Due Process Notice Requirements

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

• Adams v. Gunnell
  729 F.2d 362· 5th Cir.· 1984-04-13 ·cited 12×
  Discipline imposed for signing a prison petition did not violate the First Amendment, but the lack of clear notice that such conduct was prohibited violated due process. The issue of qualified immunity was not properly preserved and requires further determination.
• Armour v. City OF Anniston
  597 F.2d 46· 5th Cir.· 1979-06-13 ·cited 12×
  The court held that a plaintiff's loss on an individual claim does not automatically terminate her capacity to represent a class, and denial of class certification should be subject to appellate review.
• Alderwoods Grp., Inc. v. Reyvis Garcia
  682 F.3d 958· 11th Cir.· 2012-05-30 ·cited 11×
  A bankruptcy court in one federal district lacks jurisdiction to determine whether a debt was discharged in a bankruptcy case litigated in another federal district. The Debtors filed a complaint in the Florida Bankruptcy Court seeking a declaration that tort claims filed by the C
• In re Penn Cent. Transp. Co. Appeal of Pinney Dock & Transp. Co.
  771 F.2d 762· 3d Cir.· 1985-08-29 ·cited 11×
  The court held that appellants did not receive constitutionally inadequate notice and failed to establish grounds for equitable relief from the consummation order due to alleged fraudulent concealment.
• In the Interest of T.G.T. v. Staley
  433 So. 2d 11· Fla. 1st DCA· 1983-06-01 ·cited 11×
  The Florida Department of Health and Rehabilitative Services appealed an order finding a young child dependent and directing HRS to initiate permanent commitment proceedings. The court held that circuit judges have statutory authority under Florida law to order permanent commitme
• Zerweck v. State
  409 So. 2d 57· Fla. 4th DCA· 1982-01-06 ·cited 11×
  John Zerweck, a Margate city commissioner and former mayor, was found by the State Commission on Ethics to have violated Florida's Code of Ethics by accepting employment with a company subject to city regulatory oversight. The Fourth District Court of Appeal affirmed the finding,
• Evans v. State
  409 So. 2d 1078· Fla. 4th DCA· 1981-12-30 ·cited 11×
  William Scott Evans appeals the revocation of his probation based on findings of grand larceny and aiding and abetting, which he argues are not lesser included offenses to the alleged burglary charges. The court affirms, holding that although the findings technically do not const
• DELTA Prop. Mgmt. v. Profile Invs., Inc.
  830 So. 2d 867· Fla. 1st DCA· 2002-10-14 ·cited 10×
  Delta Property Management challenges a summary judgment quieting title in favor of Profile Investments, which purchased property at a tax sale. The court affirms, holding that the clerk of the circuit court satisfied statutory notice requirements by relying exclusively on the tax
• Fields v. Dist. OF Columbia
  404 F.2d 1323· D.C. Cir.· 1968-02-02 ·cited 10×
  The court denied the petition for allowance of appeal, finding no need for its intervention in the lower court's interpretation of local law.
• Mounts v. Otto C. Boles
  326 F.2d 186· 4th Cir.· 1963-11-13 ·cited 10×
  A state court's application of its habitual criminal statute, even if compliant with the statute's literal terms, violates due process if the accused is not adequately informed of the consequences of admitting prior convictions.
• The City OF Miami v. Norton R. Ganger and L. C. Bethart
  101 So. 2d 116· Fla.· 1957-10-11 ·cited 10×
  The Florida Supreme Court upheld the City of Miami's authority to assess abutting property owners for street resurfacing costs under the city charter's provisions for local improvements. The court held that the charter's language clearly authorized re-paving and re-macadamizing w
• U.S. Borax, Inc. v. Forster
  764 So. 2d 24· Fla. 4th DCA· 1999-05-19 ·cited 9×
  U.S. Borax appeals a probate court's decision striking its untimely claim against the estate of Charles F. Reade, Sr., contending that CERCLA's three-year statute of limitations preempts Florida's three-month nonclaim statute for filing claims against estates. The court holds tha
• Chase v. Turner
  560 So. 2d 1317· Fla. 1st DCA· 1990-05-01 ·cited 9×
  Ruth Chase appeals a judgment awarding monetary damages of $22,354.90 against her personally in a corporate dissolution suit brought by co-shareholder Susan Turner. The court affirms the award, finding Chase was properly a party defendant on counts alleging personal liability, an
• I.A.M. Nat'l Pension Fund v. Wakefield Indus.
  699 F.2d 1254· D.C. Cir.· 1983-02-11 ·cited 9×
• Rollins Env't Servs. (NJ) Inc. v. U.S. Env't Prot. Agency
  937 F.2d 649· D.C. Cir.· 1991-07-05 ·cited 8×
  The court should not have found a violation because the regulations did not provide fair warning of the prohibited conduct, and the penalty was contrary to law.
• United States v. Cephas
  937 F.2d 816· 2d Cir.· 1991-06-28 ·cited 8×
  The court held that the Speedy Trial Act's exclusions for excludable time are equivalent to the Detainer Act's "good cause" standard for tolling, and that delays caused by codefendants' motions are generally excludable for all defendants in joint trials.
• Hermanson v. State
  570 So. 2d 322· Fla. 2d DCA· 1990-09-28 ·cited 8×
  The Hermansons, Christian Science practitioners, were convicted of felony child abuse and third-degree murder in the death of their diabetic daughter Amy after relying on spiritual treatment instead of conventional medicine. The court affirmed their convictions, holding that Flor
• Equal Emp. Opportunity Comm'n v. PAN Am. World Airways, Inc.
  897 F.2d 1499· 9th Cir.· 1990-03-02 ·cited 8×
  The court held that an individual's right to bring a private ADEA action terminates upon the EEOC's commencement of an enforcement action, and the EEOC is not constitutionally required to notify individuals of this consequence.
• Harris v. State
  507 So. 2d 1133· Fla. 5th DCA· 1987-04-23 ·cited 8×
  Appellate court reversed in part and affirmed in part, holding that a defendant must receive notice and opportunity to object to cost impositions, and that indigent defendants cannot be assessed costs under section 27.3455 without a judicial determination of ability to pay.
• Dep't of Health & Rehabilitative Servs. v. In the Interest of J.M.L. and T.M.L.
  455 So. 2d 571· Fla. 1st DCA· 1984-08-28 ·cited 8×
  The trial court erred by entering an order placing dependent children with their paternal grandparents without providing notice to HRS, and by violating the Interstate Compact on the Placement of Children.
• In re Mooney Aircraft, Inc. v. Foster
  730 F.2d 367· 5th Cir.· 1984-04-23 ·cited 8×
  The bankruptcy court lacked jurisdiction to enjoin tort claims against a successor corporation because the claims did not exist at the time of the bankruptcy sale and were not encompassed by the bankruptcy court's prior orders.
• N. Am. Pharmacal, Inc. v. The Dep't OF Health
  491 F.2d 546· 8th Cir.· 1973-12-28 ·cited 8×
  The court held that publication in the Federal Register provided sufficient notice to 'me-too' drug manufacturers, and their admissions of scanty data failed to meet the burden of proof for efficacy and safety.
• Harris v. Smith
  418 F.2d 899· 2d Cir.· 1969-12-03 ·cited 8×
  The court held that a seaman does not have a constitutional right to counsel before voluntarily surrendering his Merchant Mariner's Document, nor is a hearing required when the document is voluntarily surrendered.
• Schanck v. Gayhart
  245 So. 3d 970· Fla. 1st DCA· 2018-04-30 ·cited 7×
  A trial court with personal jurisdiction over a debtor may order cancellation and reissuance of stock and membership certificates located outside the state's jurisdiction under Florida Statute § 678.1121(5), which authorizes courts to aid creditors in reaching securities by means
• Patricia Weingarten Assocs., Inc. v. Jocalbro, Inc.
  974 So. 2d 559· Fla. 5th DCA· 2008-02-15 ·cited 7×
  Patricia Weingarten Associates appeals a tax deed sale where the county failed to provide constitutionally adequate notice of the tax deed sale despite having Weingarten's correct address on file. The court reversed, holding that when mailed notice is returned unclaimed, the stat
• Langbaum v. State
  799 So. 2d 391· Fla. 4th DCA· 2001-11-14 ·cited 7×
  A probation violation charge based solely on an arrest is not per se reversible error if the probationer had actual notice of the offense and was subsequently convicted of that offense.
• Burns v. Elrod
  757 F.2d 151· 7th Cir.· 1985-03-15 ·cited 7×
  The court held that the defendants' efforts to notify potential class members of the settlement were not reasonable under the circumstances and did not satisfy due process requirements.
• Regions Bank v. BIG Bend Inv. Grp. of Fla., LLC
  311 So. 3d 181· Fla. 2d DCA· 2020-07-24 ·cited 6×
  This case involves a bank's attempt to collect on a loan. After years of litigation, the guarantors sought to vacate a final judgment, arguing they were denied due process. The appellate court reversed the lower court's decision to vacate the judgment, finding that the judgment w
• Anne Matejka v. Dulaney
  40 So. 3d 865· Fla. 4th DCA· 2010-07-14 ·cited 6×
  In a trust accounting dispute, the trial court entered a default judgment against Anne Matejka and Jean Ceccaldi and later set a hearing on unliquidated damages. The court reversed because appellants were given only ten days' notice of the hearing when Florida Rules of Civil Proc
• Dep't OF Child. & Families v. Morman
  715 So. 2d 1076· Fla. 1st DCA· 1998-08-07 ·cited 6×
  The court held that Transferable Development Rights (TDRs) are relevant to the compensation for a taking, not to whether a taking has occurred or if the claim is ripe.
• Baxter v. Baxter
  684 So. 2d 886· Fla. 5th DCA· 1996-12-20 ·cited 6×
  In this family law appeal, the court reversed an order modifying rehabilitative alimony to permanent alimony because the trial court violated procedural rules by permitting an attorney to withdraw without properly notifying the client and the client was not afforded due process n
• LEE v. Meeks
  592 So. 2d 282· Fla. 1st DCA· 1991-12-13 ·cited 6×
  The Lees, paternal grandparents, sought a writ of habeas corpus in Florida to enforce a Tennessee court's temporary custody order awarding them custody of the child pending final hearing. The Florida trial court denied the petition, finding that the best interests of the child re
• In re Pence
  905 F.2d 1107· 7th Cir.· 1990-06-27 ·cited 6×
  A confirmed Chapter 13 plan, which provides for full payment of a secured creditor's claim in exchange for releasing a lien, binds the creditor, even if the collateral's value is later found to be less than anticipated.
• Earsel Larry Johnson v. Trickey
  882 F.2d 316· 8th Cir.· 1989-08-10 ·cited 6×
  The court held that a prisoner is entitled to an evidentiary hearing on claims that his conviction was obtained through the knowing use of perjured testimony and ineffective assistance of counsel, but affirmed the dismissal of a claim challenging the sufficiency of the charging i
• Lawson v. State
  470 So. 2d 109· Fla. 4th DCA· 1985-06-12 ·cited 6×
  Appellate court affirmed robbery convictions but remanded for correction of judgments to reflect second-degree felony classification and to provide opportunity to object to costs assessment for indigent defendant.
• Tsung-Ya (ZIA) Chang v. Chang
  469 So. 2d 829· Fla. 5th DCA· 1985-04-25 ·cited 6×
  A wife sought relief from a 1969 divorce judgment entered against her by default after constructive service in Hong Kong, alleging the husband fraudulently misrepresented his diligent search efforts when he knew her actual residence in Shanghai. The court reversed the dismissal o
• Duncan O. Bowman v. Kingsland Dev., Inc.
  432 So. 2d 660· Fla. 5th DCA· 1983-06-02 ·cited 6×
  This case addresses whether attorney's fees claimed in a default judgment on a promissory note constitute liquidated or unliquidated damages, and what notice procedures are required. The court held that attorney's fees for "reasonable" amounts are unliquidated damages requiring n
• BAY Plumbing Co., Inc. v. Dorris Wayne Harbin & the Fla. Indus. Relations Comm'n
  337 So. 2d 799· Fla.· 1976-09-16 ·cited 6×
  The court held that due process notice requirements were met by the claimant's initial request for reimbursement of medical expenses in the claim, even if not specifically renewed at the hearing.
• State v. Harris
  334 So. 2d 674· Fla. 2d DCA· 1976-07-02 ·cited 6×
  Florida appealed the dismissal of an auto theft charge against Harris, who had lawfully rented a car but failed to return it on the due date. The trial court dismissed the information, finding the conduct constituted the lesser misdemeanor of failure to return a rented vehicle ra
• Bond v. Golden
  273 F.2d 265· 10th Cir.· 1959-11-30 ·cited 6×
  The court held that the plaintiff's claim was barred by the statute of limitations because the attempted service of process was defective and the defendant's absence from the state did not toll the limitations period.
• Save a LOT CAR Rental, Inc. v. TRI J. CO Towing & Recovery, Inc.
  325 So. 3d 285· Fla. 2d DCA· 2021-08-18 ·cited 5×
  This case addresses whether a towing company's mailing of a notice of lien and proposed sale by certified mail is sufficient when the company knows the notice was lost in transit. The court held that a towing company must take additional steps to ensure notice is received if it b
• Martins v. The Oaks Master Prop. Owners Ass'n, Inc.
  159 So. 3d 142· Fla. 5th DCA· 2014-11-14 ·cited 5×
  Sergio Martins appeals a foreclosure judgment on his property for unpaid HOA assessments, arguing the court's service by publication was defective. The court agreed that the HOA's constructive service violated due process because it failed to attempt service at Martins' known add
• Duarte v. State
  59 So. 3d 313· Fla. 3d DCA· 2011-04-20 ·cited 5×
  Joaquin Duarte appeals his armed burglary conviction, arguing the information failed to properly allege he was armed because it only alleged he discharged a firearm. The Florida appellate court affirms, holding that the allegation of discharging a firearm, combined with the statu
• State v. Haddix
  668 So. 2d 1064· Fla. 4th DCA· 1996-02-28 ·cited 5×
  Florida and defendant Haddix appealed a DUI conviction in consolidated appeals involving two certified questions: whether prior DUI convictions and high blood alcohol levels must be alleged in the charging document to impose enhanced penalties. The court affirmed the defendant's
• Patricia Weingarten Assocs., Inc. v. Jocalbro, Inc.
  932 So. 2d 587· Fla. 5th DCA· 2006-06-30 ·cited 4×
  Patricia Weingarten Associates appeals a judgment quieting title to fourteen parcels of Marion County land in favor of Jocalbro, Inc. and Joe C. Brown, who acquired the property via tax deed after Weingarten failed to pay taxes. The court reversed and remanded because the trial o
• Sklandis v. Walgreen Co.
  832 So. 2d 942· Fla. 3d DCA· 2002-12-26 ·cited 4×
  Plaintiff Sklandis appealed a final judgment dismissing his personal injury lawsuit against Walgreen Company. The court reversed and remanded because the trial court violated due process by conducting an evidentiary hearing on Walgreen's motion to dismiss without proper notice an
• Mobil Exploration & Producing N. Am., Inc. v. Fed. Energy Regulatory Comm'n
  881 F.2d 193· 5th Cir.· 1989-08-28 ·cited 4×
  The court held that FERC's one-year filing deadline for successor certificates and the 90-day waiver period are affirmed, but the refund requirement for rate increases collected before filing is vacated due to inadequate notice.
• In re Robintech, Inc. v. Bullock
  863 F.2d 393· 5th Cir.· 1989-01-20 ·cited 4×
  The court held that Bankruptcy Rule 9006(f) does not extend the bar date for filing claims when notice is served by mail to all creditors, and a minor delay in receipt does not excuse a late filing without a showing of causation.
• Casler v. State
  502 So. 2d 1374· Fla. 2d DCA· 1987-02-27 ·cited 4×
  Defendant's restitution as a condition of probation was reversed because he received no notice that the state would seek restitution, and the 1984 amendment to section 775.089 did not apply retroactively to crimes committed before its effective date.
• Bender v. City OF Rochester
  765 F.2d 7· 2d Cir.· 1985-06-10 ·cited 4×
  The City's tax foreclosure notice procedures, which mailed notice to the deceased record owner's last known address, were constitutionally sufficient because the names of the decedent's distributees were not reasonably ascertainable.