Court Filter
FEDERAL COURTS
STATE COURTS
Judge Filter
Judge name
Motion Filter
Filter by Motion
Other Filters
Year Filter
To
2021 Onwards
970
From 2011 To 2020
1216
From 2001 To 2010
473
From 1991 To 2000
158
From 1981 To 1990
60
From 1971 To 1980
27
From 1961 To 1970
21
From 1951 To 1960
10
Before 1950
25

Cases cited for the legal proposition you have searched for.

There are no alerts added for the related case. Please create new alert(s).

1

...). This was the philosophy that undergirded our Murata decision, in which Judge Becker, writing for the court, acknowledged that a scrivener's error exception "would seem at odds with [the statutory...reason for disallowing the scrivener's error exception in a multiemployer context, say the majority, is that "multiemployer plans must be able to rely on the plain language of collective bargaining.... V. The Fund never relied on the scrivener's error, nor does it deserve a windfall. Moreover, in Murata we resolved the fundamental tension between recognizing an exception for...


Court: United States Court of Appeals, Third Circuit.
Date: Jun 12, 1996 Cited By: 109 Coram: 2
2

...deficiency is due to a scrivener's error. Maxwell v. Maxwell, supra; Thompson v. Stack, 21 Wn.2d 193, 150 P.2d 387 (1944). Here, the attorney who drafted the deed inadvertently left the section, township, range, and meridian off the deed. This constituted a scrivener's error. [3] Peterson, however, claims that the "scrivener's error" exception is...Exception Finally, Peterson claims that the deed in question is not subject to reformation under either the scrivener's error or mutual mistake exception since it was a gift. As such...: Holding that the first deed was subject to reformation due to a scrivener's error or a mutual mistake, the court affirms the judgment. James...


Court: The Court of Appeals of Washington, Division One.
Date: Aug 26, 1991 Cited By: 21 Coram: 1
3

...) (quoting Caminetti v. United States, 242 U.S. 470, 485 (1917)). Perhaps there is a scrivener's error exception to...revoked, even though sentencing orders can be. His mistake, in any case, tells us nothing about how Congress may have used "revoke" in the statute. The gunner's error is, as Justice Scalia notes, one...


Court: U.S. Supreme Court
Date: May 15, 2000 Cited By: 1010 Coram: 4
4

...scrivener's error. That is, it mistakenly refers to "section 3113.31" instead of "section 2903.211" as defining "[f]amily or household member" for purposes of R.C. 2903.214. (Emphasis added.) In my view, it is therefore unnecessary to resort to any other exception or.... {¶ 33} A "scrivener's error" is a phrase more commonly associated with legal documents and judicial opinions. But it is also an exception to the general rule requiring the strict..."scrivener's error exception" and "the absurdity doctrine" as distinct exceptions to the doctrine of strict construction). The hallmark of the "scrivener's error" exception is that "the meaning genuinely...


Court: COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY
Date: May 1, 2020 Cited By: 1 Coram: 1
5

...of constitutional avoidance, the scrivener's error exception, and the absurdity doctrine. A The constitutional avoidance.... B Congress's use of the term "less," as opposed to a word that means the exact opposite, is not a scrivener's error that this court may casually correct. The scrivener's error exception to.... See, e.g., U.S. Nat'l Bank of Or. v. Indep. Ins. Agents of Am., Inc., 508 U.S. 439, 462 (1993) (correcting a scrivener's error of misplaced punctuation marks...


Court: United States Court of Appeals, Ninth Circuit.
Date: May 31, 2006 Cited By: 22 Coram: 6
6

.... . . . Whenever there is such a plausible basis for believing that a significant change in statutory law resulted from scrivener's error, I believe we have a duty to examine legislative history. Lamie, 450 U.S. at ___, 124 S.Ct. at 1035 (Stevens, J., concurring) (emphasis supplied). Justice Stevens' dissent is relevant to the "scrivener's error exception" to..."scrivener's error exception" to the plain meaning rule Even so, the government presents compelling evidence in the form of Rule 16's history and Advisory... plain meaning rule that was not discussed by either party: the so-called "scrivener's error exception." One commentator described this exception as a...


Court: United States District Court, N.D. Alabama. Southern Division.
Date: Oct 5, 2004 Cited By: 6
7

...legislation requires a trial court to apply the ordinary meaning of the statutory text, unless one of three recognized exceptions is applicable: the scrivener's error exception, the absurdity doctrine, or.... In applying the scrivener's error exception to provisions of the 2005 Act's exemption provision [ 11 U.S.C. § 522(p)], a court stated..., 143 L.Ed.2d 1 (Scalia, J., dissenting) (1999). Further, he acknowledged, "I search for a plausible purpose because a text without one may represent a 'scrivener's error' that we may properly...


Court: United States Bankruptcy Court, S.D. Ohio.
Date: Jan 26, 2007 Cited By: 77
8

...or add terms thereto that were not included by the parties. A scrivener's error presents an exception to this general rule, because scrivener's errors are difficult to prevent, and no useful social...purpose is served by enforcing mistaken terms. 7. A change to a document that is contractual in nature because of a scrivener's error presents a significant exception to a well..., 608 S.E.2d 901, 904 (2005) (court determines the intent of the testator from the plain language of the will and cannot add words to the will). A scrivener's error presents an exception to...


Court: Supreme Court of Virginia.
Date: Nov 4, 2005 Cited By: 40 Coram: 1
9

...majority opinion, I did so based on the notion that the Court could characterize what occurred in this case as a "scrivener's error." However, I now recognize that an error in an oral pronouncement cannot be properly labelled as "scrivener's error." My overriding concern is that for the Court to endorse an exception that...). Florida Rule of Criminal Procedure 3.800(b) specifically provides that a motion to correct a scrivener's error may be filed by the State. A scrivener's error literally refers to a written error. The...definition for scrivener's error in Black's Law Dictionary directs the reader to "[s]ee clerical error." Black's Law Dictionary 1349 (7th ed. 1999). However, we have defined scrivener's...


Court: Supreme Court of Florida.
Date: Jan 9, 2003 Cited By: 198 Coram: 3
10

...exception of a scrivener's error on the judgment form, which incorrectly lists attempted armed robbery as a life felony rather than a second degree felony, we affirm the judgment against appellant for...


Court: District Court of Appeal of Florida, First District.
Date: Dec 15, 1992 Cited By: 0 Coram: 1
11

...was revoked. We affirm in all respects with the exception of remanding for correction of a scrivener's error in the fine amount, which Dziekan brought to the trial court's attention via motion to...defendant need not be present for correction of a scrivener's error). AFFIRMED and REMANDED with instructions. TRAVER, C.J., and WOZNIAK, J., concur. Blair Allen...correct sentencing error. See Fla. R. Crim. P. 3.800(b)(2); Rowan v. State, 396 So. 3d 634, 635 (Fla. 6th DCA 2024). The State concedes that the written order incorrectly reflects a fine...


Court: District Courts of Appeal
Date: Nov 21, 2025 Cited By: 0
12

...Mortgage as counsel for Wolf Mountain. Rauch's affidavit described the drafting process and stated, There was no typographical or scrivener's error in the final “due on sale” clause incorporated into the final Leasehold Mortgage. The Second Exception to...parties was clear and that “the error of placing ‘ee’ rather than ‘or’ was the product of confusion or a scrivener's error.” ¶ 7 The district court then reformed the Mortgage so that the Exception referred...error by the district court. ASCU's allegation of scrivener's error constitutes an allegation of mutual mistake by the parties as to the language of the Exception. See, e.g...


Court: Court of Appeals of Utah.
Date: Dec 15, 2011 Cited By: 6 Coram: 1
13

...priority rule for individual Chapter 11 cases. Some courts have argued that the reference to (a)(14) is a scrivener's error and that therefore the exception is.... at 861 n. 21. Therefore, the Court may not correct the scrivener's error. The exception is subject to the requirements of (a)(14...” interpretation. The result of this interpretation is that the exception applies to income received by the debtor for postpetition services, but not to assets owned as of the petition date. The minority...


Court: United States Bankruptcy Court, S.D. Texas, Houston Division.
Date: Dec 30, 2011 Cited By: 3 Coram: 1
14

...numbers, with the exception of one scrivener's error in the social security number in the 1993 assault record. The district court did not err in finding by a preponderance of the...burden of proof. We review a district court's factual findings regarding a defendant's prior convictions for clear error and review the use of such convictions for sentence enhancement de novo...facts increasing punishment should be found by a jury beyond a reasonable doubt but noting that holding did not disturb the Almendarez-Torres exception for facts of prior conviction); United...


Court: United States Court of Appeals For the Eighth Circuit
Date: Apr 10, 2015 Cited By: 0 Coram: 2
15

...)(14) is a scrivener's error and that therefore the exception is actually subject to the requirements of subsection (a)(15). See In re Shat...obligation was not current.” Id. at 861 n. 21. Therefore, the Court may not correct the scrivener's error. The exception is subject to the requirements of (a)(14). The.... 505 (Bankr.C.D.Cal.2011); In re Maharaj, 449 B.R. 484 (Bankr.E.D.Va.2011). This is known as the “narrow” interpretation. The result of this interpretation is that the exception applies to...


Court: United States Bankruptcy Court, S.D. Texas, Houston Division.
Date: Mar 21, 2012 Cited By: 9 Coram: 1
16

...the exception of an apparent scrivener's error in the date of defendant's second request to the district attorney. The record shows that defendant made his second request on July, not February, 16..., 1981. That error does not affect our analysis. We reject defendant's argument that he is entitled to dismissal of the indictments because he substantially complied with the...


Court: Oregon Court of Appeals.
Date: Sep 21, 1983 Cited By: 4
17

...exception of this scrivener's error, the summary as set forth by the magistrate judge in his report and recommendation is adopted in full. II... contrary, the magistrate judge's scrivener's error regarding Fox's absent right ankle jerk had no bearing on his later analysis. See ECF..., with a single exception. As Plaintiff Fox notes in her first objection, the report and recommendation mistakenly notes that Dr. Sabbagh found that...


Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION
Date: Mar 4, 2016 Cited By: 3 Coram: 1
18

...absolute priority rule for individual Chapter 11 cases. Some courts have argued that the reference to (a)(14) is a scrivener's error and that therefore the exception is.... at 861 n. 21. Therefore, the Court may not correct the scrivener's error. The exception is subject to the requirements of (a)(14...” interpretation. The result of this interpretation is that the exception applies to income received by the debtor for postpetition services, but not to assets owned as of the petition date. The minority...


Court: United States Bankruptcy Court, S.D. Texas, Houston Division.
Date: Dec 30, 2011 Cited By: 0 Coram: 1
19

...Form that is part of the policy. a. Scrivener's Error In Virginia, as elsewhere, a "scrivener's error" presents a narrow and demanding exception to the...., 270 Va. 566, 575-76, 621 S.E.2d 114, 118 (2005). The Supreme Court of Virginia most recently discussed the doctrine of scrivener's error in Westgate. The Supreme Court of Virginia began its analysis by squarely embracing the "well-settled [rule] that a court is not permitted to rewrite a document or add terms not included by the parties." Id. at 575, 621 S.E.2d at 118. The Court recognized, however, an exception to...)). Nevertheless, the Court emphasized that it "must construe that term [ i.e., scrivener's error] narrowly" because a change to a document based on a "scrivener's error" represents a significant exception to...


Court: United States District Court, E.D. Virginia.
Date: Jan 16, 2009 Cited By: 28 Coram: 1
20

...fine and a $500 survey fee against Wellsprings. Both parties filed exceptions to the recommended order. AHCA granted an exception to a scrivener's error, granted in part the...exceptions regarding Counts IX, X, XI and XIII, and denied the other exceptions. Accordingly, AHCA issued a final order that corrected the scrivener's error, rejected the ALJ's findings in favor of...affirm without further discussion. We remand for entry of a final order adopting the ALJ's recommended order and correcting the scrivener's error in paragraph 53. AFFIRMED in part; REVERSED in part; and REMANDED. ...


Court: Florida Court of Appeals, Sixth District
Date: Feb 16, 2024 Cited By: 0 Coram: 1

Cases cited for the legal proposition you have searched for.

There are no alerts added for the related case. Please create new alert(s).