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

• Perdue v. TJ Palm Assocs.
  755 So. 2d 660· Fla. 4th DCA· 1999-06-16 ·cited 11×
  Norma Perdue appealed the South Florida Water Management District's dismissal of her amended petition challenging two Environmental Resource Permits issued to T.J. Palm Associates. The District properly dismissed her challenge as untimely and lacking merit because Perdue failed t
• D.M. v. State
  580 So. 2d 634· Fla. 1st DCA· 1991-03-01 ·cited 11×
  A Florida appellate court reversed a nunc pro tunc adjudication of delinquency entered after a juvenile reached age 19, holding that such an order exceeded the proper scope of nunc pro tunc relief, which is limited to correcting clerical mistakes or memorializing previously taken
• King v. Gibbs
  876 F.2d 1275· 7th Cir.· 1989-06-01 ·cited 11×
  There is no federal right to indemnification under the securities laws or federal common law, even for an innocent party.
• In re the Est. of James Riha v. Harding
  369 So. 2d 404· Fla. 2d DCA· 1979-03-30 ·cited 11×
  This case addresses whether a trial court properly entered a nunc pro tunc order granting an extension of time to file suit against an estate. The appellate court reversed because the order was entered without a prior order to correct, making it ineffective.
• Talton v. State
  362 So. 2d 686· Fla. 4th DCA· 1978-08-23 ·cited 11×
  The court held that the trial court's oral order extending the speedy trial period, later reduced to writing nunc pro tunc, was timely entered before the speedy trial period expired.
• Hanover Ins. Co. v. Publix Mkt., Inc.
  198 So. 2d 346· Fla. 4th DCA· 1967-04-20 ·cited 11×
  Hanover Insurance Company appealed from a decree reforming an insurance policy to correct the named insured from a non-existent corporation (Taft-Hollywood Merchants Association, Inc.) to the unincorporated association actually intended by the parties. The court affirmed the refo
• Yeager v. Flemming
  282 F.2d 779· 5th Cir.· 1960-10-03 ·cited 11×
  A marriage declared void ab initio by a state court, even if initially voidable, does not constitute a 'remarriage' under the Social Security Act, entitling the claimant to benefits.
• Adonis Losada v. State
  260 So. 3d 1156· Fla. 3d DCA· 2018-12-26 ·cited 10×
  Adonis Losada appeals his conviction for possession and transmission of child pornography, arguing the trial court erred by failing to independently determine his competency to stand trial and by incorrectly denying his request to waive counsel and represent himself. The Florida
• Antoine L. Bynum v. State
  247 So. 3d 601· Fla. 5th DCA· 2018-05-11 ·cited 10×
  Antoine Bynum appeals his murder conviction, challenging the trial court's finding that his competency to stand trial had been restored. The Florida District Court of Appeal, Fifth District, agrees that the trial court committed fundamental error by failing to independently deter
• L.S. v. Dep't OF Juv. Just.
  779 So. 2d 633· Fla. 1st DCA· 2001-03-08 ·cited 10×
  The Department of Juvenile Justice lost jurisdiction over the juvenile because aftercare was not properly ordered in the original disposition or validly transferred.
• Martin v. State
  591 So. 2d 301· Fla. 2d DCA· 1991-12-20 ·cited 10×
  San Martin appealed his guidelines departure sentence following remand for resentencing. The trial court departed from sentencing guidelines based on a valid reason, but the written order explaining the departure was lost. The appellate court affirmed, holding that the trial cour
• Fishbein v. Palm Beach Sav. & Loan Ass'n
  585 So. 2d 1052· Fla. 4th DCA· 1991-09-04 ·cited 10×
  Mrs. Fishbein appeals a trial court judgment awarding an equitable lien against her homestead property to Palm Beach Savings & Loan Association, while the Bank cross-appeals the denial of its mortgage foreclosure. The court reverses the equitable lien award, holding that equitabl
• In re Centric Corp. v. Centric Corp.
  901 F.2d 1514· 10th Cir.· 1990-04-23 ·cited 10×
  The court held that the bankruptcy court did not abuse its discretion in denying the Trustees' motion to respond tardily to an objection, and that the Trustees' withdrawal liability claim was properly barred by laches.
• Leaman v. Ohio Dep't OF Mental Retardation & Dev. Disabilities
  825 F.2d 946· 6th Cir.· 1987-07-23 ·cited 10×
  The court held that the plaintiff's voluntary election to sue in the Ohio Court of Claims constituted a waiver of her federal claims against state employees, as the Ohio statute provided a reasonable alternative forum and remedy.
• Unique Sys., Inc. v. Zotos Int'l, Inc.
  622 F.2d 373· 8th Cir.· 1980-05-23 ·cited 10×
  The court affirmed the judgment, holding that Zotos's actions constituted a repudiation of the contract, that the damages awarded were not speculative, and that prejudgment interest was correctly denied.
• Irwin v. Wolff
  529 F.2d 1119· 8th Cir.· 1976-02-17 ·cited 10×
  The court held that the petitioner's arrest was based on probable cause and his indefinite commitment under Nebraska's Sexual Sociopath Act did not constitute cruel and unusual punishment.
• In re Stolkin v. Nachman
  472 F.2d 222· 7th Cir.· 1973-01-18 ·cited 10×
  The court held that the denial of a continuance for discovery regarding fee applications in a Chapter XI proceeding was an abuse of discretion, and that discovery rules generally apply to such proceedings.
• Wolverton v. Shell OIL Co.
  442 F.2d 666· 9th Cir.· 1971-05-13 ·cited 10×
  The court held that a sale of a bankrupt's cause of action to the bankrupt himself, conducted without proper notice to creditors and with procedural irregularities, can be set aside, even if the challenging party is a creditor with a late-filed claim or involved in a preference p
• Angus G. Wynne, Jr. v. Rochelle
  385 F.2d 789· 5th Cir.· 1967-07-31 ·cited 10×
  The court held that there is no conflict between its prior decision and the case cited by appellees, as the factual and legal principles involved are essentially different.
• Jacksonville Broad. Corp. v. Fed. Commc'ns Comm'n
  348 F.2d 75· D.C. Cir.· 1965-05-06 ·cited 10×
  The court affirmed the FCC's disqualification of JBC but set aside the FCC's readoption of the construction permit and licenses granted to Florida-Georgia, remanding the case for further proceedings.
• H. L. Thorndal in Bankr. of Petroleum Corp. of Am. v. Smith
  339 F.2d 676· 8th Cir.· 1965-01-04 ·cited 10×
  The court held that the timely lodging of a petition for review with the referee, even without immediate payment of the filing fee, is sufficient to confer jurisdiction, and a subsequent order granting an extension to refile does not impair the rights established by the original
• Kenner v. United States
  286 F.2d 208· 8th Cir.· 1960-12-21 ·cited 10×·via Nunc Pro Tunc Determination
  The court held that the trial court erred in denying the appellant's motion for a psychiatric examination, but the conviction may stand pending a nunc pro tunc determination of competency.
• A. B. C. Packard, Inc. v. Gen. Motors Corp.
  275 F.2d 63· 9th Cir.· 1960-01-27 ·cited 10×
  The court held that the existence of a duty to disclose a future policy change was a question of fact for the jury, not a matter of law for the court, and that the trial court did not err in taxing reporter's fees as costs.
• McKinley Freeman v. Blackburn
  92 So. 2d 262· Fla.· 1957-01-23 ·cited 10×
  McKinley Freeman, an Alabama murder convict who escaped prison and was apprehended in Florida, sought habeas corpus relief to challenge his extradition to Alabama. The Florida Supreme Court affirmed the lower court's quashing of the writ and upheld the validity of the extradition
• Newburgh Moire Co., Inc. v. Superior Moire Co., Inc.
  237 F.2d 283· 3d Cir.· 1956-09-26 ·cited 10×
  The court held that Patent No. 2,448,145 is valid and infringed, but Patent No. 2,513,646 is invalid. It also found that granting multiple licenses with price-fixing provisos violates antitrust laws.
• Fawcett v. Weaver
  121 Fla. 245· Fla.· 1935-10-16 ·cited 10×·via Nunc Pro Tunc Judgment
  The appellate court affirmed a judgment in an ejectment suit, holding that a court can enter a final judgment at a term subsequent to the one in which the verdict was rendered and the motion for a new trial was denied. This is permissible as a nunc pro tunc entry to reflect the j
• Christopher v. Newnham
  34 Fla. 370· Fla.· 1894-06-01 ·cited 10×
  This case addresses whether a writ of error was properly served to acquire jurisdiction over the defendant in error in an appeal from a claim suit judgment. The Florida Supreme Court held that service of the scire facias on an attorney who was not the attorney of record in the cl
• Rohe v. Wells Fargo Bank, N.A.
  988 F.3d 1256· 11th Cir.· 2021-02-18 ·cited 9×
  The Eleventh Circuit affirmed the district court's dismissal, holding that the All Writs Act cannot be invoked without an underlying proceeding over which the court has jurisdiction.
• Sallee v. State
  244 So. 3d 1143· Fla. 2d DCA· 2018-04-18 ·cited 9×
  A trial court may determine competency based solely on written expert reports when the parties agree, and the defendant's presence at the hearing and observation of his demeanor satisfy due process requirements. However, when a trial court makes an oral determination of competenc
• Moorer v. State
  187 So. 3d 315· Fla. 1st DCA· 2016-03-04 ·cited 9×
  The court held that the trial court erred by failing to hold a competency hearing when reasonable grounds existed to question the defendant's mental competency to stand trial.
• Alphonso Prosperity Smith v. Kearney
  802 So. 2d 387· Fla. 4th DCA· 2001-11-14 ·cited 9×
  Alphonso Smith appealed the denial of his habeas corpus petition challenging his detention under Florida's Jimmy Ryce Act. Smith argued he was unlawfully detained because his sentences included an illegal concurrent probation and incarceration term that should have resulted in hi
• THE Florida BAR v. Lijyasu Mahomet Kandekore
  766 So. 2d 1004· Fla.· 2000-06-01 ·cited 9×
  The Florida Bar sought to discipline attorney Kandekore based on his New York felony conviction for assault of a police officer and his subsequent disbarment by New York. The Florida Supreme Court affirmed the referee's recommendation of disbarment, holding that the out-of-state
• Transamerica Ins. Co. v. South
  975 F.2d 321· 7th Cir.· 1992-09-11 ·cited 9×
  The court's holding is not explicitly stated as the author is concurring and discussing the difficulty of classifying causes of action.
• Olle v. The Henry & Wright Corp.
  910 F.2d 357· 6th Cir.· 1990-08-09 ·cited 9×
  The court held that the bankruptcy court's amended order was not a mere clerical correction under Rule 60(a) and that the district court correctly found it lacked jurisdiction to amend a substantive error after the one-year limit under Rule 60(b)(1). However, the court remanded f
• Newsom v. Smyth
  261 F.2d 452· 4th Cir.· 1958-12-05 ·cited 9×
  The court held that a state prisoner's habeas corpus appeal, raising issues previously litigated and resolved in state courts, could be dismissed for want of a certificate of probable cause.
• Ogle v. Ogle
  334 So. 3d 699· Fla. 1st DCA· 2022-02-23 ·cited 8×
  The appellate court reversed and remanded a dissolution of marriage case, finding the trial court failed to make specific factual findings to support its alimony and child support awards. The court also clarified the proper use of bridge-the-gap alimony and addressed issues relat
• Walker v. State
  288 So. 3d 694· Fla. 4th DCA· 2019-10-23 ·cited 8×
  # LEGAL BRIEF In *Walter Eugene Walker v. State of Florida*, the Fourth District Court of Appeal affirmed the defendant's sentences for armed burglary, grand theft, and related offenses, but remanded for three ministerial corrections: entry of a written order documenting the def
• Wilmario Trueblood v. State
  193 So. 3d 1060· Fla. 1st DCA· 2016-06-15 ·cited 8×
  Wilmario Trueblood appeals his convictions for two counts of burglary and grand theft, challenging the trial court's failure to hold a competency hearing after appointing an expert examiner. The court affirms the admission of other crimes evidence but reverses and remands on the
• Belizaire v. State
  188 So. 3d 933· Fla. 1st DCA· 2016-04-12 ·cited 8×
  The court held that the trial court erred by failing to conduct a proper competency hearing and enter a written order finding the appellant competent to proceed after an initial adjudication of incompetency.
• Morel v. State
  138 So. 3d 1122· Fla. 4th DCA· 2014-05-14 ·cited 8×
  The court held that a defendant is not in lawful custody for civil commitment proceedings under the Jimmy Ryce Act if their sentence has already expired, and thus the trial court lacks subject matter jurisdiction.
• Williams v. State
  130 So. 3d 763· Fla. 2d DCA· 2014-01-24 ·cited 8×
  Florida appellate court affirmed Williams' convictions for second-degree murder and aggravated assault but remanded for entry of a written competency order after the trial court orally found her competent but failed to document it in writing.
• Francis v. State
  65 So. 3d 103· Fla. 5th DCA· 2011-06-24 ·cited 8×
  The Fifth District Court of Appeal affirmed Jean Pierre Francis' criminal conviction but remanded the case for entry of a proper written order confirming his competency to stand trial, which had been made orally but not documented in a signed court order.
• Atwell v. Atwell
  730 So. 2d 858· Fla. 1st DCA· 1999-04-30 ·cited 8×·via Nunc Pro Tunc Judgment
  The court reversed an annulment of a 16-year marriage, holding that Florida courts must give full faith and credit to California's nunc pro tunc divorce judgment that retroactively finalized the wife's prior marriage dissolution before she married the husband in Florida. The annu
• Inquiry Concerning a Judge No. 95-412
  692 So. 2d 168· Fla.· 1997-04-17 ·cited 8×
  The Florida Supreme Court upheld a Judicial Qualifications Commission recommendation to remove County Court Judge June LaRan Johnson for knowingly and repeatedly backdating judicial records in DUI cases to circumvent Department of Motor Vehicles license suspension requirements. T
• ASH v. Dep't of Health & Rehabilitative Servs.
  649 So. 2d 305· Fla. 5th DCA· 1995-01-24 ·cited 8×
• Herzog Contracting Corp. v. McGOWEN Corp.
  976 F.2d 1062· 7th Cir.· 1992-10-01 ·cited 8×
  A Rule 59(e) motion, even if labeled nunc pro tunc, tolls the time for appeal if it is substantive, and parol evidence is admissible to show a promissory note was a sham not intended to be enforceable.
• LeBEAU v. Taco Bell, Inc.
  892 F.2d 605· 7th Cir.· 1989-12-27 ·cited 8×
  The court held that an appeal from a nunc pro tunc order clarifying a prior dismissal does not revive the time to appeal the original dismissal, and the clarification order itself was proper.
• Chapman v. Universal Underwriters Ins. Co.
  549 So. 2d 679· Fla. 1st DCA· 1989-07-07 ·cited 8×
  A trial court lacks jurisdiction to enter a nunc pro tunc order after an appeal has been taken, and such an order cannot vest appellate jurisdiction.
• Middleton v. DAN River, Inc.
  834 F.2d 903· 11th Cir.· 1987-12-21 ·cited 8×·via Nunc Pro Tunc Judgment
  The court held that the statute of limitations was equitably tolled for two plaintiffs due to fraudulent concealment by the employer, but not for a third plaintiff. The court also affirmed the sufficiency of evidence for occupational pneumoconiosis and the appropriateness of a nu
• Moore McCORMACK Lines, Inc. v. Int'l Terminal Operating Co., Inc.
  784 F.2d 1542· 2d Cir.· 1986-03-06 ·cited 8×
  The court held that the filing of a notice of appeal instead of a petition for leave to appeal, while procedurally improper, is not a jurisdictional defect and can be granted in the interests of substantial justice.