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

• Hyte Dev. Corp. v. Gen. Elec. Credit Corp.
  356 So. 2d 1254· Fla. 3d DCA· 1978-02-21 ·via Nunc Pro Tunc Correction
  Hyte Development Corp. appealed from a trial court order denying its motion to vacate a foreclosure sale and an order correcting a scrivener's error in the property description. The appellate court held that while the trial court properly corrected the scrivener's error nunc pro
• United States v. Nichelson
  562 F.2d 530· 8th Cir.· 1977-09-12 ·via Nunc Pro Tunc Determination
  The court held that the district court did not err in finding the defendant mentally competent to stand trial and that his conviction must stand.
• British Airways Bd. v. Civil Aeronautics Bd.
  563 F.2d 3· 2d Cir.· 1977-08-22
  The court held that the Civil Aeronautics Board (CAB) orders were improperly issued because they ignored a presidential directive concerning foreign policy matters, and thus the orders must be set aside.
• THE Fla. BAR. In re Herbert N. Casebier
  328 So. 2d 432· Fla.· 1976-03-10
• Villanueva v. Ossie Lockhart Daniel
  512 F.2d 308· 3d Cir.· 1975-03-13
  The court held that the municipal court erred in failing to grant the original motion for confirmation and that the debtor's contract with the purchaser did not create an intervening equity preventing nunc pro tunc confirmation.
• Baggett v. Baggett
  309 So. 2d 223· Fla. 2d DCA· 1975-03-12
  The court held that a trial court retains jurisdiction to enter a nunc pro tunc order for conveyance of real property as lump-sum alimony, even if the payor dies after the oral pronouncement but before the written order, provided a full hearing occurred prior to death.
• Bowman v. United States
  483 F.2d 433· 5th Cir.· 1973-08-20
  The court held that the defendant was denied his right to a direct appeal due to circumstances beyond his control and that the district court erred in denying his motion to vacate.
• Laster v. The Honorable Gunter Stephenson
  268 So. 2d 387· Fla. 2d DCA· 1972-11-08
  Eddie Laster was tried for first-degree murder in Circuit Court on July 17, 1972, and convicted of manslaughter. Two days after the Florida Supreme Court's Donaldson v. Sack decision shifted jurisdiction over capital offenses to criminal courts of record, the trial judge transfer
• Sloup v. Hershey
  457 F.2d 148· 7th Cir.· 1971-11-22
  The court held that the plaintiff's failure to reinstate his case within the judicially imposed 90-day deadline terminated his right to reinstatement, and the subsequent dismissal for want of prosecution was proper.
• United States v. Deans
  436 F.2d 596· 3d Cir.· 1971-01-06
  The court held that it had jurisdiction to hear the appeal despite the untimeliness because the defendant was not properly advised of his right to appeal at sentencing, and that the defendant's failure to exhaust administrative remedies barred his challenge to the validity of his
• United States ex rel. Frank Powell v. Commonwealth of Pa.
  425 F.2d 267· 3d Cir.· 1970-04-24
  The court held that the district court lacked the power to grant an untimely nunc pro tunc appeal, and the appeal must be dismissed.
• Neal v. United States
  426 F.2d 1219· D.C. Cir.· 1970-03-16 ·via Nunc Pro Tunc Determination
  The court affirmed the conviction, finding that the appellant's Fifth Amendment contentions were resolved adversely by Supreme Court precedent and that the competency issue could be raised post-conviction.
• United States ex rel. Norman A. Green v. Maroney
  421 F.2d 830· 3d Cir.· 1970-01-15
  The district court correctly denied the petition for a writ of habeas corpus because the appellant has not exhausted his state remedies.
• Leopold Morse Tailoring Co. v. The United States
  408 F.2d 739· Ct. Cl.· 1969-03-14
  The court held that the plaintiff's claims of delay were not supported by substantial evidence and that the Armed Services Board of Contract Appeals' decision was not erroneous. The court also rejected preliminary challenges to the Board's opinion and the plaintiff's attempt to a
• Hollis v. Beto
  352 F.2d 550· 5th Cir.· 1965-11-16
  The court held that the district court did not err in denying the writ of habeas corpus as all of appellant's contentions were without merit.
• Farris Bryant v. Guar. Sec. Ins. Co.
  176 So. 2d 505· Fla.· 1965-06-09
• Pauline v. Keating
  162 So. 2d 660· Fla.· 1964-04-08
  The Florida Supreme Court addressed whether it had jurisdiction to review a circuit court's dismissal of a constitutional challenge to Florida Statute § 561.29. The Court temporarily relinquished control to the trial court to clarify whether its dismissal decision was based on co
• State v. Sheppard
  22 Fla. Supp. 159· Dade Cty. Cir. Ct.· 1964-03-18
  The court held that the juvenile court had jurisdiction to proceed with a contempt hearing and denied the petition for a writ of prohibition.
• Maitland v. Maitland
  18 Fla. Supp. 60· Duval Cty. Cir. Ct.· 1961-07-03
  In this post-divorce contempt proceeding, the trial court dismissed a mother's petition to hold the father in contempt for failure to pay child support, finding that an earlier nunc pro tunc order by the original divorce judge had suspended the father's obligation to pay support
• State v. Cochran
  128 So. 2d 609· Fla.· 1961-04-05
  Norman J. Mackiewicz sought habeas corpus relief to collaterally attack his death sentence for first-degree murder, claiming the trial court reporter failed to record certain alleged inflammatory statements made by prosecutors during closing arguments. The Florida Supreme Court d
• Leposky v. Berger
  110 So. 2d 13· Fla.· 1959-03-11
  The Florida Supreme Court vacated a circuit court order requiring a corporation to issue stock certificates to appellee because the order exceeded the scope of the original mandamus proceeding and was entered after the case had been finally concluded by performance of the Court's
• Cardinale v. Union OIL Co.
  250 F.2d 391· 9th Cir.· 1957-12-04
  The court held that the denial of the motion to make a verbal order of record was justified due to the appellant's failure to follow local rules for drafting and filing the order.
• Drew v. United States
  248 F.2d 75· 9th Cir.· 1957-09-13
  The court held that a sentence correction, even if it reduces good-time allowance eligibility, does not constitute an increase in the sentence if the correction is valid under Rule 35.
• Glenn v. United States
  217 F.2d 333· 6th Cir.· 1954-12-10
  The court held that the resentencing order was valid and effectively corrected the original sentence to comply with statutory requirements.
• Cutting v. Bullerdick
  188 F.2d 837· 9th Cir.· 1951-05-09
  The court held that a minor not properly served with process cannot be made a party to a foreclosure action, and a nunc pro tunc order appointing a guardian ad litem does not cure the lack of jurisdiction. The court also held that a personal judgment against a party who undertook
• Tinkoff v. W. Publ'g Co.
  152 F.2d 754· 7th Cir.· 1945-12-03
  The court held that the trial court correctly denied the motion to vacate dismissal orders, as no fraud was practiced upon the court or plaintiff.
• Prudential Ins. Co. of Am. v. Land Ests.
  130 F.2d 170· 2d Cir.· 1942-07-29
  The court held that the District Court properly denied Mutual's motions to file proofs of claim nunc pro tunc because granting them would have substantially prejudiced the rights of other creditors who had relied on the established plan and filed claims.
• Sommers v. Colourpicture Pub. Inc.
  150 Fla. 659· Fla.· 1942-05-26
  A bill in equity cannot impeach a law judgment unless fraud, accident, or wrongful act prevented assertion of a meritorious defense, and no adequate remedy at law exists.
• In re Bowman. Bowman v. Loperena
  118 F.2d 742· 9th Cir.· 1941-03-28
  The court held that the order adjudicating the appellant a bankrupt was erroneous because the statutory prerequisites for such an adjudication were not met at the time it was entered. However, the referee's refusal to allow a claimed credit was affirmed.
• Alonso v. Alonso
  129 Fla. 437· Fla.· 1937-10-15
  This case concerns a divorce proceeding where the wife appealed a final decree granting her husband a divorce. The appellate court affirmed the decree, finding that the lower court retained jurisdiction and acted properly in vacating an earlier order and re-referring the case for
• Reliance Fertilizer Co. v. Davis
  124 Fla. 859· Fla.· 1936-07-21 ·via Nunc Pro Tunc Judgment
  Reliance Fertilizer Company appealed a jury verdict in favor of defendant J. A. Davis in a suit to recover the purchase price of fertilizer sold through an agent. The Florida Supreme Court affirmed the judgment, holding that the sale constituted intrastate commerce subjecting the
• Borson v. Lisenby
  115 Fla. 333· Fla.· 1934-04-04
  The appellate court reversed the trial court's order denying the appellants' application to set aside the foreclosure sale and order a resale. The court held that the appellants had substantially complied with the trial court's order by depositing the required funds and filing th