Nunc Pro Tunc Correction

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

• Mabson v. Christ
  96 Fla. 756· Fla.· 1928-12-11 ·cited 122×
  The Florida Supreme Court reversed a deficiency decree entered months after final foreclosure decrees had become absolute, holding that a court lacks power to grant new rights or impose new duties not adjudicated in its final decrees after they have become final and absolute. The
• The Kippy Corp. v. Sherwood Colburn
  177 So. 2d 193· Fla.· 1965-06-30 ·cited 116×
  The Florida Supreme Court held that a stay order on a final decree does not prevent that decree from becoming absolute or extend the trial court's jurisdiction to modify or vacate it. The Court reversed the District Court of Appeal's decision that had allowed modification of a fi
• Meintzer v. State
  399 So. 2d 133· Fla. 5th DCA· 1981-06-10 ·cited 44×
  Meintzer appeals the revocation of his probation and challenges whether he received proper credit against his prison sentence for jail time served as a probation condition. The court affirms the probation revocation but remands for correction of the sentence to properly reflect j
• Carson v. State
  489 So. 2d 1236· Fla. 2d DCA· 1986-06-13 ·cited 42×
  Scott Carson appeals an amended sentence after he was erroneously discharged from prison. The court affirmed the trial court's authority to correct the clerical error in the credit for time served, but reversed and remanded to ensure Carson received credit for the period he was a
• Ricou v. Merwin
  94 Fla. 86· Fla.· 1927-06-28 ·cited 41×
  This case addresses whether an amendment to a final decree to correct a clerical error constitutes a new final decree, thereby affecting the timeliness of an appeal. The court held that such an amendment does not create a new final decree and relates back to the original decree's
• Boggs v. Honorable Louie L. Wainwright
  223 So. 2d 316· Fla.· 1969-05-21 ·cited 40×
  A nunc pro tunc correction of a clerical error in a sentence, striking language that would have made it run concurrently, means the sentence is governed by the statute requiring consecutive service unless otherwise directed.
• State v. Lummus
  111 Fla. 746· Fla.· 1933-08-10 ·cited 32×
  Ranger Realty Co. sought mandamus relief to compel tax officials and a newspaper publisher to correct irregularities in tax assessment and sale proceedings for a 1928 tax certificate purchase. The Florida Supreme Court held that state law imposed a continuing duty on tax officers
• Gant v. United States
  161 F.2d 793· 5th Cir.· 1947-04-21 ·cited 30×
  The court held that a second, consecutive sentence imposed for an offense already punishable by a valid, partially served sentence is illegal and should be expunged.
• Pace v. Pace
  99 Fla. 859· Fla.· 1930-04-21 ·cited 25×
  This case concerns a modification of an alimony decree in a divorce proceeding. The Florida Supreme Court affirmed the chancellor's authority to modify a final divorce decree that provided for alimony in a lump sum ($15 per week for 100 weeks) by treating the modification petitio
• Wells v. State
  796 So. 2d 1276· Fla. 4th DCA· 2001-10-17 ·cited 24×
  A trial court has jurisdiction to correct a clerical error, such as the omission of 'Jr.' from a name in a final judgment of conviction, at any time.
• Wilder v. Wilder
  251 So. 2d 311· Fla. 4th DCA· 1971-08-13 ·cited 24×
  In this divorce appeal, the former husband challenges an order modifying the final divorce judgment to clarify and amend provisions regarding life insurance beneficiary designations. The court reversed the modification order, holding that the changes constituted substantive error
• J.B. v. State
  829 So. 2d 376· Fla. 4th DCA· 2002-11-06 ·cited 22×
  J.B., a juvenile, pled no contest to assault on an educational employee and disruption of a school function. The trial court committed him to a level six moderate-risk program with special probation conditions. On appeal, the Fourth District Court of Appeal reversed and remanded
• Bartlett & Sons Co. v. Pan-American Studios, Inc.
  144 Fla. 531· Fla.· 1940-10-08 ·cited 13×
  The appellate court affirmed the lower court's orders, finding that the appeal was untimely filed. The court also held that clerical errors in a final decree can be corrected by the lower court at any time, and that the lower court correctly denied a motion for a final decree aft
• Thacker v. State
  185 So. 2d 202· Fla. 3d DCA· 1966-04-19 ·cited 12×
  Ray Charles Thacker, Jr. appeals the summary denial of his motion for relief challenging a resentencing that occurred without his presence. The court reversed, holding that a defendant has a constitutional right to be present at sentencing, even when the court claims it is merely
• Application of Nathaniel Grier
  342 F.2d 120· C.C.P.A.· 1965-03-11 ·cited 12×
  The court held that the Patent Office, in ex parte appeals, can concede claims to an appellant even after an appeal is filed, distinguishing this from the precedent set in In re Allen.
• Jovan Howard v. State
  139 So. 3d 975· Fla. 4th DCA· 2014-06-11 ·cited 6×
  The court held that the trial court should have treated the motion to correct the record as a rule 1.540(a) motion and reconsidered it on the merits.
• State v. Stang
  41 So. 3d 206· Fla.· 2010-07-08 ·cited 5×
  The dissenting opinion argues that the district court erred in releasing the defendant, asserting that the defendant's habeas corpus petitions were procedurally barred because the issues raised could have and should have been addressed in prior direct appeals or postconviction mo
• Suggs v. Wilson
  403 F.2d 52· 9th Cir.· 1968-11-13 ·cited 4×
  The court held that a defendant's sentence had not commenced and the trial court could correct a clerical error in the degree of the offense nunc pro tunc without violating double jeopardy protections.
• Brown v. State
  965 So. 2d 1234· Fla. 5th DCA· 2007-09-28 ·cited 2×
  Brown appealed his sentencing for aggravated assault and aggravated battery, arguing that the trial court improperly amended his oral sentence pronouncement after the sentencing hearing concluded. The appellate court reversed, holding that once a sentencing hearing ends, the oral
• Gilchrist v. State
  938 So. 2d 654· Fla. 4th DCA· 2006-10-11 ·cited 2×
  Freddie Gilchrist was convicted of two counts of aggravated battery on pregnant women. The Fourth District Court of Appeal reversed and remanded for a new trial because the jury instruction on self-defense was erroneous and negated the defendant's only viable defense.
• Grage v. State
  717 So. 2d 547· Fla. 5th DCA· 1998-02-13 ·cited 2×
  Daniel Grage appeals a trial court's partial denial of his Rule 3.850 motion to vacate his sentence. The court affirmed the denial, finding that Grage's claim regarding a sentence correction was procedurally barred and, on the merits, involved only a technical correction of a cle
• Thaddeus Chaylon Martin v. State
  238 So. 3d 369· Fla. 3d DCA· 2017-12-13 ·cited 1×
  Martin appeals orders denying his motion to disqualify the trial judge, motion for reconsideration, motion for postconviction relief based on ineffective assistance of counsel, and motion for rehearing. The Florida Third District Court of Appeal affirmed all orders, rejecting Mar
• Perez v. State
  20 So. 3d 950· Fla. 3d DCA· 2009-10-07 ·cited 1×
  Ismael Perez appeals the trial court's denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800. The appellate court reverses and remands, finding that subsequent judicial modifications had created confusion about whether certain sentence
• Drumwright v. State
  572 So. 2d 1029· Fla. 5th DCA· 1991-01-17 ·cited 1×
  Willie Drumwright was convicted of cocaine possession and delivery and sentenced to 30 years as a habitual offender, but a clerical error reflected only 30 months in the judgment. After his release and dismissal of appeal, the trial court corrected the judgment to reflect the ori
• State v. Sholtz
  119 Fla. 103· Fla.· 1935-04-19 ·cited 1×
  This case involves a mandamus proceeding where Martin County sought to operate under the "Kanner Act" for fiscal management. The court considered whether the county had properly availed itself of the Act's provisions before making budget appropriations.
• Grantley v. Dixon
  S.D. Fla.· 2025-11-10
  The court held that the petitioner's federal habeas petition was untimely under AEDPA and that he failed to satisfy any exceptions to the limitations period.
• Sanchez v. State
  Fla. 5th DCA· 2023-09-08
  The court affirmed the conviction and sentences but remanded to correct the judgment by explicitly stating the sentences were nunc pro tunc to when the appellant began serving his sentence.
• Burgess v. Fla. Dep't of Corr.
  S.D. Fla.· 2022-11-15
  Al Burgess, a Florida prisoner sentenced to life for armed kidnapping and armed sexual battery, challenged his resentencing through federal habeas corpus, arguing his resentencing counsel rendered ineffective assistance by failing to object to an upward departure sentence and by
• Branton v. Sec'y, Dep't of Corr. (Hillsborough County)
  M.D. Fla.· 2022-11-03
  A state court's ministerial correction of a scrivener's error in a judgment to conform to the oral sentencing pronouncement does not create a new judgment for purposes of determining if a federal habeas petition is second or successive.
• Wells v. State
  966 So. 2d 459· Fla. 4th DCA· 2007-10-03
  Thomas Perry Wells, Jr. appeals the denial of his rule 3.850 motion for postconviction relief, claiming his written sentence does not conform to the trial court's oral pronouncement. The court affirms, finding his sentence was already corrected nunc pro tunc in 1997 and directing
• Fuller v. State
  672 So. 2d 55· Fla. 3d DCA· 1996-03-27
• Hyte Dev. Corp. v. Gen. Elec. Credit Corp.
  356 So. 2d 1254· Fla. 3d DCA· 1978-02-21
  Hyte Development Corp. appealed from a trial court order denying its motion to vacate a foreclosure sale and an order correcting a scrivener's error in the property description. The appellate court held that while the trial court properly corrected the scrivener's error nunc pro