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

• Shrine v. Bertram Shrine
  454 So. 2d 26· Fla. 1st DCA· 1984-07-24 ·cited 8×
  Virginia Shrine appeals a trial court modification of alimony that failed to comply with this court's prior remand instructions to provide adequate support. The court finds the trial court's reduction of total payments from $1,000 to $900 per month did not satisfy the requirement
• In re Certain Special Counsel TO the Boston & Me. Corp.
  737 F.2d 115· 1st Cir.· 1984-06-12 ·cited 8×
  Attorneys hired under existing court orders, even if not perfectly compliant with procedural rules, should receive fees for valuable services rendered to the estate, especially in exceptional circumstances involving good faith reliance and confusion over authorization.
• Alexander v. State OF Md.
  719 F.2d 1241· 4th Cir.· 1983-10-20 ·cited 8×·via Nunc Pro Tunc Determination
  The court held that the state failed to prove Alexander would have been waived to adult court in 1961, and that his petition was not barred by laches under Habeas Rule 9(a).
• State v. Lazarus
  433 So. 2d 1314· Fla. 2d DCA· 1983-07-01 ·cited 8×
  The court held that the trial court erred in granting the defendant's motion to dismiss based on speedy trial grounds, as the speedy trial period had not yet expired.
• Howard v. Kerr Glass Mfg. Co.
  699 F.2d 330· 6th Cir.· 1983-02-09 ·cited 8×
  The court held that the trial court erred in denying the plaintiff's motion to amend the complaint to assert a breach of warranty theory, as the issue was adequately raised in the pre-trial order and no surprise to the defendant.
• Verone Marin Fehlhaber v. Fehlhaber
  669 F.2d 990· 5th Cir.· 1982-03-11 ·cited 8×
  The court held that while support and attorney fees judgments are enforceable, the property division judgment is not because the California court exceeded its jurisdiction by improperly offsetting community property assets in a non-statutory equitable action.
• McCoy Jamerson v. Estelle
  666 F.2d 241· 5th Cir.· 1982-01-25 ·cited 8×
  The court held that the defendant's Sixth Amendment right to a speedy trial was not violated despite a significant delay between indictment and trial, and that other alleged constitutional errors were without merit.
• Rawlins v. The United States
  646 F.2d 459· Ct. Cl.· 1980-11-19 ·cited 8×
  The Court of Claims has jurisdiction to adjudicate a claim for back pay and allowances arising from wrongful non-promotion, as authorized by a private law specifically conferring such jurisdiction.
• United States v. McKNIGHT
  593 F.2d 230· 3d Cir.· 1979-02-21 ·cited 8×
  The court held that it has the power to remand a case to the district court for a determination of excusable neglect, even if appellate jurisdiction is uncertain.
• Roberts v. Rehoboth Pharmacy, Inc.
  574 F.2d 846· 5th Cir.· 1978-06-08 ·cited 8×
  The court held that the district court abused its discretion in denying the plaintiff's motion to vacate the dismissal order.
• United States v. Nichelson
  550 F.2d 502· 8th Cir.· 1977-03-04 ·cited 8×·via Nunc Pro Tunc Determination
  The court held that the trial court erred in denying the defendant's motion for a psychiatric examination to determine competency to stand trial.
• Barton T. McLEAN v. McLEAN
  340 So. 2d 493· Fla. 1st DCA· 1976-12-03 ·cited 8×
  Barton McLean appealed a trial court order denying his request for a continuance of a custody modification hearing, and the final order denying his modification petition. The court held that the trial court properly denied the continuance and could enter a final order denying the
• Seneca Grape Juice Corp. v. The United States
  492 F.2d 1235· C.C.P.A.· 1974-02-28 ·cited 8×
  The court held that a notice of appeal is timely only upon receipt by the clerk, not upon mailing, and that the court cannot enlarge the statutory filing period.
• Brown v. COX
  467 F.2d 1255· 4th Cir.· 1972-10-04 ·cited 8×·via Nunc Pro Tunc Determination
  The court held that the district court must conduct a hearing to determine if the juvenile court's waiver of jurisdiction was appropriate, and the conviction should be vacated if it was not.
• United States v. Larchwood Gardens, Inc.
  404 F.2d 1108· 3d Cir.· 1968-12-12 ·cited 8×
  The court modified the fee awards for receivers, their attorney, and accountant, reducing some amounts based on the reasonableness of services rendered and the circumstances of the case.
• Fritz v. Sroczyk
  202 So. 2d 796· Fla. 1st DCA· 1967-10-03 ·cited 8×
  Fritz sued Sroczyk, and the case proceeded to trial resulting in judgment for Fritz. Sroczyk appealed, arguing the trial court erred in denying his motion to dismiss for failure to prosecute under Florida Statute 45.19, which requires dismissal when no action is taken for one yea
• In re Wiltse Bros. Corp. v. Dempster
  361 F.2d 295· 6th Cir.· 1966-05-19 ·cited 8×
  The Bankruptcy Court has summary jurisdiction to sell a bankrupt's property free of liens and transfer those liens to the proceeds, even if the property is not in the bankrupt's actual possession, and can enjoin lienholders from pursuing state court actions.
• Herpel v. Pfundston
  104 So. 2d 620· Fla. 2d DCA· 1958-07-30 ·cited 8×·via Nunc Pro Tunc Judgment
  Herpel, Inc. appealed from an order dismissing its slander complaint against Ann Pfundston. The appellate court dismissed the appeal because the order being appealed was not a final judgment—a subsequent order vacated the trial court's grant of leave to amend, but the appellant d
• Fed. Trade Comm'n v. Standard Educ. Soc.
  148 F.2d 931· 2d Cir.· 1945-04-24 ·cited 8×
  The court held that it lacked the power to amend its prior order retroactively because the intent to do so was not present at the time the order was issued.
• RAY v. United States
  121 F.2d 416· 7th Cir.· 1941-06-25 ·cited 8×·via Nunc Pro Tunc Judgment
  A party who procures an insurance policy through fraudulent misrepresentation cannot recover premiums paid after the fraud is discovered and the policy is avoided.
• Yancy v. State
  280 So. 3d 1112· Fla. 5th DCA· 2019-09-27 ·cited 7×·via Nunc Pro Tunc Determination
  A trial court must make an independent determination of a defendant's competency to proceed, even when the parties stipulate and expert evaluations support competency. Merely accepting the parties' stipulation without demonstrating independent review of the expert's report violat
• McCray v. State
  265 So. 3d 659· Fla. 1st DCA· 2019-01-22 ·cited 7×
  Keith McCray appeals his convictions for armed robbery, attempted armed robbery, and attempted felony murder. The court affirmed McCray's convictions but remanded to correct sentencing errors, specifically the imposition of certain costs and fines that were not permissible.
• In re Rules Governing Cap. Postconviction Actions
  763 So. 2d 273· Fla.· 2000-02-07 ·cited 7×
  The Florida Supreme Court adopted interim procedures for capital postconviction relief actions in response to confusion and challenges arising from the new Death Penalty Reform Act of 2000, pending further consideration of new rules and constitutional challenges.
• State v. Wood
  700 So. 2d 401· Fla. 1st DCA· 1997-09-03 ·cited 7×
  The court held that the motion for new trial was timely filed because the operative date for the 10-day period was the entry of the written order, not the oral finding. However, the court also held that the allegations in the order to show cause were sufficient.
• Stewart v. State
  608 So. 2d 536· Fla. 2d DCA· 1992-11-13 ·cited 7×
  Ernest Stewart appeals the summary denial of his motion to vacate or correct an illegal sentence under Rule 3.800(a). The trial court amended Stewart's sentence via nunc pro tunc order to reflect a habitual felony offender sentence, but the appellate court reversed and remanded b
• THE Florida BAR v. Levine
  571 So. 2d 420· Fla.· 1990-11-29 ·cited 7×
  The court held that disbarment is the appropriate discipline for a lawyer convicted of securities fraud, even with mitigating factors, and ordered disbarment nunc pro tunc to the date of the criminal conviction suspension.
• Cora Messana v. Messana
  421 So. 2d 48· Fla. 4th DCA· 1982-10-27 ·cited 7×·via Nunc Pro Tunc Judgment
• Applestein v. Alberring
  291 So. 2d 206· Fla. 3d DCA· 1974-03-12 ·cited 7×
  Defendant-appellant challenged a nunc pro tunc order dismissing his counterclaim with prejudice. The appellate court affirmed, holding that the nunc pro tunc order properly corrected the trial court's record to reflect its original intent to dismiss the counterclaim with prejudic
• S. Ry. Co. v. Wood
  175 So. 2d 812· Fla. 1st DCA· 1965-05-18 ·cited 7×
  The appellate court vacated a final judgment against the Southern Railway Company and remanded the case for a new trial. The court found that the trial court improperly restricted the jury's deliberations by deeming the railway company's employment of the deceased as admitted, du
• D. E. R. Co. v. Warriner
  156 So. 2d 183· Fla. 3d DCA· 1963-09-24 ·cited 7×
  This case involves a motion by the appellee to enforce a mandate after an appeal. The appellate court clarifies that the appellee is only entitled to the amount awarded in the final amended judgment, not more, and orders a corrected mandate to be reissued.
• Alagabara Awolowo v. State
  389 So. 3d 788· Fla. 1st DCA· 2024-05-22 ·cited 6×
  A trial court does not fundamentally err by failing to conduct a competency hearing and enter a written determination of competency when the record shows no reasonable grounds to believe the defendant was incompetent to proceed, even if the trial court has ordered an expert evalu
• Pamphile v. State
  260 So. 3d 1185· Fla. 1st DCA· 2018-12-31 ·cited 6×
  The Florida First District Court of Appeal dismissed a petition for belated appeal of a September 18, 2017 order declaring petitioner competent to proceed nunc pro tunc to the time of trial. The dismissal was based on a jurisdictional defect: no independently appealable order had
• Pittman v. State
  254 So. 3d 494· Fla. 4th DCA· 2018-09-20 ·cited 6×
  A defendant cannot stipulate to the ultimate issue of competency; the trial court must make an independent determination. A stipulation to competency alone does not constitute an agreement between the parties to decide competency based on the expert's written report, and the tria
• Pamphile v. State
  216 So. 3d 765· Fla. 1st DCA· 2017-05-02 ·cited 6×
  Preston Pamphile sought postconviction relief arguing his appellate counsel provided ineffective assistance on multiple grounds. The court found merit in only one argument—that the trial court failed to expressly adjudicate his competency to stand trial despite appointing a compe
• FOX v. State
  166 So. 3d 894· Fla. 4th DCA· 2015-06-03 ·cited 6×
  The court held that a motion to withdraw a plea filed more than 30 days after sentencing, even after a subsequent sentence mitigation, is untimely and the trial court is not required to appoint counsel.
• Jovan Howard v. State
  139 So. 3d 975· Fla. 4th DCA· 2014-06-11 ·cited 6×·via Nunc Pro Tunc Correction
  The court held that the trial court should have treated the motion to correct the record as a rule 1.540(a) motion and reconsidered it on the merits.
• Wilkinson v. Susanne L. Clarke
  91 So. 3d 897· Fla. 2d DCA· 2012-06-29 ·cited 6×
  The Florida District Court of Appeal reversed a trial court's summary judgment in favor of a property trust in a tax assessment contest because the court lacked jurisdiction. The appellants challenged the trial court's authority to enter judgment after the taxpayer failed to pay
• THE Florida BAR v. Dove
  985 So. 2d 1001· Fla.· 2008-06-12 ·cited 6×
  The Florida Bar disciplined attorney Joyce Sibson Dove for serious professional misconduct in an adoption case involving material misrepresentations to courts, failure to disclose material facts in ex parte proceedings, and violation of competence and candor rules. The Florida Su
• Bailey v. State
  931 So. 2d 224· Fla. 1st DCA· 2006-06-14 ·cited 6×
• Kenny v. State
  916 So. 2d 38· Fla. 4th DCA· 2005-12-07 ·cited 6×
  Timothy Kenny appealed his sentencing in four cases, arguing that sentences in two 1998-1999 cases should follow the 1995 sentencing guidelines rather than 1998 guidelines. The trial court restructured all four sentences despite Kenny's motion to correct sentencing errors address
• Brinkley v. State
  898 So. 2d 1175· Fla. 2d DCA· 2005-04-06 ·cited 6×
  Nathan Brinkley appeals his first-degree murder conviction, challenging the successor trial judge's denial of motions to suppress evidence without conducting new evidentiary hearings as required by Florida law. The appellate court reverses and remands because the successor judge
• Newsom v. State
  869 So. 2d 619· Fla. 5th DCA· 2004-03-12 ·cited 6×
  Eric Newsom challenges his conviction for violating Florida's sexual offender registration and reporting requirements, arguing the statute should not apply to him because an illegal sentence delayed his release until after the statute's effective date. The Florida District Court
• Beck v. State
  817 So. 2d 858· Fla. 5th DCA· 2002-04-05 ·cited 6×
  Beck appeals from convictions for aggravated battery, felony DUI, and felony failure to appear after entering no contest pleas. The Fifth District affirmed the departure sentences despite the trial court's failure to timely file written reasons for departure, and affirmed the fai
• Brown v. State
  786 So. 2d 1257· Fla. 5th DCA· 2001-06-15 ·cited 6×
  The court held that a written sentencing order must conform to the trial court's oral pronouncement.
• Beraglia v. Owens-Corning Fiberglas Corp. & W.R. Grace Company-Conn.
  606 So. 2d 1213· Fla. 3d DCA· 1992-10-06 ·cited 6×
  The court held that the plaintiffs properly pled a cause of action for strict liability in tort, and the dismissal of this count was not harmless error.
• In re Hall v. Hall
  939 F.2d 802· 9th Cir.· 1991-07-26 ·cited 6×
  A district court may dismiss a bankruptcy case for improper venue, but such dismissal must be without prejudice, and the court cannot make independent factual findings on bad faith filing, which requires remand to the bankruptcy court.
• Mims v. State
  569 So. 2d 864· Fla. 5th DCA· 1990-11-08 ·cited 6×
  The court held that while the trial court had the authority to correct a sentence to reflect a mandatory minimum, the corrected sentence must clearly state credit for time already served and not be a new sentence.
• McNEALY v. State
  549 So. 2d 248· Fla. 5th DCA· 1989-09-28 ·cited 6×
  The appellate court affirmed a conviction for possession of cocaine with intent to sell, holding that the circuit court had subject matter jurisdiction over the felony charge, regardless of the judge's specific authorization to preside.
• Reid v. White Motor Corp.
  886 F.2d 1462· 6th Cir.· 1989-09-28 ·cited 6×
  The court held that the appeal was timely because the district court's clerical error in docketing prevented the accrual of the appeal period, and the bankruptcy court's failure to file a separate judgment entry also rendered the initial appeal untimely, but this defect was waive
• Scutieri v. Est. OF Phil Revitz
  510 So. 2d 1003· Fla. 3d DCA· 1987-07-14 ·cited 6×
  This appeal concerns whether estate creditors may file a late statement of claim in probate court. The Third District Court of Appeal reversed the trial court's denial of the creditors' motion for leave to file a nunc pro tunc claim statement thirty-three days late, holding that