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MOTIONS (Beta)
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BEFORE THE COURT is correspondence from Plaintiff (Dkt. 37), construed as a motion to reconsider the order denying his fifth pro se motion to vacate a void-ab-initio judgment....).
Notwithstanding, since that Order and prior to the filing of his present motion, Plaintiff has filed five motions to vacate a void-ab-initio judgment and one motion for reconsideration of the...reconsider the Order denying his fifth pro se motion to vacate a void-ab-initio judgment. Because Plaintiff attempts to reargue the claims he raised in his prior motions to vacate a void-ab...
...motion that the court construes to be another motion to vacate from the void-ab-initio judgment. Because of his pattern of filing frivolous and repetitive filings in this action, Judge Whittemore...after Judge Whittemore entered his order, Mr. Singleton submitted a motion to vacate from the void-ab-initio judgment. A November 24, 2020 order explained Mr. Singleton failed to comply with Judge..., Mr. Singleton did not submit a motion for leave to file as directed by Judge Whittemore. Instead, Mr. Singleton only submits what the court construes as another motion to vacate from the void-ab-initio judgment. ...
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On September 15, 2021, Mr. Treece Singleton submitted a motion the court construes as a motion seeking leave to file another motion to vacate from the void-ab-initio judgment. Because of his.... 40, p. 3).
In November 2020, a month after Judge Whittemore entered his order, Mr. Singleton submitted a motion to vacate from the void-ab-initio judgment. A November 24, 2020.... (See Doc. 41). On March 19, 2021, Mr. Singleton again submitted a motion to vacate from the void-ab-initio judgment without first seeking leave. (Doc. 47). Mr. Singleton's motion was again denied and Mr...
...Court of Ohio affirmed the judgment of this court. Id. at ¶ 5. {¶ 10} Appellant then filed a motion to vacate a void, ab initio, judgment on...appeal, appellant again appeals the trial court's judgment entry of December 14, 2007, denying his pro se "Motion to Vacate A Void, Ab Initio, Judgment." On appeal, appellant asserts the following....)
{¶ 13} Appellant filed a notice of appeal on March 3, 2009 from the December 14, 2007 judgment denying his "Motion to Vacate a Void, Ab Initio, Judgment." In dismissing appe...
..., commenced this mandamus or procedendo action against the respondent, Judge John Russo, to compel the judge to decide and issue findings of fact and conclusions of law for a "Motion to vacate void ab initio order" which Co... copy of a June 11, 2010 journal entry which states as follows: "Defendant's motion to vacate the void ab initio judgment entry of 8/14/1992, filed August 11,...1330.
{¶ 3} Accordingly, this court grants the respondent judge's motion for summary judgment and denies Cotton's application for writs of mandamus or procedendo. Each side...
.... Appellant, Jeremy Kerr, contests the trial court's denial of his "Motion to Vacate Void Ab Initio Judgment." For the following reasons, we affirm...substitute for an appeal. Appellant did not appeal the trial court's May 8, 2012 judgment.
{¶ 8} On April 14, 2014, appellant filed the present "Motion to Vacate Void Ab Initio ...appellant's "Motion to Vacate Void Ab Initio Judgment" on May 16, 2014.
{¶ 10} Appellant has timely appealed the trial court's May 16, 2014 judgment, and now asserts one assignm...
..., House filed a Motion to Vacate and to Declare Void Ab Initio Judgment of Conviction and Sentence in the Circuit Court. (ECF No. 1-1, at 1.) On February 2...House's Motion for lack of jurisdiction. (ECF No. 11-4, at 1.)
House signed the Motion to Vacate and to Declare Void Ab Initio Judgment of...omitted). In this petition, House contends that the Circuit Court for the County of Brunswick violated his right to due process with respect to his Motion to Vacate and to Declare Void Ab Initio Judgment of...
...void ab initio.
Judgment in favor of plaintiff for $424.53. Parties may call for exhibits at clerk's office.
...
...the accused has waived his right to a preliminary hearing. The exaction of a peace bond based upon the warrant only would be void ab initio.
Judgment affirmed. Eberhardt and Deen, JJ., conc...when the bond would have expired automatically. The bond was void at the time of the alleged violation, and a verdict for defendant was demanded.
Albeit obiter we wish to caution...
...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 d...— 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...
...common-law order book, ....
The failure to serve a copy of the
order within [60] days from the date of entry thereof shall render the judgment void as to any debtor not so served. ....
The provisions of Code § 8.01-433 do not apply to Ayers’ challenge to the confessed judgments. Because Ayers asserted that the confessed judgments are void ab initio pursuant to Co...void ab initio is regarded as a "complete nullity." See, e.g. , Singh v. Mooney , 261 Va. 48, 52, 541 S...
....
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...
...appeals from the Hamilton County Common Pleas Court's judgment overruling his "Motion to Vacate Void 4/25/17 Judgment Entry Via * * * 2/2/12 Void Ab Initio Judgment Entry." Because the co...or from his 2016 or 2017 convictions for violating community control. In August 2017, he filed with the common pleas court his "Motion to Vacate Void 4/25/17 Judgment Entry Via * * * 2/2/12 Void Ab Initio ...
{¶14} Because the common pleas court had no jurisdiction to entertain Siemering's "Motion to Vacate Void 4/25/17 Judgment Entry Via * * * 2/2/12 Void Ab Initio ...
...assignment of error for our review:
1. The trial court erred by applying the prerequisite (sic) of Civ.R. 60 to a void ab initio judgment.
...lacked jurisdiction over him because he was not the proper defendant. Thus, appellant concludes that the judgment is void ab initio, and consequently the requirements of a Civ.R. 60(B) motion are not...-Ohio-239 (Jan. 25, 2002), in which we held that because the trial court lacked personal jurisdiction over the appellant, Timothy Blakeman, the judgment was void ab initio and he was not compelled to...
....3d 70, 71. A judgment rendered by a court that lacks subject matter jurisdiction is void ab initio. Patton v. Diemer (1988), 35 Ohio St.3d...the settlement agreement into judgment and its finding of contempt are void ab initio. As a result, these entries may and should be vacated. See Cincinnati School Dist. Bd. of Edn. v. Hamilton..., and the matter is remanded. The trial court is directed to vacate all orders and entries journalized following the December 29, 1997 dismissal entry as being void ab initio.
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{¶ 11} Appellant subsequently filed a pro se "Motion to Vacate a Void, Ab Initio, Judgment" on November 2, 2007, in the trial court. Appellant raised the same issue that...pro se "Motion to Vacate A Void, Ab Initio, Judgment." In State v. Pesci, 11th Dist. No. 2009-L-032, 2009-Ohio-6385, appellant asserted the following assignment of error: "The trial court has...Lake County Court of Common Pleas denying his "Motion to Vacate Void Judgment Based on Jury Verdict Forms." In his motion, appellant argued that his jury verdict forms did not comply with R.C. 2945.75...
..., because the order was voidable, the trial court lacked jurisdiction to modify the order once twenty-one days had passed.
Wife also argues that the final decree is void ab initio because it was...renders an order voidable, not void ab initio." Singh v. Mooney, 261 Va. 48, 51...ab initio because it did not comply with Rule 1:13.
Drafts of orders and decrees shall be endorsed by counsel of record, or reasonable notice of the...
...decision, the SCV disagreed with the circuit court's determination that the judgments were void ab initio. Instead, it concluded that they were merely voidable. Id. at 781. Reasoning that circuit court thus lacked ju...to vacate or to reopen the criminal proceedings. But even if he is correct, and his judgment is void ab initio, a number of other courts have held that federal habeas petitions challenging the validity of the under...even as void ab initio—still must comply with the applicable statute of limitations. In Frazier v. Moore, 252 F. App'x 1 (6th Cir. 2007), for example, the c...
..., 828 N.E.2d 107. It must also be noted that Cotton filed a "motion to vacate the void ab initio judgment entry of August 14, 1992, pursuant to Ohio Criminal R. ...judgment, which we grant for the following reasons. {¶ 2} In order for this court to issue a writ of mandamus, Cotton must establish a clear...Ohio, in State v. Baker, supra, held that Crim. R. 32(C) requires that a judgment of conviction set forth the following: (1) the guilty plea, the jury verdict, or the finding of the court upon...
...its discretion in terminating Butcher's probation.
{¶ 14} Since the judgment entry terminating Butcher's probation was void ab initio, see ...have lapsed, absent the void ab initio judgment, his probation was completed upon the termination of the initial three year sentence. The decision of the Ashtabula County Court of Common Pleas is...ab initio, the trial court must proceed as if the judgment had not been...