 F.2d 1335· Ct. Cl.· 1980-02-20 ·cited 17×
  The court held that the Government did not misapply funds, that the statute of limitations on collection was tolled by the bankruptcy petition, and that the plaintiff was not entitled to an abatement of penalties at that time, but remanded for factual determination regarding a sp
• Fed. Deposit Ins. Corp. v. Grella
  553 F.2d 258· 2d Cir.· 1977-04-05 ·cited 17×
  The court held that the FDIC may lack standing to sue if a non-disturbance agreement adequately protects its interests, and the underlying lease dispute should be resolved between the real parties in interest.
• Harvey v. Drake
  40 So. 2d 214· Fla.· 1949-04-26 ·cited 16×
  This case concerns whether a county judge has the authority to order the return of intoxicating liquors seized under a search warrant issued by a circuit judge. The appellate court found that the county judge lacked jurisdiction and that the seized liquors should not be returned
• Reyneldon J. Davis v. State
  198 So. 3d 1070· Fla. 5th DCA· 2016-08-19 ·cited 15×
  Davis appeals the trial court's summary denial of his motion for return of property seized during his criminal prosecution, arguing the motion was untimely. The appellate court reverses, holding that the criminal proceeding did not conclude until the appellate mandate issued on D
• Dragstrem v. Obermeyer
  549 F.2d 20· 7th Cir.· 1977-02-14 ·cited 15×
  A security interest must be protected under local law against any hypothetical judgment lien creditor to have priority over a federal tax lien, even if the government has actual knowledge of the interest.
• The State of Fla. ex rel. Merchs. Nat'l Bank v. Noble A. Hull
  37 Fla. 579· Fla.· 1896-01-01 ·cited 15×
  This case concerns whether a clerk of court can order the sale of perishable property seized under attachment, even when writs of error and supersedeases have been filed, removing the case to the appellate court. The court held that such a sale is permissible to preserve the prop
• In re Petrusch v. Teamsters Local 317
  667 F.2d 297· 2d Cir.· 1981-12-15 ·cited 14×
  The Bankruptcy Court was without subject matter jurisdiction to issue an injunction restraining picketing in a labor dispute because the Norris-La Guardia Act expressly prohibits such injunctions by any United States court.
• United States v. Ivers
  512 F.2d 121· 8th Cir.· 1975-03-11 ·cited 14×
  The court held that the indictment was sufficient and there was substantial evidence to support the conviction for misappropriating bankruptcy estate funds.
• Mrs. Phillip Moresca v. Allstate Ins. Co.
  231 So. 2d 283· Fla. 4th DCA· 1970-02-06 ·cited 14×
  Mrs. Moresca appeals a summary judgment in replevin awarding possession of a 1965 Pontiac to Allstate Insurance Company. The core issue is whether a chattel being held subject to a redelivery bond in a pending replevin action may be seized under a second writ of replevin by a dif
• Kavanas v. Mead
  171 F.2d 195· 4th Cir.· 1948-12-20 ·cited 14×
  Wages must be 'earned' within three months before bankruptcy filing to receive priority, regardless of when they became 'due' or payable.
• Fed. Sav. & Loan Ins. Corp. v. PSL Realty Co.
  630 F.2d 515· 7th Cir.· 1980-09-12 ·cited 12×
  The district court did not err in issuing an injunction to prevent state courts from interfering with its jurisdiction over property in foreclosure proceedings.
• City OF NEW York & the Indus. Comm'r of the State of N.Y. v. United States
  283 F.2d 829· 2d Cir.· 1960-10-31 ·cited 12×
  The court held that the United States' tax lien did not attach to property assigned for the benefit of creditors because the assignment divested the bankrupt of its property interest prior to the lien's attachment, and Bankruptcy Act § 70, sub. a(8) does not retroactively alter t
• In re Fid. Tube Corp.
  278 F.2d 776· 3d Cir.· 1960-05-03 ·cited 12×
  The court held that the trustee in bankruptcy does not hold the status of a "judgment creditor" under Section 3672 of the Internal Revenue Code of 1939, and that the United States' tax liens are valid against the trustee.
• Putnam v. Lower
  236 F.2d 561· 9th Cir.· 1956-07-30 ·cited 12×
  The court held that while prospective profits from a fishing venture are too speculative for damages, expended amounts and a fair allowance for time and services rendered prior to wrongful discharge are recoverable and may be prioritized over a ship mortgage. Claims for fraud are
• Therrell v. The State Life Ins. Co.
  107 Fla. 450· Fla.· 1932-12-21 ·cited 12×
  The Florida Supreme Court held that while a circuit court has equitable jurisdiction to appoint a receiver for mortgaged property held by a statutory liquidator of a defunct trust company, such appointment is not warranted absent a showing of fraud, maladministration, or other il
• Pondella Hall FOR Hire, Inc. v. City OF ST. Cloud
  837 So. 2d 510· Fla. 5th DCA· 2003-01-24 ·cited 11×
  The trial court correctly dismissed the replevin action for lack of jurisdiction, but the dismissal should have been without prejudice. The damages claim is barred by sovereign immunity due to lack of notice.
• Augusta Corp. v. Strawn
  174 So. 2d 422· Fla. 3d DCA· 1965-04-27 ·cited 11×
  A corporate lessee's internal strife does not excuse its failure to maintain leased property as required by the lease, and such failure can lead to forfeiture.
• Oleandi v. State
  731 So. 2d 4· Fla. 4th DCA· 1999-01-06 ·cited 10×
  A trial court has the inherent power to direct the return of property seized from a criminal defendant, and must conduct an evidentiary hearing to determine ownership and the right to return if the property is no longer needed as evidence.
• Simpson v. Thomas
  271 F.2d 450· 4th Cir.· 1959-11-02 ·cited 10×
  Money held by a U.S. Marshal for safekeeping is subject to a federal tax lien and levy, and is not immune from collection efforts.
• Vlavianos v. THE Cypress
  171 F.2d 435· 4th Cir.· 1948-12-27 ·cited 10×
  The court held that seamen are entitled to compensation for improper discharge under 46 U.S.C.A. § 594, calculated at the customary port rate, not the higher contract rate, when the voyage is abandoned due to the owner's financial difficulties.
• Denver-Greeley Valley Water Users Ass'n v. McNEIL
  131 F.2d 67· 10th Cir.· 1942-08-24 ·cited 10×
  The court held that the lower court was warranted in enjoining prosecution of a state court action that interfered with a res already in its custody.
• Engelke & Feiner Milling Co. v. Isador Grunthal
  46 Fla. 349· Fla.· 1903-06-01 ·cited 10×
  In this trespass case arising from an invalid attachment, the Florida Supreme Court reversed and ordered a new trial, holding that a trespasser's liability for damages should be measured by the property's depreciation during the period of the wrongful taking, not extending to sub
• Sanchez v. State
  88 So. 3d 389· Fla. 4th DCA· 2012-05-16 ·cited 9×
  An evidentiary hearing is required before a trial court can deny a motion for the return of seized property.
• Tippins v. Belle Mead Dev. Corp.
  112 Fla. 372· Fla.· 1933-10-17 ·cited 9×
  A Florida Supreme Court decision clarifying the proper procedure when a defendant in an equity foreclosure action obtains a judgment lien in a separate law suit against the mortgagor. The court held that a defendant cannot collaterally attack a receiver's authority through an ind
• In re Meter Maid Indus., Inc. v. Levin
  462 F.2d 436· 5th Cir.· 1972-06-16 ·cited 8×
  The court held that the doctrine of custodia legis did not bar the IRS levy and that the referee had the authority to reconsider his prior order.