CiteTEXT
...statute is void ab initio means that the statute was constitutionally infirm from the moment of its enactment and, therefore, is unenforceable...doctrine to facially unconstitutional statutes). A declaration that a statute is void
ab initio means that the statute was constitutionally infirm from the moment of its enactment and...applied under any set of circumstances did that error become self-evident. If this court truly means what it says about the void ab initio doctrine, no defendant can properly be prosecuted...
...void has no effect whatsoever. Trook v. Lafayette Bank and Trust Co., 581 N.E.2d 941, 944 (Ind.Ct.App. 1991). The term void ab initio "....
Whether the parties' plea agreement was void ab initio.
Facts and Procedural History
On O...the trial court's ability to withhold judgment, a legal nullity, rendered such plea agreement void ab initio. Therefore, this Court need not consider the terms of the parties' void plea...
...void ab initio pursuant to 75 Pa.C.S.A. § 1547(d)(1)....prior to the test, the charge shall be void ab initio.
The Court of Common Pleas of Philadelphia County entered an Order denying the Petition for Writ of Certiorari...was not under the influence of alcohol. The Superior Court held that the charge against Dennis was void ab initio and therefore vacated the judgment of sentence.
In a...
...a foreign judgment after the expiration of the statutory limitations period are void ab initio. Therefore, we affirm.
FACTS AND PROCEDURAL HISTORY...ab initio means "null from the beginning." Hood ex rel. State Tobacco Litig., 958 So. 2d 790, 815 (¶87) (Miss. 2007) (quoting...Procedure. Mabry argued that the enrollment of the judgment was "void" because it was filed in Mississippi more than seven years after the judgment was entered in Texas. See Miss. Code Ann. § 15...
...Superior Court seeking to vacate the judgment entered against her and declare it "void ab initio." App. 31....attempts to collect on the default judgment in 2019 are per se improper because the Superior Court, two years later, vacated the default judgment and declared it void ab initio. Because "void ab ...obtained an order from the Superior Court vacating the default judgment against her and declaring it void ab initio.
The issue here is whether Defendants-by seeking to collect on the...
...foreign cases, reveals that such a ruling generally means the statute is void ab initio, absent special circumstances. See cases collected in West's Digests, Statutes, Key Nos...in effect. Our conclusion § 44-7-50 was void ab initio means the controlling law in 1979 was Brown, 268 S.C. 479...unconstitutional is deemed void ab initio.
In 1977, we abolished the doctrine of charitable immunity only as it pertained to hospitals, holding a hospital could be held liable for...
...that the ordinance is void ab initio means that it essentially never became law because of its procedural defects; thus, any component of the challenge that contains a time bar, or intended...recovery is not possible. Id. at 1040.
Appellants allege that the void ab initio doctrine applies to this case. Appellants cite to...could not have expired as the appeal period would have never begun.
The Supreme Court further explained that the doctrine of void ab initio "only concerns those claims that...
...unconstitutional and therefore void ab initio. But Harmon is incorrect.
...statutes he was sentenced under would not be void ab initio.
See...the beginning." See Starkey v. State, 382 P.3d 1209, 1212 (Alaska App. 2016).
"A statute is void ab...
...contracting . . . ." (Civ. Code, § 1636.) But he did not. Fish objected to Tsang's proposed construction.
"Ab initio" is a Latin phrase meaning "from the beginning,"...the trial court's prerogative to weigh her conflicting evidence on the meaning of the phrase in the parties' termination agreement. Tsang contends the "termination agreement's term 'void ab initio' capably ...of January 1, 2014 is void ab initio." The court found no basis to conclude that "an agreement the parties have agreed was void ab initio remains enforceable" to require arbitration...
...arbitrate before the NASD and not FINRA. Runnels argues that the arbitration was void ab initio, and therefore cannot be confirmed.
¶ 25. ...opposition to the motion, Runnels made three objections: (1) the contract could not be rewritten and was therefore void; (2) the arbitration was void ab initio and therefore could not be confirmed, and (3...exists, Runnels claims that the court must refuse to confirm the arbitration award on the grounds that the arbitration agreement was void ab initio.
¶ 27. After Runnels executed the...
... effect of a finding that the ordinance is void ab initio means that it essentially never became law because of its procedural defects; thus, any c...or, whether an ordinance is rendered void ab initio by its procedural defect thereby rendering inapplicable the limitations period. The underlying claim regarding the alleged procedural defect...notwithstanding the provisions of Section 909.1(a)(2) and Section 5571(c)(5) because, if proven, the ordinance would be rendered void ab initio...
MOTIONS (Beta)
...initio by operation of the automatic stay in the bankruptcy court. Doc. 32 at 6-7; Doc. 35 at 7-9. Plaintiffs first argue that the issue of whether the lawsuit was void ab initio was not raised..., that the court lacks jurisdiction because Plaintiffs' lawsuit was void ab initio by operation of the automatic stay in the bankruptcy court. Doc. 32 at 6-7; Doc. 35 at 7-9. Plaintiffs...counter that the court did not commit an error of law on the question of standing, and that Defendant's void ab initio argument is waived and baseless. Doc. 33 at 5-10...
...) The Mediation Agreement
[30] Father also argues the Mediation Agreement he entered with M.H. is void ab initio because M.H. lacked standing to file a petition to establish paternity. We agree...") with M.H. Father later asked the trial court to declare that Agreement void ab initio, but the trial court denied his motion.
[2] Father now appeals that denial, raising the...friend, and thus the Mediation Agreement was void ab initio. Additionally, he argues the trial court abused its discretion in declining to award him attorney fees...
...forfeiture and may be raised at any time involves a challenge to a final judgment based on a facially unconstitutional statute that is void ab initio. When a statute is declared facially unconstitutional and ...involves a judgment issued by a court that lacked personal or subject matter jurisdiction, or when it involves a facially unconstitutional statute that is void ab initio. Because defendant's as..., 986 N.E.2d 75 ). Particularly relevant to this appeal, though, this court has held that the void ab initio doctrine does not apply to an as-applied consti...
...tax sale was void ab initio clearly intended to require Marion County to refund the repurchase price of the property. The term "void ab initio" means, literally, "...2006 order") granting Revival Temple's motion to set aside the tax sale:
The tax sale on October 6, 2005 of Parcel 1075277 . . . is void ab initio due to the...October 6, 2005 of Parcel 1075277 . . . is void ab initio due to the principles of Res Judicata. IT IS FURTHER ORDERED that the property, Revival Temple Apostolic Church, shall not be placed on the tax...
....
"Void ab initio" means "[n]ull from the beginning." Black's Law Dictionary 1064 (8th ed. 2004...registration of a mark that does not meet the use requirement is void ab initio. See Gay...result, the TTAB held that the "applicant's mark `OCEANA' was not in `use in commerce' . . . at the time of the filing of [the] application" and that the application was thus void ab initio. Id. at...
MOTIONS (Beta)
....
"Void ab initio" means "[n]ull from the beginning." Black's Law Dictionary 1064 (8th ed. 2004).
...fraud and the trademark is void ab initio as a result of Plaintiff's failure to use the trademark in commerce prior to the filing date of the application. The Court denied Defendants' motion...).
1. Void Ab Initio
Defendants argue that Plaintiff's failure to timely cure its trademark registration should result in the registration being canceled in...
..., and the district court's dismissal of Count II was not reversible error.
"Void ab ...statute renders flawed foreclosures voidable, not void ab initio. Kim, 825...assert defenses which render the assignment void. Conlin v. Mortg. Elec. Registration Sys., 714 F.3d 355, 361 (6th...
...” contract is one that is illegal ab initio as a matter of law, whereas a “voidable” contract is one that is later set aside due to some external factor. Wells Fargo Advisors,...terms of the prior contract, and thus failed to constitute a mere extension of the prior void contract. Home Base further asserted that since, at no point prior to December 8, 2011, did it receive a...court—and ended on December 8, 2014. Claiborne County argued that the second agreement exceeded the maximum statutory term of six years and was therefore automatically void, and that it could not be...
...of election to do so, to avoid the legal relations created by the contract." Id. By contrast, "'void ab initio' means a bargain is null from the beginning, as from the first moment when the..., Exhibit 1 was to be "treated as entirely void from inception" -- sometimes referred to as void ab initio -- unless a stipulated judgment of non-dischargeability was entered in the bankruptcy case...shall be treated as entirely void from inception." No evidence was presented that the bankruptcy court ever entered judgment on the stipulation. To the contrary, the evidence reflects that Tonken's debts...