Cody Harold Yates v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a judgment granting relief not requested in the pleadings is void and should be vacated
• stating courts are unauthorized to grant relief not requested in the pleadings
• “Because the judgment below grants relief wholly outside the pleadings on which the default was entered, it is void and should have been vacated by the court below.”
• rescission not possible where there is no allegation that plaintiffs agreed to, or actually did, return the defendant to the status quo ante by returning proceeds of loan and benefits received therefrom to the defendant bank
• “The holder of the note may discard the mortgage entirely, and sue and recover on the note.” (quoting Taylor v. Am. Nat’l Bank of Pensacola, 63 Fla. 631, 67 So. 678, 686 (1912))

Source: CourtListener parenthetical corpus (CC0).