Motion To Vacate Decree

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

• Frederic G. Chisholm v. Chisholm
  98 Fla. 1196· Fla.· 1929-12-31 ·cited 102×
  Frederic Chisholm appeals a chancellor's order denying his motion to vacate a divorce decree entered against him in 1926. The court reversed, finding that the decree was void for lack of jurisdictional facts and procedural defects, including failure to provide proper notice of a
• Sawyer v. Gustason
  96 Fla. 6· Fla.· 1928-06-13 ·cited 77×
  The Florida Supreme Court affirmed an order vacating a default decree in a quiet title suit where the defendant, a nonresident in actual possession of the property, was not properly informed of the suit. The court held that while the decree appeared valid on its face, it was void
• Walling v. Miller
  138 F.2d 629· 8th Cir.· 1943-11-09 ·cited 41×
  A district court's determination of its jurisdiction, even if erroneous, is not subject to collateral attack via a motion to vacate a consent decree, especially when the issue pertains to the plaintiff's standing or the exclusivity of a statutory remedy.
• Rice v. Rice
  4 So. 2d 850· Fla.· 1941-12-05 ·cited 23×
  The appellate court affirmed a divorce decree and property settlement, rejecting the wife's motion to vacate. The court found her claims of fraud and insufficient grounds for divorce lacked merit and were raised too late.
• Polk v. Chase Nat'l Co.
  120 Fla. 243· Fla.· 1935-07-03 ·cited 21×
  This case concerns an appeal from an order denying a motion to vacate a final decree and order confirming a sale in a tax foreclosure suit. The appellate court affirmed the lower court's decision, holding that the motion to vacate was insufficient and the original decree and conf
• Braznell v. Braznell
  140 Fla. 192· Fla.· 1939-10-06 ·cited 18×
  In this divorce case, the Florida Supreme Court affirmed the trial court's final decree granting Agnes Braznell a divorce from Carl Braznell on grounds of habitual intemperance, and upheld the denial of his motions for rehearing and to vacate. The court rejected claims of collusi
• Izler v. Porter Slyke
  115 So. 516· Fla.· 1928-01-09 ·cited 18×
  A Florida Supreme Court case addressing whether a final decree quieting title based on a tax deed should be vacated after twenty days when the defendant died before the decree's entry and proper service was questionable. The court affirmed the vacation of the decree, allowing the
• Sydney v. Auburndale Constr. Corp.
  96 Fla. 688· Fla.· 1928-12-05 ·cited 16×
  Sydney brought a foreclosure action against Auburndale Construction Corporation and the Bristols, obtaining a decree pro confesso and final decree. The defendants moved to vacate the decree and set aside the final decree beyond the twenty-day period specified in Equity Rule 45, a
• Kutner v. Kutner
  159 Fla. 870· Fla.· 1947-12-16 ·cited 14×
  Dorothy Kutner appealed a divorce decree granted to her husband on his cross-complaint. The Florida Supreme Court reversed the decree, holding that the court lacked jurisdiction because neither party had established the required 90-day bona fide residence in Florida, a jurisdicti
• Adler v. Superior Apts. Corp.
  119 Fla. 127· Fla.· 1935-04-25 ·cited 12×
  This case, on its third appeal, addresses whether a trial court properly struck the reply of Louis Adler to a rule to show cause for a writ of assistance compelling delivery of foreclosed property. The Supreme Court held that Adler's allegations of fraud by the original mortgagor
• McCORMICK v. McCORMICK
  181 So. 2d 220· Fla. 2d DCA· 1965-12-08 ·cited 11×
  A wife appeals a final decree of divorce based on a stipulation and agreement that divided marital property and set alimony. The appellate court reversed the decree, finding the wife signed the stipulation based on the husband's fraudulent misrepresentation of his income and fina
• King v. Bell
  54 Fla. 568· Fla.· 1907-06-01 ·cited 10×
  In this 1907 Florida Supreme Court case, appellants Joe King, Jr. and associated entities challenged a final decree in an accounting and mortgage redemption dispute. The court affirmed the trial court's judgment, finding no reversible error despite the appellants' procedural obje
• Conlon Wilmott and William Wilmott v. Wilmott
  119 So. 2d 54· Fla. 1st DCA· 1960-03-24 ·cited 8×
  In this divorce case, the Florida District Court of Appeal reversed a final divorce decree and remanded for new proceedings, holding that although the defendant was validly personally served with process, the court lacked jurisdiction to enter the decree because proper proof of s
• Kennedy v. Ford R. Vandine
  185 So. 2d 693· Fla.· 1966-04-20 ·cited 6×
  The Florida Supreme Court reversed a summary judgment ordering partition of property held as tenants by the entireties, finding that the trial court erred in granting summary judgment when the defendants raised uncontroverted affirmative defenses of laches and adverse possession.
• Eberle v. Wilson
  97 Fla. 384· Fla.· 1929-03-20 ·cited 6×
  The Florida Supreme Court reversed an order that had vacated a final decree, holding that the lower court lost jurisdiction to modify the decree after six months had passed. This case clarifies the finality of court decrees after a specified period.
• Steen v. Bd. of Pub. Instruction of Palm Beach Cnty.
  80 Fla. 146· Fla.· 1920-06-30 ·cited 6×
  This case concerns a taxpayer's challenge to a bond validation decree. The court held that the Board of Public Instruction had the authority to determine the necessary bond amount, even if it differed from the amount petitioned for, and that the circuit judge improperly vacated a
• Thompson v. Jiro J. Enomoto (former Director
  915 F.2d 1383· 9th Cir.· 1990-10-04 ·cited 4×
  The court held that the district court had jurisdiction to modify the consent decree and that its modifications, including extending the decree's application to all death-sentenced inmates and altering benefits for Grade B inmates, were not an abuse of discretion and did not viol
• Kathaleen Mary Horra v. Horra
  118 So. 2d 670· Fla. 3d DCA· 1960-03-14 ·cited 4×
  In this divorce appeal, the trial court vacated a final divorce decree and dismissed the case for lack of prosecution after finding the wife fraudulently misled the husband into believing she had dismissed the suit, while secretly proceeding. The appellate court affirmed, holding
• Green v. Hood
  98 So. 2d 488· Fla.· 1957-11-27 ·cited 4×
  The Florida Supreme Court reversed an injunction decree that restrained a sheriff from collecting a tax warrant, holding that the Comptroller of the State of Florida was a necessary and indispensable party to the injunction proceeding and could not be bound by a decree entered wi
• Crum v. Baily
  135 Fla. 192· Fla.· 1938-11-28 ·cited 3×
  This case involves an appeal from an order dismissing an amended bill of complaint. The court affirmed the dismissal, finding that the issues raised in the amended bill were either previously adjudicated, improperly raised, or barred by the passage of time and prior litigation.
• Alexander v. Kautzmann
  21 Fla. Supp. 38· Dade Cty. Cir. Ct.· 1963-03-01
  Defendant Maxine L. Kautzmann challenged a mortgage foreclosure decree, arguing the court lacked personal jurisdiction over her because service by publication was improper. The court upheld the foreclosure, finding that although Kautzmann remained a Florida resident at her known
• Pan Am. Fin. Co., Inc. v. Tucker
  11 Fla. Supp. 95· Dade Cty. Cir. Ct.· 1957-10-15
  Pan American Finance Co. sought to foreclose a mortgage on property owned by James D. Tucker and his wife Inell Tucker. The court set aside the foreclosure decree and declared the mortgage and note null and void, finding that Inell Tucker's signature was forged and that James Tuc
• Cox v. HAL W. Adams
  151 Fla. 280· Fla.· 1942-08-04
• Michelson v. Alida Michelson
  132 Fla. 679· Fla.· 1938-06-08
  In this 1938 Florida divorce case, the former wife appealed a final divorce decree and the denial of her motion to vacate, challenging the trial court's jurisdiction on grounds that neither party was a Florida resident and that the husband fraudulently obtained service by publica
• Otto A. Mathein v. Mathein
  131 Fla. 623· Fla.· 1938-03-03
  The Florida Supreme Court dismissed an appeal from a divorce decree vacation order because the appeal was filed more than six months after the order was entered, falling outside the appellate jurisdiction period. The court found no justiciable matter to review.
• The Drawdy Inv. Co. v. McIntosh Inv. Co.
  108 Fla. 531· Fla.· 1933-03-02
  Drawdy Investment Company appealed a foreclosure decree on a tax lien, challenging the entry of a decree pro confesso and contending it had timely entered an appearance through telegram and later formal notice. The Florida Supreme Court affirmed the lower court's decision, holdin
• Smoak v. City of Punta Gorda
  100 Fla. 904· Fla.· 1930-10-18
  The Florida Supreme Court affirmed a final decree foreclosing special assessment liens filed by the City of Punta Gorda against property owners for street improvements and sewer installation. The court rejected the defendants' motion to vacate a decree pro confesso, holding that