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

• White v. State
  548 So. 2d 765· Fla. 1st DCA· 1989-08-31 ·cited 26×
  Randy White appeals his conviction for robbery, battery, and armed robbery, challenging the trial court's competency procedures and the departure sentence imposed. The First District Court of Appeal affirmed the conviction and sentence but remanded for entry of a written order do
• Luhrs v. State
  394 So. 2d 137· Fla. 5th DCA· 1981-01-07 ·cited 26×
  A trial court may enter a nunc pro tunc order after notice of appeal to correct the record by documenting a continuance that was orally granted but not timely entered, provided the continuance was actually heard and granted before the speedy trial period expired. Once a valid con
• van Poyck v. Louie L. Wainwright
  595 F.2d 1083· 5th Cir.· 1979-05-24 ·cited 26×
  The court held that the petitioner's claim of factual incompetency to plead guilty was exhausted and raised a substantial issue requiring an evidentiary hearing, but his claim regarding the factual basis for the plea was unexhausted.
• Rivera v. State
  34 So. 3d 207· Fla. 2d DCA· 2010-05-12 ·cited 25×
  The court held that written sentences must conform to oral pronouncements, but issues regarding the sufficiency of documentation for costs are waived if not objected to contemporaneously at sentencing.
• United States v. Hitchmon
  587 F.2d 1357· 5th Cir.· 1979-01-05 ·cited 25×
• McCormick v. State
  153 Fla. 838· Fla.· 1943-12-17 ·cited 25×
  J. H. McCormick was convicted of aggravated assault and sentenced to four months in jail. The Florida Supreme Court reversed the conviction because the evidence was wholly insufficient to support the charge of aggravated assault, and the trial court lacked power to retroactively
• Pace v. Pace
  99 Fla. 859· Fla.· 1930-04-21 ·cited 25×·via Nunc Pro Tunc Correction
  This case concerns a modification of an alimony decree in a divorce proceeding. The Florida Supreme Court affirmed the chancellor's authority to modify a final divorce decree that provided for alimony in a lump sum ($15 per week for 100 weeks) by treating the modification petitio
• F.L.M. v. Dep't of Child. & Families
  912 So. 2d 1264· Fla. 4th DCA· 2005-11-02 ·cited 24×
  In this dependency case, the Fourth District Court of Appeal reversed the trial court's refusal to declare a 17-year-old orphaned Guatemalan child dependent under Florida law. The child sought the declaration to obtain a special immigrant juvenile visa, and the appellate court he
• Colon v. State
  909 So. 2d 484· Fla. 5th DCA· 2005-08-26 ·cited 24×
  Jose Colon appealed his resentencing following Heggs v. State, challenging the trial court's use of his two capital felony convictions to triple his primary offense score on the 1995 guidelines scoresheet and claiming ineffective assistance of counsel. The court held that the cap
• Wells v. State
  796 So. 2d 1276· Fla. 4th DCA· 2001-10-17 ·cited 24×·via Nunc Pro Tunc Correction
  A trial court has jurisdiction to correct a clerical error, such as the omission of 'Jr.' from a name in a final judgment of conviction, at any time.
• Warrington v. State
  660 So. 2d 385· Fla. 5th DCA· 1995-09-15 ·cited 24×
  John Warrington appeals his sentence imposed after violating community control terms. The court holds that although the original plea agreement included an illegal conditional suspended sentence, Warrington cannot challenge its legality after accepting its benefits, but he is ent
• United States v. Johns
  728 F.2d 953· 7th Cir.· 1984-03-01 ·cited 24×
  The dissenting judge believes the evidence was insufficient to raise a bona fide doubt about the defendant's competency to stand trial.
• Mabrey v. Carnival Cruise Lines, Inc.
  438 So. 2d 937· Fla. 3d DCA· 1983-10-04 ·cited 24×·via Nunc Pro Tunc Judgment
  The court held that the trial court erred in directing a verdict for the defendant because there was sufficient evidence upon which a jury could lawfully find for the plaintiffs.
• Dong SIK Kwon v. Immigr. & Naturalization Serv.
  646 F.2d 909· 5th Cir.· 1981-05-04 ·cited 24×
  The court affirmed the Board of Immigration Appeals' decision, finding the alien not entitled to relief because no visas were available in eligible categories at the time of application, and other grounds also supported denial.
• Hernandez-Almanza v. United States Dep't of Just.
  547 F.2d 100· 9th Cir.· 1976-12-13 ·cited 24×
  A nunc pro tunc order vacating a conviction does not invalidate a prior exclusion order if the alien failed to pursue direct appeals or waive the exclusion order.
• Wilder v. Wilder
  251 So. 2d 311· Fla. 4th DCA· 1971-08-13 ·cited 24×·via Nunc Pro Tunc Correction
  In this divorce appeal, the former husband challenges an order modifying the final divorce judgment to clarify and amend provisions regarding life insurance beneficiary designations. The court reversed the modification order, holding that the changes constituted substantive error
• Matthies v. R.R. Ret. Bd.
  341 F.2d 243· 8th Cir.· 1965-01-28 ·cited 24×
  The court held that a nunc pro tunc order cannot revive a previously dismissed court order for support that had expired or been vacated, and therefore the petitioner was not 'living with' the employee at the time of his death as required by the Railroad Retirement Act.
• Butler v. Denton et a
  150 F.2d 687· 10th Cir.· 1945-07-13 ·cited 24×
  The court held that the federal court properly denied the motion to remand and the motion to dismiss, and that the state court judgment did not grant the plaintiff a remainder interest in the disputed fund.
• Johnson v. State
  58 Fla. 68· Fla.· 1909-06-01 ·cited 24×
  This case reviews a conviction for resisting an officer. The appellate court affirmed the conviction, finding that the information sufficiently stated the elements of the statutory offense and that the trial court did not commit reversible error.
• Matthew v. Hawks
  226 So. 3d 892· Fla. 4th DCA· 2017-08-23 ·cited 23×
  Matthew Hawks appeals his conviction for making a false bomb threat, challenging the trial court's failure to conduct a competency hearing despite finding reasonable grounds to question his mental competency. The court vacated his conviction and remanded for proper competency pro
• Hampton v. State
  988 So. 2d 103· Fla. 2d DCA· 2008-07-18 ·cited 23×
  Hampton's conviction for robbery was initially reversed because the trial court appeared to have found him incompetent to stand trial but then allowed him to waive his jury trial right without a written order finding him restored to competency. On remand, supplemental record evid
• THE Florida BAR v. Jahn
  509 So. 2d 285· Fla.· 1987-06-25 ·cited 23×
  The Florida Supreme Court approved a three-year suspension of attorney Michael Jahn for delivering cocaine to minors and possessing cocaine, rejecting the Florida Bar's petition for disbarment. The Court held that substantial mitigation evidence, including Jahn's lack of prior di
• Loring Spencer Jones v. State
  876 So. 2d 642· Fla. 1st DCA· 2004-06-18 ·cited 22×
  The court held that while the trial court erred in revoking probation based on conditions not properly imposed, the issue was not preserved for direct appeal.
• J.B. v. State
  829 So. 2d 376· Fla. 4th DCA· 2002-11-06 ·cited 22×·via Nunc Pro Tunc Correction
  J.B., a juvenile, pled no contest to assault on an educational employee and disruption of a school function. The trial court committed him to a level six moderate-risk program with special probation conditions. On appeal, the Fourth District Court of Appeal reversed and remanded
• Corporacion de Mercadeo Agricola v. Mellon Bank Int'l
  608 F.2d 43· 2d Cir.· 1979-10-02 ·cited 22×
  The dissenting judge argued that the letter of credit was so unusual and ambiguous that it should not be treated as a true letter of credit, but rather as a guaranty, and that the bank should be liable.
• In re LaMARRE
  494 F.2d 753· 6th Cir.· 1974-04-03 ·cited 22×
  The court held that the judge did not err in not disqualifying himself and had jurisdiction to compel attendance at a pretrial conference. The arrest was lawful.
• Pub. Serv. Comm'n of the State of N.Y. v. Fed. Power Comm'n
  284 F.2d 200· D.C. Cir.· 1960-04-28 ·cited 22×
  A party seeking intervention before the Federal Power Commission must petition for review of the order denying intervention within the statutory period; they cannot wait to challenge the denial in a petition for review of the final order on the merits.
• Jappe v. Heller
  65 So. 2d 302· Fla.· 1953-04-10 ·cited 22×
  The Florida Supreme Court held that a trial court lacked jurisdiction to vacate a final equity decree more than 20 days after its entry when the petition for rehearing was filed outside the statutory period prescribed by Equity Rule 70. The court granted a petition for certiorari
• Pittsburg Steel Co. v. Streety
  60 Fla. 183· Fla.· 1910-06-01 ·cited 22×·via Nunc Pro Tunc Judgment
  The court dismissed the appeal because the writ of error was issued before a final judgment was entered, rendering it ineffectual. A new writ of error would be required to review the subsequently entered nunc pro tunc judgment.
• United States v. Willy Elmer Sweeten
  933 F.2d 765· 9th Cir.· 1991-05-20 ·cited 21×
  The court held that the district court erred in restricting its inquiry to the original judgment and statute when determining if a prior conviction qualified for sentence enhancement, and that the Texas burglary conviction qualified as a predicate offense.
• United States v. Godoy
  821 F.2d 1498· 11th Cir.· 1987-06-30 ·cited 21×
  The court held that the government violated the Speedy Trial Act by improperly extending the indictment period and that the district court did not abuse its discretion in allowing reprosecution without prejudice.
• Rainbow Pioneer # 44-18-04A v. Hawaii-Nevada Inv. Corp.
  711 F.2d 902· 9th Cir.· 1983-07-28 ·cited 21×
  The court held that the district court did not abuse its discretion in entering a default judgment for failure to comply with discovery orders, and affirmed the order to pay receiver fees.
• Wheeler Fertilizer Co. v. Rogers
  49 So. 2d 83· Fla.· 1950-12-08 ·cited 21×
  The Florida Supreme Court denied a petition for a writ of mandamus, upholding a circuit judge's decision to vacate a final judgment. The judge had mistakenly entered the judgment due to confusion about the parties' agreement on amending a declaration, and the court found he had t
• Campbell v. State
  789 So. 2d 1213· Fla. 1st DCA· 2001-07-20 ·cited 20×
  Appellant Campbell challenges sentences imposed in 1999 for resisting a law enforcement officer with violence and accessory after the fact to first degree murder. The trial court failed to timely rule on Rule 3.800(b)(2) motions to correct sentences within 60 days, and any attemp
• Hough v. Local 134
  867 F.2d 1018· 7th Cir.· 1989-02-01 ·cited 20×
  The court held that the denial of the motion to vacate was not an abuse of discretion because the attorney's misunderstanding of a court order did not constitute excusable neglect. The appeal from the summary judgment was untimely.
• THE Florida BAR v. Knowles
  500 So. 2d 140· Fla.· 1986-12-30 ·cited 20×
  The court held that disbarment is warranted for misappropriation of client funds, even when alcoholism is a contributing factor, but the disbarment commencement date can be adjusted.
• Dutta Seshachalam v. Creighton Univ. Sch. of Med.
  545 F.2d 1147· 8th Cir.· 1976-12-13 ·cited 20×
  The court held that a motion for reconsideration, even if mislabeled, can toll the time for filing a notice of appeal if it questions the judgment's correctness. The court remanded to allow the appellant to seek nunc pro tunc acceptance of the notice of appeal.
• Djalma S. Wolfson v. Blumberg
  340 F.2d 89· 2d Cir.· 1965-01-06 ·cited 20×
  The court held that the district court's order dismissing only some causes of action was not appealable without a Rule 54(b) certificate, and the denial of leave to amend is not appealable.
• Lewellyng v. United States
  320 F.2d 104· 5th Cir.· 1963-07-08 ·cited 20×·via Nunc Pro Tunc Determination
  The court held that the district court erred in denying the defendant's motion for a psychiatric examination based on a finding of bad faith, as the statute mandates such an examination when reasonable cause exists.
• Virginia Willys Lucom (formerly Virginia Willys de Landa) v. Fay Hall Potter
  131 So. 2d 724· Fla.· 1961-06-21 ·cited 20×
  The Florida Supreme Court reviews orders setting attorneys' fees for the guardians' counsel representing an incompetent person's estate. The court affirms the trial court's use of a minimum fee schedule but reduces the awarded fee by excluding out-of-state assets over which the g
• Greeley v. Percival
  21 Fla. 428· Fla.· 1885-01-01 ·cited 20×
  This case concerns the proper timing for settling and signing a bill of exceptions after a new trial motion is continued. The court held that the bill of exceptions was properly settled at the term when the new trial motion was finally disposed of, not necessarily the term of the
• Maxfly Aviation Inc. v. Cap. Airlines Ltd.
  843 So. 2d 973· Fla. 4th DCA· 2003-04-30 ·cited 19×
  An amendment to a judgment that adds post-judgment interest rate and judgment debtor information is immaterial and does not toll the time for filing an appeal.
• First Cont'l Corp. v. Bashir H. Khan
  605 So. 2d 126· Fla. 5th DCA· 1992-08-21 ·cited 19×
  First Continental Corporation appeals a default judgment entered in a landlord-tenant dispute over alleged breach of a commercial lease and failure to vacate. The court affirmed the judgment, holding that a landlord who obtained a judgment for double rent in county court was barr
• United States v. Taylor
  841 F.2d 1300· 7th Cir.· 1988-02-17 ·cited 19×
  The court held that 18 U.S.C. § 3331 requires only a judicial determination that a special grand jury has not finished its business to extend its term, not a formal written order. The failure to enter such orders was not error for most defendants.
• Whack v. Seminole Mem'l Hosp., Inc.
  456 So. 2d 561· Fla. 5th DCA· 1984-09-27 ·cited 19×
  In this medical malpractice wrongful death case, the court affirmed the dismissal of claims against doctors Roberts and Phillips due to procedural sanctions for discovery violations, but reversed summary judgments against hospital Seminole Memorial and nurse anesthetist Richards,
• State v. Smith
  360 So. 2d 21· Fla. 4th DCA· 1978-05-31 ·cited 19×
  The trial court lacked jurisdiction to mitigate a sentence more than sixty days after the appellate mandate was received, rendering the mitigation order a nullity.
• United States v. Becker
  536 F.2d 471· 1st Cir.· 1976-06-15 ·cited 19×
  The court held that the district court lacked jurisdiction to vacate the original sentence because it was not illegal under Rule 35.
• Gunther v. United States
  230 F.2d 222· D.C. Cir.· 1956-02-02 ·cited 19×·via Nunc Pro Tunc Determination
  The court held that a new competency hearing is required, and trial counsel cannot be compelled to testify regarding the defendant's competency.
• Martinez v. State
  851 So. 2d 832· Fla. 1st DCA· 2003-08-06 ·cited 18×
  A trial court's oral finding of competency to stand trial, made after defense counsel represents that the defendant has been evaluated by doctors as competent, must be memorialized in a written order as required by Florida Rule of Criminal Procedure 3.212(c)(7), even though the d
• THE Florida BAR v. Colclough
  561 So. 2d 1147· Fla.· 1990-06-07 ·cited 18×
  An attorney who makes fraudulent misrepresentations to a court and opposing counsel regarding the status of pending motions and the entry of judgments, thereby inflating the amount of money judgments, violates disciplinary rules against dishonesty, fraud, and conduct prejudicial