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

• In re Ark. Co., Inc.
  798 F.2d 645· 3d Cir.· 1986-08-13 ·cited 6×
  Bankruptcy courts have the equitable power to grant retroactive approval of professional employment in extraordinary circumstances, but mere oversight or inadvertence by counsel does not constitute such circumstances.
• Cornett v. Avco Fin. Servs.
  792 F.2d 447· 4th Cir.· 1986-06-06 ·cited 6×
  The court held that the plaintiff's failure to commence state age discrimination proceedings in the proper state forum, West Virginia, barred his ADEA suit, and the district court did not abuse its discretion in refusing to waive this requirement due to EEOC error.
• Bankers Ins. Co. v. State
  437 So. 2d 708· Fla. 2d DCA· 1983-07-06 ·cited 6×
  Bankers Insurance Company, as surety on bail bonds for seven defendants charged with RICO and marijuana trafficking offenses, appeals the trial court's denial of its motion to set aside a judgment of bond estreature. The court affirmed, holding that amendments to the criminal cha
• In re the Matter of the Adoption OF R.A.B.
  426 So. 2d 1203· Fla. 4th DCA· 1983-02-09 ·cited 6×·via Nunc Pro Tunc Judgment
  The Florida Fourth District Court of Appeal reversed a trial court's dismissal with prejudice of a stepparent adoption petition after the stepfather died before the adoption could be finalized. The court held that while posthumous adoption decrees cannot be granted, the child may
• Betts v. Reliable Collection Agency, Ltd.
  659 F.2d 1000· 9th Cir.· 1981-10-19 ·cited 6×
  The district court erred in creating a subclass for Social Security recipients under Rule 23(c)(4) because the purported representative was not a member of the class at the time of creation, and the subclass did not independently meet class action requirements.
• Lancey Williams v. State
  397 So. 2d 1044· Fla. 4th DCA· 1981-05-13 ·cited 6×
  The appellate court held that the trial court's failure to explicitly state a finding of voluntariness for a confession is not reversible error if the record clearly demonstrates the judge fulfilled this duty, even if a written order is missing.
• In re Alleghany Corp.
  634 F.2d 1148· 8th Cir.· 1980-12-03 ·cited 6×
  The court held that mandamus is not appropriate to review the district court's orders regarding class certification and notice because the petitioners failed to demonstrate a clear abuse of judicial power or usurpation of jurisdiction.
• Mason v. Commissioner OF Internal Revenue
  646 F.2d 1309· 9th Cir.· 1980-09-05 ·cited 6×
  The court held that a shareholder could deduct the losses of a Subchapter S corporation when the bankruptcy trustee abandoned the corporation's stock.
• Davis v. State
  356 So. 2d 1252· Fla. 4th DCA· 1978-02-21 ·cited 6×·via Nunc Pro Tunc Judgment
  Davis was convicted of attempted burglary of a motor vehicle and possession of burglary tools. The appellate court reversed and remanded for a new trial on the possession of burglary tools count due to the trial court's violation of Davis's Fifth Amendment right to remain silent
• United States v. Abrams
  476 F.2d 1067· 7th Cir.· 1973-03-27 ·cited 6×
  The court held that the defendant received the induction order and that the offense of failure to report for induction imposes a continuing duty to report, affirming the conviction.
• Veasey v. Bd. OF Pub. Instruction
  247 So. 2d 80· Fla. 4th DCA· 1971-02-17 ·cited 6×
  An administrative agency expelling a student must enter a written order containing specific findings of fact related to the charges, and a reconstituted board may do so without rehearing testimony if it carefully reviews the original record.
• In re Standard Brass Corp. v. The Farmers Nat'l Bank OF Belvidere
  388 F.2d 86· 7th Cir.· 1967-12-21 ·cited 6×
  The court held that taking jurisdiction of encumbered property with no equity for the estate and selling it free of lien over the lienor's objection, resulting only in subjecting it to costs of administration, was an abuse of discretion.
• Todd v. Joint Apprenticeship Comm.
  332 F.2d 243· 7th Cir.· 1964-05-26 ·cited 6×
  The court held that the case became moot before the preliminary injunction was entered, requiring vacation of the lower court's orders and dismissal of the complaint.
• Ellis W. Ballard et ux. v. Hopkins
  142 So. 2d 738· Fla. 2d DCA· 1962-06-20 ·cited 6×·via Nunc Pro Tunc Judgment
  The appellate court dismissed an appeal for lack of jurisdiction because the appellants filed their notice of appeal from a jury verdict rather than from a final judgment, and the judgment subsequently entered was dated after the appeal was filed. This case clarifies that a jury
• Leary v. United States
  268 F.2d 623· 9th Cir.· 1959-05-18 ·cited 6×
• Fooks v. United States
  246 F.2d 629· D.C. Cir.· 1956-07-12 ·cited 6×
• Paradise Land & Livestock Co. v. Fed. Land Bank of Berkeley
  131 F.2d 950· 10th Cir.· 1942-11-13 ·cited 6×
  The bankruptcy court has the authority to reconsider, change, or modify an order fixing rental during the three-year stay period, based on the revenue derived from the property.
• Paradise Land & Livestock Co. v. Fed. Land Bank of Berkeley
  118 F.2d 215· 10th Cir.· 1941-01-16 ·cited 6×
  The court held that a nunc pro tunc stay order cannot retroactively create a default for rental payments that were not yet due.
• Godard v. Peyton C. Crenshaw
  136 Fla. 78· Fla.· 1938-08-01 ·cited 6×
  In this creditors' bill case, the Florida Supreme Court affirmed the dismissal of Godard's complaints alleging fraudulent conveyances. The Court held that Godard failed to adequately plead essential elements of a fraudulent transfer claim, specifically failing to allege that the
• Krueger v. Acme Fruit Co.
  129 Fla. 107· Fla.· 1936-12-31 ·cited 6×
  Trueman Fertilizer Company sought to intervene in a creditors' bill action filed by the Kruegers against Acme Fruit Company. The trial court dismissed the complaint without acting on the intervention petition, and the Florida Supreme Court reversed, holding that a petition to int
• Auerbach v. State
  273 So. 3d 134· Fla. 3d DCA· 2019-02-20 ·cited 5×
  A trial court must make an independent determination of a defendant's competency based on expert reports and other relevant factors; a mere stipulation by the parties to competency is insufficient. Where a competency hearing is held years before trial with experts who did not exa
• King v. State
  263 So. 3d 244· Fla. 2d DCA· 2019-01-25 ·cited 5×
  A trial court commits fundamental error by failing to conduct a competency hearing and render a written order on competency after appointing experts to evaluate the defendant. Although the trial court also erred in failing to instruct the jury of a rebuttable presumption of insan
• Johnson v. State
  264 So. 3d 259· Fla. 1st DCA· 2019-01-22 ·cited 5×
  Jesse Johnson petitioned for relief based on ineffective appellate counsel in his previously affirmed 2015 burglary conviction. The court found that appellate counsel was ineffective for failing to raise the trial court's error in ordering a competency evaluation but failing to h
• Pollard v. State
  254 So. 3d 984· Fla. 4th DCA· 2018-09-05 ·cited 5×
  A trial court that fails to conduct a competency hearing prior to trial may make a nunc pro tunc finding of competency based on contemporaneous evaluations if it can do so while respecting due process, but if not, must conduct a new trial.
• Walker v. State
  237 So. 3d 1162· Fla. 1st DCA· 2018-02-09 ·cited 5×
  The trial court committed reversible error by failing to hold a competency hearing and adjudicate the defendant's mental competency after reasonable grounds to question it were presented.
• Ortiz v. State
  55 So. 3d 724· Fla. 5th DCA· 2011-03-04 ·cited 5×
• Childs v. State
  44 So. 3d 216· Fla. 2d DCA· 2010-09-22 ·cited 5×
• State v. Stang
  41 So. 3d 206· Fla.· 2010-07-08 ·cited 5×·via Nunc Pro Tunc Correction
  The dissenting opinion argues that the district court erred in releasing the defendant, asserting that the defendant's habeas corpus petitions were procedurally barred because the issues raised could have and should have been addressed in prior direct appeals or postconviction mo
• Royce M. Reed v. State
  880 So. 2d 1269· Fla. 3d DCA· 2004-09-01 ·cited 5×
  Reed appeals his habitual violent felony offender sentence, arguing that a prior conviction used to enhance it was not final because sentencing had not yet occurred. The Florida District Court of Appeal affirms, holding that for habitual offender purposes, 'conviction' means adju
• Kirchoff v. Jenne
  819 So. 2d 959· Fla. 4th DCA· 2002-06-26 ·cited 5×·via Nunc Pro Tunc Judgment
  Kirchoff and Rivenbark appealed a judgment declaring two motorcycles "lost or abandoned" and vesting title in the Sheriff's office. The court reversed, finding the judgment void because the Sheriff failed to provide constitutionally adequate notice to the known owners and their c
• Rivera v. State
  638 So. 2d 148· Fla. 4th DCA· 1994-06-08 ·cited 5×
  Michael Rivera appealed his resentenced conviction for attempted first-degree murder and kidnapping, arguing he did not receive proper credit for time served on his original sentence. The court reversed and remanded, holding that Rivera was entitled to credit for nearly seven yea
• Kickapoo Tribe OF Oklahoma v. Rader
  822 F.2d 1493· 10th Cir.· 1987-07-02 ·cited 5×
  The court held that Antonio Anico's parental rights were terminated without adequate notice in violation of due process, but the state court's determination that the Indian Child Welfare Act (ICWA) did not apply was binding on federal courts due to res judicata.
• In re Pierce v. AETNA Life Ins. Co.
  809 F.2d 1356· 8th Cir.· 1987-01-27 ·cited 5×
  An attorney's failure to perfect a statutory lien under state law, such as by failing to file notice, renders the lien avoidable by a bankruptcy trustee under 11 U.S.C. § 545(2). Furthermore, an attorney holding a prepetition mortgage on debtor property is not a disinterested per
• Welch v. Lilly V. McKENZIE
  777 F.2d 191· 5th Cir.· 1985-11-21 ·cited 5×
  The court denied plaintiffs leave to proceed before the district court on their Rule 60 motion because it was filed more than one year after the judgment was entered.
• Erlacher v. Erlacher
  289 So. 2d 459· Fla. 4th DCA· 1974-02-08 ·cited 5×
  Arthur Erlacher was held in contempt for violating a post-divorce order by transferring property while under a restraint. The Florida appellate court reversed, finding the property transfer occurred outside the 120-day stay period due to the nunc pro tunc effective date, and hold
• Jones v. State
  347 So. 3d 1273· Fla. 5th DCA· 2022-12-30 ·cited 4×
  Once a defendant's competency is questioned, the trial court must make an independent, legal determination of competency before proceeding to trial, regardless of whether the defendant withdraws his incompetency notice.
• Dubon v. State
  295 So. 3d 259· Fla. 4th DCA· 2020-04-22 ·cited 4×
  The convictions for first-degree murder and armed kidnapping are affirmed. The trial court did not abuse its discretion in excluding photographs of appellant in Honduras taken months before the murder as irrelevant to his alibi defense, and the prosecutor's closing argument chall
• Ramsay v. State
  291 So. 3d 963· Fla. 4th DCA· 2020-03-04 ·cited 4×
  Robert Ramsay appeals a nunc pro tunc competency order entered on remand following a prior appellate decision. The appellate court treats the appeal as a motion to enforce its original mandate and reverses the trial court's order because it failed to comply with the specific rema
• Johnson v. State
  266 So. 3d 234· Fla. 2d DCA· 2019-03-01 ·cited 4×
  A trial court's oral finding of competency, made after reviewing expert reports and observing the defendant's demeanor, satisfies due process requirements even without a contemporaneous written order, but Florida Rule of Criminal Procedure 3.212(b) mandates entry of a written com
• Nashwa Holt v. Eric v. Holt
  257 So. 3d 1155· Fla. 1st DCA· 2018-10-31 ·cited 4×
  Former wife Nashwa Holt appeals a trial court order that granted former husband Eric Holt relief from a 2010 order vacating their 2010 final judgment of dissolution, which the trial court found was procured through former wife's forgery of his signature. The court held that while
• Burney v. State
  247 So. 3d 650· Fla. 5th DCA· 2018-05-18 ·cited 4×
  The court held that a trial court errs by finding a defendant competent to proceed based solely on a stipulation, rather than making an independent determination.
• Volmir Charles v. State
  246 So. 3d 436· Fla. 4th DCA· 2018-05-16 ·cited 4×
  Once a trial court orders a competency examination based on reasonable grounds, it must conduct a hearing and enter a written order on the competency issue; failure to do so constitutes fundamental error requiring reversal.
• D.B. v. State
  222 So. 3d 627· Fla. 4th DCA· 2017-06-21 ·cited 4×
  A juvenile defendant appealed his delinquency adjudication on two grounds: insufficient evidence of specific intent to strike a school employee, and the trial court's failure to make competency findings despite ordering a competency evaluation. The appellate court affirmed on the
• Zieler v. State
  220 So. 3d 1190· Fla. 4th DCA· 2017-05-31 ·cited 4×
  Courtney Desmond Zieler appeals his conviction for resisting without violence, burglary of a dwelling, and grand theft. The Fourth District Court of Appeal reversed and remanded because the trial court failed to rule on a pending competency evaluation despite ordering one, violat
• Guelmer J. Escobar v. State
  189 So. 3d 1029· Fla. 4th DCA· 2016-04-13 ·cited 4×
  In this Anders appeal of a probation revocation, the Fourth District Court of Appeal affirmed the defendant's conviction and sentence while receding from prior precedent (Harris v. State) to hold that trial courts retain jurisdiction to enter written orders memorializing oral pro
• Flowers v. State
  143 So. 3d 459· Fla. 1st DCA· 2014-07-22 ·cited 4×
  The court held that while a written order of competency is required, the proper remedy for its absence is to affirm the judgment and remand for entry of a nunc pro tunc order.
• SUN Harbor Homeowners' Ass'n, Inc. v. Bonura
  95 So. 3d 262· Fla. 4th DCA· 2012-06-13 ·cited 4×
  Sun Harbor Homeowners' Association appealed a bench trial judgment in favor of homeowner Bonura, who claimed his fiancée's dog qualified as a reasonable accommodation under federal and state fair housing laws despite the community's no-dogs policy. The court reversed, holding tha
• Hardin v. Monroe Cnty.
  64 So. 3d 707· Fla. 3d DCA· 2011-05-18 ·cited 4×
  Michele Hardin appealed a code enforcement board's violation order after more than ten years of litigation, challenging three orders issued by the Special Master. The District Court of Appeal granted her petition for certiorari, quashing the Circuit Court's jurisdictional finding
• THE Florida BAR v. Irish
  48 So. 3d 767· Fla.· 2010-11-04 ·cited 4×
  The Florida Supreme Court reviewed a referee's recommendation to disbar attorney Philip David Irish for professional misconduct stemming from six felony drug convictions and widespread client neglect and misappropriation. The Court approved disbarment, finding that Irish's drug a
• The Fla. Bar re Gary H. Untracht
  923 So. 2d 457· Fla.· 2006-02-16 ·cited 4×
  The Florida Supreme Court denied reinstatement of attorney Gary H. Untracht to the Florida Bar, applying its established rule that an attorney disbarred in his home state cannot be reinstated in Florida unless he has first been readmitted in the home state. Although Untracht had