Void Ab Initio

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

• DeROSA v. Pugliese
  782 So. 2d 1011· Fla. 4th DCA· 2001-04-25 ·cited 6×
  The clerk's default was void ab initio because the appellants served their answer and affirmative defenses before the clerk entered the default.
• Gunning v. Brophy
  746 So. 2d 468· Fla. 2d DCA· 1997-09-10 ·cited 6×
  The court held that the state circuit court order compelling discovery was void ab initio because it was entered after the case was removed to federal court.
• In re James v. Draper
  940 F.2d 46· 3d Cir.· 1991-08-01 ·cited 6×
  Federal bankruptcy and district courts lacked the power to collaterally attack the merits of a facially valid state court judgment, even if the state court's decision was erroneous.
• Jackson v. Leads Diamond Corp.
  767 F. Supp. 268· S.D. Fla.· 1991-07-09 ·cited 6×
  The court held that a jeweler's block insurance policy is void ab initio due to the insured's failure to disclose material facts regarding prior convictions for jewelry fraud, invoking the doctrine of Uberrimae Fidei.
• Beverly Hosp. v. Bowen
  872 F.2d 483· D.C. Cir.· 1989-04-14 ·cited 6×
  The court held that the District Court erred in refusing to consider reimbursement for photocopying costs incurred by hospitals under an unlawfully imposed Medicare regulation, and remanded for the District Court to ensure fair recovery.
• Shiny Rock Mining Corp. v. United States
  825 F.2d 216· 9th Cir.· 1987-08-17 ·cited 6×
  The court held that while the notation rule was properly applied to void the mining claim, the district court erred by not addressing the underlying validity of the Public Land Order that created the withdrawal.
• Nichols v. Anderson
  788 F.2d 1140· 5th Cir.· 1986-05-05 ·cited 6×
  The court denied the petition for rehearing and clarified that the issue of liability limits is for the trial court to address on remand.
• Miller v. United States & Dep't of the Army
  717 F.2d 109· 3d Cir.· 1983-09-21 ·cited 6×
  The court held that the employee was covered by the definition of 'employee' in 5 U.S.C. § 7511(a)(1)(B), granting the MSPB jurisdiction to hear his appeal of termination.
• Cirnigliaro v. Fla. Police Standards & Training Comm'n
  409 So. 2d 80· Fla. 1st DCA· 1982-01-14 ·cited 6×
  Robert Cirnigliaro, a police officer certified by the Florida Police Standards and Training Commission, appealed the Commission's revocation of his certificate based on a prior conviction for embezzlement. The court held that the Commission had authority to revoke the certificate
• Inecon Agricorporation v. Tribal Farms, Inc.
  656 F.2d 498· 9th Cir.· 1981-09-14 ·cited 6×
  The court held that the district court had subject matter jurisdiction after dismissing non-indispensable parties and that the arbitration award was enforceable between the parties despite the Tribe's lack of formal government approval for the reinstatement agreement.
• Athas v. The United States
  597 F.2d 722· Ct. Cl.· 1979-04-18 ·cited 6×
  The court held that the Government's failure to apprise plaintiffs of their right to appeal adverse personnel actions, in violation of agency regulations, rendered the actions void and waived the requirement to exhaust administrative remedies.
• Damiano v. Weinstein
  355 So. 2d 819· Fla. 3d DCA· 1978-02-07 ·cited 6×
  A seller appealed a judgment finding his title to real estate unmarketable due to a defect arising from a 1944 tax foreclosure proceeding. The court affirmed, holding that the title defect could not be cured because the fee owner was not named as a defendant in the original forec
• Annick M. Berns v. Civil Serv. Comm'n
  537 F.2d 714· 2d Cir.· 1976-06-29 ·cited 6×
  The court held that while the termination procedure violated the employee's due process rights, the federal district court exceeded its jurisdiction by enjoining the agency from determining the equivalency of the employee's education.
• MacPHERSON v. MacPHERSON
  496 F.2d 258· 6th Cir.· 1974-04-26 ·cited 6×
  The court held that a bigamous marriage, even if annulled, is considered a valid 'remarriage' under a separation agreement, terminating the husband's support obligation, as Connecticut law, which governs the agreement, rejects the 'relation back' doctrine and equitable exceptions
• In re Guardianship OF Samuel Swain v. Eardley
  199 So. 2d 736· Fla. 1st DCA· 1967-06-13 ·cited 6×
  Samuel and Annie Swain appealed an adjudication of incompetency and appointment of a guardian, challenging the procedural due process afforded them. The court found that the appellants did not receive reasonable advance notice of the hearing as required by Florida law, reversed t
• Sterns v. Louie L. Wainwright
  195 So. 2d 860· Fla.· 1967-03-01 ·cited 6×
  Jack Sterns challenged his imprisonment, claiming he had served his sentence. The Florida Supreme Court held that when Sterns's original robbery sentence was vacated and a new sentence imposed, he was entitled to credit for time served under the original sentence, but not for the
• Battaglino v. Marshall
  172 F.2d 979· 2d Cir.· 1949-03-03 ·cited 6×
  The court held that the cancellation of a father's certificate of citizenship for presumptive fraud rendered his naturalization void ab initio, thus preventing his child from claiming derivative citizenship.
• Sherman v. Fed. Sec. Agency
  166 F.2d 451· 3d Cir.· 1948-02-26 ·cited 6×
  The court held that New Jersey law, as applied to the facts, would deem the plaintiff's Mexican divorce void, rendering her subsequent marriage to the insured invalid and thus disqualifying her from receiving widow's benefits.
• Hillsborough Cnty. v. DeSear
  120 Fla. 317· Fla.· 1935-07-01 ·cited 6×
  Hillsborough County issued a special assessment certificate for road paving without the statutorily required petition signed by owners of two-thirds of abutting property. The Florida Supreme Court held the certificate void ab initio due to the jurisdictional defect and affirmed t
• Schlossberg v. Est. of Sadie Kaporovsky
  303 So. 3d 982· Fla. 4th DCA· 2020-08-05 ·cited 5×
  Jack Schlossberg purchased a condominium from Candy Wisotsky, who inherited it through a remainder interest granted by a 2005 deed. The trial court voided the 2005 deed as beyond the trustees' powers, leaving Schlossberg with only half-ownership. On appeal, the court reversed, ho
• Wells Fargo Bank, N.A. v. Pruco Life Ins. Co.
  200 So. 3d 1202· Fla.· 2016-09-22 ·cited 5×
  The Florida Supreme Court addresses whether life insurance policies procured through stranger-originated life insurance (STOLI) schemes can be challenged as void for lack of insurable interest after the two-year contestability period expires. The Court holds that such policies be
• Certain Underwriters at Lloyd's v. Giroire
  27 F. Supp. 2d 1306· S.D. Fla.· 1998-04-30 ·cited 5×
  The court held that the insured's material misrepresentation on a marine insurance application voids the policy ab initio under the doctrine of uberrimae fidei, and that the exclusionary clause presented a genuine issue of material fact for trial.
• Miter John Dusich, Jr. v. Horley
  525 So. 2d 507· Fla. 2d DCA· 1988-05-27 ·cited 5×
  The appellate court reversed a summary judgment granted to an insurance company, finding that genuine issues of material fact existed regarding waiver and estoppel. The case involved an insurance policy that was declared void due to a dishonored premium check, despite the insurer
• State v. Wolfe
  203 So. 2d 338· Fla. 1st DCA· 1967-10-03 ·cited 5×
  The State of Florida appeals the trial court's order quashing a perjury information against Gene Wolfe. The trial court erroneously concluded that because Wolfe's original conviction was reversed on appeal due to prosecutorial misconduct, the underlying proceeding was void ab ini
• Dep't of Hwy. Safety & Motor Vehicles v. Johnson
  980 So. 2d 1118· Fla. 5th DCA· 2008-03-07 ·cited 4×
  The Florida Department of Highway Safety and Motor Vehicles appealed a trial court's declaratory judgment that invalidated a 1998 statute permanently barring persons with four DUI convictions from seeking license reinstatement. The appellate court reversed, holding that the Legis
• Allen Damron Constr. Co. v. Mickens
  725 So. 2d 1174· Fla. 2d DCA· 1998-12-18 ·cited 4×
  Damron Construction appeals a final judgment on the Mickens' counterclaim that ordered Damron to purchase a replacement residential lot for the Mickens and return their original property. The appellate court reverses because the relief granted was not supported by the pleadings o
• First Nat'l Bank Holding Co. v. Fid. & Deposit Co.
  885 F. Supp. 1533· N.D. Fla.· 1995-03-15 ·cited 4×
  The court held that the insurance policy was void ab initio due to material misrepresentations in the application and that the claim was barred by the policy's dishonesty exclusion.
• Newman v. State
  602 So. 2d 1351· Fla. 3d DCA· 1992-07-27 ·cited 4×
  Edward Newman challenged the constitutionality of Florida Statutes section 34.021, which requires county court judge candidates to have been Florida Bar members for five years prior to qualifying for election. The Third District Court of Appeal affirmed that the statute is consti
• In re the Est. OF Louis Anthony Retzel v. CSX Transp., Inc.
  586 So. 2d 1247· Fla. 1st DCA· 1991-09-24 ·cited 4×
  Ann Retzel, stepmother of the deceased, sought to pursue a wrongful death action arising from Louis Anthony Retzel's death by train strike. The trial court dismissed the wrongful death complaint and revoked her letters of administration as personal representative due to procedura
• Ellard v. Ala. Bd. OF Pardons & Paroles
  928 F.2d 378· 11th Cir.· 1991-04-11 ·cited 4×
  The trial court's decision to void the parole was barred by the law of the case and mandate rule, and its finding that the parole was void ab initio was clearly erroneous.
• United States v. Chambers
  922 F.2d 228· 5th Cir.· 1991-01-14 ·cited 4×
  A state indictment, even if later dismissed for procedural defects under state law, can serve as a predicate for federal firearms offenses if it was valid at the time of the firearm acquisition.
• Nelson v. Boyer
  412 So. 2d 31· Fla. 2d DCA· 1982-04-02 ·cited 4×
  Earl Nelson appealed a summary judgment validating his father's interspousal conveyance of real property. The court reversed, holding that the property became homestead property when the spouses began occupying it, and therefore the attempted conveyance creating an estate by the
• Am. Sci. & Eng'g, Inc. v. The United States
  663 F.2d 82· Ct. Cl.· 1981-10-21 ·cited 4×
  The court held that the government's cancellation of the exclusive license agreement constituted a breach of contract because the license was not void ab initio, as the necessary determinations under federal regulations were made in good faith.
• S. Guar. Ins. Co. v. Pearce
  625 F.2d 546· 5th Cir.· 1980-09-02 ·cited 4×
  An automobile insurance policy issued to a Georgia resident after the No-Fault Act's effective date cannot be voided ab initio for misrepresentations in the application after an accident occurs.
• NEW England Mut. Life Ins. Co. v. Null
  605 F.2d 421· 8th Cir.· 1979-09-14 ·cited 4×
  A life insurance policy procured by the insured solely as an instrumentality for a beneficiary who intends to murder the insured is void ab initio, even if the insurer was aware of the underlying transaction.
• In re Est. of Michael R. Baker v. Baker
  339 So. 2d 240· Fla. 3d DCA· 1976-10-26 ·cited 4×
  The court held that the trial court correctly granted the petition for removal of administratrix because the initial grant of letters was void ab initio due to failure to issue citation to the surviving spouse.
• Wernle v. Bellemead Dev. Corp.
  308 So. 2d 97· Fla.· 1975-01-29 ·cited 4×
  The Florida Supreme Court upheld the constitutionality of two 1930s special acts authorizing Volusia County to cancel delinquent tax certificates in exchange for land conveyances to the Board of Forestry. The Court affirmed that a tax deed issued to Wernle was void because the un
• S. Ins. Co. v. Charlotte Storage & Warehouse, Inc.
  251 So. 2d 725· Fla. 2d DCA· 1971-06-30 ·cited 4×
  The court held that a corporation can be an 'insured' under an insurance policy, and a newly acquired vehicle clause applies even if the corporation cannot have a spouse.
• United States v. Guymon
  438 F.2d 634· 9th Cir.· 1971-02-05 ·cited 4×
  The court held that the second induction notice was void because it was based on a prior void order and was not an independent order, thus the defendant was not under a duty to report.
• G & A Truck Line, Inc. v. Nat'l Labor Relations Bd.
  407 F.2d 120· 6th Cir.· 1969-02-18 ·cited 4×
  The court held that while the union's misrepresentations were false and intended to mislead, they did not impair the employees' freedom of choice. The Board's reversal of the trial examiner's finding that the authorization cards were void ab initio was therefore affirmed.
• S. Farm Bureau Cas. Ins. Co. v. Mrs. Cecil Harvey (Betty) Allen
  388 F.2d 126· 5th Cir.· 1967-12-18 ·cited 4×
  The court held that an insurance company is not estopped from voiding a policy due to misrepresentations if its agent colluded with the insured in perpetrating the fraud, as the agent's knowledge will not be imputed to the principal in such cases.
• Testa v. Town of Jupiter Island
  360 So. 3d 722· Fla. 4th DCA· 2023-02-08 ·cited 3×
  The appellate court reversed a lower court's decision, finding that the Town of Jupiter Island failed to comply with statutory notice requirements when adopting an ordinance that modified its waterfront setback line. The case was remanded to consider defenses of laches and waiver
• Fla. Citizens Alliance, Inc. v. THE Sch. Bd. of Collier Cnty.
  328 So. 3d 22· Fla. 2d DCA· 2021-09-10 ·cited 3×
  Florida Citizens Alliance and other plaintiffs challenged the Collier County School Board's textbook selection process, alleging that Instructional Materials Review Committees violated the Sunshine Law by meeting in closed sessions without public notice. The trial court dismissed
• Gouldy v. Munyon
  307 So. 3d 782· Fla. 4th DCA· 2020-11-25 ·cited 3×
  The appellate court reversed a lower court's decision to deny a motion to vacate a default judgment. The court found that the clerk's default was void because the defendant had filed documents before the default was entered, meaning the court, not the clerk, should have entered a
• Carlson v. State
  227 So. 3d 1261· Fla. 1st DCA· 2017-09-29 ·cited 3×
  Richard Carlson, a Xerox manager, challenged the Florida Department of Revenue's contract award to Systems and Methods, Inc. (SMI) in a child-support program procurement, alleging violations of Florida's Government in the Sunshine Law. The First District Court of Appeal affirmed
• Hilton v. Pearson
  208 So. 3d 108· Fla. 1st DCA· 2016-02-10 ·cited 3×
  A suit challenging the validity of an amendment to restrictive covenants must be filed within five years of the amendment's recording date, even if the suit alleges improper enactment.
• Echo v. MGA Ins. Co., Inc.
  157 So. 3d 507· Fla. 1st DCA· 2015-02-16 ·cited 3×
  Gwendolyn Echo appeals a summary judgment rescinding her auto insurance policy based on material misrepresentation. The First District Court of Appeal reversed in part, holding that the insurer may have waived its rescission right by making PIP payments after suit was filed, and
• Susann E. Nogales v. Countrywide Home Loans, Inc.
  100 So. 3d 1161· Fla. 2d DCA· 2012-09-28 ·cited 3×
  A late-filed appeal is not the proper procedure to seek relief from a void order, and the time to file an appeal is not extended even if the order is void ab initio.
• Blene A. Betemariam v. Binor B. Said
  48 So. 3d 121· Fla. 4th DCA· 2010-11-17 ·cited 3×
  Betemariam appealed a judgment denying her alimony and equitable distribution claims based on the trial court's finding that her religious marriage ceremony to Said in Virginia was invalid because they failed to obtain a marriage license. The Fourth District affirmed the invalidi
• New Testament Baptist Church Inc. of Miami v. State
  993 So. 2d 112· Fla. 4th DCA· 2008-10-22 ·cited 3×
  New Testament Baptist Church appeals the grant of summary judgment dismissing its inverse condemnation counterclaim based on the statute of limitations. The court affirmed, holding that a church's challenge to a plat dedication condition imposed fourteen years earlier is barred b