Due Process Notice Requirements

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

• Redmond v. First Guar. Mortg. Corp.
  Fla. 5th DCA· 2019-04-12
  The trial court's denial of Redmond's motion for relief from final judgment was affirmed because Redmond failed to demonstrate excusable neglect for not filing an answer to the complaint and failed to show due diligence by waiting nearly seven months to seek relief. Although the
• A.G. v. Dept. of Children and Families
  Fla. 3d DCA· 2018-08-01
  A trial court's order changing a dependency case plan goal from reunification to adoption must be supported by a preponderance of the evidence and the affected parent must receive notice that such a change will be considered.
• State v. T. A. K.
  240 So. 3d 885· Fla. 2d DCA· 2018-03-23
  The State appealed the dismissal of a juvenile delinquency case for battery after the trial court determined it lacked jurisdiction when T.A.K.'s probation expired. The court affirmed the dismissal, holding that the State failed to properly initiate revocation proceedings because
• Lilia Belkova v. Russo
  181 So. 3d 1241· Fla. 5th DCA· 2015-12-18
  The court held that an attorney's arguments regarding insufficient notice via email were without merit, and sanctions were warranted for failure to comply with court orders and rules of professional conduct.
• Tracfone Wireless, Inc. v. Hernandez
  S.D. Fla.· 2015-09-02
  The court granted TracFone's motion, authorizing service of process on the defendant in Belize via FedEx and email.
• Bates v. Winn
  162 So. 3d 1111· Fla. 1st DCA· 2015-04-17
  Damon Bates challenged the revocation of his educator's certificate by the Education Practices Commission, arguing he did not receive proper notice of his informal hearing. The court found that although certified mail notice is ordinarily adequate, the EPC abused its discretion b
• Surna Constr., Inc. v. Morrill
  50 So. 3d 47· Fla. 5th DCA· 2010-12-03
  Surna Construction appealed a summary judgment voiding a tax deed sale of an easement property in Bay Vista Estates. The court affirmed the trial court's decision that the tax deed was void because Philip Morrill, owner of contiguous property, was entitled to notice under Florida
• Levarity v. State
  13 So. 3d 1098· Fla. 3d DCA· 2009-07-08
  Florida appellate court affirmed revocation of probation where the affidavit alleged violation of probation terms, holding that affidavits need only provide notice of basic facts rather than criminal-indictment-level specificity.
• Patricia Weingarten Assocs., Inc. v. Taylor
  941 So. 2d 493· Fla. 5th DCA· 2006-11-03
• Hutchinson Island Realty, Inc. v. Babcock Ventures, Inc.
  867 So. 2d 528· Fla. 5th DCA· 2004-02-27
  Hutchinson Island Realty appeals a quiet title judgment in favor of Babcock Ventures, who acquired property through a tax deed sale. The court affirms the tax deed despite Hutchinson's claims that defective notice (due to misspellings of the company and mortgagee names) and an in
• Roberta Santini, M.D. v. Cleveland Clinic Fla.
  843 So. 2d 1029· Fla. 4th DCA· 2003-05-07
  Dr. Santini appealed a summary judgment dismissing her state employment discrimination claim under the Florida Civil Rights Act. The court reversed, holding that she properly filed her state discrimination charge through the local agency and was not required to exhaust state admi
• A.C. v. Dept. OF Child. & Fam. Servs. & M.K.O.
  778 So. 2d 480· Fla. 4th DCA· 2001-02-21
  The Fourth District affirmed the trial court's denial of the grandmother's petition to terminate parental rights based on substantial evidence supporting reunification, but reversed the sua sponte order returning the mother's other child due to lack of notice and opportunity to b
• Alec v. Matthews
  774 So. 2d 1· Fla. 2d DCA· 2000-05-17
  Alec Matthews appeals his sentence for aggravated assault on a law enforcement officer, challenging the trial court's application of a law enforcement sentencing multiplier. The Second District Court of Appeal affirms the sentence, holding that an information need only identify t
• Gregg v. State
  724 So. 2d 158· Fla. 5th DCA· 1998-12-18
  This dissenting opinion argues that a defendant cannot be convicted of an attempted lewd act upon a child if the information only charges the completed act, and therefore an attempt instruction should not be given.
• Pitts v. State
  679 So. 2d 346· Fla. 4th DCA· 1996-09-04
  Court reversed summary denial of post-conviction relief motion where defendant claimed lack of personal notice of state's intent to seek habitual offender status, holding that trial court must ensure defendant personally knows of habitualization possibility before accepting plea.
• Skelton v. Martin
  673 So. 2d 877· Fla. 2d DCA· 1996-03-06
  Roy Skelton purchased property at a tax deed sale and seeks to quiet title against a deed issued by the property owner to Sandy Perry before the tax sale. The court held that the tax deed is valid despite Perry's claim that she lacked constitutional notice, reversing the trial co
• Taleb Atala v. Kopelowitz
  664 So. 2d 1156· Fla. 3d DCA· 1995-12-20
• United States v. McAFEE
  998 F.2d 835· 10th Cir.· 1993-07-07
  The court held that a defendant's use of a controlled substance constitutes possession for the purposes of 18 U.S.C. § 3583(g), and the petition for revocation need not specifically allege 'possession' if it alleges 'use'.
• H.H. Robertson Co. v. V.S. DiCARLO Gen. Contractors, Inc.
  994 F.2d 476· 8th Cir.· 1993-05-28
  The court held that a creditor's bill in equity under Missouri law can enforce a judgment against alter ego corporations even if they were not parties to the original action, provided they received proper notice and opportunity to be heard.
• Farrell v. Republic OF Colombia
  589 So. 2d 972· Fla. 3d DCA· 1991-11-12
  Defendants Farrell and Nardi appealed a non-final order enforcing a settlement agreement requiring them to transfer stock to the Republic of Colombia. The Third District Court of Appeal affirmed, rejecting arguments that defendants lacked due process notice and that transcript ev
• Burns D. Coley, Jr. v. Est. OF Edward Mason Odom
  500 So. 2d 188· Fla. 1st DCA· 1986-09-15
  Appellants whose family member died in a plane crash owned by Edward Odom challenged the dismissal of their wrongful death and probate claims against Odom's estate for failing to file within the statutory deadline. The court affirmed the dismissal, holding that Florida's claims-f
• Dooley v. State
  490 So. 2d 241· Fla. 2d DCA· 1986-06-27
  Florida appellate court affirmed conviction and sentence but reversed cost assessments against an indigent defendant, holding that the trial court failed to provide adequate notice and opportunity to object as required by Jenkins v. State.
• Trans Atl. Corp. v. Sayad
  471 So. 2d 184· Fla. 3d DCA· 1985-06-18
  A garage owner who took possession of vehicles for storage from one lawfully in possession of them could validly perfect a lien for storage charges without complying with notice requirements applicable to towing/recovery operators, because the garage owner was not subject to the
• Rollin W. Zimmerman v. The Fla. Elections Comm'n
  373 So. 2d 58· Fla. 1st DCA· 1979-06-22
  The court held that the Florida Elections Commission improperly expanded the scope of its investigation and conducted an unauthorized hybrid proceeding.
• Petition of Fla. Power & Light Co.
  46 Fla. Supp. 149· Fla. P.S.C.· 1977-11-02
  The Florida Public Service Commission denied Florida Power & Light Company's petition for reconsideration of a rate increase decision, upholding the commission's adoption of an inverted rate structure for residential customers, its reduction of the franchise fee multiplier, and i
• In re Randolph-Wells Bldg. Corp. v. Randolph-Wells Bldg. Corp. & LaSalle Nat'l Bank
  332 F.2d 963· 7th Cir.· 1964-05-15
  The court held that the notice provided for the bar date proceedings was sufficient to satisfy due process, and that the unclaimed funds deposited for bondholder exchange properly reverted to the debtor.