Laird v. Vogel, 75--867

CourtCourt of Appeal of Florida (US)
Writing for the CourtBefore BARKDULL; PER CURIAM; NATHAN
Citation334 So.2d 650
PartiesAgnes LAIRD, Appellant, v. Charlotte VOGEL, a/k/a Charlotte Chester and Herman Cohen, Appellees.
Docket NumberNo. 75--867,75--867
Decision Date26 May 1976

Page 650

334 So.2d 650
Agnes LAIRD, Appellant,
v.
Charlotte VOGEL, a/k/a Charlotte Chester and Herman Cohen, Appellees.
No. 75--867.
District Court of Appeal of Florida, Third District.
May 26, 1976.
Rehearing Denied July 29, 1976.

Walter & Pelaia, Miami, for appellant.

Herman Cohen, Miami, for appellees.

Before BARKDULL, C.J., and PEARSON and NATHAN, JJ.

ON REHEARING

PER CURIAM.

This appeal by Agnes Laird is from a summary judgment for the defendants Charlotte Vogel and Herman Cohen in an action brought by Agnes Laird for fraud and deceit, malicious prosecution and abuse of process.

The cause grew out of litigation over a tax deed. A tax sale was held on Agnes Laird's property at which Charlotte Vogel was the successful bidder. Ms. Laird maintained that the tax sale was illegal and refused to remove her possessions from the property. Ms. Vogel was represented by her brother, Herman Cohen, who had formerly represented Agnes Laird. A tax deed was issued to Charlotte Vogel who, thereupon, brought an unlawful detainer action against Agnes Laird. Ms. Laird filed an answer claiming the invalidity of the tax deed and claiming disqualification of purchase by Charlotte Vogel upon the basis of Herman Cohen's former representation of Ms. Laird. On May 11, 1973, the circuit judge entered a summary judgment by default against Ms. Laird. On May 24th, the court issued an order giving Ms. Vogel immediate possession of the property and, pursuant thereto, entered a writ of assistance. While Ms. Laird's motion was pending, Charlotte Vogel took possession of the property pursuant to her deed and with the help of the sheriff under the writ of assistance. Ms. Laird's possessions were removed from the house and suffered damage as a result thereof. On

Page 651

July 21, 1973, the circuit court rescinded the summary judgment and the order for possession which it had previously entered, and Ms. Laird was returned to her property. Thereafter, Ms. Laird started the court proceedings out of which the present appeal arose. She sued Charlotte Vogel and Herman Cohen for the damages caused by what she alleged to be an unlawful and fraudulent court proceeding. The trial judge entered a summary judgment against Ms. Laird holding that Charlotte Vogel and Herman Cohen had acted under a presumptively valid order and writ of possession, having previously secured a tax deed. We affirm. The law applicable to this cause is set out at 19 Fla.Jur. Judgments and Decrees § 253, where it is stated:

'A judgment or decree which is voidable, as being erroneous, is not a nullity. Until superseded, reversed, or vacated, it is valid, is binding everywhere, has all the attributes and consequences of a valid adjudication, And affords complete protection to one who acts in...

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5 practice notes
  • Rutuelo v. State, No. 61657
    • United States
    • New York Court of Claims
    • April 7, 1982
    ...was later rescinded. Even though fraud in obtaining it was alleged, the order provided a complete defense to the action. (Laird v. Vogel, 334 So.2d 650, cert. den. 348 So.2d 949 In another case, an action that successfully challenged the constitutionality of a statute was reversed on appeal......
  • Trook v. Lafayette Bank and Trust Co., No. 79A02-9010-CV-569
    • United States
    • Indiana Court of Appeals of Indiana
    • November 21, 1991
    ...complete protection to one who acts in reliance upon the adjudication." (Emphasis in original) Laird v. Vogel (1976) Fla.Dist.Ct.App., 334 So.2d 650, 10 The relevant section states: "Sec. 199. Jurisdiction; non-statutory guardianships abolished. The jurisdiction of the [ ] court over all ma......
  • Mace v. M&T Bank, Case No: 2:20-cv-591-JLB-NPM
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • February 23, 2021
    ...v. Tompkins, 304 U.S. 64, 78 (1938)). The Bank moves for dismissal of Counts I and II, and relies almost exclusively on Laird v. Vogel, 334 So. 2d 650, 651 (Fla. 3d DCA 1976) for the proposition that it cannot be liable for any damage to the property during the Bank's ownership (i.e., until......
  • Mace v. M&T Bank, 2:20-cv-591-JLB-NPM
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • December 20, 2021
    ...who acts in reliance upon the adjudication. Such an adjudication is conclusive, and is not subject to collateral attack. Laird v. Vogel, 334 So.2d 650, 651 (Fla. 3d DCA 1976) (citation omitted). The facts in Laird are instructive. There, a tax deed purchaser took possession of property and ......
  • Request a trial to view additional results
5 cases
  • Rutuelo v. State, No. 61657
    • United States
    • New York Court of Claims
    • April 7, 1982
    ...was later rescinded. Even though fraud in obtaining it was alleged, the order provided a complete defense to the action. (Laird v. Vogel, 334 So.2d 650, cert. den. 348 So.2d 949 In another case, an action that successfully challenged the constitutionality of a statute was reversed on appeal......
  • Trook v. Lafayette Bank and Trust Co., No. 79A02-9010-CV-569
    • United States
    • Indiana Court of Appeals of Indiana
    • November 21, 1991
    ...complete protection to one who acts in reliance upon the adjudication." (Emphasis in original) Laird v. Vogel (1976) Fla.Dist.Ct.App., 334 So.2d 650, 10 The relevant section states: "Sec. 199. Jurisdiction; non-statutory guardianships abolished. The jurisdiction of the [ ] court over all ma......
  • Mace v. M&T Bank, Case No: 2:20-cv-591-JLB-NPM
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • February 23, 2021
    ...v. Tompkins, 304 U.S. 64, 78 (1938)). The Bank moves for dismissal of Counts I and II, and relies almost exclusively on Laird v. Vogel, 334 So. 2d 650, 651 (Fla. 3d DCA 1976) for the proposition that it cannot be liable for any damage to the property during the Bank's ownership (i.e., until......
  • Mace v. M&T Bank, 2:20-cv-591-JLB-NPM
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • December 20, 2021
    ...who acts in reliance upon the adjudication. Such an adjudication is conclusive, and is not subject to collateral attack. Laird v. Vogel, 334 So.2d 650, 651 (Fla. 3d DCA 1976) (citation omitted). The facts in Laird are instructive. There, a tax deed purchaser took possession of property and ......
  • Request a trial to view additional results

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