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

• Madonna Whittaker v. PNC Bank
  266 So. 3d 1249· Fla. 5th DCA· 2019-03-15
  A foreclosure judgment must be reversed and amended to exclude defendants who were not personally served with process, as the trial court lacked personal jurisdiction over them.
• Q.A. v. State
  Fla. 5th DCA· 2019-03-01
  A juvenile was adjudicated delinquent and placed on probation. On appeal, the court found three procedural and substantive errors: the trial court failed to enter a written competency order, failed to specify the violated probation conditions in writing, and imposed sexual offend
• MacHin v. State
  266 So. 3d 197· Fla. 4th DCA· 2019-01-09
  James Machin appealed his convictions arguing the trial court erred by failing to hold a competency hearing or issue a written order finding him competent to proceed, despite appointing a competency expert. The Florida District Court of Appeal, Fourth District, agreed and vacated
• Boren v. State
  262 So. 3d 243· Fla. 1st DCA· 2018-12-27
  When a trial court has reasonable grounds to question a defendant's competency, it must conduct a competency hearing and enter a written order determining competency; failure to do so requires reversal and remand for retroactive determination or new trial.
• Mergenthaler
  Del. Super. Ct.· 2018-11-26
  The Court held that the judgment creditor was required to renew the judgment after five years under 10 Del. C. § 5072, as the renewal period is a substantive right. However, the Court granted the creditor's motion to renew the judgment nunc pro tunc, finding that the creditor's f
• Oats v. State
  253 So. 3d 1265· Fla. 1st DCA· 2018-10-03
  When reasonable grounds are found that a defendant is incompetent but no competency hearing occurs, reversal and remand is required for a nunc pro tunc competency evaluation or, if impossible, a new trial.
• Rosier v. State
  Fla. 1st DCA· 2018-09-05
  A trial court's determination that a previously incompetent defendant has regained competency cannot be based solely on a stipulation between counsel and must include an independent judicial determination supported by expert evidence reviewed and discussed on the record. Where a
• Tayon L. Alexander v. State
  Fla. 5th DCA· 2018-09-03
  A trial court commits fundamental error by failing to conduct a competency hearing and make a competency determination after appointing an expert, and the conviction must be reversed and remanded for a nunc pro tunc competency evaluation if sufficient expert and lay witnesses are
• Mann v. State
  Fla. 5th DCA· 2018-08-27
  A trial court commits reversible error by proceeding with criminal trial without holding a competency hearing when presented with reasonable grounds to question the defendant's competency to stand trial.
• State v. Rogers
  253 So. 3d 1202· Fla. 2d DCA· 2018-08-17
  A trial court must impose a sentence for each offense, and where a defendant has not been sentenced for two counts of attempted sexual battery on a child, the trial court erred in refusing to sentence those counts based on a finding of prior sentencing that was not supported by t
• Dixon v. State
  250 So. 3d 872· Fla. 1st DCA· 2018-08-16
  A trial court's failure to conduct a proper competency determination requires reversal and remand for a nunc pro tunc competency evaluation, or if that cannot be done, a new trial.
• Colston v. State
  253 So. 3d 1152· Fla. 4th DCA· 2018-08-15
  A defendant's challenge to consecutive sentences imposed in separate circuit court proceedings is not ripe for appellate review when the sentencing in one jurisdiction remains pending before the trial court.
• Jones v. State
  254 So. 3d 919· Fla. 1st DCA· 2018-08-07
  The trial court's competency determination was affirmed despite the dissent's argument that the court improperly relied on a stipulation without independently evaluating whether Jones had regained competency.
• Johnson v. State
  248 So. 3d 297· Fla. 1st DCA· 2018-07-25
  A trial court's proper competency determination need not be accompanied by a contemporaneous written order if the determination is adequately reflected in the record, but an appellate court may remand for entry of a nunc pro tunc written order for clarity.
• Robinson v. State
  250 So. 3d 777· Fla. 1st DCA· 2018-06-28
  A trial court must enter a written order memorializing a competency finding and must conduct a hearing and make an independent determination of competency when reasonable grounds exist to question a defendant's mental health, even if the defendant fails to preserve the issue.
• Antoine L. Bynum v. State
  Fla. 5th DCA· 2018-05-07
  A trial court must make an independent determination of a defendant's competency to proceed and cannot rely solely on stipulation of the parties, even with expert agreement; failure to do so constitutes fundamental error requiring reversal and remand for a nunc pro tunc competenc
• Thomas v. State
  Fla. 5th DCA· 2018-04-23
  When the State confesses error regarding the absence of a written competency order, the appellate court remands to the trial court to enter a nunc pro tunc written order of competency.
• Wilfredo Pereira v. State
  Fla. 5th DCA· 2018-04-16
  A trial court must enter a written competency order when it finds a defendant competent to proceed, even when competency is decided by stipulation based on written reports alone.
• Lucas v. State
  238 So. 3d 1290· Fla. 1st DCA· 2018-04-05
  When a trial court finds a defendant competent to proceed, it must enter a nunc pro tunc written order reflecting its competency determination, even if the court previously announced the decision orally.
• Vernson Edward Dortch v. State
  Fla. 4th DCA· 2018-04-04
  When a trial court has reasonable grounds to believe a defendant is incompetent and orders a competency examination, the court must hold a competency hearing and enter a written order on the issue before accepting a plea, and failure to do so constitutes fundamental error requiri
• D.Y. v. State
  241 So. 3d 962· Fla. 3d DCA· 2018-03-28
  A trial court errs when it makes an oral finding that a defendant is competent to proceed but fails to enter a written order reflecting that finding, and the proper remedy is remand for entry of a nunc pro tunc written order.
• Wriden v. State
  Fla. 5th DCA· 2018-03-05
  Convictions and sentences are affirmed, but the trial court must enter a written competency order nunc pro tunc to August 27, 2015, when competency was orally found on the record.
• Panaro v. State
  Fla. 4th DCA· 2018-02-21
  A trial court has a non-delegable duty to make an independent determination of a defendant's competency to proceed and must enter a written order reflecting that determination; a defendant cannot stipulate to the ultimate issue of competency, and the trial court cannot rely solel
• Panaro v. State
  238 So. 3d 305· Fla. 4th DCA· 2018-02-21
  The Fourth District Court of Appeals conditionally affirmed appellant's convictions for dealing in stolen property and giving false information to a pawnbroker, but reversed and remanded due to a defect in the trial court's competency determination. The trial court failed to make
• Walker v. State
  237 So. 3d 1162· Fla. 1st DCA· 2018-02-08
  A trial court abuses its discretion by proceeding to trial without holding a competency hearing when reasonable grounds to question the defendant's competency exist, even if the defendant's own counsel arranges a private evaluation deeming the defendant competent. The trial court
• Mathis v. State
  234 So. 3d 861· Fla. 5th DCA· 2018-01-19
  A defendant who prevails on appeal and is subsequently discharged by a nolle prosequi is entitled to appellate costs under section 939.06, Florida Statutes, and rule 9.400(a), Florida Rules of Appellate Procedure.
• Coastwide Servs., LLC v. Goldberg
  229 So. 3d 404· Fla. 3d DCA· 2017-08-02
  The appellate court reviewed orders denying a mortgagor's statutory right of redemption after a foreclosure sale, affirming in part and reversing in part based on the redemption statute and procedural events.
• Frye v. State
  219 So. 3d 1011· Fla. 2d DCA· 2017-06-09
  Joseph Frye was initially found incompetent to stand trial but was then tried without a formal competency restoration determination. On appeal, the court reversed his convictions because the trial court's nunc pro tunc (after-the-fact) competency hearing was not supported by comp
• Williams v. State
  225 So. 3d 872· Fla. 1st DCA· 2017-05-25
  The court held that proceeding against an incompetent defendant violates due process and requires reversal if the trial court fails to determine competency after reasonable grounds to question it arise.
• T.M. v. State
  214 So. 3d 786· Fla. 5th DCA· 2017-03-31
  The court affirmed the adjudication of delinquency for felony cruelty to animals but remanded for the trial court to enter a written competency order nunc pro tunc, as required by Florida Rule of Criminal Procedure 3.212(c)(7).
• Blake v. Batmasian
  269 F.R.D. 176· S.D. Fla.· 2017-02-27
  The Court granted in part and denied in part Defendants' motion to strike, granted Defendants' motion to strike Plaintiffs' supplemental filing, and denied Plaintiffs' motion for leave to file a supplement.
• Moore v. State
  204 So. 3d 604· Fla. 1st DCA· 2016-12-05
  Xavier Moore appealed his conviction for third-degree murder and firearm possession after the trial court denied his motion for mistrial and request for a competency hearing following his unexplained testimony during cross-examination. The appellate court reversed, holding that t
• Philippe v. Michael Weiner, M.D.
  207 So. 3d 308· Fla. 3d DCA· 2016-11-16 ·via Nunc Pro Tunc Judgment
  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 ·via Nunc Pro Tunc Judgment
  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
• United Auto. Ins. Co. v. Rupert Ramgadoo
  9th Cir. Ct. App. Div.· 2014-05-04
  United Automobile Insurance Company appeals a trial court's award of attorney's fees and costs to Rupert Ramgadoo in a personal injury protection (PIP) benefits dispute. The appellate court affirmed, finding that United Auto's conditional payment of mileage reimbursement benefits
• Johnson v. State
  120 So. 3d 156· Fla. 4th DCA· 2013-08-21
  Appellant's rule 3.800(a) motion for additional jail credit was properly denied because the trial court imposed the resentence nunc pro tunc to the original sentencing date, making post-sentencing credit calculations the responsibility of the Department of Corrections rather than
• Lewis v. Rutherford
  117 So. 3d 30· Fla. 1st DCA· 2013-06-05
  Walter Lewis appealed the denial of his motion to recover $99,770 in currency seized during a 2007 traffic stop. The trial court had dismissed the forfeiture proceeding without prejudice, and when Lewis sought return of the money four years later, the court denied his motion as t
• Taylor v. Taylor
  114 So. 3d 283· Fla. 4th DCA· 2013-04-24
  The award of the marital home as lump sum alimony was an abuse of discretion because the wife's remarriage terminated her entitlement to permanent alimony, negating the special necessity required for such an award.
• Yasser Anaya v. State
  70 So. 3d 703· Fla. 4th DCA· 2011-09-21
  Yasser Anaya appealed an order denying post-conviction relief claims and a sentence that included a Prison Releasee Reoffender (PRR) enhancement added years after his original sentencing. The court reversed the PRR enhancement as violating double jeopardy protections but affirmed
• Sciandra v. State
  52 So. 3d 851· Fla. 2d DCA· 2011-02-11
• Wells v. State
  966 So. 2d 459· Fla. 4th DCA· 2007-10-03 ·via Nunc Pro Tunc Correction
  Thomas Perry Wells, Jr. appeals the denial of his rule 3.850 motion for postconviction relief, claiming his written sentence does not conform to the trial court's oral pronouncement. The court affirms, finding his sentence was already corrected nunc pro tunc in 1997 and directing
• Perez v. State
  956 So. 2d 1221· Fla. 4th DCA· 2007-05-23 ·via Nunc Pro Tunc Judgment
  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.
• Weinstein v. State
  935 So. 2d 565· Fla. 4th DCA· 2006-07-12
  Weinstein sought to correct an illegal sentence imposed during his probation revocation by arguing he should have received retroactive provisional gain time credits that would have caused his probation to expire before the violation warrant was filed, thus divesting the trial cou
• Stanley v. Greystone Med. Grp., Inc.
  952 So. 2d 525· Fla. 2d DCA· 2006-07-07
  A judgment entered without notice to a party is void only if a judgment was actually entered against that party; a judgment entered without notice to a party against whom no judgment was entered is not void on that basis.
• Delisa v. State
  910 So. 2d 418· Fla. 4th DCA· 2005-09-21
  The trial court abused its discretion by failing to hold a competency hearing and declare the defendant competent before proceeding with the violation of probation hearing.
• Allen v. State
  910 So. 2d 386· Fla. 5th DCA· 2005-09-16
  The court clarified that the petitioner's allegation of sentencing on January 20, 2004, was facially sufficient, despite the order being nunc pro tunc to that date.
• Parker v. Carey Reeves
  909 So. 2d 598· Fla. 5th DCA· 2005-09-02
• Dep't of Hwy. Safety & Motor Vehicles v. Brandenburg
  891 So. 2d 1071· Fla. 5th DCA· 2004-12-03
  The court held that the statutory scheme mandates separate license suspension/revocation periods upon arrest and conviction, and the county court erred in ordering the revocation period to run nunc pro tunc to a date prior to conviction.
• Santiago v. Diversified Waterproofing & Coating & Claims Ctr.
  876 So. 2d 699· Fla. 1st DCA· 2004-06-29
• J.A.-W. v. State
  873 So. 2d 523· Fla. 4th DCA· 2004-05-19
  A 14-year-old on juvenile probation for misdemeanor battery pled no contest to violating probation and was sentenced to a level six program. The sentencing order's language permitting commitment until the child's 19th birthday violated Florida law requiring that juvenile commitme