Void Ab Initio

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

• Pitts v. Am. Sec. Life Ins. Co.
  931 F.2d 351· 5th Cir.· 1991-05-21 ·cited 15×
  The court held that the insurance policy was voidable, not void ab initio, and that the insurer waived its right to deny liability by accepting premiums after learning of the policy breaches, entitling the insured to benefits.
• Syndicate 420 AT Lloyd's London v. Early Am. Ins. Co. & World Am. Underwriters, Inc.
  796 F.2d 821· 5th Cir.· 1986-08-13 ·cited 15×
  The court affirmed the district court's dismissal on forum non conveniens grounds but modified the conditions to ensure the availability of the foreign forum.
• Corona Props. OF Fla., Inc. v. Monroe Cnty.
  485 So. 2d 1314· Fla. 3d DCA· 1986-03-11 ·cited 15×
  A building permit issued without statutory authority is void ab initio, and equitable estoppel or laches cannot be asserted against a governmental entity to enforce such a permit.
• Progressive Am. Ins. Co. v. Papasodero
  587 So. 2d 500· Fla. 2d DCA· 1991-09-13 ·cited 14×
  Progressive American Insurance Company appealed a declaratory judgment requiring it to provide liability coverage despite a material misrepresentation by the insured that the policy's operator would not drive the vehicle. The Florida appellate court reversed, holding that a mater
• Donald W. Hannon, M.D. v. Turnage
  892 F.2d 653· 7th Cir.· 1990-01-04 ·cited 14×
  The court held that the Veteran's Administration (VA) cannot deny a pre-termination hearing to an employee based on its own subsequent determination that the appointment was in violation of VA regulations, as Congress mandated such determinations be made at a pre-termination hear
• In re Bobroff v. Cont'l Bank
  766 F.2d 797· 3d Cir.· 1985-07-05 ·cited 14×
  The court held that the district court correctly determined it lacked jurisdiction over the debtor's tort action because the claims were not 'related to' the bankruptcy estate, as the debtor's attempted conversion to Chapter 13 was void.
• Moore v. Moore
  237 So. 2d 217· Fla. 4th DCA· 1970-03-30 ·cited 14×
  William Moore conveyed homestead property to himself and his then-wife Louise by deed, creating an alleged estate by the entireties. After their divorce, Louise sued for partition. The trial court granted summary judgment for Louise based on estoppel, but the appellate court reve
• In re Est. of Esther Bush
  80 So. 2d 673· Fla.· 1955-04-29 ·cited 14×
  The Florida Supreme Court held that a county judge lacked jurisdiction to appoint an administrator when the petition for letters of administration failed to issue citation to known next of kin entitled to preference, despite the later filing of a waiver by that next of kin. The p
• Commissioner of Internal Revenue v. Sec. Flour Mills Co.
  135 F.2d 165· 10th Cir.· 1943-03-06 ·cited 14×
  The court held that amounts received by a taxpayer to cover processing taxes, which were later returned after the tax was declared unconstitutional, constituted taxable income in the year received under the accrual method, and voluntary disbursements to customers in later years w
• Jernigan v. Harrison
  136 Fla. 320· Fla.· 1939-02-10 ·cited 14×
  Howard Jernigan purchased a tax certificate and sought a tax deed under Florida law, but the Circuit Court voided the deed for failure to comply with mandatory statutory notice requirements. The Florida Supreme Court affirmed, holding that substantial compliance with statutory no
• Int'l Ship Repair & Marine Servs., Inc. v. St. Paul Fire & Marine Ins.
  944 F. Supp. 886· M.D. Fla.· 1996-11-06 ·cited 13×
  The court held that genuine issues of material fact remain regarding the interpretation of the insurance policy's 'all risk,' 'Inchmaree,' and 'held covered' clauses, precluding summary judgment for the plaintiff on the defendant's affirmative defenses. The court also found that
• Remova Pool Fence Co. v. Roth
  647 So. 2d 1022· Fla. 4th DCA· 1994-12-21 ·cited 13×
  Remova Pool Fence Co. appeals an award of attorney's fees granted by a state trial court while the case was pending in federal court after removal. The appellate court reverses, holding that the state court lacked jurisdiction to award fees before the case was remanded and that t
• Bryant v. State
  650 So. 2d 68· Fla. 5th DCA· 1994-12-02 ·cited 12×
  The Fifth District Court of Appeal held that a defendant's speedy trial rights under Florida law are not self-executing and may be waived by the defendant, even after the State violates the speedy trial rule by refiling charges following a nolle prosequi. The court affirmed the t
• Lisak v. State
  433 So. 2d 487· Fla.· 1983-01-27 ·cited 12×
  The Florida Supreme Court held that a minor's guilty plea to a delinquency petition for a capital or life felony offense within 21 days of arrest is void ab initio and does not bar subsequent prosecution as an adult, because the juvenile court lacks statutory jurisdiction to cond
• Fed. Sav. & Loan Ins. Corp. v. PSL Realty Co.
  630 F.2d 515· 7th Cir.· 1980-09-12 ·cited 12×
  The district court did not err in issuing an injunction to prevent state courts from interfering with its jurisdiction over property in foreclosure proceedings.
• In re Est. of Claude Thomas Bernard, Jr. v. Bernard
  183 So. 2d 715· Fla. 1st DCA· 1966-03-01 ·cited 12×
  This appeal addresses whether an order of administration unnecessary for an estate was void when the petition failed to list a significant asset—an automobile liability insurance policy worth approximately $25,000—that would have exceeded the statutory $5,000 limit for administra
• Kasey v. Molybdenum Corp. OF Am.
  336 F.2d 560· 9th Cir.· 1964-08-28 ·cited 12×
  The court held that the action for recovery of mining properties was barred by California's five-year statute of limitations because the appellants were neither seised nor possessed of the property within the statutory period, and the deeds conveyed absolute title.
• Liberty Mut. Ins. Co. v. Conley
  152 So. 2d 521· Fla. 1st DCA· 1963-04-30 ·cited 12×
  Liberty Mutual Insurance Company sought a declaratory decree regarding coverage under a non-owner automobile liability policy issued to a minor. The minor subsequently purchased an automobile, had an accident while driving it, and later disaffirmed the purchase contract upon reac
• Castleglen, Inc. v. Resolution Tr. Corp. for Commonwealth Fed. Sav. Ass'n
  984 F.2d 1571· 10th Cir.· 1993-02-09 ·cited 11×
  The court held that the D'Oench doctrine and FIRREA's statutory counterpart, 12 U.S.C. § 1823(e), bar Castleglen's claims against the RTC, whether characterized as contract defenses or affirmative tort claims, because the alleged misrepresentations constituted fraud in the induce
• TSI Se., Inc. v. Royals
  588 So. 2d 309· Fla. 1st DCA· 1991-11-04 ·cited 11×
  The court held that the Hamilton County Development Authority violated the Sunshine Law by failing to provide public notice of its meetings, rendering the contract and deed void.
• Aucilla Area Solid Waste Administration v. Madison Cnty.
  890 So. 2d 415· Fla. 1st DCA· 2004-12-23 ·cited 10×
  The court held that an amendment to an interlocal agreement authorizing out-of-region waste acceptance was void ab initio because it lacked the specific approval required by a provision governing waste acceptance, even though a general amendment provision was followed.
• Jolene Trotter and John Smith v. Ford Motor Credit Corp.
  868 So. 2d 593· Fla. 2d DCA· 2004-03-03 ·cited 10×
  The court held that while the plaintiffs failed to state a cause of action for common law restitution against FMCC, the trial court erred in dismissing the claim without leave to amend.
• Taylor v. State
  702 So. 2d 487· Fla.· 1997-11-26 ·cited 10×
  The Florida Supreme Court held that a defendant whose probationary sentence exceeds the statutory maximum may have probation revoked if the violation occurs during the portion of the sentence that would have been legal. The court rejected the defendant's argument that an illegal
• Silver Express Co. v. The Dist. Bd. OF Lower Tribunal Trs. OF Miami-Dade Cmty. Coll.
  691 So. 2d 1099· Fla. 3d DCA· 1997-03-19 ·cited 10×
  Silver Express Company appealed the denial of a temporary injunction seeking to block Miami-Dade Community College from awarding a contract to Husta International Aviation after the College's purchasing committee evaluated proposals in a closed meeting. The court reversed the den
• Garcia v. Carmar Structural
  629 So. 2d 117· Fla.· 1993-11-10 ·cited 10×
  The Florida Supreme Court held that a workers' compensation statute (the 1990 Act) amended to chapter 440, Florida Statutes, applies to an injury occurring after its enactment but before it was declared unconstitutional in Martinez v. Scanlan, because substantive rights are fixed
• Webb v. Hodel
  878 F.2d 1252· 10th Cir.· 1989-06-19 ·cited 10×
  The court held that the spouse of a BLM employee did not acquire a prohibited indirect interest in unpatented mining claims solely by virtue of her marriage, and thus the claims could not be voided under the statute and regulations.
• Cordis Corp. v. Medtronic, Inc.
  780 F.2d 991· Fed. Cir.· 1985-12-17 ·cited 10×
  The district court erred in granting a preliminary injunction and establishing an escrow account for royalty payments pendente lite, as the Lear decision does not permit a licensee to avoid the consequences of breaching a license agreement while challenging patent validity.
• Toyo Menka Kaisha, Ltd. v. The United States
  597 F.2d 1371· Ct. Cl.· 1979-05-16 ·cited 10×
  A bid that deviates substantially from the invitation's essential requirements regarding price, quantity, or quality is nonresponsive, rendering any resulting contract void ab initio and precluding recovery for breach or quantum meruit.
• Local Union 13410 v. United Mine Workers of Am.
  475 F.2d 906· D.C. Cir.· 1973-01-05 ·cited 10×
  A labor union's imposition of a trusteeship without a prior hearing is invalid unless an emergency situation reasonably necessitates immediate action, and even then, a hearing must be scheduled promptly thereafter. The disaffiliation vote is valid, and the union is entitled to da
• 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.
• The W. Cas. & Sur. Co. v. Margy Herman
  318 F.2d 50· 8th Cir.· 1963-06-13 ·cited 10×
  A misrepresentation of sole ownership in an automobile liability policy makes the policy voidable, not void ab initio, and the insurer may waive its right to rescind by its conduct.
• PAN Am. Petroleum Corp. v. Kansas-Nebraska Natural GAS Co., Inc.
  297 F.2d 561· 8th Cir.· 1962-01-12 ·cited 10×
  The court held that the district court had jurisdiction to interpret and enforce private gas purchase contracts, and that payments made under compulsion of an invalid state order did not alter the contract rates, entitling the buyer to a refund of overpayments.
• Quintero v. Geico Marine Ins. Co.
  983 F.3d 1264· 11th Cir.· 2020-12-22 ·cited 9×
  A material misrepresentation by an insured in a marine insurance policy application, even if made during a policy reinstatement after expiration, renders the policy void ab initio under the doctrine of uberrimae fidei.
• Grip Dev., Inc. v. Coldwell Banker Residential Real Est., Inc.
  788 So. 2d 262· Fla. 4th DCA· 2000-09-20 ·cited 9×
  Grip Development appeals the denial of its motion for new trial on quantum meruit damages awarded to its broker Coldwell Banker, and challenges attorney's fees awarded based on an offer of judgment. The court affirms the damages award but reverses the attorney's fees because Cold
• Fishman v. Thompson
  181 So. 2d 604· Fla. 3d DCA· 1965-12-28 ·cited 9×
  The Fishmans and Vogue Bar & Grill challenged a decree rescinding a construction contract and related mortgage, claiming the chancellor lacked power to cancel the instruments. The appellate court affirmed, holding that equity courts may rescind contracts procured by fraud and unc
• Lenos G. Cannon and Harry Singleton v. The Travelers Indem. Co.
  314 F.2d 657· 8th Cir.· 1963-03-11 ·cited 9×
  The court held that the trial court did not err in finding fraud in the procurement of the insurance policy and that the insurer did not waive its defense through unreasonable delay.
• Moore v. Smith-Snagg
  793 So. 2d 1000· Fla. 5th DCA· 2001-06-18 ·cited 8×
  The Moores appealed the trial court's denial of a post-judgment motion for relief based on newly-discovered evidence of forgery regarding a 1987 warranty deed. The appellate court reversed, holding that newly-discovered evidence of other forgeries by the defendant was relevant an
• Union Am. Ins. Co. v. Fernandez
  603 So. 2d 653· Fla. 3d DCA· 1992-08-11 ·cited 8×
• Leslie M. Bates (Boggs) v. Wishart
  512 So. 2d 977· Fla. 2d DCA· 1987-08-07 ·cited 8×
  This case concerns the appellate court's review of a trial court's post-appeal orders regarding costs and visitation for grandparents. The appellate court reversed the award of costs to the grandparents, finding they were not the prevailing party, and reversed the grant of visita
• Wood v. NEW York Life Ins. Co.
  758 F.2d 1459· 11th Cir.· 1985-04-25 ·cited 8×
  The court certified two questions to the Georgia Supreme Court regarding whether the insurance policies were group life insurance and whether incontestability clauses barred the insurers' defenses.
• Indus. Consultants, Inc. v. H. S. Equities, Inc.
  646 F.2d 746· 2d Cir.· 1981-03-31 ·cited 8×
  The court held that the district court correctly applied Oklahoma's two-year statute of limitations, and the action was time-barred, affirming the summary judgment.
• NEW York Life Ins. Co. v. Baum
  617 F.2d 1201· 5th Cir.· 1980-05-30 ·cited 8×
  The court held that the district court's entry of summary judgment was premature because material issues of fact remained regarding the controlling law and insurable interest.
• United States v. Primous
  420 F.2d 33· 7th Cir.· 1970-01-09 ·cited 8×
  The court held that a registrant's initial classification error is not void ab initio if subsequent classifications are valid and the registrant cannot show prejudice from the error.
• Est. of Phyllis Malkin v. Wells Fargo Bank, NA
  998 F.3d 1186· 11th Cir.· 2021-05-27 ·cited 7×
  The Estate of Phyllis Malkin sought to recover life insurance policy proceeds from Wells Fargo Bank and Berkshire Hathaway Life Insurance Company, claiming the $4 million policy was an illegal stranger-originated life insurance (STOLI) policy lacking insurable interest at incepti
• Summer Jasser v. Saadeh
  103 So. 3d 982· Fla. 4th DCA· 2012-12-19 ·cited 7×
  Children of Karim Saadeh appealed the dismissal of their second declaratory judgment action seeking to establish validity of a trust that was previously declared void ab initio. The court affirmed the dismissal based on res judicata, holding that the children could not relitigate
• Northfield Ins. v. Barlow
  983 F. Supp. 1376· N.D. Fla.· 1997-09-30 ·cited 7×
  The court held that material misrepresentations made by the insureds on their insurance application voided the policy ab initio under the doctrine of uberrima fidei, entitling the insurer to summary judgment.
• Bankers Sec. Life Ins. Soc'y v. Kane
  885 F.2d 820· 11th Cir.· 1989-10-10 ·cited 7×
  Insurance companies cannot void policies after the contestability period, even if the insured committed fraud by failing to disclose a criminal past, as Florida law strictly enforces incontestability clauses.
• City of Miami v. City of Miami Firefighters' & Police Officers' Ret. Tr. & Plan
  249 So. 3d 709· Fla. 3d DCA· 2018-06-06 ·cited 6×
  The trial court erred in denying the City's motion for temporary injunctive relief because the 2010 pension ordinance remained valid and enforceable, the Board lacked unilateral authority to restore pre-2010 pension benefits absent a final court order invalidating the ordinance,
• Nilio v. State
  143 So. 3d 424· Fla. 1st DCA· 2014-06-25 ·cited 6×
  Michael Joseph Nilio, a prison inmate, sought prohibition relief to disqualify a trial judge from hearing postconviction matters and appealed the summary denial of his motion to correct his sentence. The court denied the prohibition petition because the disqualification motion wa
• Lucilia Lopes v. Luciano Lopes
  852 So. 2d 402· Fla. 5th DCA· 2003-08-22 ·cited 6×
  A Florida appellate court affirmed the annulment of a marriage on the ground that appellant's prior Dominican Republic divorce was void for lack of jurisdiction, rendering the subsequent Connecticut marriage bigamous and void under Florida law. The court rejected appellant's argu