Due Process Notice Requirements

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

• Hall's Camp, Inc. v. Decker
  394 So. 2d 1041· Fla. 1st DCA· 1981-02-11 ·cited 4×
  In this workers' compensation appeal, the Florida First District Court of Appeal affirmed an award to an injured employee for temporary partial disability benefits, payment of an unauthorized physician's medical bills, and a 35% permanent partial disability rating of the left leg
• Garcia v. The Bd. OF Educ.
  573 F.2d 676· 10th Cir.· 1978-04-06 ·cited 4×
  The court held that the plaintiffs were parties to the prior Keyes litigation and their interests were adequately represented, thus their current suit was barred by res judicata.
• Spratt v. Gray
  81 Fla. 200· Fla.· 1921-02-15 ·cited 4×
  Simon Spratt sought to recover possession of a Ford automobile in replevin that had been seized and forfeited under Florida's liquor law. The Florida Supreme Court held that because Spratt, the innocent owner, was not given legal notice of the forfeiture proceeding, the forfeitur
• Soriano v. In re Est. OF Luis F. Manes
  177 So. 3d 677· Fla. 3d DCA· 2015-10-14 ·cited 3×
  Yvette Soriano appealed the denial of her petition to file a late claim against the estate of Luis F. Manes based on an alleged battery. The court affirmed, holding that Soriano was a conjectural creditor, not a reasonably ascertainable creditor entitled to personal service of no
• Charter Int'l Oil Co. v. Ziegler (In Re Charter Co.)
  113 B.R. 725· M.D. Fla.· 1990-04-10 ·cited 3×
  The court held that publication notice to unknown tort claimants was constitutionally sufficient and that the claimants' failure to file a timely proof of claim was not due to excusable neglect, thus their claims were discharged.
• City of Sarasota v. Johnson
  123 Fla. 501· Fla.· 1936-03-30 ·cited 3×
  This case reviews the validity of municipal improvement certificates issued by the City of Sarasota. The court affirmed the lower court's judgment, holding that the city had the legislative authority to issue these certificates and that the relevant ordinance provided adequate no
• Burnett Int'l Coll. v. State of Fla. Bd. of Nursing
  316 So. 3d 763· Fla. 1st DCA· 2021-04-14 ·cited 2×
  Burnett International College appealed the State of Florida Board of Nursing's order terminating its nursing program, arguing a denial of due process. The appellate court affirmed the Board's decision, finding that Burnett was not entitled to a formal hearing and received adequat
• Parsons v. City of Jacksonville
  295 So. 3d 892· Fla. 1st DCA· 2020-05-01 ·cited 2×
  The appellate court reversed a lower court's dismissal of a lawsuit challenging amendments to a city's human rights ordinance. The court found that the appellants had standing and that the city's subsequent recodification of its ordinance code did not moot the claims, as the orig
• State v. S.P.
  24 So. 3d 756· Fla. 4th DCA· 2009-12-30 ·cited 2×
  The court held that the state may amend a timely-filed juvenile delinquency petition after the statutory period has elapsed if the amendment corrects a good faith clerical error and does not prejudice the juvenile's rights.
• Brown v. State
  21 So. 3d 108· Fla. 4th DCA· 2009-10-28 ·cited 2×
  The court upheld a sentencing enhancement for domestic aggravated battery where the trial court applied a 1.5 multiplier because the offense occurred in the presence of a child under sixteen, despite the information not explicitly pleading this sentencing factor. The court held t
• Shelley v. State
  846 So. 2d 577· Fla. 1st DCA· 2003-04-28 ·cited 2×
  The court held that a default order entered without an evidentiary hearing on whether the parties received adequate notice violates procedural due process.
• Gonzalo Castrillon v. State
  821 So. 2d 360· Fla. 5th DCA· 2002-07-05 ·cited 2×
  Castrillon appeals his sentence for attempted second degree murder and burglary with assault, challenging an amended administrative order establishing a Collections Program and arguing it violates his due process rights regarding notice. The court affirms, holding that the Collec
• Tamela Quarterman v. Dep't of Health & Rehabilitative Servs.
  650 So. 2d 104· Fla. 1st DCA· 1995-01-31 ·cited 2×
  Tamela Quarterman appealed the Department of Health and Rehabilitative Services' decision to reduce her AFDC benefits to recover overpayments made to her mother when Quarterman was part of her mother's assistance unit. The court reversed in part, holding that Quarterman could onl
• United States v. Approximately TWO Thousand
  988 F.2d 1281· 1st Cir.· 1993-03-05 ·cited 2×
  The court held that "process has been executed" under Supplemental Rule C(6) requires both the execution of a warrant for arrest in rem upon the property and the giving of adequate notice to potential claimants; the mere personal service of notice on the owner is insufficient if
• Martin v. Occupational Safety & Health Review Comm'n
  941 F.2d 1051· 10th Cir.· 1991-08-05 ·cited 2×
  The court held that the Secretary's interpretation of 29 C.F.R. § 1910.1029(g)(3) requiring corrective action for respirator fit after atmospheric testing is reasonable and that CF & I had fair notice of this interpretation, thus constituting a violation.
• United States v. Wilhoit
  920 F.2d 9· 9th Cir.· 1990-11-21 ·cited 2×
  The court held that the appellant received sufficient notice of the reclassification of methamphetamine and the associated penalties, even though the regulation differed from the original statute.
• United States v. Loris C. Bridges
  894 F.2d 108· 5th Cir.· 1990-01-30 ·cited 2×
  The court held that the Small Business Administration (SBA) did not receive sufficient notice or actual knowledge of the debtor's individual bankruptcy filing to discharge her unscheduled debts, as the notice was received by a branch office unconnected to the loans and unaware of
• Cruz v. State
  554 So. 2d 586· Fla. 3d DCA· 1989-12-19 ·cited 2×
  William Cruz appealed his burglary conviction, arguing the trial court committed fundamental error by failing to instruct the jury on an abandonment defense without his request. The court affirmed the conviction but reversed the $225 cost assessment imposed without due process no
• Sterling v. Env't Control Bd. OF the City OF NEW York & the City of N.Y.
  793 F.2d 52· 2d Cir.· 1986-06-05 ·cited 2×
  The court held that the 1979 statute's 'nail and mail' service procedure was unconstitutional as applied to absentee landlords because it failed to provide notice reasonably calculated to apprise them of violations.
• Jolene Gustafson v. Bd. OF Governors OF the Fed. Reserve Sys.
  717 F.2d 242· 5th Cir.· 1983-10-17 ·cited 2×
  The court held that published notice of the bank holding company application satisfied due process, and therefore the petitioner, having failed to object during the administrative comment period, lacked standing to seek judicial review.
• Topaz Beryllium Co. v. United States
  649 F.2d 775· 10th Cir.· 1981-05-21 ·cited 2×
  The court held that the challenged regulations promulgated by the Secretary of the Interior under FLPMA were a valid exercise of delegated authority and did not exceed statutory jurisdiction, authority, or limitations.
• Kane v. State
  397 So. 2d 1169· Fla. 3d DCA· 1981-04-28 ·cited 2×
  The court held that the defendant was not given proper due process notice of the probation violation charges due to confusion regarding the alleged offenses.
• Endel ARE v. Barnett Bank OF Miami Beach
  330 So. 2d 250· Fla. 3d DCA· 1976-03-02 ·cited 2×
  In a replevin action for repossession of a motor home, the court held that an agreement by a buyer not to assert defenses against an assignee of an installment contract is enforceable under Florida law when the assignee takes in good faith without notice of defects. The court als
• Villano v. Harper
  248 So. 2d 205· Fla. 3d DCA· 1971-05-11 ·cited 2×
  A former wife sought to enforce Colorado child support decrees in Florida against her ex-husband. The appellate court affirmed dismissal of two alternative counts based on lack of notice to the defendant in the Colorado proceedings, but reversed the trial court's denial of attorn
• Bixby v. ECP Cap. P'rs, Inc.
  373 So. 3d 899· Fla. 4th DCA· 2023-11-01 ·cited 1×
  The appellate court reversed a lower court's order denying a motion to vacate a dismissal. The lower court had dismissed the plaintiff's case for failing to file an amended complaint within the time allowed after the court granted leave to amend, but the order granting leave to a
• Ocnel Metellus v. Storm Restoration Servs., LLC
  Fla. 2d DCA· 2023-06-14 ·cited 1×
  A trial court abuses its discretion by summarily denying a motion for new trial in small claims court without a hearing when the record supports that the defendant may not have received proper notice due to use of an incorrect email address.
• Thompson v. Markham
  164 So. 3d 1289· Fla. 1st DCA· 2015-06-18 ·cited 1×
  Thompson appeals a summary judgment quieting title to real property based on a tax deed. The court reversed, holding that genuine issues of material fact exist regarding whether the notice procedures satisfied due process requirements after the certified letter was returned unope
• City OF W. Palm Beach v. Olenza Roberts and Venita Roberts
  72 So. 3d 294· Fla. 4th DCA· 2011-10-19 ·cited 1×
  The City of West Palm Beach appealed a trial court judgment finding that the City's demolition of the Robertses' structure constituted a taking requiring compensation. The Fourth District affirmed, holding that the City failed to provide proper notice before demolition and that t
• Miller v. Knapp
  823 So. 2d 203· Fla. 4th DCA· 2002-07-24 ·cited 1×
  A property owner challenged a tax deed sale as unconstitutional because he was not provided notice of a second sale date after failing to attend the first scheduled sale. The court affirmed, holding that Florida's statutory notice provisions satisfy due process requirements and d
• Best&Beam Mgmt., Inc. v. Silverstone
  Fla. 3d DCA· 2026-06-03
  A trial court cannot grant summary judgment on a theory not pleaded in the complaint.
• Dalhou Fletcher- Johnson v. Colin Wayne Johnson
  Fla. 4th DCA· 2025-11-12
  A trial court does not violate due process by ruling on a domestic violence injunction petition in the absence of a party who received actual notice of the hearing, and an appellate court lacks jurisdiction to review orders denying motions to vacate when those orders are not incl
• Teresita Pena v. Izquierdo
  Fla. 3d DCA· 2025-09-10
  A Totten Trust is a tentative trust revocable during the depositor's lifetime, and such a trust is terminated when all funds are withdrawn from the trust account and transferred to a separate guardianship account before the depositor's death. The funds then become estate property
• Izquierdo v. Izquierdo
  Fla. 3d DCA· 2025-09-10
  Totten Trusts are tentative trusts revocable during the depositor's lifetime, and closing the accounts and transferring all funds to a guardianship account before the depositor's death terminated the trusts as a matter of law. The funds became estate property subject to probate w
• Rolling v. State
  Fla. 3d DCA· 2025-07-02
  A trial court may prohibit a litigant from filing further pro se pleadings when it provides adequate notice and an opportunity to be heard before imposing such sanctions.
• Goldsmith v. Garcia
  Fla. 3d DCA· 2024-04-10
  Due process does not require that a property owner receive actual notice before the government may take property through tax lien proceedings.
• State v. A.G.
  Fla. 4th DCA· 2023-05-03
  A charging document alleging the offense of carrying a concealed firearm sufficiently alleges possession of a firearm to trigger the fifteen-day mandatory minimum secure detention requirement under section 790.22(9)(a), Florida Statutes. The statute does not require the charging
• Birmingham v. Rofx.net
  S.D. Fla.· 2022-08-25
  The court denied plaintiffs' motion for alternative service on both a U.S. defendant and a foreign defendant, finding the proposed methods did not comply with applicable rules or provide a reasonable likelihood of notice.
• Olaplex, Inc. v. Cespedes
  S.D. Fla.· 2022-03-10
  The court granted the plaintiff's motion for alternative service of process on the defendant via email and U.S. mail.
• Refaie v. Bayview Loan Servicing
  Fla. 2d DCA· 2021-05-14
  The court reversed an order granting surplus foreclosure proceeds to BB&T, finding BB&T's claim was untimely. The key issue was when the 60-day period to claim surplus funds begins, which the court determined starts with the filing of the certificate of disbursements.
• Kuhr v. Mayo Clinic Jacksonville
  M.D. Fla.· 2021-03-30
  Kuhr sued Mayo Clinic Jacksonville and Professional Service Bureau for improperly billing and attempting to collect medical fees in excess of amounts permitted under Florida law from patients with personal injury protection insurance, alleging violations of the Florida Consumer C
• Watkins v. Officer David Session
  S.D. Fla.· 2021-02-18
  Eric Watkins sued police officers for falsely arresting him for exposing his genitals in a public park, claiming they violated his Fourth Amendment rights, and also brought claims for fabricating evidence, malicious prosecution, and due process violations. The court denied qualif
• Jugal K. Taneja v. Downtown ST. Pete Props., LLC
  Fla. 2d DCA· 2021-01-29
  The appellate court reversed a deficiency judgment against a guarantor because the original complaint did not include a claim against him on the guaranty. This ruling emphasizes the importance of proper pleading for due process.
• Soc. Media Ltd. LLC v. Khalil Abdo
  Fla. 2d DCA· 2021-01-08
  The appellate court granted a writ of prohibition, quashing five postjudgment orders issued by the circuit court. The court found these orders exceeded the circuit court's authority by deviating from the appellate court's prior mandates and by addressing issues not properly raise
• Abdo v. Khalil Abdo
  Fla. 2d DCA· 2021-01-08
  The appellate court granted a writ of prohibition, quashing five postjudgment orders issued by the lower court. The court found these orders exceeded the lower court's authority by deviating from the appellate court's previous mandates and by addressing issues not properly raised
• Harvey v. The Hammel & Kaplan Co., LLC
  M.D. Fla.· 2020-12-07
  The court granted final approval of the class action settlement, finding it fair, reasonable, and adequate, while deferring the issue of a service award to the class representative.
• Anastasia Farman v. Deutsche Bank Nat'l Tr.
  Fla. 2d DCA· 2020-08-12
  The appellate court reviewed a final judgment quieting title and awarding damages for breach of a settlement agreement. The court affirmed parts of the judgment but reversed the breach of contract claim, finding the plaintiff failed to prove damages and that a $15,000 award was i
• United States v. Dinh
  M.D. Fla.· 2020-08-04
  The court granted the United States' motion for an order authorizing alternate service of process by email on defendants whose locations are unknown.
• Premier Trailer Leasing, Inc. v. DM World Transp., LLC
  M.D. Fla.· 2020-02-24
  The court granted the plaintiff's motion for alternative service by email on the defendant, finding it reasonably calculated to provide notice.
• Castella v. Stewart
  Fla. 3d DCA· 2019-11-20
  The appellate court affirmed the Education Practices Commission's (EPC) order suspending a teacher's certificate for three years. The teacher argued she did not knowingly fail to report suspected child abuse and that the EPC improperly enhanced the penalty. The court found suffic
• Joseph v. Dept. of Revenue
  Fla. 4th DCA· 2019-09-25
  Teddy Joseph challenged an administrative child support order entered by the Department of Revenue under Florida Statutes section 409.2563. The Department conceded that it failed to provide Joseph proper notice by sending the proposed order to an incorrect address despite having