Custodia Legis

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

• Buck Kreihs Co., Inc. v. The United States
  427 F.2d 770· Ct. Cl.· 1970-06-12 ·cited 8×
  A contract to repair vessels, even if the vessels are in disrepair, is maritime in nature and falls under the exclusive admiralty jurisdiction of the district courts, not the Court of Claims.
• Leatherman v. Gus Gimourginas
  192 So. 2d 301· Fla. 3d DCA· 1966-11-29 ·cited 8×
  The Florida District Court of Appeal held that funds deposited in a circuit court's registry in a chancery proceeding are not subject to garnishment by a judgment creditor in a separate civil court proceeding. The court reversed the trial court's garnishment judgment against the
• Bankruptcy v. W. F. Sebel Co., Inc.
  295 F.2d 654· 10th Cir.· 1961-10-24 ·cited 8×
  The bankruptcy court does not have summary jurisdiction to recover property mailed by a bankrupt before filing but delivered after filing, if the addressee claims ownership.
• In re A. M. Townson & Co.
  283 F.2d 449· 3d Cir.· 1960-10-05 ·cited 8×
• Emil v. Hanley
  130 F.2d 369· 2d Cir.· 1942-07-29 ·cited 8×
  The court held that the Bankruptcy Act amendments of 1938 did not grant bankruptcy courts exclusive jurisdiction over the accounts of a receiver appointed in a state court foreclosure action that commenced before the bankruptcy petition.
• United States v. Gurley
  415 F.2d 144· 5th Cir.· 1969-07-30 ·cited 7×
  The court held that the nature of the Gurleys' estate in the property was a material fact issue precluding summary judgment or judgment on the pleadings.
• Wicky v. Crisanto C. Oxonian
  24 So. 3d 571· Fla. 2d DCA· 2009-08-07 ·cited 6×
  Jessica Wicky sought to quash a discovery order requiring her to submit a blood sample for testing of Benzonatate, a prescription cough medication, in a wrongful death negligence action. The Florida Court of Appeal held that blood testing in civil cases must comply with Rule 1.36
• United States v. Rubenstein
  971 F.2d 288· 9th Cir.· 1992-07-24 ·cited 6×
  The court held that the district court abused its discretion by abstaining and remanding the parties to state court to determine ownership of bail funds, as federal courts have jurisdiction over funds in their registry.
• Metro-Dade Police Dep't OF Dade Cnty. v. Alphonso Hidalgo
  601 So. 2d 1259· Fla. 3d DCA· 1992-06-30 ·cited 6×
• United States v. Liverpool & London & Globe INS. Co.
  209 F.2d 684· 5th Cir.· 1953-12-21 ·cited 6×
  The United States' tax lien, arising upon assessment and notice, takes priority over a prior served garnishment writ where no judgment was obtained by the garnishing creditor before the tax lien became valid.
• Tibbals v. Mica Mountain Mines, Inc.
  172 F.2d 449· 10th Cir.· 1949-02-02 ·cited 6×
  The court held that a prior judgment voiding a judicial sale, through which the plaintiffs claimed title, barred the current ejectment action under the doctrine of res judicata.
• Larsen v. N.Y. Dock Co. the Guatemala
  166 F.2d 687· 2d Cir.· 1948-03-23 ·cited 6×
  A party furnishing services to a ship in custodia legis may have a preferential claim if the services are an incident of court administration and benefit the parties, even if initially relying on a third party's credit.
• First Bank of Marianna v. Pinckney. in re Beall's Estate
  139 F.2d 575· 5th Cir.· 1944-01-05 ·cited 6×
  The bankruptcy court had summary jurisdiction to order the turnover of funds paid by estate executors to a bank, and the payment was properly ordered returned as it discharged the bankrupt's debt, not the estate's.
• Ware v. R. E. Crummer & Co.
  128 F.2d 114· 5th Cir.· 1942-05-05 ·cited 6×
  The bankruptcy court lacked jurisdiction to order city officials to restore funds diverted from a failed municipal bond refunding plan, as the funds were not in custodia legis and remained under the city's control.
• Hooker v. Wiggins
  104 Fla. 355· Fla.· 1932-02-25 ·cited 6×
  The Florida Supreme Court addressed whether money collected by a sheriff under one execution could be applied by the sheriff to satisfy another execution against the execution creditor. The court held that such money is considered in the custody of the law and cannot be levied up
• Ex Parte: Marcus R. Bostwick
  102 Fla. 995· Fla.· 1931-09-22 ·cited 6×
  In this habeas corpus proceeding, the Florida Supreme Court reviewed the conviction of Marcus Bostwick for criminal contempt of court. The court held that Bostwick's removal of trees and plants from foreclosed property after a writ of assistance was issued did not constitute cont
• State v. Am. Tobacco Co.
  723 So. 2d 263· Fla.· 1998-11-13 ·cited 5×
  The Florida Supreme Court held that a trial court lacks authority to disburse tobacco settlement funds held in its registry to private attorneys (the PTA lawyers) based on charging liens, because the settlement agreement and attorney contract plainly require all settlement procee
• Commercial Bank OF Okeechobee v. Proctor
  349 So. 2d 710· Fla. 1st DCA· 1977-08-17 ·cited 5×
  A Florida appellate court resolved a jurisdictional dispute between two circuit courts over ownership of cattle levied upon in a judgment execution. The court held that a Marion County circuit judge exceeded his jurisdiction by enjoining an execution sale ordered by an Okeechobee
• City of Sarasota v. Dixon
  146 Fla. 369· Fla.· 1941-03-14 ·cited 5×
  In this Florida Supreme Court case, M. W. Dixon sought to recover possession of buildings constructed by Dixon Fish Company on leased property and rental payments from A. W. Dixon's estate. The court upheld a decree finding that A. W. Dixon held the property in constructive trust
• Daniel v. State
  991 So. 2d 421· Fla. 5th DCA· 2008-09-26 ·cited 4×
  Anthony Daniel appealed the trial court's denial of his motion to recover $586 confiscated by police upon his arrest. The police claimed they had a valid contract with Daniel to retain the money in exchange for not pursuing vehicle forfeiture, but Daniel asserted the agreement wa
• Harkless v. State
  975 So. 2d 437· Fla. 2d DCA· 2007-03-23 ·cited 4×
  The court held that a trial court must either conclusively refute a motion for return of property or hold an evidentiary hearing, and cannot deny it based solely on the State's response regarding potential future postconviction relief.
• United States v. Safeco Ins. Co. OF Am., Inc.
  870 F.2d 338· 6th Cir.· 1989-03-16 ·cited 4×
  A federal tax lien attaches to a taxpayer's accrued but unpaid salary, even if disbursement is restricted by court order, because such accrued salary constitutes a property interest under federal law.
• The Clarkson Co. Ltd. in Bankr. v. Shaheen
  716 F.2d 126· 2d Cir.· 1983-08-15 ·cited 4×
  The court held that once securities are taken into court custody for the benefit of a judgment creditor, no subsequent levy by other creditors can gain priority over the initial creditor's claim.
• In re RED Carpet Corp. OF Panama City Beach v. Miller
  708 F.2d 1576· 11th Cir.· 1983-07-05 ·cited 4×
  A bankruptcy court cannot order money damages against an attorney for a debtor in possession for negligence or wrongdoing; it can only deny or reduce the attorney's fees.
• Nikolaos Bassis v. Universal Line, S.A.
  484 F.2d 1065· 2d Cir.· 1973-06-08 ·cited 4×
  The court held that wharfage charges incurred by a vessel in custodia legis, which benefits the vessel and its creditors, may be treated as an administrative expense if the custodial court permits or acquiesces in the service being rendered, even without explicit prior authorizat
• Bohn v. United States
  467 F.2d 1278· 8th Cir.· 1972-10-04 ·cited 4×
  The court held that the district court lacked subject matter jurisdiction because the action was barred by tax statutes and the plaintiff failed to exhaust administrative remedies.
• Modart, Inc. v. Penrose Indus. Corp. (a
  404 F.2d 72· 3d Cir.· 1968-10-18 ·cited 4×
  The court held that a judgment creditor, whose judgment was obtained in another state and not docketed until after a conservator was appointed, has no lien or vested right to funds held by the conservator.
• In re Consol. Container Carriers, Inc.
  385 F.2d 362· 3d Cir.· 1967-09-28 ·cited 4×
  A valid foreign attachment served more than four months before bankruptcy divests the bankrupt of possessory interest in the attached asset, precluding the bankruptcy court's summary jurisdiction.
• United States v. Reliable Sales Co.
  376 F.2d 803· 4th Cir.· 1967-04-04 ·cited 4×
  The court held that a stay of a district court's order releasing non-obscene magazines should not be granted pending appeal, as it would raise constitutional questions and frustrate the statutory scheme.
• Peterson v. S.S. Wahcondah & Ahern Shipping Co., Ltd.
  331 F.2d 44· 5th Cir.· 1964-04-08 ·cited 4×
  The court held that the district court erred in refusing to consider the libelants' claim for statutory penalty wages under 46 U.S.C.A. § 596, and reversed and remanded for further proceedings.
• Nw. Marine Works v. United States
  307 F.2d 537· 9th Cir.· 1962-08-17 ·cited 4×
  The court held that the government, by operating the vessel for its own benefit instead of strictly foreclosing, assumed the risk of losses and could not claim priority for its advances over existing maritime liens.
• M. C. Summe (Boehm) v. Chapman Dairy Co.
  238 F.2d 3· 8th Cir.· 1956-11-13 ·cited 4×
  The court held that alleged statements by a bankruptcy custodian did not constitute abandonment of valuable estate property, and a party failing to assert claims in bankruptcy court is precluded from doing so later.
• Hart v. United States
  207 F.2d 813· 8th Cir.· 1953-11-10 ·cited 4×
  The court held that while the United States could establish its tax lien priority in federal court, it could not enjoin the state court from administering property already in its custody.
• Dunbar v. Cranor
  202 F.2d 949· 9th Cir.· 1953-03-23 ·cited 4×
  The court held that the petition for a writ of habeas corpus did not state sufficient facts to entitle the petitioner to relief, and denied the certificate of probable cause.
• Matoil Serv. & Transp. Co., Inc. v. Schneider
  129 F.2d 392· 3d Cir.· 1942-06-26 ·cited 4×
  The owner of property in custodia legis is not entitled to compensation from the custodian for the continued permissive use of the property for storage of other seized goods, absent a statute or agreement imposing such a duty.
• Hale v. Campbell
  127 F.2d 594· 8th Cir.· 1942-04-23 ·cited 4×
  The court held that the executor and devisees/legatees of the deceased wife's estate were not indispensable parties to the plaintiff's suit to quiet title to Iowa real estate and bonds.
• Haskins v. Roseberry
  119 F.2d 803· 9th Cir.· 1941-05-07 ·cited 4×
  The court held that the Nevada statute barring actions for recovery of lands sold for taxes after three years from the deed's delivery applies and bars the receiver's claim.
• Ex parte Fuller
  99 Fla. 1165· Fla.· 1930-05-20 ·cited 4×
  This case addresses whether an attachment levy on personal property is valid if the sheriff does not physically remove the property, and if interfering with such property constitutes contempt of court. The court held that constructive possession is sufficient for a valid levy and
• Folkstone Mar., Ltd. v. CSX Corp.
  866 F.2d 955· 7th Cir.· 1989-01-26 ·cited 3×
  The court held that the appeal concerning the amount of the release bond was moot because the vessel had already been released and was beyond the court's jurisdiction, rendering any decision ineffectual.
• State v. The Honorable DeWitt T. Gray
  135 Fla. 826· Fla.· 1939-01-13 ·cited 3×
  The Florida Supreme Court granted a writ of mandamus directing a trial court judge to proceed with a new trespass and trover action rather than stay it pending payment of costs from a prior reversed detinue judgment. The court held that while costs may be taxed against a plaintif
• Young v. Stoutamire
  131 Fla. 834· Fla.· 1938-03-29 ·cited 3×
  The Florida Supreme Court resolved the disposition of a cash bond ($2,279.00) deposited by Donald and Elsie Mae Young as a condition of their release pending extradition proceedings. The court held that the bond funds should be paid to the Youngs' attorneys as specified in the bo
• United States v. Unger
  949 F.2d 231· 8th Cir.· 1991-11-07 ·cited 2×
  The court held that misappropriated funds remain property of the estate even after plan confirmation, thus maintaining bankruptcy court jurisdiction and upholding the guilty plea.
• Cindylou A. Yardas (Wilson) v. United States
  899 F.2d 550· 6th Cir.· 1990-04-03 ·cited 2×
  A judgment creditor's garnishment notice served on the District Court Clerk was effective to establish a claim superior to a later IRS tax lien, even though the property was physically held by the Marshal.
• Expeditions Unlimited, Inc. v. Rolly Marine Servs., Inc.
  447 So. 2d 453· Fla. 4th DCA· 1984-03-28 ·cited 2×
  The court held that the trial court erred in awarding attorney's fees to the United States, a non-party, without statutory or contractual basis.
• George Cohen Sons & Co., Ltd. v. Koch
  376 F.2d 629· 1st Cir.· 1967-05-01 ·cited 2×
  A party injured by a tortious attachment must take reasonable steps to mitigate damages; damages are not recoverable for harm that could have been avoided by due care. The attaching party is liable for damages during the period after disclosure of the error when the property coul
• Kusens v. Johannesburg
  182 So. 2d 468· Fla. 3d DCA· 1966-02-08 ·cited 2×
  The court reviewed an order adjudicating rights arising after a final decree, which had settled claims and counterclaims regarding the division of assets and liabilities of a corporation and proceeds from a property sale.
• Maxwell v. State OF Cal.
  341 F.2d 235· 9th Cir.· 1965-02-08 ·cited 2×
  A state tax lien can attach to funds held in custodia legis, and California's statutory lien provisions do not violate the Due Process Clause.
• Bumb v. Bonafide Mills, Inc.
  327 F.2d 544· 9th Cir.· 1964-02-03 ·cited 2×
  The bankruptcy court had jurisdiction to enjoin a state court action by a creditor against the receiver when that action could affect the administration of the bankruptcy estate and the equal treatment of creditors.
• de Korwin v. First Nat'l Bank OF Chicago
  267 F.2d 337· 7th Cir.· 1959-03-30 ·cited 2×
  The court held that the District Court had jurisdiction in rem or quasi in rem over the trust res and could adjudicate all claims to it, and that the May 22, 1958 decree was binding on all parties. However, the February 20, 1958 protective order was reversed.
• Lewis H. Safer in Bankr. of Riverside Iron & Steel Corp. v. Wood
  249 F.2d 401· 9th Cir.· 1957-05-07 ·cited 2×
  The court held that the trustee failed to prove the elements of a preference, and the state court's judgment was conclusive regarding the distribution of funds.