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

• THE Florida BAR v. Townsend
  145 So. 3d 775· Fla.· 2014-04-24 ·cited 3×
  The Florida Supreme Court reviewed a referee's report in a contempt proceeding against attorney Louis Randolf Townsend, Jr., arising from his failure to comply with notification requirements following a thirty-day suspension. The Court held Townsend in contempt for failing to not
• In re Amendments to the Fla. Fam. Law Rules of Procedure
  84 So. 3d 257· Fla.· 2012-03-15 ·cited 3×
  The Florida Supreme Court adopted amendments to Florida Family Law Rules of Procedure forms 12.913(a), 12.913(b), and 12.913(c), and created new form 12.913(a)(2) for notices of action in family law cases. The Court declined to adopt proposed amendments to rule 12.070 and decline
• Razuri v. State
  126 So. 3d 261· Fla. 3d DCA· 2010-04-21 ·cited 3×
  The court held that the trial court did not abuse its discretion by failing to conduct a competency hearing, but a nunc pro tunc order finding competency is required.
• Blake v. State
  21 So. 3d 129· Fla. 3d DCA· 2009-11-04 ·cited 3×
  The court held that the trial court did not abuse its discretion in revoking probation based on the evidence presented, but that the grand theft charge could not independently sustain the revocation.
• Mazza v. State
  948 So. 2d 872· Fla. 4th DCA· 2007-02-07 ·cited 3×
  John Mazza appealed the denial of his motion to correct his sentence, arguing he was entitled to credit for time served between his plea acceptance and deferred sentencing. The Fourth District Court of Appeal affirmed, holding that while unlawful deferral of sentencing occurred,
• Merritt v. Merritt
  802 So. 2d 1206· Fla. 2d DCA· 2002-01-09 ·cited 3×
  The former husband sought a nunc pro tunc order to retroactively abate his alimony obligation to July 1993 based on an alleged oral stipulation at a child support hearing. The appellate court reversed, holding that the child support hearing officer had no authority to address ali
• Stokes v. State
  756 So. 2d 1100· Fla. 4th DCA· 2000-05-03 ·cited 3×
• Ardc-Hospitality Mgmt., Inc. v. Randell
  620 So. 2d 254· Fla. 4th DCA· 1993-06-23 ·cited 3×
• Gulfstream III Assocs., Inc. v. Gulfstream Aerospace Corp.
  995 F.2d 414· 3d Cir.· 1993-05-18 ·cited 3×·via Nunc Pro Tunc Judgment
  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.
• Durant v. Maher Chevrolet, Inc.
  759 F. Supp. 787· M.D. Fla.· 1991-03-13 ·cited 3×
  The court held that plaintiffs who did not file EEOC charges may join as plaintiffs in a joint action if named representatives complied with notice requirements and alleged class-wide discrimination. The court also held that genuine issues of material fact existed regarding an em
• Cairns v. Elliot L. Richardson
  457 F.2d 1145· 10th Cir.· 1972-04-12 ·cited 3×
  The court held that nunc pro tunc orders in an annulment proceeding could not retroactively dissolve a common-law marriage that arose after a bigamous ceremonial marriage, and thus the Secretary was not bound by them.
• Carnley v. State
  403 So. 3d 1094· Fla. 5th DCA· 2025-02-28 ·cited 2×·via Nunc Pro Tunc Determination
  Once a defendant's competency is called into question, a trial court must make an independent legal determination of competency, whether written or oral, and failure to do so constitutes reversible fundamental error. The trial court's reliance solely on an expert's written report
• Davis v. State
  344 So. 3d 529· Fla. 1st DCA· 2024-09-18 ·cited 2×
  Daniel J. Davis appeals his conviction for lewd or lascivious molestation of children. The appellate court reversed and remanded because the trial court failed to hold a competency hearing or enter a written order of competency despite an expert report concluding Davis was incomp
• Cuffy v. Dixon
  2021 WL 247917· S.D. Fla.· 2023-09-27 ·cited 2×·via Nunc Pro Tunc Judgment
  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.
• Dempsey v. State
  313 So. 3d 757· Fla. 4th DCA· 2022-03-07 ·cited 2×
  A revocation of community control order must be remanded for correction when it includes a condition violation for which no evidence or findings were established at the violation hearing, even if the substantive revocation decision is affirmed.
• Toryanni M. Nelson v. State
  336 So. 3d 744· Fla. 2d DCA· 2021-09-17 ·cited 2×
  Toryanni M. Nelson appealed his burglary conviction, arguing the trial court failed to hold a competency hearing despite raising questions about his ability to assist in his defense. The court agreed error occurred and relinquished jurisdiction to the trial court to conduct a ret
• WC WH Del. 1, LLC v. Colony Am. Fin. 2016-2, Ltd.
  307 So. 3d 851· Fla. 3d DCA· 2020-09-09 ·cited 2×
• Drennan v. State
  293 So. 3d 1063· Fla. 4th DCA· 2020-04-08 ·cited 2×
  A trial court must enter a written order following a competency hearing finding a defendant competent to proceed; an oral finding alone, even if documented on an unsigned form, is insufficient.
• Zieler v. State
  276 So. 3d 835· Fla. 4th DCA· 2019-07-31 ·cited 2×
  An order determining competency is not independently reviewable on appeal until the circuit court reimposes the original conviction and sentence.
• Wells Fargo Bank v. Ordonez
  15 Fla. L. Weekly Supp. 1· Fla. 2d DCA· 2019-05-24 ·cited 2×
  A loan renewal that does not add obligors and merely changes the interest rate, maturity date, or payment terms is not subject to documentary stamp tax when tax was previously paid on the original document.
• Little v. State
  Fla. 4th DCA· 2019-05-08 ·cited 2×
  When a trial court orders an expert evaluation of a defendant's competency, it has a mandatory duty to conduct a competency hearing and enter a written order determining competency, even if the evaluation indicates competency; failure to do so violates due process and requires re
• Simmons v. State
  271 So. 3d 997· Fla. 4th DCA· 2019-02-20 ·cited 2×
  Once a trial court orders competency examinations, it must hold a competency hearing and enter a written order on the issue; failure to do so is fundamental error requiring reversal. On remand, the trial court may make a nunc pro tunc competency determination if sufficient expert
• Tayon L. Alexander v. State
  254 So. 3d 1157· Fla. 5th DCA· 2018-09-07 ·cited 2×
  Tayon L. Alexander appeals his conviction for aggravated child abuse, arguing the trial court failed to conduct a competency hearing despite appointing an expert for evaluation. The court agrees with both the appellant and the conceding State that this constitutes fundamental err
• Rua-Torbizco v. State
  237 So. 3d 1065· Fla. 3d DCA· 2017-12-13 ·cited 2×
  Rua-Torbizco appealed the trial court's denial of his motion for leave to file a second Rule 3.850 postconviction motion while his appeal of the first motion was pending. The court affirmed the denial but without prejudice, directing the trial court to hold any timely-filed secon
• Hendrix v. State
  224 So. 3d 823· Fla. 2d DCA· 2017-08-09 ·cited 2×
  The court held that while the trial court properly determined the defendant was competent to proceed, it failed to enter a written order to that effect. The judgment and sentence are affirmed, but the case is remanded for entry of a nunc pro tunc written order.
• Williams v. State
  219 So. 3d 895· Fla. 4th DCA· 2017-06-14 ·cited 2×
  Florida appellate court remanded for determination of whether defendant was competent to proceed at violation hearing, as trial court failed to enter a competency order before conviction.
• A.L.Y. v. State
  212 So. 3d 399· Fla. 4th DCA· 2017-03-08 ·cited 2×
  A juvenile appealed a probation violation finding, arguing the trial court failed to conduct a competency hearing despite having reasonable grounds to believe he was incompetent to proceed. The appellate court agreed and reversed, holding that the court must conduct a formal comp
• Nilio v. State
  165 So. 3d 779· Fla. 1st DCA· 2015-05-22 ·cited 2×
  The court held that the trial court erred in denying the appellant's September 2013 motion for post-conviction relief without addressing his claim regarding the April 2012 amended judgment and sentence. The court affirmed the denial of the February 2014 motion.
• Anne Marie Limith v. Lenox ON the Lake dba Ftmi Operator, LLC
  163 So. 3d 616· Fla. 1st DCA· 2015-04-17 ·cited 2×
  The court held that the predecessor Judge of Compensation Claims erred by failing to exercise discretion when denying the Employer/Carrier's motion to dismiss for lack of prosecution, which impacted the statute of limitations for a subsequent claim.
• C.C. v. State
  127 So. 3d 685· Fla. 4th DCA· 2013-11-20 ·cited 2×
  A juvenile appeals his disposition order, challenging the trial court's failure to include mandatory requirements, incorrect charge adjudication (grand theft instead of petit theft), and unauthorized imposition of a teen court fee. The appellate court reverses and remands for ent
• Jacobson v. Sklaire
  50 So. 3d 1· Fla. 3d DCA· 2010-05-12 ·cited 2×
  Co-trustees appealed a trial court order denying their motion to vacate a judgment under Florida Rule of Civil Procedure 1.540. The appellate court reversed, finding that the trial court abused its discretion because the co-trustees reasonably relied on a replacement order filed
• Yuri Jesus v. State
  31 So. 3d 309· Fla. 4th DCA· 2010-04-07 ·cited 2×·via Nunc Pro Tunc Judgment
  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.
• Martin v. State
  31 So. 3d 917· Fla. 3d DCA· 2010-03-31 ·cited 2×
• Griffin v. McNeil
  667 F. Supp. 2d 1340· S.D. Fla.· 2009-10-15 ·cited 2×
  The court held that the petitioner's federal habeas corpus petition was not time-barred under the AEDPA's one-year statute of limitations due to continuous tolling during state post-conviction proceedings.
• Domingo Rodriguez, Jr. v. Palm Beach Cnty. Div. of Animal Care & Control
  988 So. 2d 738· Fla. 4th DCA· 2008-08-27 ·cited 2×
• Brown v. State
  965 So. 2d 1234· Fla. 5th DCA· 2007-09-28 ·cited 2×·via Nunc Pro Tunc Correction
  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×·via Nunc Pro Tunc Correction
  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.
• Duhart v. State
  930 So. 2d 654· Fla. 3d DCA· 2006-02-22 ·cited 2×
  Jermaine Duhart appeals his resentencing to twenty years imprisonment as a habitual felony offender after his original 1997 conviction for four counts of robbery with a deadly weapon was vacated due to erroneous application of the habitual violent felony offender statute. The cou
• Tedesco v. State
  893 So. 2d 660· Fla. 4th DCA· 2005-02-16 ·cited 2×
• Shorter v. State
  891 So. 2d 1146· Fla. 4th DCA· 2005-01-26 ·cited 2×
  Irvin Shorter challenges his Violent Career Criminal (VCC) designation at sentencing, arguing he had only two prior felony convictions rather than the three required by statute. The court held that a nunc pro tunc sentencing from January 10, 1997 was not a separate conviction fro
• City OF Cocoa Beach v. Vacation Beach, Inc.
  876 So. 2d 719· Fla. 5th DCA· 2004-07-02 ·cited 2×
  The City of Cocoa Beach appeals a contempt order imposing sanctions for violating an injunction that stayed enforcement of voter-approved referendum amendments restricting building height and density. The appellate court reversed, holding that the injunction only prohibited enfor
• Tedesco v. State
  821 So. 2d 359· Fla. 4th DCA· 2002-07-03 ·cited 2×
  Florida appellate court affirmed probation revocation but reversed and remanded the upward departure sentence because the trial court failed to consider the corrected nunc pro tunc order that reflected the defendant's negotiated plea agreement.
• Grage v. State
  717 So. 2d 547· Fla. 5th DCA· 1998-02-13 ·cited 2×·via Nunc Pro Tunc Correction
  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
• Pearson v. State
  657 So. 2d 21· Fla. 2d DCA· 1995-06-02 ·cited 2×
  The court held that written findings supporting an adult sentence for a juvenile must be entered contemporaneously with sentencing and cannot be entered nunc pro tunc after an appeal is filed.
• Hedy T. Hickok v. Hickok
  639 So. 2d 1034· Fla. 5th DCA· 1994-07-08 ·cited 2×·via Nunc Pro Tunc Judgment
  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
• McELROY Elecs. Corp. v. Fed. Commc'ns Comm'n
  990 F.2d 1351· D.C. Cir.· 1993-04-23 ·cited 2×
  The court held that the FCC's Second Report and Order did not provide clear notice that applications for unserved areas could not be filed after the five-year expansion period expired but before the FCC announced specific filing dates and procedures.
• OUR Gang, Inc. v. Commvest Sec., Inc.
  608 So. 2d 542· Fla. 4th DCA· 1992-11-18 ·cited 2×
  Our Gang sought to file a counterclaim against Commvest, but Commvest voluntarily dismissed the action one day before the hearing on Our Gang's motion for leave to file the counterclaim. The trial court ruled it lacked jurisdiction to consider the motion because no counterclaim w
• Magee v. United States Lines, Inc.
  976 F.2d 821· 2d Cir.· 1992-09-28 ·cited 2×
  The court held that prejudgment interest should be awarded on the maritime claim when both maritime and Jones Act claims result in a single, unapportioned damages award, and that postjudgment interest runs from the actual date of judgment entry.
• United States v. Gregory Wrice (90-5703) & Tommy Goods (90-5479)
  954 F.2d 406· 6th Cir.· 1992-01-23 ·cited 2×
  The court held that a document filed with the district court within forty days of judgment, even if not a formal notice of appeal, can confer jurisdiction if later validated by a motion to extend time.
• Steen v. Commissioner OF Internal Revenue
  923 F.2d 603· 8th Cir.· 1991-01-15 ·cited 2×
  Payments designated as alimony in a divorce decree are not deductible by the payor if they are, in substance, part of a property settlement under applicable state law.