464 So. 2d 674 - Whigham v. Whigham’s Empirical Analysis
1985
Citation profile
13 state decisions
How this case has been cited
Cited by 13 later decisions — most recently July 2015
13 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Malone v. Meres · 453 So. 2d 375 - DeClaire v. Yohanan · Royal Frozen Fish Co. v. Amer Seafoods, Inc. · Watkins v. Johnson · Florida Power & Light Co. v. Nat Harrison Associates, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Assuming that a judgment is null and void for lack of jurisdiction does a Rule 1.540(b) motion for relief not brought within a reasonable time have the effect of making a void judgment valid? The answer is `no.' ... [F]ederal courts have reasoned that since a void federal judgment can be collaterally attacked at any time and because the judgment sustaining the collateral attack would have to be given effect in a subsequent motion for relief to set aside the void judgment, the `reasonable time' limitation must generally mean no time limitation, although there may be exceptional circumstances where the reasonable time limitation would require diligence on the part of the movant. See 7 Moore's Federal Practice ¶ 60.25[4] (2d Ed. 1983). "In DeClaire v. Yohanan, 453 So.2d 375 (Fla. 1984), the Florida Supreme Court ... approved a chart which indicates that there is no time limitation for challenging a void judgment under Rule 1.540(b). Florida courts before and after the adoption of Florida Rule of Civil Procedure 1.540(b) have stated that a void judgment may be attacked `at any time' because such judgment creates no binding obligation upon the parties, is legally ineffective, and is a nullity." Whigham v. Whigham, 464 So.2d 674, 676 (Fla. 5th DCA), pet. for rev. denied, 475 So.2d 696 (Fla. 1985).”
2 later decisions quote this exact passage“In DeClaire v. Yohanan, 453 So.2d 375 (Fla. 1984), the Florida Supreme Court ... approved a chart which indicates that there is no time limitation for challenging a void judgment under Rule 1.540(b). Florida courts before and after the adoption of Florida Rule of Civil Procedure 1.540(b) have stated that a void judgment may be attacked `at any time' because such judgment creates no binding obligation upon the parties, is legally ineffective, and is a nullity.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.