Void Ab Initio

281 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Weinberger v. The Bd. of Pub. Instruction of St. Johns Cnty.
  93 Fla. 470· Fla.· 1927-03-10 ·cited 274×
  A Florida property owner challenged school district bonds whose maturity schedule violated the state Constitution's mandatory requirements. The Supreme Court held that bonds issued in violation of express constitutional provisions are void ab initio and cannot be validated by leg
• Green v. State
  839 So. 2d 748· Fla. 2d DCA· 2003-01-31 ·cited 153×
  The Second District Court of Appeal held that the Florida legislature cannot retroactively apply reenacted criminal statutes to the effective date of an earlier law that was struck down as violating the single subject requirement of the Florida Constitution. Cedric Green was sent
• Town OF Palm Beach v. Jules T. Gradison
  296 So. 2d 473· Fla.· 1974-05-01 ·cited 99×
  The Florida Supreme Court held that a citizens' planning committee established by the Town of Palm Beach to help formulate a zoning ordinance was subject to the Government in the Sunshine Law and must hold open public meetings. Because the committee met privately without public n
• Brigadier General Roland F. Cinciarelli v. The Honorable Ronald Reagan
  729 F.2d 801· D.C. Cir.· 1984-03-06 ·cited 68×
  The court held that the government's initial defense regarding the interpretation of the 'period of agreement' was substantially justified, but its second defense, claiming the agreement was void ab initio, was not. Therefore, the plaintiff is entitled to attorney fees for litiga
• Maseda v. Honda Motor Co., Ltd.
  861 F.2d 1248· 11th Cir.· 1988-12-19 ·cited 57×
  The federal district court had ancillary jurisdiction over the indemnity cross-claim after removal, and the Anti-Injunction Act permitted enjoining the state court. However, the district court erred in denying attorney's fees to the cross-claimant under Florida law.
• Tolar v. The Sch. Bd. OF Liberty Cnty.
  398 So. 2d 427· Fla.· 1981-03-26 ·cited 48×
  The Florida Supreme Court held that a school board's public vote to abolish an employee's position was valid despite prior private discussions of the matter, because the formal action was taken at a properly noticed public meeting where the affected employee could participate. Th
• Kauffman v. Puerto RICO Tel. Co.
  841 F.2d 1169· 1st Cir.· 1988-02-03 ·cited 44×
  The court held that plaintiffs hired in violation of PRTC regulations had no property interest in their employment and thus no due process claim, and that they failed to present sufficient evidence of political motivation for their dismissals to survive summary judgment.
• Ingber v. Enzor
  841 F.2d 450· 2d Cir.· 1988-03-01 ·cited 40×
  The court held that the McNally decision, limiting mail fraud to property rights, applies retroactively to convictions based on intangible rights, requiring vacatur of a conviction based on a general verdict where one theory was impermissible.
• WM Specialty Mortg., LLC v. Salomon
  874 So. 2d 680· Fla. 4th DCA· 2004-05-26 ·cited 39×
  WM Specialty Mortgage appealed a trial court order dismissing its mortgage foreclosure complaint with prejudice and vacating the default entered against the borrower Salomon. The court affirmed the vacation of default but reversed the dismissal, holding that the timing discrepanc
• Dep't OF Transp. v. Weisenfeld
  617 So. 2d 1071· Fla. 5th DCA· 1993-03-26 ·cited 39×
  Summary judgment on liability for a temporary regulatory taking cannot be granted without evidence that a regulatory action deprived the owner of all or substantial economic use of the affected property. A regulation that goes too far may constitute a taking, but only if the owne
• Sparks v. Ewing
  120 Fla. 520· Fla.· 1935-05-01 ·cited 35×
  The Florida Supreme Court reversed a decree enjoining taxation for municipal bonds, holding that bonds previously validated by judicial decree and not appealed are conclusively valid and binding, even if the underlying statutory construction was arguably erroneous, provided they
• Cardegna v. Buckeye Check Cashing, Inc.
  894 So. 2d 860· Fla.· 2005-01-20 ·cited 30×
  The Florida Supreme Court held that when a party alleges a contract is void under Florida law (here, for usury), a trial court—not an arbitrator—must first determine the contract's legality before any arbitration clause can be enforced. The court quashed the Fourth District's dec
• United States v. Bennie Graves
  554 F.2d 65· 3d Cir.· 1977-03-02 ·cited 30×
  The court affirmed Graves' conviction under 18 U.S.C. § 922(a)(6) for making a false statement on a firearms form, but reversed his conviction under 18 U.S.C. § 1202(a) because the underlying felony conviction used to establish his status was unconstitutional.
• Wm. H. Garlington v. Priest
  13 Fla. 559· Fla.· 1869-01-01 ·cited 30×
  The Florida Supreme Court reversed a judgment on a bond executed under a Civil War-era stay-of-execution statute, holding that the statute was void as contrary to the U.S. Constitution because it contemplated the success of the Confederacy and the destruction of the Union.
• 14302 Marina SAN Pablo Place SPE, LLC v. Vcp-San Pablo, Ltd.
  92 So. 3d 320· Fla. 1st DCA· 2012-07-27 ·cited 29×
• Grapski v. City OF Alachua
  31 So. 3d 193· Fla. 1st DCA· 2010-01-21 ·cited 28×
  Grapski and Canney challenged a Florida city's refusal to timely disclose Board of Canvassers minutes before the city commission approved them. The court held that the city violated public records and open meetings laws by denying timely access to the minutes, reversed the trial
• Jones v. State
  872 So. 2d 938· Fla. 5th DCA· 2004-03-26 ·cited 28×
  Richard Jones challenges his sentences for aggravated assault on a law enforcement officer, which included mandatory minimum sentences imposed under Chapter 02-209, a 2002 legislative reenactment of an unconstitutional 1999 statute. The Fifth District Court of Appeal, sitting en
• In re Est. of Michael R. Baker v. Baker
  327 So. 2d 205· Fla.· 1976-02-05 ·cited 28×
  An order removing an administrator and voiding letters of administration is a final determination of that party's rights and is therefore appealable.
• Dilley v. Alexander
  627 F.2d 407· D.C. Cir.· 1980-05-15 ·cited 27×
  The court clarified its prior opinion, holding that appellants are entitled to retroactive reinstatement with full back pay, allowances, and other benefits of constructive service, as the Army's interpretation denying such retroactivity was contrary to the court's intent and gene
• Mar. Elec. Co., Inc. v. United Jersey Bank
  959 F.2d 1194· 3d Cir.· 1991-12-02 ·cited 26×
  The New Jersey district court retained subject matter jurisdiction over claims related to a bankruptcy case filed in another district, and its proceedings were not automatically voided by the bankruptcy filing.
• Concepcion S. Wabol v. Victorino Villacrusis
  958 F.2d 1450· 9th Cir.· 1990-02-20 ·cited 26×
  The court held that the right to acquire long-term interests in NMI real estate is not a fundamental right protected by the U.S. Constitution, and that Article XII of the NMI Constitution, restricting such acquisitions to persons of Northern Marianas descent, is valid. The court
• Mesa Operating Ltd. P'ship v. La. Intrastate GAS Corp.
  797 F.2d 238· 5th Cir.· 1986-08-18 ·cited 26×
  The court held that diversity jurisdiction exists based on the citizenship of the general partners alone, and that the Federal Arbitration Act applies to the contract, making the validity issue arbitrable.
• Roberts v. Rogers C. B. Morton
  549 F.2d 158· 10th Cir.· 1976-11-19 ·cited 26×
  The court held that mining claims can be declared void if claimants fail to properly locate them according to federal and state laws, and if they cannot demonstrate the discovery of a valuable mineral deposit that is marketable at a profit.
• Hahn v. Gray, Jr.
  203 F.2d 625· D.C. Cir.· 1953-04-02 ·cited 26×
  The court held that the Economy Act divested federal courts of jurisdiction to review the Administrator's decision regarding pension benefits, and even if review were possible, the annulment decree did not retroactively validate the plaintiff's status as an unremarried widow.
• Gotshall v. Carene Grant Taylor
  196 So. 2d 479· Fla. 4th DCA· 1967-03-21 ·cited 25×
  A voluntary conveyance of homestead property without consideration, even through a straw man to create an estate by the entireties, is void ab initio as to the rights of homestead beneficiaries.
• Courtney v. Courtney
  108 Fla. 276· Fla.· 1933-02-14 ·cited 25×
  The court addressed a motion for suit money and counsel fees filed by the appellant (wife) in an appeal of a marriage annulment case. The court held that the husband must pay for the costs of preparing the appeal transcript, even though the lower court ruled against the wife on t
• Robbins v. State
  413 So. 2d 840· Fla. 3d DCA· 1982-05-11 ·cited 24×
  Ernest Robbins challenges his conviction and sentence for robbery and unlawful display of a firearm. The court held that because the firearm display occurred during the robbery itself and constituted the force element of the robbery, separate sentencing for both offenses violated
• Apperson v. United States Fid. & Guar. Co.
  318 F.2d 438· 5th Cir.· 1963-06-07 ·cited 23×
  An applicant's reaffirmation of false statements, even after an insurer's initial investigation, constitutes new material representations upon which the insurer can rightfully rely, justifying rescission of the policy.
• United Auto. Ins. Co. v. Salgado
  22 So. 3d 594· Fla. 3d DCA· 2009-08-05 ·cited 22×
  United Automobile Insurance Company sought certiorari review of a circuit court decision affirming a declaratory judgment that an insured's no-fault motor vehicle insurance policy remained valid despite the insurer's attempt to rescind it for material misrepresentation. The Flori
• Belflower v. Dep't of Health & Rehabilitative Servs.
  578 So. 2d 827· Fla. 5th DCA· 1991-04-25 ·cited 22×
  Sharon Belflower appealed the termination of her parental rights, arguing she was not advised of her right to counsel at the dependency hearing as required by Florida statute. The Fifth District Court of Appeal reversed and remanded, holding that while the underlying dependency a
• Monroe Cnty. v. Pigeon KEY Historical Park, Inc.
  647 So. 2d 857· Fla. 3d DCA· 1994-07-12 ·cited 20×
  Monroe County and the Pigeon Key Preservation Foundation appealed a trial court's invalidation of a 30-year lease, arguing that Sunshine Law violations in preliminary Advisory Committee meetings were cured by subsequent public hearings and corrective final action by the Commissio
• Goodell v. Goodell
  421 So. 2d 736· Fla. 4th DCA· 1982-11-10 ·cited 20×
  A former wife appealed her contempt conviction for violating a perpetual injunction in a divorce decree that prohibited harassment, hurting, or molesting her former husband. The court affirmed the contempt finding and held that perpetual injunctions in domestic relations cases ar
• Ricker v. The United States
  396 F.2d 454· Ct. Cl.· 1968-06-14 ·cited 20×
  The court held that a Selection Board's recommendation, if based on an illegally constituted board, does not render the Secretary's personnel action void, but may be considered arbitrary and capricious.
• Port Everglades Auth. v. Int'l Longshoremen's Ass'n
  652 So. 2d 1169· Fla. 4th DCA· 1995-03-08 ·cited 18×
  The Port Everglades Authority violated Florida's Sunshine Law by excluding competing bidders from presentations during a crane maintenance contract selection process. The court invalidated the resulting contract award but reversed the trial court's retention of broad, ongoing jur
• Sikes v. Global Marine, Inc.
  881 F.2d 176· 5th Cir.· 1989-08-25 ·cited 18×
  The bankruptcy court's orders modifying the automatic stay did not validate the Sikes' otherwise void personal injury complaint filed in violation of the stay.
• Schneberger v. Wheeler
  859 F.2d 1477· 11th Cir.· 1988-11-10 ·cited 18×
  The court held that appellants failed to present sufficient evidence to raise a genuine issue of material fact regarding U.S. Trust's liability under securities laws or commercial paper claims, and that U.S. Trust was a holder in due course.
• Chapman v. Chapman
  526 So. 2d 131· Fla. 3d DCA· 1988-05-10 ·cited 18×
  This case involves a dispute over homestead property where Frank Chapman's 1955 deed attempting to convey property to himself and his second wife Edna was void under the 1885 Florida Constitution because Edna did not join as a grantor. The court affirmed that Edna held only a lif
• United States v. Leach
  749 F.2d 592· 10th Cir.· 1984-11-26 ·cited 18×
  The court held that the trial court did not err in denying the defendant's motions to dismiss, suppress statements, or for acquittal, affirming the conviction.
• Phoenix Sav. & Loan, Inc. v. The AETNA Cas. & Sur. Co.
  427 F.2d 862· 4th Cir.· 1970-06-08 ·cited 18×
  The court held that the district court erred in directing a verdict for the insurer because conflicting inferences could be drawn from the undisputed facts regarding the degree of control exercised by the alleged malefactors over the corporation, thus precluding summary judgment
• Saturn OIL & GAS Co. v. N. Natural GAS Co.
  359 F.2d 297· 8th Cir.· 1966-05-04 ·cited 18×
  The court held that the March 27, 1957, agreement did not establish a new gas price but merely postponed renegotiation, and that the invalidation of the Kansas minimum price order returned the parties to their original contract rate.
• Summer Jasser v. Saadeh
  97 So. 3d 241· Fla. 4th DCA· 2012-07-18 ·cited 17×
  The Fourth District Court of Appeal affirmed summary judgment voiding a trust agreement executed by Karim Saadeh while an emergency temporary guardian held all his legal rights except voting. The court held that Saadeh lacked legal capacity to create the trust because the ETG's a
• United States v. Taylor
  935 F.3d 1279· 11th Cir.· 2019-08-28 ·cited 16×
  Two defendants charged with child pornography crimes challenged the use of evidence obtained through a Network Investigative Technique (NIT) warrant that authorized a nationwide remote-access search of computers accessing a Tor-based child pornography website. The Eleventh Circui
• The United States v. Amdahl Corp.
  786 F.2d 387· Fed. Cir.· 1986-03-06 ·cited 16×
  The court held that the GSBCA erred in ruling that 40 U.S.C. § 759(h)(6)(B) did not apply, as the statute creates a presumption of validity for goods delivered and accepted before procurement authority revocation. The court vacated the portion of the decision regarding the effect
• Lopez v. Life Ins. Co. OF Am.
  406 So. 2d 1155· Fla. 4th DCA· 1981-11-04 ·cited 16×
  Jim Lopez sued his life insurance company for negligence and bad faith after his wife obtained multiple life insurance policies on his life without his knowledge, then attempted to murder him. The court reversed the trial court's dismissal, holding that an insurer owes a duty to
• ODA v. Transcon Lines Corp.
  650 F.2d 231· 10th Cir.· 1981-06-04 ·cited 16×
  The court held that the district court lacked jurisdiction to grant an extension for filing a notice of appeal ex parte after the initial filing period expired, and thus the appeal was dismissed.
• Turner v. Louie L. Wainwright
  379 So. 2d 148· Fla. 1st DCA· 1980-01-16 ·cited 16×
  The Florida District Court of Appeal held that the Parole and Probation Commission is subject to Florida's public meetings law (Section 286.011) and cannot conduct parole or mandatory conditional release revocation proceedings in closed sessions. The court rejected the Commission
• Am. Emp'rs' Ins. Co. v. King Res. Co.
  556 F.2d 471· 10th Cir.· 1977-05-25 ·cited 16×
  The court held that the district court's order rescinding the insurance policy as void ab initio and approving the modified settlement agreement was supported by substantial evidence and was a fair, adequate, and reasonable compromise.
• Chicago Bridge & Iron Co. v. Occupational Safety & Health Review Comm'n
  535 F.2d 371· 7th Cir.· 1976-05-10 ·cited 16×
  Citations issued as a result of an inspection are valid when there has been substantial compliance with the Act's walkaround right provision and the employer cannot demonstrate prejudice from their non-participation.
• Donlavey v. Smith
  426 F.2d 800· 5th Cir.· 1970-04-30 ·cited 16×
  The court held that a jury selection process based on tax digests does not systematically exclude poor people, and that delays in arraignment do not void a conviction.
• Cass Bank & Tr. Co. v. Nat'l Indem. Co.
  326 F.2d 308· 8th Cir.· 1964-01-14 ·cited 16×
  The court held that the trial court did not err in finding the insurance policy void ab initio due to a false declaration regarding prior cancellation of similar insurance, and that tender of the premium was not required under the peculiar facts.