Due Process Notice Requirements

181 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Morton Eisen v. Carlisle & Jacquelin & DeCoppet & Doremus
  391 F.2d 555· 2d Cir.· 1968-03-08 ·cited 189×
  The court should affirm the district court's ruling that the case is not a proper class action due to impossibility of notice and unmanageability.
• Crain v. State
  894 So. 2d 59· Fla.· 2004-10-28 ·cited 154×
  Willie Seth Crain was convicted of first-degree murder and kidnapping in the death of seven-year-old Amanda Brown, whose body was never found. The Florida Supreme Court affirmed the murder conviction and death sentence but reversed the kidnapping conviction, reducing it to false
• Babcock v. Whatmore
  707 So. 2d 702· Fla.· 1998-02-26 ·cited 109×
  The Florida Supreme Court clarified when a defendant waives a timely objection to personal jurisdiction by seeking affirmative relief. The Court held that a defendant who seeks affirmative relief—not merely defensive motions—waives a jurisdictional challenge, resolving a conflict
• Gulf Maint. & Supply, Inc. v. Barnett Bank OF Tallahassee
  543 So. 2d 813· Fla. 1st DCA· 1989-05-04 ·cited 72×
  Gulf Maintenance and its principals appealed the denial of their motion to set aside a default judgment entered by Barnett Bank. The court reversed, finding the default was improperly entered without required notice under Florida Rule 1.500(b) and the final judgment was void beca
• Torrence v. State
  440 So. 2d 392· Fla. 5th DCA· 1983-10-04 ·cited 64×
  Torrence was charged with attempted robbery but convicted of aggravated assault, a crime the trial court instructed the jury on despite it not being a proper lesser included offense. The court affirmed the conviction, holding that the erroneous instruction was not fundamental err
• Dov Gelkop v. Gelkop
  384 So. 2d 195· Fla. 3d DCA· 1980-05-20 ·cited 60×
  In this family law appeal, the Third District Court of Appeal reversed a trial court's dissolution of marriage judgment and contempt order, holding that while the court had jurisdiction to dissolve the marriage and award child custody and support based on constructive service, it
• Price v. State
  995 So. 2d 401· Fla.· 2008-10-08 ·cited 58×
  Herbert Price challenges his sexual battery conviction, arguing the charging information was fundamentally defective because it failed to allege an essential element of the crime. The Florida Supreme Court holds that the information adequately charged the offense by tracking the
• J.A.B. Enters. & John Brown v. Gibbons
  596 So. 2d 1247· Fla. 4th DCA· 1992-04-15 ·cited 56×
  J.A.B. Enterprises and John Brown appealed a trial court's summary judgment enforcing a workers' compensation order against them, claiming they lacked due process notice of the underlying compensation hearing. The appellate court affirmed, holding that appellants waived their not
• Briscoe v. Kusper
  435 F.2d 1046· 7th Cir.· 1970-12-22 ·cited 49×
• United States v. Braunig
  553 F.2d 777· 2d Cir.· 1977-04-11 ·cited 46×
  The court held that the appellant waived the argument that notice of eviction was constitutionally deficient, and that the admission of similar act evidence and denial of the motion to dismiss mail fraud counts were proper.
• In re Adoption of a Minor Child
  593 So. 2d 185· Fla.· 1991-12-12 ·cited 43×
  The Florida Supreme Court held that grandparents who had been awarded court-ordered visitation rights in a prior custody proceeding were entitled to notice of an adoption proceeding affecting the child, even though statutory notice requirements under section 63.0425 did not apply
• George v. Zmuda and Walburga Zmuda
  731 F.2d 1417· 9th Cir.· 1984-04-30 ·cited 41×
  The court held that the Tax Court correctly determined the trusts were shams, disallowed deductions, and assessed penalties because the Zmudas failed to demonstrate reasonable inquiry into the legality of the tax avoidance scheme.
• United States v. United States Currency IN THE Amount OF $2
  754 F.2d 208· 7th Cir.· 1985-01-28 ·cited 36×
  A claim filed with an administrative agency does not satisfy the district court's requirement for a verified claim in a judicial forfeiture proceeding, and a petition for remission is also insufficient.
• England v. Morgan J. Doyle
  281 F.2d 304· 9th Cir.· 1960-08-11 ·cited 35×
  The court held that an attorney's statement during a hearing for a continuance, which was not intended as a binding stipulation to hold assets, did not require notice to the petitioning creditor for the termination of an agency, nor did the agent's failure to disclose this statem
• Retail Clerks Int'l Ass'n, AFL-CIO v. Nat'l Labor Relations Bd.
  366 F.2d 642· D.C. Cir.· 1966-08-16 ·cited 34×
  The court held that the National Labor Relations Board (NLRB) was warranted in finding that International Representatives, Council Organizers, and Local 880 business agents are employees under the National Labor Relations Act, and that the revocation of a subpoena was harmless er
• In re Franklin Nat'l Bank Sec. Litig. Robert Gold v. Ernst & Ernst
  574 F.2d 662· 2d Cir.· 1978-04-03 ·cited 32×
  The court held that brokerage houses, not being parties to the action, cannot be compelled to bear the expense of identifying and notifying beneficial owners, and that notice to record holders ('street names') is insufficient.
• In re Gregory v. Gregory
  705 F.2d 1118· 9th Cir.· 1983-05-09 ·cited 30×
  A Chapter 13 bankruptcy plan that expressly provides for zero payment to an unsecured creditor 'provides for' that claim, making it dischargeable upon completion of the plan, and a creditor's failure to object to confirmation or appeal precludes later challenges to the plan's leg
• Yaretsky v. Blum
  592 F.2d 65· 2d Cir.· 1979-01-16 ·cited 28×
  A premature notice of appeal filed while a Rule 59(e) motion is pending will be treated as timely if no prejudice to the appellee occurs. Federal regulations require state agencies, not healthcare facilities, to provide notice of transfer or benefit termination.
• Parham v. Parham
  385 So. 2d 107· Fla. 3d DCA· 1980-06-10 ·cited 26×
  In this family law appeal, the husband challenges an alimony award in a dissolution of marriage. The appellate court found the permanent alimony amount excessive, the provision making alimony a charge against the husband's estate unsupported by evidence, and the lump sum alimony
• Golden Grain MacAroni Co. v. Fed. Trade Comm'n
  472 F.2d 882· 9th Cir.· 1972-12-20 ·cited 26×
  The FTC order is enforced except for the divestiture of Oregon Macaroni due to lack of evidence of interstate commerce. The failing company defense for Major Italian Foods was not sufficiently proven.
• United States v. Castiello
  915 F.2d 1· 1st Cir.· 1990-09-12 ·cited 24×
  The court affirmed the conviction and sentence, holding that the agent's interpretation of the defendant's taped admission was admissible, the entrapment defense was not improperly forced, and the statute's notice deficiency did not violate due process as the defendant was not ha
• N. Ala. Express, Inc. v. United States & Interstate Commerce Comm'n
  585 F.2d 783· 5th Cir.· 1978-12-08 ·cited 24×
  The court held that the Interstate Commerce Commission's order granting operating authority was jurisdictionally defective due to inadequate notice published in the Federal Register, requiring remand for republication and a new hearing.
• Thurman v. Fla. Unemployment Appeals Comm'n
  881 So. 2d 89· Fla. 1st DCA· 2004-08-24 ·cited 23×
  Mark Thurman appealed the dismissal of his unemployment benefits appeal as untimely filed. The court affirmed the dismissal, holding that Thurman's own negligence in providing an incorrect address to the claims office—rather than any action by the agency—caused the late filing, a
• Whitaker v. Dep't of Ins. & Treas.
  680 So. 2d 528· Fla. 1st DCA· 1996-06-13 ·cited 22×
  Kenneth Whitaker, an insurance agent, challenged the Department of Insurance's revocation of his licenses. The court reversed the department's findings regarding violations of section 626.9541(l)(x)4 (refusal to insure) and section 626.621(6) (detrimental to public interest), fin
• Reynolds v. Nat'l Football League
  584 F.2d 280· 8th Cir.· 1978-09-27 ·cited 22×
  The court affirmed the district court's approval of a class action settlement, finding that the settlement was fair, reasonable, and adequate, and that the district court did not abuse its discretion in certifying the class or approving the notice.
• Hatachi Coke v. State
  955 So. 2d 1216· Fla. 4th DCA· 2007-05-09 ·cited 20×
  Hatachi Coke challenged his 25-year minimum mandatory sentence for aggravated battery with a firearm, arguing the information did not sufficiently allege great bodily injury. The court affirmed, holding that the information's specific allegation that he shot the victim in the leg
• United States v. Ferryman
  897 F.2d 584· 1st Cir.· 1990-02-21 ·cited 20×
  The court held that for drug distribution offenses committed during the 'hiatus period' under the 1984 version of 21 U.S.C. § 841(b)(1)(B), ADAA § 1004 preserved the preexisting special parole requirements, making it obligatory.
• In the Interest of J.R.T. v. State
  427 So. 2d 251· Fla. 5th DCA· 1983-02-16 ·cited 20×
  The trial court has the inherent authority to order the filing of a petition for severance of parental rights, even if the agency is reluctant to do so. However, the court cannot predetermine placement locations before severance proceedings are complete.
• DELTA Prop. Mgmt., Inc. v. Profile Invs., Inc.
  875 So. 2d 443· Fla.· 2004-05-13 ·cited 18×
  The Florida Supreme Court held that when a clerk of court mails notice of a tax deed sale, the clerk must use the address of the titleholder as it appears on the latest tax assessment roll available at the time of mailing, not merely the address provided in the tax collector's st
• Zelma M. Griffin v. Zinn
  318 So. 2d 151· Fla. 2d DCA· 1975-08-08 ·cited 18×
  Griffin challenges jurisdiction in an action by Zinn to enforce an Ohio judgment against Griffin's Florida real estate. The court holds that while the long-arm statute does not apply to judgment-collection actions, quasi in rem jurisdiction requires that the complaint clearly and
• Eder v. Beal
  609 F.2d 695· 3d Cir.· 1979-11-14 ·cited 17×
  A state's prior illegality in operating a program does not excuse its failure to comply with federal notice provisions when terminating that program.
• Dunkley Stucco, Inc. v. Progressive Am. Ins. Co.
  751 So. 2d 723· Fla. 5th DCA· 2000-02-18 ·cited 16×
  Progressive Insurance, as subrogee of an insured's property damage claim, obtained a default judgment against Dunkley Stucco for $44,982.72 in vehicle collision damages plus attorney's fees and costs without a noticed hearing. The Fifth District held that a noticed hearing was no
• G & S Packing Co. & Fla. Farm Bureau Ins. Co. v. Driggers
  382 So. 2d 446· Fla. 1st DCA· 1980-04-18 ·cited 16×
  An employer and worker's compensation carrier appealed an order awarding permanent disability benefits, a change of physician, orthopedic shoes, and attorney's fees to an injured employee. The court reversed in part, holding that the deputy commissioner improperly awarded a chang
• Schnicke v. Schnicke
  533 So. 2d 337· Fla. 5th DCA· 1988-11-17 ·cited 15×
• Lahr v. Lahr
  337 So. 2d 837· Fla. 2d DCA· 1976-09-29 ·cited 15×
  Patricia Lahr appealed a dissolution of marriage judgment, challenging both the trial court's denial of her motion to dismiss and the award of marital property to her husband. The court affirmed the dissolution and custody award but reversed the property distribution, holding tha
• Fink v. Holt
  609 So. 2d 1333· Fla. 4th DCA· 1992-11-12 ·cited 14×
  A physician's vehicle was forfeited based on controlled substances found during arrest for traffic violations. The court reversed, holding that the state failed to prove by clear and convincing evidence that the vehicle was used in criminal activity, and that a licensed physician
• In re Cement & Concrete Antitrust Litig. State OF Ariz. v. City OF Austin
  817 F.2d 1435· 9th Cir.· 1987-05-27 ·cited 14×
  The court affirmed the district court's approval of the settlement fund distribution plan, including its offset provision, and rejected various challenges to the plan.
• In the Interest of D.F.W. Jr. Dep't OF H.R.S. v. Devel F. Wesley
  497 So. 2d 925· Fla. 5th DCA· 1986-11-13 ·cited 14×
  The Florida appellate court reversed a trial court's decision to suspend a father's child support obligation based on the mother's alleged interference with visitation rights. The court held that child support obligations and visitation rights are separate legal issues that canno
• Handschu v. Special Servs. Div.
  787 F.2d 828· 2d Cir.· 1986-04-09 ·cited 14×
  The court affirmed the district court's order approving the settlement of a class action against the New York City Police Department for constitutional rights violations.
• United States v. Bush
  659 F.2d 163· D.C. Cir.· 1981-01-30 ·cited 14×
  Amendments to an indictment to correct a clerical error in a form number are permissible if they do not affect the substance of the charge and do not mislead the defendant. The court may decline to address issues concerning other counts if their resolution would have no practical
• State v. Balint Papp
  298 So. 2d 374· Fla.· 1974-06-12 ·cited 14×
  The court held that Florida Statute Section 847.011(1)(a) provides sufficient notice and is constitutional when the word 'immoral' is eliminated.
• Mote v. Sallie Sims Morton and Her Husband
  52 Fla. 548· Fla.· 1906-06-01 ·cited 14×
  This is the second appeal in a mortgage foreclosure case where the lower court failed to provide proper notice to defendants, including infant defendants, of proceedings before the special master. The Florida Supreme Court reverses and remands because the procedural defects—lack
• Marisa Infante v. Vantage Plus Corp.
  27 So. 3d 678· Fla. 3d DCA· 2009-09-16 ·cited 13×
  Marisa Infante invested $1.2 million in a hotel-to-condominium project but alleged defendants improperly disbursed $771,000 from escrow without her authorization. The trial court vacated the default judgment against defendants who failed to respond, but the appellate court revers
• Am. & Foreign Ins. Co. v. Gertrude Dimson
  645 So. 2d 45· Fla. 4th DCA· 1994-10-26 ·cited 13×
  American & Foreign Insurance Company appealed the probate court's order striking its claim against Irving Dimson's estate as untimely. The Fourth District Court of Appeal affirmed, holding that the personal representative properly served the insurance company with notice of admin
• Arthur v. Arthur
  543 So. 2d 349· Fla. 5th DCA· 1989-05-11 ·cited 13×
  Samuel Arthur appealed the denial of his motion to set aside a dissolution judgment for lack of personal jurisdiction and due process. The Florida appellate court affirmed, holding that the complaint contained sufficient jurisdictional allegations regarding a Florida marital domi
• Miller v. Est. OF Elaine Benedict Baer
  837 So. 2d 448· Fla. 4th DCA· 2002-12-11 ·cited 12×
  In this probate appeal, the Florida Fourth District Court of Appeal affirmed the trial court's determination that Citibank was a reasonably ascertainable creditor entitled to actual notice of the estate administration, and thus was permitted to file its claim after the non-claim
• Sterling v. Block
  953 F.2d 198· 5th Cir.· 1992-01-30 ·cited 12×
  Because the holding in Davis Oil v. Mills was applied retroactively to the parties in that case, it must be applied retroactively to the parties in this case.
• Dep't OF Health & Rehabilitative Servs. v. Porbansky
  569 So. 2d 815· Fla. 5th DCA· 1990-10-25 ·cited 12×
  A trial court cannot modify a child support order in a URESA enforcement action without proper notice and jurisdiction being invoked for modification.
• United States v. ONE Urban LOT Located AT 1 St. A-1
  885 F.2d 994· 1st Cir.· 1989-09-22 ·cited 12×
  The court held that a timely filed verified answer containing all required information can satisfy the standing requirement normally fulfilled by a claim in an in rem forfeiture proceeding, and that the district court abused its discretion by striking such an answer and entering
• Essery v. Dep't OF Transp.
  857 F.2d 1286· 9th Cir.· 1988-09-19 ·cited 12×
  The court held that while the pilot violated FAA regulations, the revocation of his commercial pilot certificate was an abuse of discretion, and reinstated the 120-day suspension.