Custodia Legis

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

• Vancouver Book & Stationery Co., Inc. v. L. C. Smith & Corona Typewriters, Inc.
  138 F.2d 635· 9th Cir.· 1943-11-01 ·cited 2×
  The court held that the trial court did not err in directing a verdict for the defendants because there was probable cause for the institution of the bankruptcy proceedings and no affirmative showing of malice.
• Odyssey Marine Exploration, Inc. v. Unidentified
  675 F. Supp. 2d 1126· M.D. Fla.· 2009-12-22 ·cited 1×
  The court held that the Foreign Sovereign Immunities Act (FSIA) bars jurisdiction over the shipwreck and its contents, as they are the property of Spain and not subject to U.S. court adjudication.
• Lockwood v. Pierce
  730 So. 2d 1281· Fla. 4th DCA· 1999-05-12 ·cited 1×
  The Florida appellate court reversed a trial court order imposing storage costs on the clerk of court for a vehicle held as evidence in a criminal case. The court held that the trial court lacked subject matter jurisdiction to enter a civil judgment against the clerk, who was not
• Strickland v. Detective Thelman
  665 So. 2d 284· Fla. 5th DCA· 1995-12-01 ·cited 1×
  Harold Strickland appeals a summary judgment upholding the Orange County Sheriff's Department's retention of his jewelry that was taken into custody upon his arrest. The court reversed and remanded, holding that a criminal trial court has inherent jurisdiction to order the return
• State ex rel. Ted Rinehart v. Cochran
  137 So. 2d 243· Fla. 1st DCA· 1962-02-06 ·cited 1×
  Ted Rinehart, a convicted prisoner, petitioned for habeas corpus challenging his detention by the Florida Division of Corrections. The circuit court quashed the writ and remanded him to custody. The appellate court affirmed, holding that habeas corpus does not properly serve to e
• United States v. THE M. V. Atl. Reefer & John Doe
  221 F.2d 940· 5th Cir.· 1955-05-04 ·cited 1×
  The court held that a search warrant was improvidently issued and constituted an abuse of process when used to seize property already in custodia legis in a civil admiralty case, especially without probable cause.
• Douglas v. Deutsche Bank Tr. Co. Americas & Custodian for HSBC
  230 So. 3d 911· Fla. 5th DCA· 2017-10-06
  Florida appellate court reversed the trial court's order returning an appeal bond to Holly Douglas, holding that Robert Douglas was entitled to an evidentiary hearing to establish his claim that he provided the funds and received an assignment of Holly's interest in the bond.
• Gonzalez v. State
  152 So. 3d 69· Fla. 3d DCA· 2014-11-19
  Gonzalez appealed a trial court's denial of his motion to vacate an order returning personal property to its rightful owner. The appellate court affirmed, holding that the trial court lacked jurisdiction over the property once it had been returned to its owner and was no longer h
• Sanchez v. State
  143 So. 3d 1094· Fla. 2d DCA· 2014-07-30
  The Florida Second District Court of Appeal reversed a trial court order applying seized cash to a defendant's fines and court costs, holding that the trial court must either hold an evidentiary hearing or attach record portions that conclusively refute a defendant's motion for r
• Campbell v. Alston A. Chin
  84 So. 3d 475· Fla. 1st DCA· 2012-04-12
  Trial court properly returned seized currency to defendant because the sheriff's release form lacked the required written waiver of judicial review under Florida's Contraband Forfeiture Act.
• Admiral Cruise Servs., Inc. v. M/V ST. Tropez
  524 F. Supp. 2d 1378· S.D. Fla.· 2007-12-06
  The court held that crew members' claims for unpaid tips, earned while the vessel was under a bankruptcy trustee's control but before arrest, constitute a valid maritime lien against the vessel's proceeds, and are not barred by the judicial custody doctrine.
• Beary v. State
  9th Cir. Ct. App. Div.· 2007-10-24
  The Orange County Sheriff sought certiorari relief from a county court order requiring him to produce an Intoxilyzer 8000 machine for inspection in 29 consolidated DUI cases. The Ninth Judicial Circuit granted the petition, finding the county court lacked personal jurisdiction an
• Justice v. State
  944 So. 2d 538· Fla. 2d DCA· 2006-12-22
  The court held that a trial court must conduct an evidentiary hearing on a motion for return of property if the motion is facially sufficient, and cannot rely solely on a sheriff's office response.
• SFC Valve Corp v. Wright Mach. Corp.
  105 B.R. 720· S.D. Fla.· 1989-09-01
  A successor in interest to a bankrupt entity cannot pursue an unlisted cause of action without first seeking abandonment or reopening of the bankruptcy proceedings, regardless of when the cause of action was discovered.
• Fed. Sav. & Loan Ins. Corp. v. Kerr
  859 F.2d 1226· 5th Cir.· 1988-11-15
  The court held that the FSLIC, as a receiver holding an inferior lien, cannot prevent a superior lienholder from conducting a non-judicial foreclosure sale without court approval.
• United States v. Wilshire Apts.
  590 F.2d 876· 10th Cir.· 1979-01-22
  The court held that a receiver must use a plenary suit, not a summary proceeding, to obtain property in the possession of a third party claiming adverse interest.
• Oxford Consumer Disc. Co. v. Adler
  296 So. 2d 568· Fla. 3d DCA· 1974-06-18
• In re Balogh & Co., Inc.
  D.D.C.· 1970-10-07
  A bankruptcy court may exercise summary jurisdiction over a fund attached in state court if all parties with claims to the fund consent, even if the attachment lien would otherwise be voidable under Section 67(f) of the Bankruptcy Act.
• In re Berman & Co., Inc. v. Nat'l Fin. Co.
  378 F.2d 252· 6th Cir.· 1967-06-06
  A referee in bankruptcy lacks the authority to permit a dividend in the hands of a trustee to be attached by process from a state court, as such action is not supported by federal statute and interferes with the bankruptcy court's jurisdiction.
• Alsina Zapf McCREARY v. Freedman
  196 So. 2d 755· Fla. 1st DCA· 1967-03-07
  Where an appellant posts a supersedeas bond and the reversal of the appealed order satisfies the bond condition, the appellee is not entitled to recover damages representing interest on the fund withheld during the appeal. The judgment for such damages must be reversed.
• Sartain v. Pitchess
  368 F.2d 806· 9th Cir.· 1966-11-10
  A California parole agent has the authority to place a 'hold' on a parolee who is already in custody, as this is a preliminary measure pending investigation or prosecution.
• In re Esley L. Corbin, Sr. v. Todd
  350 F.2d 514· 6th Cir.· 1965-09-14
  A garnishment lien obtained within four months of bankruptcy is void under § 67(a) of the Bankruptcy Act if title to the funds had not yet passed to the creditor.
• Early & Daniel Co. v. Brown
  22 Fla. Supp. 155· Duval Cty. Civ. Ct. Rec.· 1961-10-26
  A judgment creditor sought to recover for conversion against a purchaser of the judgment debtor's personal property, claiming the purchaser wrongfully disposed of property sold after execution was docketed but before levy. The court held that a judgment creditor with only a docke
• In re ST. Charles Hotel Co.
  157 F.2d 317· 3d Cir.· 1946-08-29
  The court held that a bankruptcy court can receive an involuntary petition even if a reorganization proceeding was pending, especially when the reorganization court has dismissed its petition.
• Peden v. Fleming
  153 F.2d 800· D.C. Cir.· 1946-03-04
  The court held that a probation order issued after commitment is void, and a void probation order does not constitute an unconditional reduction of sentence.
• Union Indem. Co. v. Fla. Bank & Tr. Co.
  S.D. Fla.· 1931-03-17
  Surety companies that paid bonds securing a bank's deposits of bankrupt estate funds sought priority status as creditors when the bank became insolvent. The court held that deposits of bankruptcy estate funds in a designated depository constitute debts due the United States under
• Barney Cavanaugh Hardware Co. v. Lewis & Bro.
  43 Fla. 436· Fla.· 1901-06-01
  A mortgagee holding only a chattel mortgage lien on merchandise lacks standing to file a claim proceeding against attachment writs executed on the mortgaged property. The Florida Supreme Court reversed the lower court's order allowing Mrs. Callie H. Lewis to claim merchandise as