Procedural Due Process

3,605 Florida cases classified under this topic · sorted by citation count

• Patric M. Graham v. Nat'l Transp. Safety Bd. & James E. Dow
  530 F.2d 317· 8th Cir.· 1976-02-19 ·cited 14×
  The court held that the FAA regulation prohibiting medical certificates for individuals with a history of alcoholism is reasonably related to air safety, and the exemption process did not violate due process.
• Carpenters 46 Cnty. Conf. Bd. v. The Constr. Indus. Stabilization Comm.
  522 F.2d 637· Temp. Emer. Ct. App.· 1975-07-31 ·cited 14×
  The court held that the case was moot because no actual controversy existed at the appellate stage after the expiration of the Economic Stabilization Act.
• Hayes Slaughter v. Brigham Young Univ.
  514 F.2d 622· 10th Cir.· 1975-04-14 ·cited 14×
  A university's disciplinary proceedings, when meeting procedural due process requirements and supported by substantial evidence, should be given deference, and commercial contract law should not be rigidly applied to student-university disciplinary matters.
• Nettie S. Crowe v. E. Band OF Cherokee Indians, Inc.
  506 F.2d 1231· 4th Cir.· 1974-11-13 ·cited 14×
  The Indian Civil Rights Act of 1968 allows federal courts to review tribal actions for violations of due process and equal protection, but does not empower courts to substitute their judgment for the tribe's regarding property allocation.
• Juliette A. Tichon v. Harder
  438 F.2d 1396· 2d Cir.· 1971-02-18 ·cited 14×
  The court held that a probationary public employee's claim of procedural due process denial in dismissal does not, without more, establish a "right of personal liberty" sufficient to confer jurisdiction under 28 U.S.C. § 1343(3).
• Appalachian Volunteers, Inc. v. Clark
  432 F.2d 530· 6th Cir.· 1970-09-11 ·cited 14×
  The court affirmed the district court's remand order and dismissal of the federal action, finding that removal under 28 U.S.C. § 1443 was limited to racial equality claims and that appellants failed to exhaust state remedies before seeking federal injunctive relief.
• United States v. Brace Todd Maine
  417 F.2d 951· 10th Cir.· 1969-11-10 ·cited 14×
  The court held that the appellant's late filing of his conscientious objector form, without demonstrating a change in status due to circumstances beyond his control, justified the local board's refusal to reopen his classification and cancel the induction order.
• United States v. Houston H. Feaster
  376 F.2d 147· 5th Cir.· 1967-03-29 ·cited 14×
  The court held that the district court did not abuse its discretion in refusing to issue a preliminary injunction, as the issue of carrier status requires a full hearing on the merits.
• Fed. Trade Comm'n v. Standard Motor Prods., Inc.
  371 F.2d 613· 2d Cir.· 1967-01-09 ·cited 14×
  The court held that it has jurisdiction to enforce pre-1959 FTC orders and that the Commission failed to articulate adequate standards for cost justification of volume rebates.
• Bridgeport Fed. Sav. & Loan Ass'n v. Fed. Home Loan Bank Bd. & Quaker City Fed. Sav. & Loan Ass'n
  307 F.2d 580· 3d Cir.· 1962-08-01 ·cited 14×
  The court held that the Federal Home Loan Bank Board's procedures, including the non-disclosure of confidential information and limited scope of hearing, were permissible in approving a branch office application.
• O'Boyle v. Bevil
  259 F.2d 506· 5th Cir.· 1958-09-26 ·cited 14×
  The dissenting judge believes the suit constitutes a collateral attack on prior judgments and should be dismissed on that basis, but disagrees with the majority on other aspects of the judgment.
• Application of John Henry Tune
  230 F.2d 883· 3d Cir.· 1956-03-06 ·cited 14×
  The court held that the denial of pre-trial inspection of a confession did not violate due process where no prejudice was shown, and that a state's procedure allowing the trial judge, rather than the jury, to determine the voluntariness of a confession is constitutionally permiss
• United States v. Vaughn Preston Peebles
  220 F.2d 114· 7th Cir.· 1955-03-04 ·cited 14×
  The court held that the biased and prejudiced action of the Local Board deprived the defendant of a fair hearing and procedural due process, rendering the induction order a nullity.
• United States ex rel. Accardi v. Shaughnessy
  206 F.2d 897· 2d Cir.· 1953-08-11 ·cited 14×
  The court held that a dissenting judge's opinion is not the holding of the court.
• United States v. Stabler
  169 F.2d 995· 3d Cir.· 1948-08-26 ·cited 14×
  The court held that the District Court of New Jersey had proper venue to cancel the appellant's citizenship because his prior physical presence in New Jersey constituted 'residence' under the statute, even though he was incarcerated elsewhere when the action began.
• Douglas v. City OF Jeannette
  130 F.2d 652· 3d Cir.· 1942-08-31 ·cited 14×
  The dissenting judge would reverse the lower court's decree and remand with directions to dismiss the complaint for want of jurisdiction.
• State Farm Mut. Auto. Ins. Co. v. CC Chiropractic, LLC
  245 So. 3d 755· Fla. 4th DCA· 2018-03-14 ·cited 13×
  Second-tier certiorari review of a circuit court's appellate decision is extraordinarily limited and requires a showing that the circuit court departed from a clearly established principle of law resulting in a miscarriage of justice; ordinary legal errors or incorrect applicatio
• Ocean Concrete, Inc. v. Indian River Cnty.
  241 So. 3d 181· Fla. 4th DCA· 2018-03-14 ·cited 13×
  A use that is expressly permitted under a zoning code at the time of a government action is a nonspeculative existing use under the Harris Act, regardless of the economic feasibility of the project. A use that is permitted under zoning code is per se compatible with surrounding l
• Skelton v. Lyons
  157 So. 3d 471· Fla. 2d DCA· 2015-02-11 ·cited 13×
  The court held that a third-party purchaser at a foreclosure sale has a protectable legal interest and due process rights, requiring notice and an opportunity to be heard before the sale can be vacated.
• Austin v. Austin
  120 So. 3d 669· Fla. 1st DCA· 2013-09-13 ·cited 13×
  In a dissolution of marriage proceeding, the trial court ordered the husband to liquidate retirement and investment accounts and authorized liquidation of his wine collection to pay mortgage arrearages on the marital home facing foreclosure. The appellate court reversed, holding
• Kirrie v. Indian River Cnty. Code Enf't Bd.
  104 So. 3d 1177· Fla. 4th DCA· 2012-12-05 ·cited 13×
  The Kirries challenged an administrative code enforcement decision affirming a violation for their property's warehouse footprint. The Florida District Court of Appeal granted their petition for certiorari, finding they were denied procedural due process when the circuit court af
• Dep't of Hwy. Safety & Motor Vehicles v. Robinson
  93 So. 3d 1090· Fla. 2d DCA· 2012-06-27 ·cited 13×
  The Florida Department of Highway Safety and Motor Vehicles appealed a circuit court decision that invalidated Robinson's driver's license suspension after the arresting officer failed to appear at an administrative review hearing. The Second District Court of Appeal denied the p
• Bowers v. State
  23 So. 3d 767· Fla. 2d DCA· 2009-11-18 ·cited 13×
  In a certiorari proceeding, the Second District Court of Appeal reviewed whether hearsay testimony from an officer who did not observe a traffic stop could be admitted under the 'fellow officer rule' to establish probable cause for the stop. The court held that the fellow officer
• Crosby v. Fla. Parole Comm'n
  975 So. 2d 1222· Fla. 1st DCA· 2008-03-10 ·cited 13×
  Wilson Crosby challenged the revocation of his conditional release supervision by seeking a writ of mandamus. The court held that procedural due process was violated when the circuit court denied his petition without affording him an opportunity to be heard regarding newly made f
• McALEVY v. State
  947 So. 2d 525· Fla. 4th DCA· 2006-12-20 ·cited 13×
  McAlevey sought certiorari review challenging a county court's order granting the state's motion to issue a subpoena for his medical records in a DUI investigation. The Fourth District addressed two issues: whether a single judge could hear certiorari petitions in the Fifteenth J
• Kupke v. Orange Cnty.
  838 So. 2d 598· Fla. 5th DCA· 2003-02-07 ·cited 13×
  The appellate court held that the farmer was denied procedural due process by the Code Enforcement Board's refusal to allow him to present relevant testimony regarding the agricultural use of his equipment.
• Cantrall v. Dep't of Hwy. Safety & Motor Vehicles
  828 So. 2d 1062· Fla. 2d DCA· 2002-10-23 ·cited 13×
  Brad Cantrall petitioned for a writ of certiorari to challenge the Department of Highway Safety and Motor Vehicles' revocation of his driver's license, which was issued in 1999 despite a 1998 statutory amendment that rendered him ineligible. The court held that the amended statut
• M.L. v. State
  819 So. 2d 240· Fla. 2d DCA· 2002-06-12 ·cited 13×
  The court held that a juvenile cannot be held in direct criminal contempt for perjury based solely on a credibility determination without clear proof of falsity and an opportunity to be heard.
• Seminole Ent., Inc. v. City OF Casselberry
  813 So. 2d 186· Fla. 5th DCA· 2002-03-22 ·cited 13×
  Seminole Entertainment, Inc. (Rachel's) petitioned for a writ of certiorari to overturn the circuit court's affirmance of the city of Casselberry's revocation of its adult entertainment license based on allegations of drug sales, prostitution, and prohibited sexual activities on
• State v. Lindquist
  698 So. 2d 299· Fla. 2d DCA· 1997-07-23 ·cited 13×
  The Florida Department of Labor and Employment Security challenged venue in two consolidated cases brought by commercial fishermen alleging breach of contract and constitutional violations arising from the state's net buy-back assistance program. The court affirmed that venue was
• Commissioner Willie J. Junior v. China Pearl Reed and Donald Reed
  693 So. 2d 586· Fla. 1st DCA· 1997-02-20 ·cited 13×
  Commissioner Willie J. Junior appealed the denial of his immunity claims in a civil rights action brought by the Reeds under 42 U.S.C. § 1983. The court held that while Commissioner Junior is not protected by absolute immunity for his administrative actions in directing a cemeter
• United States v. Stone
  954 F.2d 1187· 6th Cir.· 1992-01-27 ·cited 13×
  A bare check-kiting scheme can constitute bank fraud under 18 U.S.C. § 1344(1) as a scheme to defraud, and the evidence supported the conviction.
• Sierra Lake Reserve v. The City OF Rocklin
  938 F.2d 951· 9th Cir.· 1991-07-09 ·cited 13×
• Tiller v. Esposito
  911 F.2d 575· 11th Cir.· 1990-09-10 ·cited 13×
  The court held that the state trial court violated Tiller's procedural due process rights by failing to hold a competency hearing when presented with substantial evidence of his mental incompetence.
• Barney K. Huang v. The Bd. OF Governors OF THE Univ. OF N.C. & Its Constituent Inst.
  902 F.2d 1134· 4th Cir.· 1990-05-04 ·cited 13×
  The court held that a state university professor's transfer between departments without loss of rank or pay does not implicate a constitutionally protected property interest, and that a First Amendment retaliation claim requires proof that the employer would not have taken the ac
• City Comm'n OF the City OF Miami v. Woodlawn Park Cemetery Co.
  553 So. 2d 1227· Fla. 3d DCA· 1989-08-01 ·cited 13×
  The City of Miami and intervenors challenged a circuit court decision requiring the city to rezone a 1.3-acre parcel of Woodlawn Park Cemetery from residential to commercial zoning. The court held that the city's refusal to rezone constituted unlawful "reverse spot zoning" becaus
• Weimer v. Amen
  870 F.2d 1400· 8th Cir.· 1989-03-23 ·cited 13×
  The court held that the plaintiff's claims of procedural and substantive due process violations failed to state a claim cognizable under 42 U.S.C. § 1983 because the alleged fraudulent actions by state officials were random and unauthorized, and thus the state's post-deprivation
• Brennan v. City of Minneola
  723 F. Supp. 1442· M.D. Fla.· 1989-03-13 ·cited 13×
  The court held that defendants' motions to dismiss and abstain should be denied as the asserted defenses and procedural bars do not apply or are not sufficiently pleaded.
• Gorman v. Univ. OF R.I.
  837 F.2d 7· 1st Cir.· 1988-01-19 ·cited 13×
  The court held that the University of Rhode Island's disciplinary hearings did not violate the student's due process rights, reversing the district court's finding of liability.
• Oliver v. Ledbetter
  821 F.2d 1507· 11th Cir.· 1987-06-30 ·cited 13×
  The court held that Old Age, Survivors, and Disability Insurance (OASDI) benefits received by children must be included in calculating their co-resident siblings' eligibility for Aid to Families with Dependent Children (AFDC) assistance.
• Orange Prod. Credit Ass'n v. Frontline Ventures Ltd.
  792 F.2d 797· 9th Cir.· 1986-06-17 ·cited 13×
  The court held that filing a complaint in federal court lacking subject matter jurisdiction, after a prior dismissal for the same reason, violates Rule 11 of the Federal Rules of Civil Procedure, and the district court did not abuse its discretion in awarding sanctions.
• L.E. Eguia v. Tompkins
  756 F.2d 1130· 5th Cir.· 1985-04-08 ·cited 13×
  The court held that genuine issues of material fact remain regarding the timeliness of the procedural due process afforded to the plaintiff, and that the plaintiff's political association and defamation claims were improperly dismissed.
• Daniels v. Woodbury Cnty.
  742 F.2d 1128· 8th Cir.· 1984-09-10 ·cited 13×
  The court held that the district court correctly found due process violations in the administration of the general relief program and affirmed the award of damages, but remanded for a more specific injunction and further findings on eligibility standards.
• Pitzak v. Off. OF Pers. Mgmt.
  710 F.2d 1476· 10th Cir.· 1983-07-14 ·cited 13×
  The court held that while factual determinations of disability are not judicially reviewable, procedural and constitutional claims regarding agency action are subject to review.
• Reynolds v. State OF Ga.
  640 F.2d 702· 5th Cir.· 1981-03-26 ·cited 13×
  A federal district court lacks jurisdiction to review a state court judgment, even if the judgment allegedly violates constitutional rights, as such review constitutes impermissible appellate jurisdiction.
• Uzzell v. Friday
  558 F.2d 727· 4th Cir.· 1977-07-28 ·cited 13×
  The majority erred by granting summary judgment on the merits without affording parties adequate notice and opportunity to present evidence, violating Rule 56 and due process.
• Edelberg v. The Ill. Racing Bd.
  540 F.2d 279· 7th Cir.· 1976-08-09 ·cited 13×
  The court held that the Illinois Racing Board Rule 317c, which provides for the automatic withholding and redistribution of purse money when a winning horse is found to be drugged, does not violate the Due Process Clause because it establishes an objective condition precedent to
• Nelson v. City of N.Y.
  352 U.S. 103· U.S.· 1956-12-10 ·cited 13×
  The Court held that the City's application of its tax foreclosure statute, which resulted in the forfeiture of property for unpaid water charges, did not violate the Fourteenth Amendment's due process or equal protection clauses, as adequate notice was provided and the statute wa
• Kilnapp v. Kilnapp
  140 So. 3d 1051· Fla. 4th DCA· 2014-06-04 ·cited 12×
  The appellate court held that the trial court violated the husband's due process rights by prematurely ending an evidentiary hearing without allowing him to present his evidence.
• Dep't of Hwy. Safety & Motor Vehicles v. Corcoran
  133 So. 3d 616· Fla. 5th DCA· 2014-03-07 ·cited 12×
  The Department of Highway Safety and Motor Vehicles challenged a circuit court's decision quashing a driver's license suspension on due process grounds after a breath test operator failed to appear at the administrative hearing. The Fifth District reversed, holding that the heari