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

• Ramseur v. Beyer
  921 F.2d 504· 3d Cir.· 1990-12-28 ·cited 2×
  The court held that the district court abused its discretion by denying the motion for an extension to file a notice of appeal, as the delay in filing constituted excusable neglect.
• Stempler v. Larimore (In Re Fla. Airlines
  110 B.R. 570· M.D. Fla.· 1990-01-30 ·cited 2×
  The court held that the appellant, as president of the debtor-in-possession, was a 'professional person' requiring prior court authorization for compensation and that unpaid aircraft lease payments were not in the ordinary course of business.
• Lewis v. State
  532 So. 2d 1340· Fla. 4th DCA· 1988-11-02 ·cited 2×
  James Lewis was convicted of robbery and sentenced to three years imprisonment plus three years community control as a youthful offender. The court reversed his sentence because it exceeded the guidelines and lacked written reasons for departure, remanding for resentencing within
• In re Cedar Tide Corp. v. Chandler's Cove INN, Ltd.
  859 F.2d 1127· 2d Cir.· 1988-10-17 ·cited 2×
  The court held that a dissolved New York corporation can file for Chapter 11 protection and that a post-petition transfer of substantially all assets without notice and a hearing is voidable under 11 U.S.C. § 363(b)(1).
• In re Mortgageamerica Corp. v. Am. Fed. Sav. & Loan
  831 F.2d 97· 5th Cir.· 1987-11-04 ·cited 2×
  Nunc pro tunc language in a bankruptcy trustee's written appointment order is effective for commencing the statute of limitations if it arises from oversight and does not cause undue prejudice.
• In re Interstate Rest. Sys., Inc.
  61 B.R. 945· S.D. Fla.· 1986-06-17 ·cited 2×
  The court held that bankruptcy courts should prioritize substance over form and equitable principles when assessing compensation, and that 'professional' services are not solely defined by educational degrees or the absence of ministerial tasks.
• Hunter v. Hunter
  487 So. 2d 1160· Fla. 5th DCA· 1986-04-24 ·cited 2×
  Patricia Hunter appealed the trial court's dismissal of her motion to modify alimony on jurisdictional grounds. The appellate court held that the trial court retained jurisdiction over alimony modifications because the 1980 order only suspended alimony (not divested jurisdiction)
• United States ex rel. Seymour Buxbom v. Naegele Outdoor Advertising Co. OF Cal., Inc.
  739 F.2d 473· 9th Cir.· 1984-08-03 ·cited 2×
  The court held that retroactive approval of an agreement by the Bureau of Indian Affairs (BIA) deprives a party of a claim under 25 U.S.C. § 81, even if the claim vested before approval.
• Fajen v. Found. Reserve Ins. Co., Inc.
  683 F.2d 331· 10th Cir.· 1982-07-15 ·cited 2×·via Nunc Pro Tunc Judgment
  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.
• Int'l Union OF Operating Eng'rs & Int'l Union of Operating Eng'rs v. Murl Long and Sally Long
  388 So. 2d 572· Fla. 3d DCA· 1980-06-23 ·cited 2×
  This case involves a motion to correct a typographical error in a prior appellate opinion. The court grants the motion to amend the opinion to accurately reflect the intended meaning regarding union responsibility for tortious acts.
• State ex rel. Luebell Wilson v. Smith
  369 So. 2d 658· Fla. 1st DCA· 1979-04-06 ·cited 2×
  A medical mediation panel extension of time was challenged because the written order memorializing the extension was entered after the 120-day statutory deadline, though the motion and oral grant occurred within that period. The court held that Florida law does not require the wr
• McADOO v. Union Nat'l Bank of Little Rock
  558 F.2d 1313· 8th Cir.· 1977-07-07 ·cited 2×·via Nunc Pro Tunc Judgment
  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
• In re Involuntary Retirement of Circuit Judge Jack A. Falk
  300 So. 2d 260· Fla.· 1974-09-10 ·cited 2×
  The Florida Supreme Court approved the Judicial Qualifications Commission's recommendation to involuntarily retire Circuit Judge Jack A. Falk due to permanent physical disability (prostate carcinoma) that prevented him from performing his judicial duties.
• Hattie M. Blunt v. The State Bd. OF Educ. of the State of Fla.
  275 So. 2d 303· Fla. 1st DCA· 1973-04-05 ·cited 2×
  Hattie Blunt, a 25-year teaching veteran, challenged her contract termination by the Marion County Board of Public Instruction for alleged teaching incompetency. The Florida District Court of Appeal affirmed her dismissal, holding that the school board provided adequate notice of
• Jammie Don White v. United States
  470 F.2d 727· 5th Cir.· 1972-09-25 ·cited 2×·via Nunc Pro Tunc Determination
  The court held that the sentencing court erred in denying a § 2255 motion without an evidentiary hearing when there were sufficient grounds to question the petitioner's competency to plead guilty.
• Pulley v. Norvell
  431 F.2d 258· 6th Cir.· 1970-08-18 ·cited 2×
  The court held that the Tennessee appellate courts' consideration of an out-of-time bill of exceptions did not violate the appellant's equal protection rights, and that consecutive sentences for robberies committed on the same occasion were permissible under the circumstances.
• Hooper v. Swenson
  401 F.2d 352· 8th Cir.· 1968-09-26 ·cited 2×
  The court held that the admission of an accomplice's statement was harmless error and affirmed the denial of the habeas corpus petition.
• Fisherman v. Achuff
  392 F.2d 587· 9th Cir.· 1968-04-09 ·cited 2×
  The dissenting judge believes the majority's suggestions to the district court regarding state relief are unnecessary and potentially exceed constitutional powers.
• Francia v. Rodriguez
  371 F.2d 827· 10th Cir.· 1967-01-19 ·cited 2×
  The court held that the federal court must accept the New Mexico Supreme Court's interpretation of state law regarding nunc pro tunc orders unless it violates fundamental principles of liberty and justice.
• Martin v. Martin
  139 So. 2d 406· Fla.· 1962-05-23 ·cited 2×
  The Court held that the petitioner was denied procedural due process because he was not adequately informed of the evidence against him and given an opportunity to rebut it, especially when informants' credibility was challenged.
• Colson v. Monteil
  226 F.2d 614· 8th Cir.· 1955-11-03 ·cited 2×
  The court held that the trustee and referee's actions, though procedurally improper, evidenced an intent to abandon the judgment as worthless, and thus the creditor's motion to strike the supplemental exemption report should have been denied.
• Maben v. Norvell
  214 F.2d 263· D.C. Cir.· 1954-05-13 ·cited 2×
  The court held that the dismissal with prejudice as to the administrator was improper because the court may have lacked jurisdiction over him, requiring remand.
• MAY v. Moss
  212 F.2d 400· 8th Cir.· 1954-04-27 ·cited 2×
  The court held that a consent decree, once entered, cannot be materially modified without the consent of all parties, and any such modification is void.
• Richards v. United States
  212 F.2d 453· D.C. Cir.· 1954-04-22 ·cited 2×·via Nunc Pro Tunc Judgment
  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.
• Wilson v. United States
  154 F.2d 908· 6th Cir.· 1946-04-22 ·cited 2×
  The court held that the District Court erred in failing to correct the sentence as previously directed.
• Stanton v. Fed. Trade Comm'n
  131 F.2d 105· 10th Cir.· 1942-10-16 ·cited 2×
  The court held that the Federal Trade Commission's cease and desist order was supported by sufficient findings, despite a minor typographical error in the initial findings that was subsequently corrected.
• On Rehearing
  98 Fla. 638· Fla.· 1929-10-17 ·cited 2×
  This case addresses the validity of a guardian's sale of real estate belonging to an insane person (Matilda Fiehe) when the guardian's appointment order was not recorded in the court minutes before the sale, but was later recorded nunc pro tunc. The Florida Supreme Court held tha
• The S. Ins. Co. v. Smith-Tyler
  43 Fla. 297· Fla.· 1901-06-01 ·cited 2×
  The Southern Insurance Company appealed a default judgment entered against it in a fire insurance dispute after the plaintiff filed an amended declaration without proper notice. The Florida Supreme Court reversed the judgment, finding the clerk lacked authority to enter a default
• Frier v. State
  11 Fla. 300· Fla.· 1867-01-01 ·cited 2×·via Nunc Pro Tunc Judgment
  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
• Davis v. State
  418 So. 3d 851· Fla. 5th DCA· 2025-08-28 ·cited 1×·via Nunc Pro Tunc Determination
  When a trial court has reasonable grounds to believe a defendant might not be competent to proceed and appoints an expert to evaluate competence, the court commits fundamental error by failing to make an independent determination of competence.
• Williams v. State
  Fla. 5th DCA· 2022-07-22 ·cited 1×·via Nunc Pro Tunc Determination
  When the State confesses error regarding defendant's trial competency, the case must be reversed and remanded for a competency hearing and nunc pro tunc determination of competency.
• Ellis v. State
  328 So. 3d 1036· Fla. 1st DCA· 2021-09-15 ·cited 1×
  Ellis was convicted as an accessory after the fact to murder. On appeal, she challenged the trial court's competency determination made before sentencing, arguing the court failed to independently evaluate her competency despite receiving an expert report. The majority agreed and
• Lavinel Zurz v. State
  315 So. 3d 14· Fla. 4th DCA· 2021-03-17 ·cited 1×·via Nunc Pro Tunc Determination
  The court affirms convictions but remands for correction of the statute citation from 784.021 to 784.045 for the aggravated battery count and for the trial court to hold a hearing and make a nunc pro tunc written determination of competency, with vacation of judgment and new tria
• Parker v. State
  313 So. 3d 171· Fla. 1st DCA· 2021-01-15 ·cited 1×
  The appellate court affirmed a defendant's convictions for bank fraud and uttering a forged instrument. The court held that the defendant's arguments regarding stale competency reports and the lack of a written competency order were not preserved and did not constitute fundamenta
• Maxwell v. State
  309 So. 3d 716· Fla. 1st DCA· 2021-01-06 ·cited 1×
  The appellate court reversed a conviction because the trial court failed to conduct a proper competency hearing before allowing the defendant to proceed to trial. The case was remanded for a determination of competency.
• Felten v. State
  45 Fla. L. Weekly S193· Fla. 1st DCA· 2020-10-21 ·cited 1×
  The appellate court affirmed one issue but reversed and remanded the judgment and sentence because the trial court failed to hold a competency hearing or enter a written order regarding the defendant's competency to stand trial. This failure constitutes fundamental error.
• Cookston v. State
  299 So. 3d 613· Fla. 5th DCA· 2020-07-10 ·cited 1×
  A trial court must conduct an independent competency determination and enter a written order adjudicating competency, and cannot simply accept a defendant's stipulation to competency even when expert reports support it.
• Palmer v. State
  300 So. 3d 1247· Fla. 5th DCA· 2020-06-05 ·cited 1×
  A trial court may correct a clerical error in a judgment to conform it to the jury's verdict, and such correction may be made at any time, even after the court's term has expired.
• Ayers v. State
  294 So. 3d 364· Fla. 4th DCA· 2020-04-15 ·cited 1×
  Although a trial court must enter a written competency order when it orders an examination and holds a hearing on competency, the failure to enter such an order does not invalidate a conviction when the court's oral statements clearly establish a competency finding supported by c
• Aime v. State
  292 So. 3d 1267· Fla. 1st DCA· 2020-04-07 ·cited 1×
  While the trial court properly determined defendant competency based on expert evaluation and oral pronouncement, it was required to memorialize that determination in a written order nunc pro tunc to the date of the oral ruling.
• Aquino v. State
  290 So. 3d 525· Fla. 3d DCA· 2019-11-13 ·cited 1×
  The appellate court reversed orders revoking probation because the trial court failed to make an independent determination of the defendant's competency. The case was remanded for the trial court to either conduct a nunc pro tunc competency hearing or a new competency adjudicatio
• Alcazar v. State
  276 So. 3d 962· Fla. 1st DCA· 2019-07-22 ·cited 1×·via Nunc Pro Tunc Determination
  When an appellate court issues a mandate with specific instructions, the trial court must follow those instructions and has no discretion to deviate. The trial court violated the appellate mandate by entering a nunc pro tunc competency finding without holding the hearing that was
• D'Agostino v. Ccp Ponce
  274 So. 3d 1141· Fla. 3d DCA· 2019-05-01 ·cited 1×
  In this foreclosure deficiency judgment appeal, the mortgagor Ponce Trust and two guarantors of a $50 million construction loan challenge a deficiency judgment entered by the trial court. The court affirms the judgment against Ponce Trust but reverses and remands the judgment aga
• Mann v. State
  269 So. 3d 640· Fla. 5th DCA· 2019-04-26 ·cited 1×
  The appellate court denied Antwan Mann's request for a belated appeal of a retroactive competency order. The court clarified that such orders are not directly appealable and that a timely petition for writ of certiorari is the proper avenue for review, with no provision for belat
• Jakobie Milton v. State
  268 So. 3d 933· Fla. 1st DCA· 2019-04-22 ·cited 1×
  Jakobie Milton appeals his judgment and sentence for possession of a firearm by a felon and resisting an officer without violence, challenging the trial court's failure to enter a written competency determination before accepting his nolo contendere plea. Although a psychological
• Sutton v. State
  264 So. 3d 261· Fla. 2d DCA· 2019-01-23 ·cited 1×
  Michael C. Sutton appeals his convictions for attempted second-degree murder and firearm possession following his nolo contendere plea. The trial court failed to conduct a competency hearing or enter a written competency order despite appointing mental health experts, one of whom
• Gleason v. State
  259 So. 3d 893· Fla. 4th DCA· 2018-12-12 ·cited 1×
  A trial court's failure to hold a competency hearing and make an independent determination of competency before trial requires reversal and remand for a nunc pro tunc competency hearing.
• B. E. v. State
  253 So. 3d 772· Fla. 1st DCA· 2018-09-25 ·cited 1×
  B.E., a child adjudicated delinquent of battery on a public employee, simple battery, criminal mischief, and burglary, appeals challenging the denial of her motion for judgment of acquittal and the trial court's failure to hold a competency hearing after appointing an expert eval
• Robbie William Johnson v. State
  254 So. 3d 1035· Fla. 4th DCA· 2018-09-20 ·cited 1×
  Robbie William Johnson appeals his conviction on eighty-seven counts of sexual battery, raising five issues. The appellate court affirms four of the issues without discussion but agrees that the trial court fundamentally erred by failing to conduct a competency hearing before tri
• Rogers v. State
  43 Fla. L. Weekly D1408· Fla. 5th DCA· 2018-09-10 ·cited 1×
  A trial court must conduct a competency hearing and enter a written order regarding a defendant's competency before trial when defense counsel requests such a hearing, even if an expert opines the defendant is competent.