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

• Brown v. State
  250 So. 3d 764· Fla. 1st DCA· 2018-06-28 ·cited 1×
  When a trial court orders a competency evaluation and new counsel is unaware of the order and fails to ensure its completion before trial, reversal is required to allow the trial court to determine competency nunc pro tunc or conduct a new trial if competency cannot be establishe
• Augustus Rose v. State
  248 So. 3d 161· Fla. 4th DCA· 2018-06-06 ·cited 1×·via Nunc Pro Tunc Determination
  Once a trial court has reasonable grounds to believe a defendant is incompetent and orders an examination, it must hold a competency hearing and enter a written order on the issue before accepting a plea; failure to do so is fundamental error requiring reversal. A defendant may n
• Pereira v. State
  244 So. 3d 378· Fla. 5th DCA· 2018-04-20 ·cited 1×
  A trial court must enter a written order finding a defendant competent to proceed, even when the competency determination is made by stipulation based on written reports alone.
• Lucas v. State
  238 So. 3d 1290· Fla. 1st DCA· 2018-04-05 ·cited 1×
  A trial court's oral order adjudicating a defendant competent to proceed must be memorialized in a written nunc pro tunc order.
• Thaddeus Chaylon Martin v. State
  238 So. 3d 369· Fla. 3d DCA· 2017-12-13 ·cited 1×·via Nunc Pro Tunc Correction
  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
• English v. State
  229 So. 3d 1274· Fla. 1st DCA· 2017-11-15 ·cited 1×
  Mark English appealed his battery convictions and challenged the trial court's failure to conduct a competency hearing. The court affirmed the double jeopardy challenge but reversed on the competency hearing issue, finding the trial court's failure to hold a mandatory hearing was
• Titus Dickey v. State
  224 So. 3d 862· Fla. 1st DCA· 2017-08-15 ·cited 1×
  The court affirmed the judgment and sentence but remanded for the trial court to enter a written order of competency as required by Florida Rules of Criminal Procedure 3.212(b).
• Peters v. State
  198 So. 3d 992· Fla. 4th DCA· 2016-08-10 ·cited 1×
  In a resentencing following a prior appeal that found Graham v. Florida principles required reducing concurrent 99-year sentences to 40 years, the trial court imposed a combination of concurrent and consecutive sentences that failed to account for all prison time and gain time ac
• Berrien v. State
  189 So. 3d 285· Fla. 1st DCA· 2016-04-12 ·cited 1×
  A successor judge cannot reinstate a dissolved domestic violence injunction or pursue contempt charges for non-compliance after the injunction has been dissolved by a predecessor judge.
• Anton v. State
  92 So. 3d 876· Fla. 4th DCA· 2012-07-05 ·cited 1×
  The trial court lacked jurisdiction to enter income deduction orders and civil restitution liens after the defendant's probation expired, as the relevant statutory amendments applied only to offenses committed on or after October 1, 1993.
• Davis v. State
  93 So. 3d 409· Fla. 2d DCA· 2012-06-29 ·cited 1×
  Court affirmed Davis's convictions for burglary with battery and robbery while armed, but held the trial court lacked jurisdiction to enter a nunc pro tunc competency order after notice of appeal was filed, requiring the court to re-enter the order on remand.
• Perez v. State
  20 So. 3d 950· Fla. 3d DCA· 2009-10-07 ·cited 1×·via Nunc Pro Tunc Correction
  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
• Seme v. State
  979 So. 2d 1034· Fla. 3d DCA· 2008-03-12 ·cited 1×
  Joseph Seme appealed the denial of his post-conviction motion for ineffective assistance of counsel. Although the trial court's order was summarily affirmed in 2005 without the evidentiary hearing transcript, Seme was permitted to file a belated appeal with the complete record, a
• Harris v. State
  789 So. 2d 1114· Fla. 1st DCA· 2001-06-21 ·cited 1×
  A petition for habeas corpus challenging the reinstatement of a previously negotiated sentence states no facially sufficient claim for relief under Florida Rule of Criminal Procedure 3.850 or 3.800(a), because the reinstatement of an original negotiated sentence constitutes a pur
• Kaufman v. Herrman
  748 So. 2d 310· Fla. 4th DCA· 1999-10-27 ·cited 1×·via Nunc Pro Tunc Judgment
  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.
• Occidental Fire & Cas. Co. v. Great Plains Cap. Corp.
  912 F. Supp. 515· S.D. Fla.· 1995-12-14 ·cited 1×
  The court held that a nunc pro tunc order from another district court cannot retroactively validate a premature registration of judgment that failed to comply with statutory requirements.
• Cont'l Cas. Co. v. Gen. Dev. Corp. (In Re Gen. Dev. Corp.)
  165 B.R. 685· S.D. Fla.· 1994-03-15 ·cited 1×
  The court held that any initial due process violations suffered by CCC were cured by subsequent hearings, that the bankruptcy court did not abuse its discretion in granting nunc pro tunc relief, and that the court had jurisdiction to issue the orders.
• In re Briscoe Enters., Ltd., II v. Briscoe Enters., Ltd., II
  994 F.2d 1160· 5th Cir.· 1993-07-13 ·cited 1×
  The court held that the debtor's reorganization plan met the requirements for confirmation under Chapter 11, including the 'cramdown' provisions, and that the bankruptcy court's findings were not clearly erroneous.
• Bohdan Maksymchuk v. Frank
  987 F.2d 1072· 4th Cir.· 1993-02-26 ·cited 1×
• Drumwright v. State
  572 So. 2d 1029· Fla. 5th DCA· 1991-01-17 ·cited 1×·via Nunc Pro Tunc Correction
  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
• In re Auto-Train Corp., Inc. v. Midland-Ross Corp.
  810 F.2d 270· D.C. Cir.· 1987-01-30 ·cited 1×
  The court held that the nunc pro tunc consolidation order was improper because it prejudiced a creditor who relied on the separate credit of the debtor entity, and the notice provided was inadequate to inform the creditor of the retroactive effect.
• Murray W. Miller v. Transamerican Press, Inc.
  709 F.2d 524· 9th Cir.· 1983-06-24 ·cited 1×
  The court held that the speech or debate privilege protects questions about a former Congressman's sources of information, but not questions about republication of material outside Congress. The court also affirmed the denial of sanctions.
• Peters v. Peters
  243 So. 2d 424· Fla. 2d DCA· 1971-01-20 ·cited 1×
  The court held that a nunc pro tunc order correcting a divorce judgment to specify an attorney's fee amount was proper, as the omission was due to inadvertence and the amount was readily ascertainable.
• State v. Sholtz
  119 Fla. 103· Fla.· 1935-04-19 ·cited 1×·via Nunc Pro Tunc Correction
  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.
• United States ex rel. Campbell v. Bishop
  S.D. Fla.· 1930-03-04 ·cited 1×
  Willard Campbell sought habeas corpus relief claiming his conviction was invalid because the court record failed to explicitly state that he was adjudged guilty upon his plea of guilty before sentencing. The District Court held that where the record clearly shows a guilty plea, q
• Moises Rios, Jr. v. Hawkins
  Fla. 5th DCA· 2026-08-28
  A trial court violates due process by dismissing an action without notice or opportunity to be heard when the hearing is scheduled on a show cause order and contains no pending motion to dismiss or indication that dismissal will be considered.
• Clark v. State
  Fla. 1st DCA· 2026-07-08
  When the record contains reasonable grounds to question a defendant's competency, the trial court must hold a competency hearing and enter a written competency determination before proceeding to trial, even if the defendant does not object.
• Roberts v. State
  Fla.· 2026-06-25
  The trial court did not abuse its discretion in admitting collateral crime evidence of Roberts' prior threats and acts of violence against the victim to complete the narrative of their relationship and establish his state of mind. The trial court properly rejected the statutory m
• Dantzler v. State
  Fla. 1st DCA· 2026-03-11
  Angela Riggins Dantzler appeals her first-degree murder conviction, arguing the trial court erred by failing to make an independent determination of her competency to proceed before adopting the mental health expert's report by stipulation. The appellate court affirms, holding th
• Castro v. State
  Fla. 4th DCA· 2026-02-11
  Robert Castro was convicted of first-degree murder after a trial court relied on a competency evaluation from November 2022 to find him competent to stand trial in October 2024, nearly two years later. The appellate court reversed and remanded because the court failed to conduct
• Smith v. State
  Fla. 2d DCA· 2026-02-06
  A trial court's oral finding of competency to proceed must be memorialized in a written order, which may be entered nunc pro tunc to the date of the oral finding.
• Jakari Webb v. State
  Fla. 5th DCA· 2026-02-06 ·via Nunc Pro Tunc Determination
  A trial court commits fundamental error when it fails to make an independent determination of a defendant's competence to proceed after appointing an expert to evaluate competence, where the record reflects reasonable grounds to believe the defendant might not be competent.
• Bullard v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2026-01-12
  The Court held that the petitioner's claims for ineffective assistance of counsel and double jeopardy were successive and dismissed for lack of jurisdiction, and the due process claim based on destroyed evidence was untimely.
• Griffin v. United States
  M.D. Fla.· 2025-12-01 ·via Nunc Pro Tunc Judgment
  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.
• Grantley v. Dixon
  S.D. Fla.· 2025-11-10 ·via Nunc Pro Tunc Correction
  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.
• Lewis v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-10-14
  The Estate of deceased attorney Martin Cohen sought approval of $27,286.50 in attorney's fees under 42 U.S.C. §406(b), representing 25% of past-due Social Security benefits awarded to the plaintiff after the court reversed and remanded his case. The court granted the motion, find
• Johnson v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2025-10-07 ·via Nunc Pro Tunc Judgment
  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.
• Abel Navarro v. State
  Fla. 5th DCA· 2025-08-01
  A trial court commits reversible error when it finds reasonable grounds to believe a defendant is incompetent to proceed and orders a competency evaluation but fails to make an independent determination of competency before trial. Additionally, sentencing a defendant without a sc
• Griffin v. United States
  M.D. Fla.· 2025-07-21
  The court deferred ruling on the § 2255 motion pending further briefing on whether the amended judgment constitutes a new judgment for purposes of a second or successive petition.
• Polisi v. DeSantis
  M.D. Fla.· 2025-07-15
  The court denied the plaintiff's various motions, including requests for preservation orders, extended service deadlines, early discovery, disqualification of a state judge, and leave to amend the complaint.
• Asbury Lee Perkins, II v. State
  Fla. 4th DCA· 2025-07-09
  A trial court may conduct a nunc pro tunc competency evaluation to determine whether a defendant was competent during trial and sentencing, and such an evaluation, when properly conducted with detailed factual findings, supports affirmance of convictions.
• Rajesh C. Patel v. Rishi M. Patel
  142 F.4th 1313· 11th Cir.· 2025-07-08
  A bankruptcy court has the statutory authority under 11 U.S.C. § 362(d)(1) to annul the automatic stay for cause, and this power is not abrogated by the Supreme Court's decision in Roman Catholic Archdiocese of San Juan v. Acevedo Feliciano, which addressed removal jurisdiction a
• Smith v. Sec'y, Fla. Dep't of Corr. (Duval County)
  M.D. Fla.· 2025-06-27 ·via Nunc Pro Tunc Judgment
  The court held that the petitioner is entitled to equitable tolling, making his federal habeas petition timely filed.
• Burns v. Sec'y, Dep't of Corr. (Duval County)
  M.D. Fla.· 2025-06-17
  The court held that the petitioner's habeas corpus petition was untimely filed and denied his request for equitable tolling, as the circumstances did not constitute extraordinary reasons for delay.
• Huey v. Sec'y, Dep't of Corrections(Polk County)
  M.D. Fla.· 2025-04-23
  The court held that the applicant's habeas corpus petition was time-barred and not subject to equitable tolling or the actual innocence exception.
• Viverette v. Sec'y, Dep't of Corr. (Hillsborough County)
  M.D. Fla.· 2025-03-31
  The court held that claims raised in a prior habeas petition are barred as successive without appellate authorization, and claims not exhausted in state court are procedurally defaulted.
• Bradshaw v. Zagorac
  M.D. Fla.· 2025-03-28
  The court granted the defendant's unopposed motions for compulsory medical examinations nunc pro tunc, finding the plaintiffs' physical conditions were in controversy and good cause existed.
• Funk v. Sec'y, Dep't of Corr. (Hillsborough)
  M.D. Fla.· 2025-03-07 ·via Nunc Pro Tunc Judgment
  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.
• J.R. v. Dep't of Child. & Families
  Fla. 3d DCA· 2025-03-05
  Father appealed the trial court's order adjudicating his two young, non-verbal children as dependent following the death of their infant sibling from unsafe sleeping arrangements involving parental neglect and alcohol use. The Florida appellate court affirmed the dependency adjud
• S.B. v. Dep't of Child. & Families
  Fla. 3d DCA· 2025-03-05
  S.B., the mother, appealed the trial court's order adjudicating her two young children as dependent following the death of their infant sibling from neglect involving unsafe sleeping arrangements and parental alcohol use. The Third District Court of Appeal affirmed the dependency