Nunc Pro Tunc Judgment

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

• Kerfert Butler Adams v. Culver
  111 So. 2d 665· Fla.· 1959-05-08 ·cited 142×
  Kerfert Butler Adams challenged his habeas corpus detention, arguing that the information charging him with a lewd and lascivious act before an 11-year-old girl was insufficient and his sentence was excessive. The Florida Supreme Court held that while the charge was technically d
• Mason v. Reiter
  564 So. 2d 142· Fla. 3d DCA· 1990-06-12 ·cited 47×
  In this paternity case involving entertainer Jackie Mason, the Florida Third District Court of Appeal affirmed child support and medical expense awards but reversed the attorney's fees award due to an improper contingency fee multiplier applied in a family law proceeding. The cou
• Llerena v. United States
  508 F.2d 78· 5th Cir.· 1975-02-14 ·cited 44×
  The court held that a sentencing court has the authority to correct an illegal sentence, even after the defendant has begun serving it, to comply with mandatory statutory requirements, and this does not violate double jeopardy protections.
• Powers v. The NEW York Cent. R.R. Co.
  251 F.2d 813· 2d Cir.· 1958-01-15 ·cited 35×
  The court should direct judgment nunc pro tunc to allow interest from the date of the jury verdict or erroneous judgment.
• The State of Fla. ex rel. Antonia E. Sanchez v. Rhydon M. Call
  36 Fla. 305· Fla.· 1895-06-01 ·cited 28×
  Florida Supreme Court ordered a circuit judge to enter a corrected judgment in proper form after the Court had reversed an earlier judgment solely for defective form, holding that the judge's duty to enter the corrected judgment was ministerial rather than discretionary and there
• Webster v. Barnett
  17 Fla. 272· Fla.· 1879-06-01 ·cited 28×
  Norman Webster appeals a judgment for $523.33 entered against him in a breach of promissory note action. The Florida Supreme Court reversed the judgment because the trial court improperly maintained a joint action against both the note's maker (Blew) and endorser (Webster), whose
• Mabrey v. Carnival Cruise Lines, Inc.
  438 So. 2d 937· Fla. 3d DCA· 1983-10-04 ·cited 24×
  The court held that the trial court erred in directing a verdict for the defendant because there was sufficient evidence upon which a jury could lawfully find for the plaintiffs.
• Pittsburg Steel Co. v. Streety
  60 Fla. 183· Fla.· 1910-06-01 ·cited 22×
  The court dismissed the appeal because the writ of error was issued before a final judgment was entered, rendering it ineffectual. A new writ of error would be required to review the subsequently entered nunc pro tunc judgment.
• Saunders v. Willis Dickens, M.D.
  103 So. 3d 871· Fla. 4th DCA· 2012-09-27 ·cited 17×
  Ruby Saunders appealed a defense verdict in a medical malpractice action against Dr. Willis Dickens for allegedly failing to diagnose her husband's cervical cord compression, which resulted in quadriplegia. The Fourth District affirmed the judgment in favor of Dr. Dickens but rev
• Superior Life Ins. Co. v. United States
  462 F.2d 945· 4th Cir.· 1972-06-07 ·cited 16×
  The court held that the district court's order for judgment was not the final judgment, making the government's appeal timely, and that the taxpayer did not qualify as a life insurance company under Section 801 because the unearned premium reserve held by its agent must be includ
• United States v. San Geronimo Dev. Co., Inc.
  154 F.2d 78· 1st Cir.· 1946-03-04 ·cited 16×
  The United States is entitled to the free use and occupation of the leased land during wartime, as the presidential proclamation did not extinguish this reserved right.
• Dowty v. Pioneer Rural Elec. Coop., Inc.
  770 F.2d 52· 6th Cir.· 1985-08-09 ·cited 14×
  The court held that the plaintiff's hybrid § 301/fair representation claim was time-barred by the six-month statute of limitations, as the limitations period began to accrue when the plaintiff knew or should have known of the union's alleged breach of duty, not upon formal receip
• Clearwater Oaks Bank v. Plumtree
  477 So. 2d 1023· Fla. 2d DCA· 1985-08-09 ·cited 13×
  Clearwater Oaks Bank challenged a trial court's order granting a competing mortgagee (Plumtree) attorney's fees from an escrow account and a subsequent nunc pro tunc judgment creating a lien on that account. The court reversed the nunc pro tunc judgment as void due to untimely fi
• Am. Fam. Mut. Ins. Co. v. Jones
  739 F.2d 1259· 7th Cir.· 1984-07-25 ·cited 12×
  Even if an agent's actions could create coverage upon acceptance of a check, the subsequent conversation between the insured and the agent effectively cancelled any such coverage.
• Blais v. Blais
  410 So. 2d 1365· Fla. 5th DCA· 1982-03-17 ·cited 12×
  The court held that the trial court erred in requiring the husband to maintain life insurance for the wife's benefit, as such provisions are generally considered postmortem alimony and can be unenforceable, especially concerning government-issued policies. Other awards were affir
• Fawcett v. Weaver
  121 Fla. 245· Fla.· 1935-10-16 ·cited 10×
  The appellate court affirmed a judgment in an ejectment suit, holding that a court can enter a final judgment at a term subsequent to the one in which the verdict was rendered and the motion for a new trial was denied. This is permissible as a nunc pro tunc entry to reflect the j
• Atwell v. Atwell
  730 So. 2d 858· Fla. 1st DCA· 1999-04-30 ·cited 8×
  The court reversed an annulment of a 16-year marriage, holding that Florida courts must give full faith and credit to California's nunc pro tunc divorce judgment that retroactively finalized the wife's prior marriage dissolution before she married the husband in Florida. The annu
• Middleton v. DAN River, Inc.
  834 F.2d 903· 11th Cir.· 1987-12-21 ·cited 8×
  The court held that the statute of limitations was equitably tolled for two plaintiffs due to fraudulent concealment by the employer, but not for a third plaintiff. The court also affirmed the sufficiency of evidence for occupational pneumoconiosis and the appropriateness of a nu
• Herpel v. Pfundston
  104 So. 2d 620· Fla. 2d DCA· 1958-07-30 ·cited 8×
  Herpel, Inc. appealed from an order dismissing its slander complaint against Ann Pfundston. The appellate court dismissed the appeal because the order being appealed was not a final judgment—a subsequent order vacated the trial court's grant of leave to amend, but the appellant d
• RAY v. United States
  121 F.2d 416· 7th Cir.· 1941-06-25 ·cited 8×
  A party who procures an insurance policy through fraudulent misrepresentation cannot recover premiums paid after the fraud is discovered and the policy is avoided.
• Cora Messana v. Messana
  421 So. 2d 48· Fla. 4th DCA· 1982-10-27 ·cited 7×
• In re the Matter of the Adoption OF R.A.B.
  426 So. 2d 1203· Fla. 4th DCA· 1983-02-09 ·cited 6×
  The Florida Fourth District Court of Appeal reversed a trial court's dismissal with prejudice of a stepparent adoption petition after the stepfather died before the adoption could be finalized. The court held that while posthumous adoption decrees cannot be granted, the child may
• Davis v. State
  356 So. 2d 1252· Fla. 4th DCA· 1978-02-21 ·cited 6×
  Davis was convicted of attempted burglary of a motor vehicle and possession of burglary tools. The appellate court reversed and remanded for a new trial on the possession of burglary tools count due to the trial court's violation of Davis's Fifth Amendment right to remain silent
• Ellis W. Ballard et ux. v. Hopkins
  142 So. 2d 738· Fla. 2d DCA· 1962-06-20 ·cited 6×
  The appellate court dismissed an appeal for lack of jurisdiction because the appellants filed their notice of appeal from a jury verdict rather than from a final judgment, and the judgment subsequently entered was dated after the appeal was filed. This case clarifies that a jury
• Kirchoff v. Jenne
  819 So. 2d 959· Fla. 4th DCA· 2002-06-26 ·cited 5×
  Kirchoff and Rivenbark appealed a judgment declaring two motorcycles "lost or abandoned" and vesting title in the Sheriff's office. The court reversed, finding the judgment void because the Sheriff failed to provide constitutionally adequate notice to the known owners and their c
• Gaines v. Sayne
  727 So. 2d 351· Fla. 2d DCA· 1999-02-19 ·cited 4×
  Eugene Gaines appealed a final divorce judgment, arguing the decree was not final because his wife had a pending motion for rehearing on financial issues when she died. The Florida District Court of Appeal held that the portion of the judgment dissolving the marriage was sufficie
• Brock v. The Scheuner Corp.
  841 F.2d 151· 6th Cir.· 1988-03-08 ·cited 4×
  The court held that a settlement agreement was reached, but the district court erred in altering agreed-upon payment terms and awarding attorneys' fees to the Secretary.
• Venable v. Meyers
  500 F.2d 1215· 9th Cir.· 1974-07-16 ·cited 4×
  The court held that the entry of judgment nunc pro tunc was appropriate and that the denial of leave to appeal in forma pauperis was not an abuse of discretion.
• Walton Land & Timber Co. v. Louisville & Nashville R.R. Co.
  72 Fla. 66· Fla.· 1916-07-07 ·cited 4×
  Walton Land & Timber Company sued Louisville & Nashville Railroad for damages to a mule shipped as livestock that died from injuries sustained during transportation. The court reversed the trial court's judgment dismissing the action, holding that the shipper presented sufficient
• Wilson v. Matheson
  17 Fla. 630· Fla.· 1880-01-01 ·cited 4×
  Wilson and McHenry purchased a judgment against the Standley estate at a sale under execution, claiming a lien on lands the complainant Wilson had purchased from the estate's administratrix. The Florida Supreme Court affirmed the lower court's decree enjoining their sale, holding
• Gulfstream III Assocs., Inc. v. Gulfstream Aerospace Corp.
  995 F.2d 414· 3d Cir.· 1993-05-18 ·cited 3×
  The court held that attorneys' fees are recoverable under the Clayton Act even if the trebled verdict is offset by prior settlements, and that fees from related prior litigation can be included if the work product was utilized and inextricably linked to the current litigation.
• Cuffy v. Dixon
  2021 WL 247917· S.D. Fla.· 2023-09-27 ·cited 2×
  A resentencing order that is nunc pro tunc to the original judgment does not create a 'new judgment' for purposes of filing a second or successive federal habeas corpus petition.
• Yuri Jesus v. State
  31 So. 3d 309· Fla. 4th DCA· 2010-04-07 ·cited 2×
  The trial court lost jurisdiction to enter a corrected judgment after the notice of appeal was filed, and the evidence supported a conviction for attempted third degree burglary, not second degree.
• Hedy T. Hickok v. Hickok
  639 So. 2d 1034· Fla. 5th DCA· 1994-07-08 ·cited 2×
  Hedy Hickok appeals from a final judgment of dissolution of marriage, challenging the trial judge's entry of the judgment nunc pro tunc and the amount of support awarded. The appellate court affirms the dissolution but reverses the judgment's dating and support amount due to impr
• Fajen v. Found. Reserve Ins. Co., Inc.
  683 F.2d 331· 10th Cir.· 1982-07-15 ·cited 2×
  Removal of a state court action to enforce an amended state court judgment is improper when the action does not present a federal question on its face, even if a prior federal judgment is involved as a defense.
• McADOO v. Union Nat'l Bank of Little Rock
  558 F.2d 1313· 8th Cir.· 1977-07-07 ·cited 2×
  The court held that the district court erred in transferring the case to the Western District of Texas under 28 U.S.C. § 1404(a) because the original suit, seeking a declaration that a note and deed of trust were void, was a transitory action and could not have been brought in th
• Richards v. United States
  212 F.2d 453· D.C. Cir.· 1954-04-22 ·cited 2×
  The court held that a colloquy in open court, where the judge invited counsel to present a new judgment nunc pro tunc to clarify a sentence reduction, did not itself reduce the sentence when counsel failed to present the judgment.
• Frier v. State
  11 Fla. 300· Fla.· 1867-01-01 ·cited 2×
  The Florida Supreme Court affirmed a judgment against a Tax Assessor and Collector for failing to pay collected taxes into the State Treasury, rejecting his attempt to set off Treasury Warrants against the debt. The court established important principles governing the duties and
• Kaufman v. Herrman
  748 So. 2d 310· Fla. 4th DCA· 1999-10-27 ·cited 1×
  A personal injury action does not abate if the plaintiff dies after a verdict is rendered but before a final judgment is entered, as the verdict conclusively resolves the dispute.
• Griffin v. United States
  M.D. Fla.· 2025-12-01
  The court held that the movant's current § 2255 motion is not second or successive because it challenges a new, intervening judgment, and that his claims are either not cognizable, barred by prior resolution, or lack merit.
• Johnson v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2025-10-07
  The federal habeas corpus petition is dismissed as time-barred because the petitioner failed to file within the one-year limitations period prescribed by AEDPA. An amended judgment entered nunc pro tunc does not reset the limitations clock.
• Smith v. Sec'y, Fla. Dep't of Corr. (Duval County)
  M.D. Fla.· 2025-06-27
  The court held that the petitioner is entitled to equitable tolling, making his federal habeas petition timely filed.
• Funk v. Sec'y, Dep't of Corr. (Hillsborough)
  M.D. Fla.· 2025-03-07
  The court held that an amended judgment entered nunc pro tunc to the original judgment date is not a new judgment for purposes of a second or successive habeas petition, and that the petitioner's claims were either successive or procedurally barred.
• Johnson v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2023-09-13
  The court held that sentence modifications that are nunc pro tunc or clerical corrections do not create a new judgment and therefore do not restart the AEDPA limitation period for filing a federal habeas petition.
• Argos USA, LLC v. Franklin
  Fla. 1st DCA· 2021-08-20
  The appellate court reversed a trial court's judgment for the defendant in a debt collection case. The court found that the trial court's conclusion that the defendant owed nothing was against the manifest weight of the evidence, and that the defendant did owe a specific amount f
• Philippe v. Michael Weiner, M.D.
  207 So. 3d 308· Fla. 3d DCA· 2016-11-16
  The court affirmed the post-final-judgment orders in consolidated appeals challenging a deficiency judgment, holding that appellants' collateral attack on the 2012 judgment was barred by law of the case doctrine and appellants failed to preserve issues for appeal.
• Perkins v. Stevens
  15th Cir. Ct. App. Div.· 2015-01-02
  Perkins appeals a final judgment for breach of contract entered against him by PC Professor, a computer training company. The appellate court affirmed liability but reversed the damages amount, finding insufficient evidence that Perkins agreed to pay the full tuition after a scho
• Perez v. State
  956 So. 2d 1221· Fla. 4th DCA· 2007-05-23
  The court affirmed the life sentence and vacated an improper reconfirmed judgment, holding that prior convictions were res judicata and could not be preserved for appeal on remand.
• In re Roberts
  846 F.2d 1360· Fed. Cir.· 1988-05-11
  The court held that it lacked jurisdiction to consider the mandamus petition because there was no existing or prospective patent case over which it had jurisdiction.
• Jaris v. Tucker
  414 So. 2d 1164· Fla. 3d DCA· 1982-06-08
  The Florida Third District Court of Appeal held that a court cannot enter a nunc pro tunc judgment of dissolution after the death of one spouse, even if the court orally pronounced the judgment before the death occurred. The court reversed a panel decision that had reached the op