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. Williams
  447 So. 2d 356· Fla. 1st DCA· 1984-03-08 ·cited 18×·via Nunc Pro Tunc Determination
  The State appeals a trial court's decision setting aside Williams' burglary conviction based on alleged incompetency at the time he entered his guilty plea. The court addresses whether a defendant's competency to stand trial can be determined retrospectively in a post-conviction
• United States v. DeVAUGHN
  601 F.2d 42· 2d Cir.· 1979-04-05 ·cited 18×
  The court held that the admission of evidence of the defendant's subsequent possession of heroin was improper under Federal Rule of Evidence 404(b) because it was not directly relevant to an issue in the case and risked conviction based on propensity rather than guilt.
• THE Fla. BAR. In re Ralph A. Johnston
  332 So. 2d 13· Fla.· 1976-04-28 ·cited 18×
  The Florida Supreme Court suspended attorney Ralph A. Johnston from the practice of law for one year for falsely endorsing a client check, converting its proceeds to his own use, and failing to account for client funds.
• Rose v. United States
  513 F.2d 1251· 8th Cir.· 1975-04-07 ·cited 18×
  The court held that the district court erred in denying a hearing on the petitioner's motion to vacate his sentence, as the issue of his competency to plead guilty could be raised in a § 2255 proceeding and was not automatically precluded by a prior adjudication in another jurisd
• Reed v. Kroger Co.
  478 F.2d 1268· Temp. Emer. Ct. App.· 1973-05-30 ·cited 18×
  The court held that counsel's reliance on a district court clerk's incorrect advice regarding filing procedures does not constitute 'unique circumstances' sufficient to justify an untimely notice of appeal.
• Fisher v. Schilder
  131 F.2d 522· 10th Cir.· 1942-10-30 ·cited 18×
  The court held that an erroneous recital of a guilty plea, when a nolo contendere plea was entered, is not a fundamental error voiding the judgment and sentence, and the sufficiency of the indictment is not challengeable on habeas corpus.
• Miami Cnty. Nat. Bank of Paola v. Bancroft
  121 F.2d 921· 10th Cir.· 1941-07-17 ·cited 18×
  Federal courts have jurisdiction to determine heirship and property distribution rights, even when probate proceedings are pending in state court. Federal courts are prohibited from enjoining state court proceedings except in bankruptcy cases.
• Saunders v. Willis Dickens, M.D.
  103 So. 3d 871· Fla. 4th DCA· 2012-09-27 ·cited 17×·via Nunc Pro Tunc Judgment
  Ruby Saunders appealed a defense verdict in a medical malpractice action against Dr. Willis Dickens for allegedly failing to diagnose her husband's cervical cord compression, which resulted in quadriplegia. The Fourth District affirmed the judgment in favor of Dr. Dickens but rev
• Allman v. Johnson
  488 So. 2d 884· Fla. 5th DCA· 1986-05-15 ·cited 17×
  The court held that the contempt order was fundamentally defective and prohibited its enforcement.
• United States v. Crosby
  462 F.2d 1201· D.C. Cir.· 1972-05-10 ·cited 17×
  The court held that the trial judge abused discretion by refusing to subpoena and examine a key witness's hospitalization records, which were relevant to his competency.
• Crosby v. Mills
  413 F.2d 1273· 10th Cir.· 1969-08-06 ·cited 17×
  The court held that the district court had ancillary jurisdiction to consider an independent action for relief from bankruptcy orders under Rule 60(b), but that the trial court should first determine if exceptional circumstances justified such an action.
• Blankenship v. Royalty Holding Co.
  202 F.2d 77· 10th Cir.· 1953-02-11 ·cited 17×
  The court held that a court record, clear and unchallenged for two years, cannot be set aside by oral testimony two years later, especially when the recollections do not clearly indicate the recorded judgment was erroneous.
• Woodward v. Dishong
  102 Fla. 347· Fla.· 1931-07-07 ·cited 17×
  A mortgagee sued on promissory notes after a foreclosure proceeding in which a deficiency decree was denied. The Florida Supreme Court held that the prior judicial denial of the deficiency decree constituted res judicata, barring the subsequent action on the notes.
• MacHin v. State
  267 So. 3d 1098· Fla. 4th DCA· 2019-04-10 ·cited 16×
  When a trial court appoints a competency expert based on reasonable grounds questioning a defendant's competency, it must hold an evidentiary hearing and issue a written order finding the defendant competent to proceed; failure to do so requires vacation of convictions.
• Tompkins v. State
  894 So. 2d 857· Fla.· 2005-01-20 ·cited 16×
  The court affirmed the dismissal of the postconviction motions but granted the defendant 60 days to refile them nunc pro tunc due to a procedural dilemma.
• State v. Wenceslao Garcia
  571 So. 2d 38· Fla. 3d DCA· 1990-10-02 ·cited 16×
  The State of Florida appealed the trial court's granting of a writ of error coram nobis that set aside Garcia's 1975 guilty plea convictions for burglary and grand larceny. The appellate court reversed, holding that error coram nobis is limited to correcting vital facts, not lega
• United States v. Ibukun O. Mayomi
  873 F.2d 1049· 7th Cir.· 1989-05-01 ·cited 16×
  The court held that the detention of the defendant's mail for a period of forty-eight hours over a weekend for a canine sniff test was reasonable under the Fourth Amendment, and that limiting cross-examination regarding the informant's identity and prior investigations was not an
• Richard O.J. Mayberry v. Petsock
  821 F.2d 179· 3d Cir.· 1987-06-15 ·cited 16×
  A habeas petitioner must provide specific factual allegations of state obstruction to excuse the failure to exhaust state remedies, and vague claims are insufficient to warrant discovery or an evidentiary hearing.
• Cypress Barn, Inc. v. W. Elec. Co., Inc.
  812 F.2d 1363· 11th Cir.· 1987-03-23 ·cited 16×
  The court held that a nonparty cannot be held in civil contempt for violating an order of which it had no notice, even if it had notice of a prior, superseded order.
• United States v. Elkins
  795 F.2d 919· 11th Cir.· 1986-08-04 ·cited 16×
  The court held that the defendant's trial did not violate the Speedy Trial Act because the total excludable time, calculated according to statutory provisions, resulted in fewer than 70 days elapsing between indictment and trial.
• Turner v. Evers
  726 F.2d 112· 3d Cir.· 1984-02-02 ·cited 16×
  An appeal filed while a motion to reconsider a prior denial of a new trial motion is pending is valid and confers jurisdiction on the appellate court.
• Winterland Concessions Co. v. Smith
  706 F.2d 793· 7th Cir.· 1983-05-11 ·cited 16×
  The court held that the district court erred in dismissing the suit with prejudice because the plaintiffs' timely notice of voluntary dismissal under Rule 41(a)(1)(i) terminated the action before the court could act.
• In re Pigott
  684 F.2d 239· 3d Cir.· 1982-03-23 ·cited 16×
  The bankruptcy court lacked equitable power to allow proofs of claim filed after the statutory six-month period, and the district court erred in affirming such allowance.
• United States v. Stover
  565 F.2d 1010· 8th Cir.· 1977-11-10 ·cited 16×
  The court held that the trial court did not err in admitting fingerprint evidence obtained independently of an allegedly unlawful arrest, nor in admitting evidence of the defendant's escape, and that the jury instructions and sentence modification were proper.
• Jairo Velez-Lozano v. Immigr. & Naturalization Serv.
  463 F.2d 1305· D.C. Cir.· 1972-06-07 ·cited 16×
  The court held that a suspended sentence for sodomy, even with probation, constitutes a sentence to confinement for deportation purposes, and a nunc pro tunc recommendation against deportation after the statutory period is ineffective.
• Superior Life Ins. Co. v. United States
  462 F.2d 945· 4th Cir.· 1972-06-07 ·cited 16×·via Nunc Pro Tunc Judgment
  The court held that the district court's order for judgment was not the final judgment, making the government's appeal timely, and that the taxpayer did not qualify as a life insurance company under Section 801 because the unearned premium reserve held by its agent must be includ
• Miller v. Reddin
  422 F.2d 1264· 9th Cir.· 1970-03-12 ·cited 16×
  A voluntary dismissal filed by a plaintiff before an answer or motion for summary judgment terminates the action automatically, and the trial court cannot deny its filing.
• Chrisp Heard, Jr. v. United States
  390 F.2d 866· D.C. Cir.· 1968-02-07 ·cited 16×
  The court should affirm the district court's denial of the motion to vacate sentence without a hearing.
• In re Acme Furnace Fitting Co. v. Bankruptcy
  302 F.2d 318· 7th Cir.· 1962-04-25 ·cited 16×
  The court held that the appellant's petition for review was untimely filed, barring him from challenging the referee's orders.
• United States ex rel. George Piperkoff v. Esperdy
  267 F.2d 72· 2d Cir.· 1959-05-18 ·cited 16×
  The court held that a state court's vacating and re-entering a judgment solely to make a timely recommendation against deportation under 8 U.S.C.A. § 1251(b) does not establish a new 'first' judgment for statutory purposes.
• Hunt Tool Co. v. Moore, Inc.
  212 F.2d 685· 5th Cir.· 1954-05-06 ·cited 16×
  The court held that the intervention was permissive under Rule 24(b)(2) and that the intervener cured the jurisdictional defect by dismissing non-diverse defendants, thus the district court had jurisdiction.
• United States v. San Geronimo Dev. Co., Inc.
  154 F.2d 78· 1st Cir.· 1946-03-04 ·cited 16×·via Nunc Pro Tunc Judgment
  The United States is entitled to the free use and occupation of the leased land during wartime, as the presidential proclamation did not extinguish this reserved right.
• Williams v. State
  169 So. 3d 221· Fla. 2d DCA· 2015-07-01 ·cited 15×
  Lester Williams was convicted of preventing or obstructing extinguishment of a fire and pulling false alarms based on defacing sprinkler heads in his prison cell. The Florida appellate court reversed because the trial court erred in allowing Williams to stipulate to his competenc
• Nevitt v. Bonomo
  53 So. 3d 1078· Fla. 1st DCA· 2010-12-21 ·cited 15×
  A biological father sought to establish paternity of a child conceived during the mother's marriage but born after divorce was finalized. The trial court dismissed the paternity action after the parents retroactively vacated their divorce decree. The appellate court reversed, hol
• Gaines v. Sayne
  764 So. 2d 578· Fla.· 2000-07-13 ·cited 15×
  The Florida Supreme Court held that a final judgment of dissolution of marriage is not voided by the subsequent death of a party where the death occurs after the judgment is entered but before disposition of a pending motion for rehearing limited to collateral matters. The Court
• Norton v. State
  691 So. 2d 616· Fla. 5th DCA· 1997-04-18 ·cited 15×
  The court held that resisting arrest with violence and battery on a law enforcement officer are valid grounds for probation violation even if the arrest was technically illegal, but resisting arrest without violence is not.
• The Pub. Health Tr. OF Dade Cnty. v. Diaz
  529 So. 2d 682· Fla.· 1988-07-07 ·cited 15×
  The Florida Supreme Court reviewed a case where a trial court initially denied a motion to dismiss for lack of prosecution but later vacated that order and dismissed the case. The appellate court reversed the dismissal, finding the trial court abused its discretion. The Supreme C
• United States v. O'Neill
  497 F.2d 1020· 6th Cir.· 1974-05-31 ·cited 15×
  The court held that the district judge correctly denied the motion to suppress evidence derived from wiretaps, as the interceptions were made in conformity with the authorizing orders and federal statutes.
• Est. of Herman Borax v. Commissioner OF Internal Revenue
  349 F.2d 666· 2d Cir.· 1965-07-30 ·cited 15×
  The dissenting judge would affirm the Tax Court's decision, finding that a New York judgment invalidating a Mexican divorce is entitled to full faith and credit and bars collateral challenge.
• Lulu J. Penney and H. W. Penney v. First Tr. & Sav. Bank
  102 Fla. 185· Fla.· 1931-06-24 ·cited 15×
  The Florida Supreme Court upheld a foreclosure decree, holding that parties cannot repudiate a written stipulation extending the time for taking testimony merely because they later wish to suppress evidence taken within the agreed extension period. The court enforced the stipulat
• State v. Jimenez
  173 So. 3d 1020· Fla. 3d DCA· 2015-07-08 ·cited 14×
  The State appeals a trial court's decision granting in part a Rule 3.800(a) motion for sentence correction based on double jeopardy violations. The court had to determine whether resentencing on counts where the statutory maximum had expired violated the defendant's double jeopar
• THE Florida BAR v. Valentine-Miller
  974 So. 2d 333· Fla.· 2008-01-10 ·cited 14×
  The Florida Supreme Court reviewed a disciplinary referee's recommendation to suspend attorney Kristine W. Valentine-Miller for three years for professional misconduct involving misappropriation of client funds, failure to communicate with clients, and inadequate record-keeping.
• State v. Pease
  669 So. 2d 314· Fla. 1st DCA· 1996-03-11 ·cited 14×
  A downward departure sentence is vacated and remanded for resentencing within the guidelines when the trial court fails to provide contemporaneous written reasons for the departure, even if oral reasons were given.
• MacIas v. State
  572 So. 2d 22· Fla. 4th DCA· 1990-12-28 ·cited 14×
  Jose Macias appealed a corrected sentence that purportedly clarified his ten-year sentence as a mandatory minimum, thereby increasing his actual minimum time from three years to ten years. The court reversed, holding that once a legal sentence is entered and the defendant begins
• United States v. Wirsing
  867 F.2d 1227· 9th Cir.· 1989-02-13 ·cited 14×
  The court held that time consumed by pretrial motions, including those for detention review, is excludable from the Speedy Trial Act's seventy-day calculation, and that the mootness of a motion does not retroactively render the time it was pending non-excludable.
• Walley v. Fla. Game & Fresh Water Fish Comm'n
  501 So. 2d 671· Fla. 1st DCA· 1987-01-20 ·cited 14×
  Walley, a wildlife officer, was dismissed for omitting a 1974 arrest from his employment application. He challenged the dismissal arguing the arrest was expunged nunc pro tunc before his termination and that collateral estoppel prevented relitigation of issues already decided by
• Dowty v. Pioneer Rural Elec. Coop., Inc.
  770 F.2d 52· 6th Cir.· 1985-08-09 ·cited 14×·via Nunc Pro Tunc Judgment
  The court held that the plaintiff's hybrid § 301/fair representation claim was time-barred by the six-month statute of limitations, as the limitations period began to accrue when the plaintiff knew or should have known of the union's alleged breach of duty, not upon formal receip
• Briseno v. The Honorable Robert R. Perry
  417 So. 2d 813· Fla. 5th DCA· 1982-08-04 ·cited 14×
  A criminal defendant sought a writ of prohibition after his speedy trial period expired, arguing he was entitled to discharge because no written order extending the deadline was filed before the period ran. The court held that a nunc pro tunc order (retroactively documenting an e
• Schmidt v. Zazzara
  544 F.2d 412· 9th Cir.· 1976-10-12 ·cited 14×
  The court held that the district court had jurisdiction to award attorney's fees ancillary to the case, even after a consent judgment, and that the award was proper under 35 U.S.C. § 285 due to the defendants' bad faith in attempting to repudiate the settlement agreement.
• De Baun v. Michael
  333 So. 2d 106· Fla. 2d DCA· 1976-06-09 ·cited 14×
  An order amending a judgment nunc pro tunc cannot modify the substance of a prior ruling or adjudicate new matters; it can only correct clerical errors to reflect what was actually decided.