Nunc Pro Tunc Order

729 Florida cases classified under this topic, plus 109 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Dougherty v. State
  149 So. 3d 672· Fla.· 2014-10-16 ·cited 260×
  The Florida Supreme Court resolved a conflict between district courts regarding whether a defendant can stipulate to his own competency to stand trial. The court held that a defendant's stipulation does not absolve the trial court of its independent duty to determine competency a
• THE Florida BAR v. Greene
  926 So. 2d 1195· Fla.· 2006-03-16 ·cited 181×
  The Florida Supreme Court disbarred attorney Richard Phillip Greene for five years, effective nunc pro tunc April 1, 2004, following his guilty plea to federal securities fraud. The Court upheld the referee's findings that Greene violated multiple professional conduct rules throu
• Kerfert Butler Adams v. Culver
  111 So. 2d 665· Fla.· 1959-05-08 ·cited 142×·via Nunc Pro Tunc Judgment
  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
• Robert v. Bruce
  483 F.2d 1031· 5th Cir.· 1973-09-06 ·cited 124×·via Nunc Pro Tunc Determination
• Mabson v. Christ
  96 Fla. 756· Fla.· 1928-12-11 ·cited 122×·via Nunc Pro Tunc Correction
  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×·via Nunc Pro Tunc Correction
  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
• Mason v. State
  489 So. 2d 734· Fla.· 1986-06-12 ·cited 113×
  Oscar Mason, under a death sentence, appeals the trial court's denial of his Rule 3.850 motion for post-conviction relief. The Florida Supreme Court remands for an evidentiary hearing on whether Mason's competency evaluations were adequate in light of newly discovered evidence of
• Matilda P. Fiehe v. R. E. Householder Co.
  98 Fla. 627· Fla.· 1929-05-15 ·cited 111×
  An insane ward's guardian brought ejectment to recover property sold by a prior purported guardian whose appointment order was never recorded until eight years after the sale occurred. The Florida Supreme Court held that the guardian's appointment order was void for lack of recor
• Harrell's Candy Kitchen, Inc. v. Sarasota-Manatee Airport Auth.
  111 So. 2d 439· Fla.· 1959-04-17 ·cited 106×
  Property owners challenged airport zoning regulations imposed under Florida statute authorizing airport zoning boards to restrict building heights near airport runways. The Florida Supreme Court upheld the statute and regulations as a valid exercise of police power, finding the h
• THE Florida BAR v. Shoureas
  913 So. 2d 554· Fla.· 2005-10-12 ·cited 100×
  The Florida Supreme Court reviewed two consolidated disciplinary cases against attorney Marjorie Hollman Shoureas for client neglect and failure to comply with a suspension order. The Court approved a three-year suspension in Case No. SC03-1194 for violations of professional cond
• United States v. Hitchmon
  602 F.2d 689· 5th Cir.· 1979-09-12 ·cited 93×
  The filing of a notice of appeal from a nonappealable order does not divest the district court of jurisdiction to proceed with the case.
• Bruce v. Estelle
  536 F.2d 1051· 5th Cir.· 1976-08-09 ·cited 90×
  The court held that the district court's determination that the petitioner was legally competent to stand trial was clearly erroneous, reversing the denial of the writ of habeas corpus.
• Osbourne v. Sec'y, Fla. Dep't of Corr.
  968 F.3d 1261· 11th Cir.· 2020-08-07 ·cited 88×
  The Eleventh Circuit held that an amended sentence entered nunc pro tunc under Florida law relates back to the original judgment date and does not constitute a new judgment for purposes of determining if a habeas petition is second or successive.
• State v. Bruno
  104 So. 2d 588· Fla.· 1958-07-30 ·cited 85×
  The Florida Supreme Court addressed its jurisdiction over an appeal from a trial court's order quashing a grand larceny information filed against a former municipal officer. The court held it could not assume the trial court passed on the constitutionality of a statute when the o
• In re Est. of Genevieve Lorraine Livingston Goldman v. Jensen
  79 So. 2d 846· Fla.· 1955-04-27 ·cited 84×
  Ellen Jensen filed a negligence claim against the estate of Genevieve Goldman for injuries from a motor vehicle accident. After the administrator objected to the claim, Jensen's attorneys sought a nunc pro tunc extension of time to file suit, claiming they were unaware of a 1953
• O'Steen v. State
  111 So. 725· Fla.· 1926-12-13 ·cited 83×
  The appellate court affirmed a conviction for manslaughter, rejecting the defendant's arguments that the trial court improperly limited voir dire questions and that the evidence was insufficient. The court emphasized that jurors can consider a defendant's interest when evaluating
• State v. Atkinson
  831 So. 2d 172· Fla.· 2002-10-24 ·cited 82×
  The Florida Supreme Court held that the Jimmy Ryce Act, which allows for the civil commitment of sexually violent predators, does not apply to individuals convicted of such offenses before the Act's effective date if they were not in lawful custody on that date. The court reasone
• State v. Mussa C. Bateh
  110 So. 2d 7· Fla.· 1959-02-25 ·cited 82×
  The Florida Supreme Court held that trial judges cannot indefinitely defer the imposition of sentence without placing a defendant on probation. Once a defendant is adjudged guilty, the trial judge must either sentence him immediately or place him on probation, and any deferred se
• Nixon v. Singletary
  758 So. 2d 618· Fla.· 2000-01-27 ·cited 78×
  Joe Elton Nixon, a death row inmate, challenged his conviction for first-degree murder, claiming his trial counsel provided ineffective assistance by admitting his guilt during opening and closing arguments without his consent. The Florida Supreme Court held that such guilt admis
• Mussa C. Bateh v. State
  101 So. 2d 869· Fla. 1st DCA· 1958-04-01 ·cited 78×
  Bateh appeals his conviction, challenging the trial court's authority to indefinitely defer sentence without imposing probation under statutory requirements. The court held that indefinite deferment of sentence violates due process and constitutional separation of powers, and rem
• Brooks v. State
  180 So. 3d 1094· Fla. 1st DCA· 2015-12-04 ·cited 76×
  The appellate court reversed a defendant's convictions and sentences because the trial court failed to address his competency to stand trial and failed to re-inform him of his right to counsel at sentencing. The case was remanded for a competency hearing and potentially a new tri
• Krupnick v. United States
  264 F.2d 213· 8th Cir.· 1959-03-05 ·cited 76×·via Nunc Pro Tunc Determination
  A court cannot substitute a physician's opinion for a statutorily required psychiatric examination when determining competency to stand trial, but this error does not automatically invalidate the sentence.
• Elbert Coker v. State
  83 Fla. 672· Fla.· 1922-05-22 ·cited 76×
  Elbert Coker was convicted of rape in DeSoto County, Florida, and sentenced to life imprisonment. The Florida Supreme Court reversed the conviction and remanded for a new trial, holding that the evidence did not clearly establish the forcible nature of the alleged crime, which is
• City OF Detroit v. Grinnell Corp.
  560 F.2d 1093· 2d Cir.· 1977-08-30 ·cited 72×
  The court held that the district court's fee award was excessive and not adequately justified, particularly the significant increases above the lodestar amount for settlement administration and other work, and that fees for preparing the fee application itself are not recoverable
• In re the Arb. between Merrill Lynch v. Haydu
  637 F.2d 391· 5th Cir.· 1981-02-19 ·cited 70×
  The court held that the district court erred in denying Haydu's motion to reconsider its order compelling arbitration without addressing the effect of the prior state court's denial of arbitration and the prior federal court's remand order.
• State v. City of Miami
  101 Fla. 292· Fla.· 1931-04-22 ·cited 70×
  Florida Supreme Court upheld the validity of Miami municipal refunding bonds (Series T and V) issued to refund debts incurred after the enabling statute's passage, but invalidated bonds (Series R and W) designed to impose payment obligations on territory annexed to Miami with exp
• Monte v. State
  51 So. 3d 1196· Fla. 4th DCA· 2011-01-05 ·cited 66×
  Frank Monte was convicted of aggravated stalking and violating a protective injunction after representing himself pro se. The Fourth District Court of Appeal reversed and remanded for resentencing and a competency hearing, holding that the trial court erred by failing to renew th
• United States v. Bradford Burt
  619 F.2d 831· 9th Cir.· 1980-05-27 ·cited 63×
  The court held that the decision to federally prosecute the defendants was justified by independent reasons and made prior to the defendants asserting their rights, thus dispelling any appearance of vindictiveness.
• United States v. Taylor
  437 F.2d 371· 4th Cir.· 1971-01-20 ·cited 61×
  The court held that the trial judge erred in denying a motion for appointment of an independent psychiatrist to assist in preparing an insanity defense and inquiring into competency. However, the dissenting judge argues the defendant is entitled to an unconditional new trial.
• Pease v. State
  712 So. 2d 374· Fla.· 1997-10-09 ·cited 59×
  The Florida Supreme Court held that a downward departure sentence may be affirmed even when the trial court fails to contemporaneously file written reasons for the departure, provided the judge orally announced valid reasons for the departure at the time of sentencing. The Court
• United States ex rel. Thomas Trantino v. Hatrack
  563 F.2d 86· 3d Cir.· 1977-08-01 ·cited 58×
  The court held that a state prosecutor cannot waive the federal habeas corpus exhaustion requirement, and the petitioner failed to exhaust state remedies for his Brady claim.
• Alley v. Dodge Hotel
  501 F.2d 880· D.C. Cir.· 1974-07-23 ·cited 58×
  The court held that a pro se litigant's motion for leave to appeal in forma pauperis, filed slightly beyond the deadline, should not be dismissed as untimely without an inquiry into whether the delay was due to excusable neglect.
• United States v. Carey
  895 F.2d 318· 7th Cir.· 1990-01-12 ·cited 56×
  A district court's downward departure from the Sentencing Guidelines was unreasonable because the stated reasons, including restitution, age, physical condition, and aberrant behavior, were improperly applied or not sufficiently articulated.
• Murphy v. Murphy
  125 Fla. 855· Fla.· 1936-10-26 ·cited 56×
  A widow of a Florida domiciliary who died in California successfully elected to take dower against her husband's will rather than accept the provisions made for her benefit. The Florida Supreme Court held that the widow had the right to dissent, determined the scope of her dower
• Costas Hadjipateras v. Pacifica
  290 F.2d 697· 5th Cir.· 1961-05-15 ·cited 55×
  The court (dissenting opinion) holds that it lacks jurisdiction over the appeal because the requirements of 28 U.S.C. § 1292(b) for an interlocutory appeal were not met within the statutory time limits.
• Smith v. Smith
  107 So. 257· Fla.· 1925-12-16 ·cited 55×
  This divorce case involved appeals by both the husband and wife. The appellate court reversed a portion of the final decree that awarded an additional $750 in attorney's fees to the wife's solicitor, finding it was improperly added without notice or hearing, despite a prior stipu
• Sanders v. State
  621 So. 2d 723· Fla. 5th DCA· 1993-05-28 ·cited 54×
  Sanders appeals the trial court's denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a), raising double jeopardy claims and sentencing errors. The court affirmed the denial, holding that double jeopardy challenges cannot be addresse
• Meador v. United States
  332 F.2d 935· 9th Cir.· 1964-06-01 ·cited 54×
  The dissenting judge would not upset the judgment of conviction and would direct a hearing after trial, considering any delay harmless error.
• COX v. United States
  473 F.2d 334· 4th Cir.· 1973-01-29 ·cited 52×·via Nunc Pro Tunc Determination
  The court held that the Attorney General's decision to prosecute a juvenile as an adult is an executive function not subject to judicial review, and the district court's sentencing implicitly determined the defendant would not benefit from the Federal Youth Corrections Act.
• Dortch v. State
  242 So. 3d 431· Fla. 4th DCA· 2018-04-04 ·cited 51×
  The trial court properly found that the plaintiff failed to establish the existence of a defect in the apartment ramp and thus did not meet her burden of proving causation between any alleged defect and her injury, rendering the landlord defendants not liable under Louisiana's st
• Stansell v. Revolutionary Armed Forces OF Colombia
  771 F.3d 713· 11th Cir.· 2014-10-16 ·cited 51×
  Victims of a terrorist kidnapping in Colombia obtained a $318 million default judgment against FARC and sought to collect by garnishing and executing assets of third parties alleged to be FARC agencies or instrumentalities under the Terrorism Risk Insurance Act (TRIA) § 201. The
• Wilson v. Bell
  137 F.2d 716· 6th Cir.· 1943-06-22 ·cited 51×
  A court can correct an illegal sentence by resentencing, but cannot increase a sentence after the defendant has begun serving it or after the term has expired if the original sentence was lawful. The lawful portion of an excessive sentence remains valid.
• Coy E. Kirtland v. J. RAY McDERMOTT & Co.
  568 F.2d 1166· 5th Cir.· 1978-03-03 ·cited 50×
  The appeal is dismissed because it was taken before a final judgment was entered pursuant to Rule 54(b), F.R.C.P., and this deficiency cannot be cured retroactively.
• Steele v. Mayo
  72 So. 2d 386· Fla.· 1954-05-07 ·cited 50×
  Petitioner sought habeas corpus relief challenging his conviction for breaking and entering with intent to commit grand larceny. The Florida Supreme Court rejected his challenges to the trial court's nunc pro tunc correction of the sentencing record and to the validity of chargin
• Merriell v. State
  169 So. 3d 1287· Fla. 1st DCA· 2015-08-04 ·cited 49×
  The court held that while the trial court failed to enter a written order of competency, it did make an independent determination, and thus remanded for a nunc pro tunc order.
• Mason v. Reiter
  564 So. 2d 142· Fla. 3d DCA· 1990-06-12 ·cited 47×·via Nunc Pro Tunc Judgment
  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
• King v. Ionization Int'l, Inc.
  825 F.2d 1180· 7th Cir.· 1987-08-04 ·cited 46×
  A post-judgment order fixing priorities among creditors is appealable, and a debtor's conveyance of secured interests to insiders with intent to defraud a creditor is a fraudulent conveyance under Illinois law.
• Tules v. Zapata
  588 F.2d 1017· 5th Cir.· 1979-02-02 ·cited 46×
  The court held that the combined testimony of two doctors raised a substantial doubt about the petitioner's competency to stand trial, requiring a remand for an evidentiary hearing.
• Baker v. State
  221 So. 3d 637· Fla. 4th DCA· 2017-05-31 ·cited 45×
  Edna Baker was convicted of burglary and grand theft after a trial in which no competency hearing was conducted, despite her defense counsel's motion for a competency evaluation. The Fourth District Court of Appeal reversed and remanded, holding that a competency hearing is manda
• Meintzer v. State
  399 So. 2d 133· Fla. 5th DCA· 1981-06-10 ·cited 44×·via Nunc Pro Tunc Correction
  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