..., declared the order "void ab initio," and vacated it. Plaintiff's motion for a nonsuit was then granted, dismissing the original action without prejudice. Defendant appeals. 1.... Whether the trial court had authority to vacate the final order and grant a nonsuit of this action depends upon whether an order entered in violation of Rule 1:13 is void ab initio or merely...final order void ab initio or merely voidable. For the reasons that follow, the failure to comply with Rule 1:13 renders an order voidable, not void ab initio. ...

...2003), was controlling, and granted summary judgment in favor of the insurers. On appeal, the Adkinses argue that Galatis is void ab initio and therefore not..., is Galatis. If Galatis is void ab initio, then the District Court's decision herein is erroneous." 1. The district court erred in...felt "duty-bound to accept the holdings of Galatis" if it had concluded that Galatis was void ab initio, as was by urged by the Adkinses, possibly resulting in a different...

...Deborah MacDougall married in 2002. During a divorce proceeding 10 years later, Levick asserted—for the first time—that their marriage was void ab initio. On this ground, Levick claimed that he could...agreed only in part, holding that the marriage was merely voidable, not void ab initio. We disagree entirely with Levick's reasoning and hold that the marriage was not voidable or void ab initio. .... The parties filed for divorce in 2011. Nearly two years into the divorce litigation, Levick filed a motion arguing for the first time that the marriage was void ab initio—that is, a "complete nullity...

...discovered these facts, it cancelled the policy and refused coverage of the accident on the ground that its policy was void ab initio. It is stipulated that Inland would not have issued the.... Insurance — Application — Misstatement by insured as to age — Policy not void ab initio, when — Application not incorporated in policy, w..., standing alone, does not render the policy void ab initio and may not be used to avoid liability arising under the policy after such liability has been incurred. 2. In order...

...defendant's later theft from the building could be construed as a subsequent act that rendered his permission to enter it void ab initio. If this is the case, Mungro contends that the elements of N.C...consent void ab initio.” Boone, 256 S.E.2d at 687 n. 3. To the contrary: Boone makes clear that a defendant's entry into a...Boone entered the clothing store with the owner's consent, under Mungro's theory Boone's subsequent larceny would have rendered that consent void ab initio, supporting his conviction...

...(Bankr. S.D. Fla. 2005). Under these cases, as noted by the Rios court, a case initiated by an ineligible debtor's petition is void ab initio. Rios, supra, at *1.... Whether a filing by an individual ineligible under § 109(h) commences an effective case or one that is void ab initio is important because the answer affects how the automatic stay of... jurisdictional. Valdez, supra. Likewise, because the filing of a petition by a debtor ineligible under § 109(h) does not commence a case under the void ab ...

...service requirements imposed by Rules of Court. 2. JUDGMENT — INVALID SERVICE — JUDGMENT VOID Ab Initio. — Proceedings conducted where the attempted service was invalid render judgments arising...therefrom void ab initio. 3. JUDGMENT — JUDGMENT VOID Ab Initio — PROOF OF MERITORIOUS DEFENSE UNNECESSARY. — In cases where judgments are void, proof of a meritorious defense is unnecess...— SERVICE OF SUMMONS AND COMPLAINT INSUFFICIENT — JUDGMENT WAS VOID Ab Initio. — Where there was no evidence that appellee had directed the summons and complaint to be mailed with restricted delivery, as...

...required by R.C. 2945.06, deprives the court of subject-matter jurisdiction in a capital case when a defendant has waived the right to trial by jury, so as to render the trial court's judgment void ab initio and...the court, does the failure of the court to convene a three-judge panel, as required by R.C. 2945.06, constitute a lack of subject-matter jurisdiction rendering the trial court's judgment void ab initio and...panel, as required by R.C. 2945.06, does not constitute a lack of subject-matter jurisdiction that renders the court's judgment void ab initio and subject to collateral attack in habeas corpus...

.... O.Jur 3d Judgments § 587. 3. A judgment rendered by a court lacking subject matter jurisdiction is void ab initio. 4. The authority to vacate a ...judgment rendered by a court lacking subject matter jurisdiction is void ab initio. Consequently, the authority to vacate a void judgment is not derived from Civ. R. 60(B), but rather...— Attorney-client relationship is "consumer transaction" — Judgment may not be rendered upon warrant of attorney, when — R.C. 2323.13 — Courts have inherent power to vacate void judgments...

...(Coregis). On appeal, plaintiffs argue that the circuit court erred in finding that an insurance policy issued by Coregis was void ab initio due to a material misrepresentation made by its insured in...applying for the policy. For the following reasons, we find that, while the policy was not void ab initio, but, instead, merely voidable, Coregis did not waive its right to void the policy...Hubka had made a material misstatement on his application for renewal in October 1995, the policy was void ab initio. The court further stated: "Since...

...clear that failure to comply with the conditions set forth in Michigan's foreclosure-by-advertisement statute does not render flawed foreclosures void (i.e., void ab initio ) but merely...foreclosure proceedings, as required by Mich. Comp. Laws § 600.3204(3), rendered the subsequent sheriff's sale void ab initio. Id...case. Kim, 825 N.W.2d at 336–37. “Void ab initio ” is...

...), (a)(3)(A) (West 2012)), which were declared facially unconstitutional in Aguilar after defendant's arrest, defendant argued that the void ab initio doctrine retroactively invalidated...and recover that gun. Post-Aguilar, Judge, he didn't because that portion of the statute was found to be unconstitutional. It was found to be void. It had [sic] ab initio. The...is void ab initio then it is like it never existed. And if it never existed it is that portion of the statute [ sic] then the officer didn't have probable cause...

...services agreement entered in June 2000 (the June 2000 HSA). PacifiCare's complaint alleges that the June 2000 HSA is void ab initio due...to a condition subsequent. Among other things, the complaint seeks a judgment declaring the June 2000 HSA void ab initio and declaring its rescission, and enforcement of the parties' rights...opposed arbitration, contending that PacifiCare had waived its right to invoke arbitration by expressly repudiating the June 2000 HSA and seeking its judicial rescission on the ground it was void ab initio. Saint...

...bankruptcy court dismissed Prudential's motion for relief from the automatic stay as moot stating that, if a sale had occurred in violation of the stay. The sale was void ab initio. Moreover, it held...the court correctly articulated the general principle that any creditor action taken in violation of an automatic stay is void ab initio, see...proceedings that would otherwise be void ab initio. As the Fifth Circuit has acknowledged, "[t]he power to annual authorizes the court to validate actions taken subsequent to the impressing of the...

..., for an accounting, and, in effect, for a judgment declaring that a certain contract dated August 30, 1989, was void ab initio, the...judgment declaring that the contract was void ab initio. Certilman Balin Adler Hyman, LLP, East Meadow, N.Y. (Edward G. McCabe of counsel), for...County, for the entry of a judgment declaring that the contract dated August 30, 1989, was void ab initio. In 1986 the plaintiff, Kwang Hee Lee, and nonparty Byoung Heung Oh...

..., because Best declared Public Act 89-7 unconstitutional, the act was void ab initio. In effect, Public Act 89-7 "never was." Thus, defendants argued that the exception to the statute of repose...countered that the void ab initio doctrine does not govern this case. Plaintiffs relied on Illinois case law holding that where a legislative change in a statute of repose would otherwise...law. The circuit court acknowledged that the result might be harsh, but nonetheless applied the void ab initio doctrine and dismissed plaintiffs' complaint with prejudice...

.... This court granted certiorari to review the ruling of the Court of Appeals that a writ of possession is void ab initio where the oath required by Code Ann. § 67-702 is made before a notary...Practice Act, and the Court of Appeals erred in holding the petition void ab initio. Anything to the contrary in Jordan v. Ford Motor Credit Co...