Procedural Due Process

3,616 Florida cases classified under this topic, plus 62 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Haines City Cmty. Dev. v. Leila Heggs
  658 So. 2d 523· Fla.· 1995-07-06 ·cited 1103×
  The Florida Supreme Court answered a certified question regarding the standard of review for district courts reviewing circuit court decisions acting in appellate capacity. The Court held that the standards from Combs v. State and Educational Development Center v. City of West Pa
• City OF Deerfield Beach v. Vaillant
  419 So. 2d 624· Fla.· 1982-07-29 ·cited 736×
  A final judgment of a circuit court reviewing administrative action is subject to certiorari in the district court of appeal, not a direct appeal as a matter of right, when the circuit court has already provided a full review.
• Maddox v. State
  760 So. 2d 89· Fla.· 2000-05-11 ·cited 630×
  The Florida Supreme Court resolved a conflict among district courts regarding whether unpreserved sentencing errors can be raised on direct appeal following the 1996 Criminal Appeal Reform Act. The Court held that narrow categories of patent, serious sentencing errors constitute
• Huth v. S. Pac. Co.
  417 F.2d 526· 5th Cir.· 1969-10-07 ·cited 546×
  A private contract between a state highway department and a railroad, imposing on the highway department the duty to maintain the railroad's right-of-way over a public highway crossing, does not absolve the railroad from liability for damages sustained by a member of the public d
• Farren Ivey v. Allstate Ins. Co.
  774 So. 2d 679· Fla.· 2000-12-07 ·cited 468×
  The Florida Supreme Court reversed the Third District Court of Appeal's decision denying attorney's fees to an insured in a personal injury protection (PIP) dispute. The Court held that Allstate Insurance Company wrongfully withheld PIP benefits by unilaterally reducing a claim w
• Mays v. State
  519 So. 2d 618· Fla.· 1988-02-04 ·cited 318×
  The court held that due process requires notice and an opportunity to object to the assessment of costs under section 27.3455, Florida Statutes, even with a community service alternative.
• State v. Beasley
  580 So. 2d 139· Fla.· 1991-05-09 ·cited 295×
  The Florida Supreme Court clarified that trial courts need not determine an indigent defendant's ability to pay statutorily mandated costs before imposing them; such a determination is required only when the state seeks to enforce collection. The court answered a certified questi
• Custer Med. Ctr. v. United Auto. Ins. Co.
  62 So. 3d 1086· Fla.· 2010-11-04 ·cited 290×
  The Florida Supreme Court reversed the Third District Court of Appeal's decision that had granted certiorari review of a circuit court's reversal of a directed verdict. The case involved whether an insured's failure to appear for post-treatment medical examinations, requested lon
• United States & Linda Stout v. Jefferson Cnty. Bd. OF Educ.
  380 F.2d 385· 5th Cir.· 1967-03-29 ·cited 287×
  The en banc court's per curiam opinion, by adopting and expanding upon a prior two-judge panel opinion, established new doctrines regarding school desegregation. These doctrines include the de jure-de facto distinction, which the dissenting judge argues is unfair and unconstituti
• Dep't OF LAW Enf't v. Real Prop.
  588 So. 2d 957· Fla.· 1991-08-15 ·cited 281×
  The Florida Supreme Court held that the Florida Contraband Forfeiture Act is facially constitutional but requires adherence to minimum due process protections under the Florida Constitution. The Court established detailed procedural requirements distinguishing between real and pe
• Broward Cnty. v. G.B.V. Int'l, Ltd.
  787 So. 2d 838· Fla.· 2001-06-07 ·cited 269×
  The Florida Supreme Court clarified the scope of certiorari review for local land use decisions, holding that district courts on second-tier certiorari review are limited to examining whether the circuit court afforded procedural due process and applied correct law, not to conduc
• Schiavo v. Schiavo
  403 F.3d 1223· 11th Cir.· 2005-03-23 ·cited 266×
  The Eleventh Circuit affirmed the district court's denial of a temporary restraining order sought by Theresa Schiavo's parents to prevent removal of her feeding tube, holding that plaintiffs failed to demonstrate a substantial likelihood of success on the merits of their federal
• In the Interest of D. B. and D. S.
  385 So. 2d 83· Fla.· 1980-05-16 ·cited 248×
  The Florida Supreme Court rejected a federal district court ruling requiring the state to provide counsel to all indigent participants in juvenile dependency proceedings. The Court held that a constitutional right to counsel exists only when proceedings may result in permanent lo
• United States v. Kelly
  349 F.2d 720· 2d Cir.· 1965-07-29 ·cited 242×
  The concurring judge agrees with the result but disagrees with the majority's reasoning on specific points, particularly regarding severance and the appellate court's review of trial strategy.
• Ferguson v. Thomas
  430 F.2d 852· 5th Cir.· 1970-06-23 ·cited 221×
• Lewis v. Smith
  855 F.2d 736· 11th Cir.· 1988-09-19 ·cited 217×
  The court held that prison officials were not entitled to qualified immunity and that a compensatory damage award for a procedural due process violation was appropriate.
• St. John Dixon v. Ala. State Bd. OF Educ.
  294 F.2d 150· 5th Cir.· 1961-08-04 ·cited 194×
  Due process requires that students at tax-supported colleges receive notice of specific charges and an opportunity for a hearing before being expelled for misconduct.
• Dusseau v. Metro. Dade Cnty. Bd. OF Cnty. Comm'rs
  794 So. 2d 1270· Fla.· 2001-05-17 ·cited 192×
  The Florida Supreme Court clarified the proper standards for two-tiered certiorari review of local agency decisions on special exception applications. The court held that circuit courts must apply a three-pronged Vaillant standard focusing on procedural due process, essential req
• Millard McKINNEY v. Pate
  20 F.3d 1550· 11th Cir.· 1994-05-05 ·cited 186×
  The Eleventh Circuit held that a government employee with a state-created property interest in employment who alleges pretextual termination states only a procedural due process claim, not a substantive due process claim, under the Fourteenth Amendment. The court overruled ten ye
• Miami-Dade Cnty. v. Omnipoint Holdings, Inc.
  863 So. 2d 195· Fla.· 2003-09-25 ·cited 180×
  The Florida Supreme Court reviewed a Third District Court of Appeal decision that struck down Miami-Dade County zoning ordinances on facial constitutional grounds while conducting second-tier certiorari review of a circuit court decision regarding Omnipoint's application for a te
• Gilmere v. City OF Atlanta
  774 F.2d 1495· 11th Cir.· 1985-10-15 ·cited 178×
  The existence of a state statute providing redress does not automatically insulate a wrongdoer from a federal § 1983 claim if the state remedy is not adequate in fact.
• Citizens Prop. Ins. Corp. v. SAN Perdido Ass'n, Inc.
  104 So. 3d 344· Fla.· 2012-11-15 ·cited 174×
  The Florida Supreme Court resolved a conflict among district courts regarding whether Citizens Property Insurance Corporation, a state-created entity, could seek interlocutory review of an order denying its claim of immunity from bad faith insurance litigation. The Court held tha
• Nat'l Labor Relations Bd. v. Golden AGE Bev. Co.
  415 F.2d 26· 5th Cir.· 1969-07-07 ·cited 174×
  The court held that the National Labor Relations Board did not abuse its discretion by refusing to set aside the representation election or grant an evidentiary hearing, and that employee affidavits were confidential.
• Deneace M. Joshua v. City OF Gainesville
  768 So. 2d 432· Fla.· 2000-08-31 ·cited 173×
  Joshua filed a racial discrimination complaint with the Florida Commission on Human Relations in January 1995, and a retaliation complaint in July 1995. The Commission never made a reasonable cause determination within the statutory 180-day period. When Joshua sued in circuit cou
• State v. Cain
  381 So. 2d 1361· Fla.· 1980-03-27 ·cited 160×
  The Florida Supreme Court upheld the constitutionality of a statute permitting state attorneys to prosecute juveniles aged 16-17 as adults when they have previously committed two delinquent acts, one involving a felony. The court rejected arguments that the statute impermissibly
• Ara Williams VanBIBBER v. Hartford Accident & Indem. Ins. Co.
  439 So. 2d 880· Fla.· 1983-10-13 ·cited 159×
  The Florida Supreme Court upheld the constitutionality of section 627.7262, which requires an injured third party to first obtain a judgment against an insured before suing the liability insurer directly. However, the Court held the statute applies only prospectively, not to caus
• Mitchell v. United States
  259 F.2d 787· D.C. Cir.· 1958-06-12 ·cited 155×
  The court held that a prisoner is entitled to a hearing under 28 U.S.C. § 2255 if the motion, files, and records do not conclusively show he is entitled to no relief, and the allegations of counsel's ineffectiveness are not bare.
• United States v. Bowdach
  561 F.2d 1160· 5th Cir.· 1977-10-26 ·cited 154×
  The court affirmed the conviction and sentence, holding that the arrest was valid, the search was a permissible security sweep, and the defendant was not denied a speedy trial.
• Hill v. Humphrey
  662 F.3d 1335· 11th Cir.· 2011-11-22 ·cited 148×
  The concurring opinion argues that the petitioner's claim, alleging a due process violation in a state post-conviction proceeding, is not cognizable in federal habeas corpus. While acknowledging the Supreme Court precedent prohibiting the execution of mentally retarded individual
• Dorsey v. Gill
  148 F.2d 857· D.C. Cir.· 1945-02-26 ·cited 148×
  The court held that a habeas corpus petition must establish a prima facie case by alleging specific facts showing illegality of restraint, not mere general conclusions or disappointed expectations.
• Nank v. State
  646 So. 2d 762· Fla. 2d DCA· 1994-11-04 ·cited 144×
  Gary Nank appealed his sentences for four counts of sexual activity with a child following guilty pleas, challenging various conditions of probation. The appellate court affirmed his sentences but reversed and remanded regarding several probation conditions that were improperly i
• United States ex rel. Luther Miller v. Twomey
  479 F.2d 701· 7th Cir.· 1973-05-16 ·cited 141×
  The dissenting judge would reverse the dismissal of claims alleging cruel and unusual punishment due to reckless endangerment and apply the full procedural safeguards of Morrissey v. Brewer to parole and good time revocation proceedings.
• Nat'l Labor Relations Bd. v. Smith Indus., Inc.
  403 F.2d 889· 5th Cir.· 1968-11-12 ·cited 133×
  The National Labor Relations Board erred in granting summary judgment without a formal hearing, denying the employer due process.
• Tomas Menchaca and wife v. Chrysler Credit Corp.
  613 F.2d 507· 5th Cir.· 1980-03-07 ·cited 130×
  The dissenting judge would reverse the district court's dismissal and remand for trial, arguing that the jurisdictional issue was factually intertwined with the merits and should not have been decided summarily.
• Soule Glass & Glazing Co. v. Nat'l Labor Relations Bd.
  652 F.2d 1055· 1st Cir.· 1981-05-07 ·cited 128×
  The court held that the Board's findings must be supported by substantial evidence and that procedural due process requires notice of charges. The court affirmed the 'single employer' finding but reversed some unfair labor practice findings due to lack of proper notice or insuffi
• Bonner v. Coughlin
  545 F.2d 565· 7th Cir.· 1976-10-28 ·cited 125×
  The court held that the negligence of prison guards causing the loss of a prisoner's transcript was not a state deprivation of property without due process of law under the Fourteenth Amendment, nor was it action 'under color of state law' for purposes of Section 1983.
• Sierra Club v. Costle
  657 F.2d 298· D.C. Cir.· 1981-04-29 ·cited 124×
  The court held that the EPA did not exceed its statutory authority under the Clean Air Act in promulgating the revised New Source Performance Standards (NSPS), including the variable percentage reduction option for sulfur dioxide emissions.
• Keys Citizens for Responsible Gov't, Inc. v. Fla. Keys Aqueduct Auth.
  795 So. 2d 940· Fla.· 2001-07-12 ·cited 121×
  Keys Citizens for Responsible Government challenged a circuit court's validation of sewer revenue bonds issued by the Florida Keys Aqueduct Authority, arguing that the court improperly validated a mandatory sewer connection ordinance as part of the bond validation proceeding. The
• Aldana v. Holub
  381 So. 2d 231· Fla.· 1980-02-28 ·cited 121×
  The Florida Supreme Court held that the medical mediation act's rigid ten-month jurisdictional time limit is unconstitutional as applied because it arbitrarily deprives parties of due process by eliminating the right to mediation through no fault of their own. The Court invalidat
• DOE v. Hampton
  566 F.2d 265· D.C. Cir.· 1977-09-14 ·cited 115×
  The Civil Service Commission erred by relying on Dr. Eck's opinion in violation of its own procedural rules, which denied the appellant the opportunity to challenge the evidence. The dissenting opinion argues that this procedural error was not harmless and prejudiced the appellan
• J.B. v. Fla. Dep't of Child. & Fam. Servs.
  768 So. 2d 1060· Fla.· 2000-09-28 ·cited 114×
  The Florida Supreme Court held that a natural father's parental rights were terminated in violation of due process because he received only 24 hours' notice of an advisory hearing at which his failure to appear resulted in an automatic consent to termination, and because the tria
• Demenech v. Sec'y OF THE Dep't OF Health & Human Servs.
  913 F.2d 882· 11th Cir.· 1990-10-02 ·cited 114×
  The court held that denying a claimant the opportunity to cross-examine a post-hearing physician whose report was crucial to the termination of benefits violates due process.
• Taylor v. James G. Ledbetter, PH.D.
  818 F.2d 791· 11th Cir.· 1987-06-09 ·cited 114×
  The court held that the plaintiff failed to state a claim for deliberate indifference under 42 U.S.C. § 1983 because the complaint did not allege facts showing the defendants had actual knowledge of a substantial risk of harm to the child. The court also held that the Georgia fos
• State v. Scott
  439 So. 2d 219· Fla.· 1983-10-06 ·cited 114×
  A defendant is entitled to be present, with counsel, at resentencing when a prior split sentence is corrected following Villery v. Florida Parole and Probation Commission.
• Wright v. Lanson Newsome
  795 F.2d 964· 11th Cir.· 1986-08-06 ·cited 113×
  The court held that the district court abused its discretion in denying the inmate's motion to amend his complaint and erred in dismissing his claims for procedural due process, access to the courts, and pendent state law claims.
• Hostrop v. Bd. OF Junior Coll. Dist. NO. 515
  523 F.2d 569· 7th Cir.· 1975-09-24 ·cited 113×
  The court held that the plaintiff's First Amendment rights were not violated, but his procedural due process rights were violated by the failure to provide a hearing. Individual board members are protected by official immunity, but the board itself is liable for damages.
• Ferman Carlos Espindola v. State
  855 So. 2d 1281· Fla. 3d DCA· 2003-10-22 ·cited 112×
  Espindola challenges the Florida Sexual Predator Act (FSPA) as violating procedural due process by automatically designating him a sexual predator based on his guilty plea without providing a hearing to determine whether he actually poses a danger to the public. The Third Distric
• AG 1 Dennis R. Beller v. The Honorable J. William Middendorf
  632 F.2d 788· 9th Cir.· 1980-10-23 ·cited 112×
  The court held that the Navy's regulations and discharge proceedings for homosexual conduct did not violate constitutional limitations, and that the district court had jurisdiction over nonmonetary claims despite the expiration of enlistment terms.
• Kingsley v. Kingsley
  623 So. 2d 780· Fla. 5th DCA· 1993-08-18 ·cited 110×
  In this groundbreaking parental rights case, an 11-year-old boy sought to terminate his natural mother's parental rights and be adopted by his foster parents. The court affirmed the termination of parental rights based on abandonment but reversed the adoption order due to jurisdi
• Claudine Hall v. Garson
  430 F.2d 430· 5th Cir.· 1970-07-22 ·cited 110×
  The court held that the district court erred in dismissing the case for lack of federal jurisdiction and that a claim was stated under 42 U.S.C. § 1983, but affirmed the refusal to convene a three-judge court.