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

• State v. Cantrell
  872 So. 2d 949· Fla. 5th DCA· 2004-04-08
  The court held that the trial court erred in imposing a downward departure sentence without sufficient written or orally pronounced findings of fact to support the departure reasons.
• State v. D.L.
  841 So. 2d 663· Fla. 4th DCA· 2003-04-09
  The Florida Fourth District Court of Appeal reversed a trial court's dismissal of delinquency charges against a juvenile, holding that the State retained access to the ten-day recapture period under Florida Rule of Juvenile Procedure 8.090(m)(3) despite missing the ninety-day spe
• Rollie Gilliam v. State
  801 So. 2d 996· Fla. 4th DCA· 2001-12-19
  The court held that the second order finding violations of probation was legal error as it impermissibly amended the first order, violating double jeopardy and due process. The court affirmed only two of the original violations.
• J.P. v. State
  790 So. 2d 1265· Fla. 1st DCA· 2001-08-10
  The court held that a nunc pro tunc order cannot add a condition (aftercare) that was not originally pronounced or included in the written disposition order, as this exceeds the scope of correcting clerical errors.
• Edwards v. State
  792 So. 2d 495· Fla. 4th DCA· 2001-02-21
• Diez v. Denson
  719 So. 2d 1206· Fla. 2d DCA· 1998-08-21
  The appellate court reversed the trial court's ruling, finding that the insured's suicide occurred within the two-year suicide period as defined by the date of issue on the permanent life insurance policy.
• D.L.G. v. State
  701 So. 2d 379· Fla. 1st DCA· 1997-11-05
  D.L.G., a juvenile, appealed his delinquency adjudication on three counts. The appellate court found significant discrepancies between the trial court's oral pronouncements and written order regarding which specific charges resulted in delinquency findings and their corresponding
• Fuller v. State
  672 So. 2d 55· Fla. 3d DCA· 1996-03-27 ·via Nunc Pro Tunc Correction
• United States v. Loriano
  996 F.2d 424· D.C. Cir.· 1993-07-13
• Waggoner v. Hastings
  816 F. Supp. 716· S.D. Fla.· 1993-03-23
  The court held that the Constitution's Impeachment Clause does not mandate disqualification from future office upon conviction, and the Senate has discretion in imposing such a penalty.
• Buckmaster v. United States
  984 F.2d 379· 10th Cir.· 1993-01-21
  Distributions of estate income made without prior probate court approval but subsequently ratified by the court are considered 'properly paid' for purposes of I.R.C. § 661(a)(2).
• Golnay Barge Co. v. M/T Shinoussa
  980 F.2d 349· 5th Cir.· 1993-01-06
  The court held that the district court abused its discretion by denying motions for leave to file late claims without applying the established equitable criteria.
• United States v. Rosnow
  981 F.2d 970· 8th Cir.· 1992-12-08
  The court held that representation by counsel suspended from practice, but who was admitted to the bar, does not automatically constitute a denial of effective assistance of counsel.
• United States v. Mitan
  966 F.2d 1165· 7th Cir.· 1992-07-09
  The court affirmed the conviction, finding that the trial judge's management of the case and rulings were proper and did not deny the defendant due process.
• Armstrong v. Norwest Bank
  964 F.2d 797· 8th Cir.· 1992-05-19
  The court held that the Trustee is bound by the debtor's prior stipulations and that res judicata bars relitigation of issues already decided or that could have been decided.
• Dep't of Health & Rehabilitative Servs. v. Cole
  574 So. 2d 160· Fla. 5th DCA· 1990-12-13
  HRS appealed an order requiring it to pay attorney's fees for Ronald Cole's representation of the Guardian Ad Litem Program in a child dependency case. The court reversed, holding that HRS has no obligation to pay the fees of counsel for the Guardian Ad Litem Program because HRS
• United States v. Martin
  913 F.2d 1172· 6th Cir.· 1990-09-18
  The dissenting judge holds that the district court's sentence was a permissible conditional sentence, consistent with sentencing practices, and not a violation of Rule 35.
• United States v. Chapman
  902 F.2d 1331· 8th Cir.· 1990-05-08
  The court affirmed the convictions but remanded for a determination of whether the defendant was entitled to a mental condition hearing prior to sentencing.
• In re United States v. Jumper
  900 F.2d 800· 5th Cir.· 1990-04-26
  The district court lacked jurisdiction to reduce sentences after the time limit prescribed by Fed.R.Crim.P. 35 had expired, and therefore, the writ of mandamus must be granted.
• LA Star Cellular Tel. Co. v. Fed. Commc'ns Comm'n
  899 F.2d 1233· D.C. Cir.· 1990-03-30
  The court affirmed the FCC's decision to grant NOCGSA sole interim operating authority, finding it balanced public interest and potential prejudice to La Star.
• In re Sweet Transfer & Storage, Inc. v. Kuntz
  896 F.2d 1189· 9th Cir.· 1990-02-21
  The court held that notices of appeal filed before the entry of the order denying reconsideration and judgment, or more than ten days after such entry, were untimely and ineffective, divesting the court of jurisdiction.
• In re Michael C. Soult, D.M.D. v. William C. Maddox, D.D.S.
  894 F.2d 815· 6th Cir.· 1990-01-23
  A bankruptcy court did not err in reopening a no-asset Chapter 7 case to list an omitted creditor after the bar date, provided the omission was inadvertent and the creditor suffered no prejudice.
• THE Florida BAR v. Kaufman
  531 So. 2d 152· Fla.· 1988-09-15
  The Court approved the referee's report and imposed a one-year suspension, retroactive to April 23, 1987, followed by two years of probation, for an attorney who pled guilty to drug possession charges.
• In re Roberts
  846 F.2d 1360· Fed. Cir.· 1988-05-11 ·via Nunc Pro Tunc Judgment
  The court held that it lacked jurisdiction to consider the mandamus petition because there was no existing or prospective patent case over which it had jurisdiction.
• THE Florida BAR v. James
  519 So. 2d 614· Fla.· 1988-01-28
  The court held that the referee's report recommending disbarment based on a felony conviction and guilty plea should be approved.
• THE Florida BAR v. Margadonna
  511 So. 2d 985· Fla.· 1987-09-03
  The Court adopted the referee's findings and recommendations, disbarring the respondent attorney.
• THE Florida BAR v. Anderson
  497 So. 2d 648· Fla.· 1986-11-20
  The Florida Supreme Court suspended attorney James M. Anderson from practice for one year for violations of professional conduct rules, including dishonesty and misappropriation, requiring restitution and counseling.
• THE Florida BAR v. Wooten
  487 So. 2d 1070· Fla.· 1986-05-08
  The Court adopts the referee's report and disbars the respondent attorney.
• J.L. Lavender and Mary Lavender v. Wood LAW Firm
  785 F.2d 245-247· 8th Cir.· 1986-03-03
  Attorneys representing debtors-in-possession must provide notice to creditors and obtain court approval for fees; failure to do so warrants denial of compensation and reimbursement of funds received.
• THE Florida BAR v. Denker
  479 So. 2d 738· Fla.· 1985-12-05
  The court adopts the referee's report and suspends the attorney for one year with conditions for reinstatement.
• United States v. Carson
  762 F.2d 831-833· 10th Cir.· 1985-05-13
  The court held that the defendant's voluntary consent to a second search purged any taint from a prior potentially illegal search, and that the magistrate erred in not considering the legality of the search.
• Clay Edward Barnett v. Carlson
  744 F.2d 1485· 11th Cir.· 1984-10-26
  The court held that the Bureau of Prisons could not retroactively reinstate vacated sentences or depart from its policy statement regarding resentencing after vacated sentences.
• Edler v. Commissioner OF Internal Revenue
  727 F.2d 857· 9th Cir.· 1984-03-06
  The court affirmed the Tax Court's decision, holding that the redemption of stock by the corporation was not a constructive dividend to the husband.
• August J.C. Egle v. Egle
  715 F.2d 999· 5th Cir.· 1983-09-30
  The court held that it has jurisdiction to review the modification order of the defunct Canal Zone District Court and affirmed in part and vacated in part the modification order.
• Norton Kent Euart v. Fernsell
  436 So. 2d 422· Fla. 4th DCA· 1983-08-24
  The Florida District Court of Appeal, Fourth District, granted a petition for writ of certiorari to quash an order denying a motion for protective order because the judge who signed the order was not the judge who conducted the hearing on the motion. The court disapproved this pr
• Schulner v. Jack Eckerd Corp.
  572 F. Supp. 56· S.D. Fla.· 1983-08-09
  The court held that the defendants failed to prove the plaintiff did not mitigate damages and that their offered position was not comparable to the one from which he was terminated, and reduced liquidated damages due to some evidence of good faith.
• Strapp v. State
  435 So. 2d 924· Fla. 1st DCA· 1983-07-29
  Strapp appeals his felony conviction contending the trial court violated his speedy trial rights by improperly granting a state continuance. The First District Court of Appeal affirms, holding that a defendant cannot build error by waiving a hearing on a continuance motion and la
• Bruce v. W.J. Estelle, Jr.
  707 F.2d 155· 5th Cir.· 1983-06-13
  The federal district court's handling or mishandling of a habeas corpus petition cannot serve as a basis for setting aside an otherwise valid state court conviction.
• Horton v. State
  431 So. 2d 731· Fla. 3d DCA· 1983-05-24
• Wells v. State
  417 So. 2d 772· Fla. 3d DCA· 1982-08-03 ·via Nunc Pro Tunc Determination
  David Wells appealed his convictions for six counts of robbery and related firearm charges, arguing that his trial should have been preceded by a formal judicial determination that he had regained his sanity following prior adjudications of insanity. The Florida appellate court a
• Pompano Atlantis Condo. Ass'n, Inc. v. Merlino
  415 So. 2d 153· Fla. 4th DCA· 1982-06-23
  The trial court granted a remittitur or new trial, but thirteen days later the plaintiff moved for clarification and the court substituted a new order narrowing the scope of the new trial to damages only. The appellate court reversed, holding that the substituted order improperly
• Jaris v. Tucker
  414 So. 2d 1164· Fla. 3d DCA· 1982-06-08 ·via Nunc Pro Tunc Judgment
  The Florida Third District Court of Appeal held that a court cannot enter a nunc pro tunc judgment of dissolution after the death of one spouse, even if the court orally pronounced the judgment before the death occurred. The court reversed a panel decision that had reached the op
• Restrepo v. The Honorable James Henderson
  408 So. 2d 826· Fla. 3d DCA· 1982-01-19
• Carmelina Messina v. Scionti
  406 So. 2d 529· Fla. 2d DCA· 1981-11-04
  A probate dispute where a co-representative filed a personal claim against an estate without properly notifying the other co-representative or the estate's attorney, and objections to the claim were filed late. The court held that the statutory tolling rule requiring appointment
• State v. Rogers
  402 So. 2d 50· Fla. 3d DCA· 1981-08-11
  The court held that the speedy trial rule was properly tolled due to exigent circumstances, and the trial court erred in discharging the defendant.
• Jennings v. Jennings
  392 So. 2d 352· Fla. 4th DCA· 1981-01-14
  In this alimony modification dispute, the court affirmed the trial court's denial of the husband's motion to reduce alimony to $1 per year, holding that he failed to present proof supporting his requested modification despite amending his pleadings.
• Peterson v. State
  386 So. 2d 576· Fla. 4th DCA· 1980-07-09 ·via Nunc Pro Tunc Determination
  The court remanded for an evidentiary hearing on the appellant's mental competency to stand trial on probation violation charges, as the trial court had reasonable grounds to question her competency but failed to hold such a hearing.
• Talianoff v. Ashanti Enters., Inc.
  382 So. 2d 856· Fla. 3d DCA· 1980-04-22
  This case involves a motion to validate service of process nunc pro tunc in a foreclosure action. The appellate court reversed the trial court's denial of the motion, finding that service on John Hitchmon, who effectively controlled the corporation, was sufficient.
• In re Sw. Rest. Sys., Inc. v. Grace
  607 F.2d 1248· 9th Cir.· 1979-09-05
  The court held that the bankruptcy court's order, not the reorganization plan, controlled the ownership of claims, and the order assigned the malpractice claims to Southwest.
• Williams v. State
  365 So. 2d 201· Fla. 1st DCA· 1978-12-12
  Eddie Jerome Williams appealed the revocation of his probation, challenging the trial court's jurisdiction to revoke and its failure to find he had the ability to pay monetary conditions before revoking on that ground. The appellate court affirmed the sentence modification but re