Voidable Judgment

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

• Malone v. Meres
  109 So. 677· Fla.· 1926-04-30 ·cited 406×
  The Florida Supreme Court affirmed the lower court's decision enforcing an equitable lien on personal property under a conditional installment sale contract. The court held that courts of general equity jurisdiction have the power to adjudicate lien claims arising from sale contr
• State v. King
  426 So. 2d 12· Fla.· 1982-12-22 ·cited 147×
  The Florida Supreme Court held that a juvenile cannot be charged by grand jury indictment for crimes not punishable by death or life imprisonment, even though the state attorney could proceed by direct information under the Juvenile Justice Act. However, the court found that King
• Kroier v. Kroier
  95 Fla. 865· Fla.· 1928-05-05 ·cited 139×
  W. Kroier sought certiorari to review a circuit court order vacating default and final judgments entered against him by the clerk in a law action. The Florida Supreme Court held that the judgments were void because the clerk entered them despite the defendant having properly file
• Carbajal v. State
  75 So. 3d 258· Fla.· 2011-11-03 ·cited 129×
  The Florida Supreme Court held that a defendant's challenge to the Office of the Statewide Prosecutor's jurisdiction to prosecute is barred by the two-year time limitations of Florida Rule of Criminal Procedure 3.850, and that even if the OSP lacked jurisdiction, such a defect wo
• State v. Chillingworth
  126 Fla. 645· Fla.· 1936-12-16 ·cited 112×
  This case addresses whether a special statutory remedy for enforcing mechanics' and laborers' liens, which provides for a petition and five-day summons process, violates constitutional due process and equal protection guarantees. The Florida Supreme Court held that the statute is
• Ramagli Realty Co. v. Craver
  121 So. 2d 648· Fla.· 1960-06-08 ·cited 97×
  The Florida Supreme Court held that a district court of appeal lacked jurisdiction to entertain an appeal filed more than 60 days after rendition of the final judgment, vacating the district court's decision and directing dismissal of the appeal. The court reaffirmed that the 60-
• State v. Atkinson
  831 So. 2d 172· Fla.· 2002-10-24 ·cited 82×
  The Florida Supreme Court held that the Jimmy Ryce Act, which allows for the civil commitment of sexually violent predators, does not apply to individuals convicted of such offenses before the Act's effective date if they were not in lawful custody on that date. The court reasone
• Card v. State
  497 So. 2d 1169· Fla.· 1986-10-09 ·cited 82×
  James Armando Card, Sr., a death-row inmate, challenged his conviction and sentence on multiple grounds, including a claim that the trial judge lacked authority to preside in a different judicial circuit without proper assignment from the Chief Justice. The Florida Supreme Court
• Aldrich v. Aldrich
  163 So. 2d 276· Fla.· 1964-04-22 ·cited 72×
  The Florida Supreme Court answered certified questions from the U.S. Supreme Court regarding whether a divorce decree can bind a deceased husband's estate for alimony payments without his prior agreement. The court held that alimony obligations terminate at death unless the husba
• United States v. Cariola
  323 F.2d 180· 3d Cir.· 1963-10-03 ·cited 64×
  The court held that a plea entered under judicial coercion or without understanding of consequences is invalid, entitling the petitioner to relief.
• Becerra v. Equity Imports, Inc.
  551 So. 2d 486· Fla. 3d DCA· 1989-02-28 ·cited 56×
  Becerra and Horizon appealed a default judgment for breach of contract, fraud, breach of fiduciary duty, and civil theft. The court reversed the treble damages award for civil theft because the complaint failed to adequately plead the criminal intent required for that statutory c
• Demars v. Vill. OF Sandalwood Lakes Homeowners Ass'n, Inc.
  625 So. 2d 1219· Fla. 4th DCA· 1993-04-07 ·cited 55×
  The Fourth District Court of Appeal reversed a foreclosure judgment and remanded the case, holding that while a bare-bones affidavit of diligent search is facially sufficient to support constructive service under Florida law, the actual search conducted must still meet the standa
• Phadael v. Deutsche Bank Tr. Co. Americas
  83 So. 3d 893· Fla. 4th DCA· 2012-02-08 ·cited 53×
  A defaulted party cannot raise the issue of the plaintiff's lack of standing for the first time in a motion to vacate a judgment under rule 1.540(b)(4), as such a defect would at most render the judgment voidable, not void.
• Craven v. J. M. Fields, Inc.
  226 So. 2d 407· Fla. 4th DCA· 1969-09-10 ·cited 48×
  This interlocutory appeal addresses whether an insufficiently detailed sheriff's return of service renders a judgment void or merely voidable. The Fourth District Court of Appeal reversed the trial court's order vacating a default judgment and jury verdict in a defamation action,
• Sons v. Davidson
  35 Fla. 342· Fla.· 1895-01-01 ·cited 48×
  The Florida Supreme Court reversed a circuit court's order vacating a default judgment more than four years after its entry. The court held that while a judgment may be erroneous or irregular, courts lose jurisdiction to set aside such judgments on motion after 60 days unless the
• Brown v. Ripley
  119 So. 2d 712· Fla. 1st DCA· 1960-04-07 ·cited 39×
  In a bastardy proceeding, the trial court failed to appoint a guardian ad litem for the minor defendant despite Florida law requiring affirmative judicial action to protect minors' interests. The appellate court vacated the judgment and remanded because the trial court never cons
• Wilds v. State
  79 Fla. 575· Fla.· 1920-04-24 ·cited 37×
  T.B. Wilds was convicted of perjury for false testimony allegedly given before a special master in a divorce proceeding. Wilds appealed arguing the divorce proceeding was void because a decree pro confesso was entered prematurely, rendering the special master's appointment unauth
• In re the Adoption OF D.P.P. v. C.P.
  158 So. 3d 633· Fla. 5th DCA· 2014-05-21 ·cited 35×
  G.P., an adoptive mother, appeals an order vacating a final adoption judgment that terminated her legal parent-child relationship with a five-year-old child. The Fifth District Court of Appeal reversed, holding that the circuit court had subject matter jurisdiction over the adopt
• Savage v. Rowell Distrib. Corp.
  95 So. 2d 415· Fla.· 1957-05-15 ·cited 33×
  A creditors' bill sought to set aside a deed conveying property to a minor defendant Robert N. Savage as fraudulent. The trial court entered a default decree against the minor without appointing a guardian ad litem. The Florida Supreme Court held that while failure to appoint a g
• Johnson v. State
  226 So. 2d 884· Fla. 2d DCA· 1969-10-03 ·cited 32×
  A defendant cannot be convicted of receiving stolen property as a lesser-included offense of larceny of an automobile, because these are separate, substantive, and legally inconsistent offenses, and receiving stolen property is not a necessary element in proving theft.
• Sterling Factors Corp. v. U.S. Bank Nat'l Ass'n
  968 So. 2d 658· Fla. 2d DCA· 2007-11-02 ·cited 31×
  Sterling Factors Corporation appeals the denial of its motion to set aside a final summary judgment of foreclosure. Sterling held a second mortgage on property that was foreclosed and sold by the first mortgagee, U.S. Bank. The court affirmed the denial, holding that while sectio
• Ponder v. Wm. D. Moseley
  2 Fla. 207· Fla.· 1848-01-01 ·cited 31×
  This Florida Supreme Court case addresses whether a judgment and execution issued by a territorial court is void when the defendants' letters of administration were revoked after judgment but before the execution sale. The court held that a judgment of a court of general jurisdic
• Pen-Ken GAS & OIL Corp. v. Warfield Natural Gas Co.
  137 F.2d 871· 6th Cir.· 1943-06-01 ·cited 30×
  The court held that the record supported the conclusion that the party had no interest in the land at the time of the forfeiture action, and that the prior opinion's reasoning regarding the posting of notice and the best evidence rule was ultimately correct despite minor inaccura
• Tannenbaum v. Siobhan H. Shea
  133 So. 3d 1056· Fla. 4th DCA· 2014-01-08 ·cited 29×
  A former husband appeals a trial court's order vacating a provision in an agreed child support judgment that divested the court of jurisdiction over a $70,000 money judgment. The appellate court reverses, holding that the divestiture provision did not violate public policy becaus
• Miller v. Preefer
  1 So. 3d 1278· Fla. 4th DCA· 2009-02-18 ·cited 29×
  Miller appeals a trial court judgment refusing to declare a covenant not to compete in a 1994 settlement agreement void as an illegal restraint of trade under Florida law. The appellate court affirmed, holding that because the settlement agreement was incorporated into the final
• Anamaria Santiago v. Mauna LOA Invs., LLC
  189 So. 3d 752· Fla.· 2016-03-17 ·cited 27×
  The Florida Supreme Court reversed the Third District Court of Appeal's decision vacating a default judgment in a premises liability case, holding that the district court improperly considered documents outside the complaint when determining whether the complaint stated a cause o
• Nigel Shepheard and Heather Shepheard v. Deutsche Bank Tr. Co. Americas
  922 So. 2d 340· Fla. 5th DCA· 2006-02-24 ·cited 25×
  Deutsche Bank foreclosed on a mortgage held by UK residents Nigel and Heather Shepheard. The appellate court affirmed the foreclosure judgment against Nigel Shepheard, who had voluntarily appeared in the proceedings, but reversed the judgment against Heather Shepheard because the
• Paleias v. Wang
  632 So. 2d 1132· Fla. 4th DCA· 1994-03-09 ·cited 25×
  The court addressed whether personal service on a nonresident defendant outside Florida requires an allegation of nonresidency in the complaint when the defendant committed a tortious act in Florida. The court held that under Florida's long arm statute §48.193, an allegation of n
• Roberts v. Seaboard Sur. Co.
  158 Fla. 686· Fla.· 1947-04-01 ·cited 25×
  This case concerns whether a default judgment against Seaboard Surety Company was properly entered when the underlying declaration named it as a joint defendant alongside Southeastern Construction Company, but the bill of particulars (made part of the declaration) showed an accou
• Mitchum v. State
  251 So. 2d 298· Fla. 1st DCA· 1971-08-12 ·cited 24×
  This is the second interlocutory appeal in an obscenity case where the state sought to enjoin appellants from selling hardcore pornographic magazines. The Florida appellate court affirmed the trial court's injunction order, holding that no expert testimony is required for materia
• State ex rel. Val Campbell & Pluma Louise Palmer v. Forrest Chapman
  145 Fla. 647· Fla.· 1941-01-15 ·cited 24×
  The Florida Supreme Court held that a petition for letters of administration filed in Sarasota County Court, which alleged the deceased was "late of Sarasota County" and left property there, was sufficient to invoke the county judge's jurisdiction over the probate matter. The Cou
• Lord v. F. M. Dowling Co.
  52 Fla. 313· Fla.· 1906-06-01 ·cited 24×
  The Florida Supreme Court upheld a default judgment against A. W. Lord for debt owed to F. M. Dowling Company, rejecting arguments that the judgment was void because it included an unmatured promissory note and lacked sufficient proof of attachment grounds. The court held that wh
• Dep't OF Health & Rehabilitative Servs. v. Morley
  570 So. 2d 402· Fla. 5th DCA· 1990-11-21 ·cited 22×
  The court held that while parents cannot contract away a child's right to support, an unappealed final judgment of dissolution, even if incorporating a voidable agreement, remains valid and binding.
• Jere Lane Henry v. Tinsley
  344 F.2d 109· 10th Cir.· 1965-04-12 ·cited 22×
  The court held that the appellant had not exhausted his state court remedies, as required by 28 U.S.C. § 2254, when he filed his federal habeas corpus petition.
• Bradburn v. McINTOSH
  159 F.2d 925· 10th Cir.· 1947-02-04 ·cited 22×
  The court held that the order restoring Nancy to capacity was not void, and the bank was a holder in due course, thus Nancy was not entitled to relief against the McIntoshes or the bank.
• Great Am. Ins. Co. v. Bevis
  652 So. 2d 382· Fla. 2d DCA· 1995-01-13 ·cited 21×
  A judgment obtained through substituted service of process is void if the complaint fails to allege in the language of the applicable statute the jurisdictional bases required for such service, and an insurer that intervenes in the action has standing to challenge the judgment on
• Condo. Ass'n OF LA MER Ests., Inc. v. The Bank OF NEW York Mellon Corp.
  137 So. 3d 396· Fla. 4th DCA· 2014-02-19 ·cited 20×
  The Fourth District Court of Appeal reversed a trial court's order vacating a default judgment quieting title, holding that a default judgment based on a complaint failing to state a cause of action is voidable, not void, and therefore subject to the one-year time limit for chall
• Decker v. Kaplus
  763 So. 2d 1229· Fla. 5th DCA· 2000-06-02 ·cited 20×
  The Deckers appealed a default judgment against them, arguing it was void because the process server who served them lacked proper certification under Florida law. The appellate court affirmed the trial court's denial of their motion to set aside the judgment, holding that while
• COY v. Johnston
  136 F.2d 818· 9th Cir.· 1943-06-25 ·cited 20×
  The court held that the sentence on count two was invalid as it exceeded statutory limits, but the sentence on count one was valid and should be upheld.
• Diaz v. Parkland Ests.
  114 Fla. 273· Fla.· 1934-03-14 ·cited 20×
  Frank Diaz challenged a judgment rendered against him by Parkland Estates, a corporation that was in default under Florida's 1931 corporate compliance statute requiring periodic fee payments and report filings. The Florida Supreme Court held that judgments rendered by corporation
• State Farm Mut. Auto. Ins. Co. v. Statsick
  231 So. 3d 528· Fla. 2d DCA· 2017-07-14 ·cited 19×
  State Farm appeals the trial court's order vacating a stipulated judgment for $30,000 in a personal injury protection benefits dispute, arguing that the judgment cannot be void merely because the underlying settlement agreement allegedly lacked a meeting of the minds regarding th
• Dage v. Deutsche Bank Nat'l Tr. Co.
  95 So. 3d 1021· Fla. 2d DCA· 2012-08-24 ·cited 19×
  A judgment is not void, and thus cannot be vacated under Rule 1.540(b)(4), simply because the plaintiff may have lacked standing at the time of filing suit, especially when the defendant has defaulted.
• Myrick v. Walters
  666 So. 2d 249· Fla. 2d DCA· 1996-01-12 ·cited 19×
  The court held that the trial court erred by vacating a final judgment without giving the plaintiff an opportunity to present evidence in opposition to the motion to vacate.
• The Bank OF NEW York Mellon v. Condo. Ass'n OF LA MER Ests., Inc.
  175 So. 3d 282· Fla.· 2015-09-17 ·cited 16×
  The Florida Supreme Court held that a default judgment based on a complaint that fails to state a cause of action is voidable, not void, when the defendant was properly notified and had adequate opportunity to raise the pleading defect before judgment. This decision resolves a co
• Zaro v. Strauss
  167 F.2d 218· 5th Cir.· 1948-04-16 ·cited 16×
  A default judgment against an adjudicated incompetent is voidable if proper service on a guardian or guardian ad litem was not made, and if the incompetent had a meritorious defense.
• Merlande Richard and Elie Richard v. Bank of Am.
  258 So. 3d 485· Fla. 4th DCA· 2018-11-14 ·cited 15×
  A judgment is void when it violates due process guarantees of notice and an opportunity to be heard, including when summary judgment is granted without a hearing. A void judgment may be challenged at any time under rule 1.540(b)(4), regardless of when the movant learned of it.
• Krueger v. Ponton
  6 So. 3d 1258· Fla. 5th DCA· 2009-03-13 ·cited 15×
  The Kruegers obtained a default judgment against the Pontons for a bad check under Florida's treble damages statute, but the trial court set aside the judgment as void. The appellate court reversed in part, holding that the damages claim for the check amount and treble damages we
• Merchs. & Mechanics Bank v. Sample
  98 Fla. 759· Fla.· 1929-10-23 ·cited 15×
  In this case involving a joint and several note, the Florida Supreme Court held that where a creditor obtains a judgment against only one of multiple joint obligors, that judgment—though erroneous—does not deprive the court of jurisdiction over co-obligors whose pleas remain undi
• Epstein v. Bank OF Am.
  162 So. 3d 159· Fla. 4th DCA· 2015-01-28 ·cited 14×
  A homeowner appeals the trial court's order granting a bank's motion to vacate a final foreclosure judgment entered over three years earlier due to an incorrect legal description in the mortgage. The Fourth District Court of Appeal reversed, holding that the judgment was voidable
• Zitani v. Reed
  992 So. 2d 403· Fla. 2d DCA· 2008-10-15 ·cited 14×
  Zitani appeals a summary judgment dismissing his action to vacate a California judgment that the Reeds domesticated in Florida, claiming the judgment violated his bankruptcy discharge injunction. The court affirmed, holding that while the judgment may be voidable under bankruptcy