Void Ab Initio

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

• Rice v. Rice
  499 F. Supp. 2d 1245· M.D. Fla.· 2007-05-02 ·cited 3×
  The court held that the blank warranty deeds signed in December 2004, and the subsequently filled-in deeds from February 2005, were void ab initio because they lacked essential information and did not comply with the statute of frauds and deed execution formalities.
• The Dist. Bd. OF Trs. v. Morgan
  890 So. 2d 1155· Fla. 5th DCA· 2004-12-17 ·cited 3×
  The Fifth District Court of Appeal affirmed a judgment in favor of an architectural partnership that sued for payment despite failing to obtain a required certificate of authorization. The court held that contracts violating Florida's certificate of authorization requirement are
• John H. Branson and his wife v. MGA Ins. Co., Inc.
  673 So. 2d 89· Fla. 5th DCA· 1996-04-12 ·cited 3×
  The Bransons sought to recover on a judgment against Coastwise Transport by claiming coverage under MGA's ICC-mandated insurance endorsement. The court held that ICC insurance coverage applies only to transportation subject to ICC jurisdiction, and because the accident involved a
• Raymark Indus., Inc. v. LAI
  973 F.2d 1125· 3d Cir.· 1992-09-02 ·cited 3×
  The Third Circuit Court of Appeals held that the district court erred in failing to apply the Borman decision to the case. The court found that the automatic stay provision of section 362(a) of the Bankruptcy Code applies to pre-petition state court actions against a debtor who h
• Jackson Nat'l Life Ins. v. Proper
  1991 U.S. Dist. LEXIS 4011· M.D. Fla.· 1991-03-13 ·cited 3×
  The court held that the insurance policy was void ab initio due to material misrepresentations and omissions in the application, and the insured's failure to provide written notice of a change in health prior to policy delivery.
• Guar. Serv. Corp. v. Am. Emp'rs' Ins. Co.
  893 F.2d 725· 5th Cir.· 1990-02-06 ·cited 3×
  The court held that the jury properly considered the misrepresentation issue, but erred in allowing the insurer to retain unearned premiums. The dismissal of the insurer's counterclaim for punitive damages was affirmed.
• State v. Coleman
  137 Fla. 177· Fla.· 1938-10-31 ·cited 3×
  In this habeas corpus case, the Florida Supreme Court affirmed the denial of the relator's petition for discharge, holding that defects in the information charging the relator were not void ab initio but merely voidable, and that such defects must be challenged before the trial c
• Mass. Mut. Life Ins. Co. v. Aspiro
  645 F. Supp. 3d 1299· M.D. Fla.· 2024-01-25 ·cited 2×
  Massachusetts Mutual Life Insurance Company sought default judgment against Jose A. Mora Aspiro in a dispute over a renewable convertible term life insurance policy. The court granted the motion for default judgment, finding the policy void ab initio due to the defendant's materi
• Jackson Nat'l Life Ins. Co. v. Sterling Crum
  25 F.4th 854· 11th Cir.· 2022-02-04 ·cited 2×
  The Eleventh Circuit certified a question to the Georgia Supreme Court regarding whether a life insurance policy procured by an individual on their own life, with the intent to sell it to an as-yet unidentified third party, is void ab initio as an illegal wagering contract, even
• Fla. Dep't of Transp. & The Fla. House of Representatives v. Miami-Dade Cnty. Expressway Auth.
  298 So. 3d 1261· Fla. 1st DCA· 2020-06-25 ·cited 2×
  The appellate court denied a petition for a writ of prohibition, finding that the petitioners had an adequate remedy at law through a pending appeal. The writ was sought to prevent a lower court from proceeding with a declaratory judgment action concerning the constitutionality o
• In re Marriage of Charles W. Kirby Vs
  43 Fla. L. Weekly D2467· Fla. 4th DCA· 2019-08-14 ·cited 2×
  In this appeal from a family law matter, the court addressed whether a trial court properly entered an attorney's fees order against a deceased former wife's estate without substituting the estate as a party. The former husband sought attorney's fees following a discovery dispute
• Freeda Mary Scudder v. Rahul Scudder
  228 So. 3d 703· Fla. 2d DCA· 2017-10-20 ·cited 2×
  This case addresses subject matter jurisdiction in a divorce and custody proceeding involving a family that primarily lived abroad in the United Arab Emirates. The court reversed the trial court's order enforcing a parenting plan and remanded for an evidentiary hearing on whether
• Certain Underwriters AT Lloyd's London v. Raul and Ada Jimenez
  197 So. 3d 597· Fla. 3d DCA· 2016-06-15 ·cited 2×
  Lloyd's London appeals a trial court judgment denying rescission of a homeowners insurance policy issued to the Jimenezes. The court reverses, holding that the Jimenezes' misrepresentation regarding the presence of a central station monitored alarm system was material to the risk
• Dehres LLC v. Underwriters at Interest at Lloyds London
  826 F. Supp. 2d 1338· S.D. Fla.· 2011-11-29 ·cited 2×
  The court held that the actions of Mr. Havens, the sole shareholder and principal officer of Worth Jewelers, are imputed to the corporation, barring the consignors' recovery under the excess insurance policy.
• Zander Lewis Kelly v. Colston
  977 So. 2d 692· Fla. 1st DCA· 2008-03-18 ·cited 2×
  The appellate court partially reversed an order in post-dissolution proceedings, finding that the trial court erred in failing to determine the former husband's present ability to pay the purge amount set in a civil contempt order, but affirmed the calculation of alimony arrearag
• Iannazzo v. Stanson
  927 So. 2d 1005· Fla. 4th DCA· 2006-04-19 ·cited 2×
  Appellants Iannazzo and Schweizer appealed a Florida trial court's order enforcing New York court judgments against them regarding ownership of Florida real estate. The Fourth DCA affirmed the enforcement but reversed the portion of the injunction that froze Schweizer's unrelated
• Anderson v. Anderson
  845 So. 2d 307· Fla. 2d DCA· 2003-05-16 ·cited 2×
  Neil Anderson appeals a judgment awarding child support arrearages, raising for the first time the issue of lack of personal jurisdiction and defective service of process. The Florida appellate court reverses, finding that the trial court never acquired in personam jurisdiction o
• Neumont v. Monroe Cnty.
  242 F. Supp. 2d 1265· S.D. Fla.· 2002-11-21 ·cited 2×
  The court adopted in part the Magistrate Judge's recommendations, denying summary judgment on some counts, dismissing others as unripe or discretionary, and allowing certain claims to proceed.
• Fabricant v. Roebuck
  100 F. Supp. 33· S.D. Fla.· 2001-06-29 ·cited 2×
  The court held that the plaintiffs' renewed motion for class certification should be granted, finding that the proposed classes met the requirements of Federal Rules of Civil Procedure 23(a) and 23(b).
• RON Tirapelli Ford, Inc. v. Nat'l Labor Relations Bd.
  987 F.2d 433· 7th Cir.· 1993-03-02 ·cited 2×
  The court held that the National Labor Relations Board properly nullified an employer-assisted decertification petition and the subsequent election, and that a bargaining order was an appropriate remedy. However, the court remanded the fringe benefits issue for further findings.
• Fla. Elks Child's. Hosp. v. Stanley
  610 So. 2d 538· Fla. 5th DCA· 1992-12-04 ·cited 2×
  The Florida Elks Children's Hospital appeals the trial court's dismissal of its objection to the revocation of a testamentary bequest by the testator's children under section 732.803, a mortmain statute. The court holds that Zrillic's declaration of the statute unconstitutional i
• Marla Wohlman v. Paul Revere Life Ins. Co.
  980 F.2d 283· 5th Cir.· 1992-11-23 ·cited 2×
  A misrepresentation in an insurance application is grounds to void the policy ab initio if the false statement was made with intent to deceive and materially affected the acceptance of the risk.
• Vahlsing v. Commercial Union Ins. Co., Inc.
  928 F.2d 486· 1st Cir.· 1991-03-22 ·cited 2×
  The court held that the jury's verdict for the defendant on all counts was supported by sufficient evidence and proper jury instructions, affirming the district court's judgment.
• Capo v. Est. OF Gladys Miriam Faxas Borges
  560 So. 2d 254· Fla. 3d DCA· 1990-03-20 ·cited 2×
  In this probate appeal, the Florida District Court of Appeal affirmed a trial court's determination that a marriage between Jose Capo and Gladys Borges was void ab initio because Borges was still legally married to another person when she married Capo. The court held that Capo is
• Bankers Sec. Life Ins. Soc'y v. Kane
  689 F. Supp. 1164· S.D. Fla.· 1988-06-27 ·cited 2×
  The court held that the insurance policies were incontestable after two years, and the insurers' claims of fraud and conspiracy were barred by the incontestability clauses and the purpose of the Federal Witness Protection Program.
• J.E.T.S., Inc. v. The United States
  838 F.2d 1196· Fed. Cir.· 1988-02-11 ·cited 2×
  The court held that a government contract obtained through fraud, specifically by falsely certifying small business status, is void ab initio, and the contractor is not entitled to an equitable adjustment even if a prior ruling granted such entitlement based on a constructive cha
• Nationwide Mut. Fire Ins. Co. v. Dungan
  818 F.2d 1239· 5th Cir.· 1987-06-15 ·cited 2×
  An unnamed mortgagee has only an equitable lien and cannot recover under an insurance policy if the mortgagor's claim is invalidated by misrepresentations, as the statutory mortgage clause applies only to named mortgagees.
• Int'l Diagnostic Tech., Inc. v. Miles Labs., Inc.
  746 F.2d 798· Fed. Cir.· 1984-10-15 ·cited 2×
  The court held that International's STIQ mark is likely to cause confusion with Miles' -STIX family of marks, affirming the board's decision on this issue. However, the court vacated the board's decision to cancel Miles' STIX registration based on the application being void ab in
• Windley KEY, Ltd. v. State
  456 So. 2d 489· Fla. 3d DCA· 1984-06-26 ·cited 2×
  Windley Key challenges an order by the Florida Land and Water Adjudicatory Commission that rejected a hearing officer's recommendation to dismiss the Department of Community Affairs' appeal of a zoning board's approval of Windley Key's development project. The court reverses, hol
• State v. Lisak
  409 So. 2d 1149· Fla. 2d DCA· 1982-02-12 ·cited 2×
  The State appeals a trial court order dismissing a life felony indictment against a juvenile and transferring the case to juvenile division based on double jeopardy, arguing the juvenile court lacked jurisdiction to conduct an adjudicatory hearing during the statutory 21-day peri
• Pennzoil Co. v. Fed. Energy Regulatory Comm'n
  591 F.2d 301· 5th Cir.· 1979-03-15 ·cited 2×
  The court held that the April 6, 1972 order granted temporary special relief, not a permanent gathering allowance, and that Pennzoil's filing for an unauthorized gathering allowance was void. The court also held that Pennzoil waived its argument regarding 18 C.F.R. § 157.40(f)(1)
• GAY Toys, Inc. v. McDONALD'S Corp.
  585 F.2d 1067· C.C.P.A.· 1978-11-09 ·cited 2×
  The court held that a plaster mock-up, visually similar to a toy truck but not suitable for use as a toy, does not constitute 'goods' under the Lanham Act, and therefore cannot support a trademark application for use in commerce.
• Little River Invs., Inc. v. Fowler
  266 So. 2d 68· Fla. 3d DCA· 1972-08-22 ·cited 2×
  The court held that the replatting of the alley was null and void due to the failure to comply with city ordinances regarding notice and owner consent.
• State Farm Mut. Auto. Ins. Co. v. Bockhorst
  453 F.2d 533· 10th Cir.· 1972-01-14 ·cited 2×
  State Farm's issuance of a retroactively reinstated insurance policy after being informed of an intervening accident constituted a waiver of its right to deny coverage, making the policy effective at the time of the accident.
• Mudarri v. Gillespie
  226 So. 2d 808· Fla.· 1969-09-24 ·cited 2×
  The Florida Supreme Court held that creditors may pursue equitable remedies under Section 735.11 to impress a trust on estate property even when an order dispensing with administration was entered without statutory authority, reversing the dismissal of the Mudarris' suit against
• Indus. Credit Co. v. Berg
  388 F.2d 835· 8th Cir.· 1968-01-30 ·cited 2×
  The court held that the assignee (Industrial) was not barred from seeking adjudication of its rights in the installment contract, either by the contract being void ab initio or by the prior judgment in Berg I, as the prior judgment expressly excluded the assignee and the assignee
• Commercial Standard Ins. Co. v. Farmers Alliance Mut. Ins. Co.
  385 F.2d 826· 10th Cir.· 1967-11-07 ·cited 2×
  The court held that Gallagher's clear intent to cancel the Commercial Standard policy as of April 1, communicated to the insurer, effectively cancelled the policy, and that the Farmers Alliance policy was void ab initio due to fraudulent misrepresentation.
• Kirkpatrick v. Sanders
  261 F.2d 480· 4th Cir.· 1958-10-16 ·cited 2×
  The court held that the transfers were gifts, and because the deeds were not recorded within the statutory period, they were void under North Carolina law, thus the estate tax was properly assessed.
• Town of Belleair v. Olds
  127 F.2d 838· 5th Cir.· 1942-04-23 ·cited 2×
  The town is not liable to plaintiffs for money had and received or for beneficial use of improvements, as the bonds were void ab initio and their proceeds were spent in violation of constitutional and statutory prohibitions.
• Accident911 Help Med. Ctr. Corp. v. Direct Gen. Ins. Co.
  387 So. 3d 360· Fla. 3d DCA· 2023-08-23 ·cited 1×
  Medical providers who received assignments of benefits appealed the denial of their motion to intervene in a declaratory judgment action between an insurer and its insured. The appellate court reversed, holding that the providers' interest was direct and immediate enough to warra
• Tower Radiology Ctr. v. Direct Gen. Ins. Co.
  348 So. 3d 1147· Fla. 4th DCA· 2022-09-21 ·cited 1×
• Claflin v. Heidee Zamora Claflin
  288 So. 3d 774· Fla. 1st DCA· 2020-01-21 ·cited 1×
  This case concerns whether a Florida court should dissolve a marriage that a Philippine court later declared void due to a prior invalid marriage. The appellate court affirmed the dissolution, holding that Florida public policy and statutes prioritizing the integrity of marriage
• Lucila Murphy v. Lenis Osorio and Velia Pouso
  299 So. 3d 446· Fla. 3d DCA· 2020-01-02 ·cited 1×
  The appellate court reversed a final judgment quieting title to real property, finding the trial court misconstrued the jury's verdict. The jury only determined a specific deed was forged, but did not decide which deed was operative or who held legal title. The case was remanded
• Hewett v. Wells Fargo Bank, N.A.
  197 So. 3d 1105· Fla. 2d DCA· 2016-06-01 ·cited 1×
  Philip Hewett appealed a foreclosure judgment, but Wells Fargo moved to dismiss the appeal arguing that Hewett's notice of appeal was void because it was filed during the automatic stay imposed by his bankruptcy petition. The Florida District Court of Appeal, Second District, gra
• Lehman v. Lucom
  78 So. 3d 592· Fla. 4th DCA· 2011-10-26 ·cited 1×
  Richard Lehman, appointed as ancillary personal representative of a Florida estate worth $665,241.25, appeals the trial court's judgment finding he misappropriated estate funds by commingling them with his law firm account and using them for improper purposes, thereby breaching h
• Ttsi Irrevocable Tr. v. Reliastar Life Ins. Co.
  60 So. 3d 1148· Fla. 5th DCA· 2011-05-13 ·cited 1×
  TTSI Irrevocable Trust sought a refund of premiums paid on a life insurance policy after the policy was declared void ab initio because TTSI lacked an insurable interest in the insured's life. The court affirmed the trial court's denial of the refund, holding that a party who wro
• Neumont v. Monroe Cnty.
  280 F. Supp. 2d 1367· S.D. Fla.· 2003-05-21 ·cited 1×
  The court held that the county's ordinance was not void ab initio because the changes made during the enactment process were not substantial or material, and the published notices were sufficient to lead to inquiry into the ordinance's body.
• United States v. Goodner Bros. Aircraft
  966 F.2d 380· 8th Cir.· 1992-06-04 ·cited 1×
  The court held that convictions based on an invalidated EPA mixture rule must be set aside, but convictions based on a valid RCRA listing or CERCLA definitions are affirmed. The court also affirmed the denial of a sentencing reduction for acceptance of responsibility.
• GWG DLP Master Tr. Dated §
  Del.· 2026-02-11
  The Delaware Supreme Court answered a certified question of law regarding the statute of limitations for claims under Delaware Code § 2704(b), which permits estates to recover life insurance death benefits paid on policies procured in violation of the insurable interest requireme
• O'Brien v. Royal Caribbean Cruises Ltd.
  S.D. Fla.· 2026-02-10
  The court held that the plaintiffs' claims were time-barred by the one-year limitation period in the cruise ticket contract, as the contract provided reasonably adequate notice.