Procedural Due Process

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

• Newman v. Newman
  121 So. 3d 661· Fla. 1st DCA· 2013-09-18 ·cited 12×
  The court affirmed the trial court's determination that the former wife was entitled to attorney's fees but reversed and remanded because the trial court awarded those fees without conducting a hearing or giving the former husband an opportunity to dispute the reasonableness of t
• Rothman v. Rothman
  93 So. 3d 1052· Fla. 4th DCA· 2012-05-16 ·cited 12×
  The court held that section 744.331(4), Florida Statutes, mandates dismissal of a petition to determine incapacity when a majority of the examining committee finds the person is not incapacitated, and this dismissal is a ministerial act.
• Edenfield v. State
  45 So. 3d 26· Fla. 1st DCA· 2010-08-10 ·cited 12×
  Eric Edenfield challenged his waiver of the right to counsel in a DUI case, arguing the trial court failed to conduct a sufficiently thorough Faretta inquiry. The Florida District Court of Appeal held that while a Faretta inquiry must ensure a knowing and intelligent waiver, ther
• Dep't of Hwy. Safety & Motor Vehicles v. Icaza
  37 So. 3d 309· Fla. 5th DCA· 2010-04-16 ·cited 12×
  The Florida Fifth District Court of Appeal granted the Department of Highway Safety and Motor Vehicles' petition for writ of certiorari to review a circuit court decision that quashed a driver's license suspension for refusal to submit to a breath-alcohol test. The court held tha
• Massie v. Progressive Express Ins. Co.
  25 So. 3d 584· Fla. 1st DCA· 2009-11-17 ·cited 12×
  The appellate court reviewed whether a contingency fee multiplier was improperly denied in a personal injury protection case. The court found that the lower appellate court departed from the essential requirements of law by failing to apply established precedent regarding the nec
• United Auto. Ins. Co. v. Cnty. Line Chiropractic Ctr.
  8 So. 3d 1258· Fla. 4th DCA· 2009-05-06 ·cited 12×
  United Automobile Insurance Company sought a second-tier writ of certiorari to challenge a circuit court's dismissal of its appeal for failure to timely file an initial brief. The Fourth DCA granted the petition, finding that the circuit court violated procedural due process by m
• Hernandez v. Dep't of Hwy. Safety & Motor Vehicles
  995 So. 2d 1077· Fla. 1st DCA· 2008-11-21 ·cited 12×
  The Florida District Court of Appeal reviewed whether a hearing officer in an administrative license suspension proceeding must consider the legality of an arrest when the suspension is based on refusal to submit to a breath test. The court held that because Florida law condition
• Castro v. Miami-Dade Cnty. Code Enf't
  967 So. 2d 230· Fla. 3d DCA· 2007-07-18 ·cited 12×
  The appellate division of the circuit court failed to apply the correct principle of law by not finding that equitable estoppel precludes the County from enforcing its set-back requirements ordinance against the Castros.
• Hughes v. State
  943 So. 2d 176· Fla. 3d DCA· 2006-07-12 ·cited 12×
  Christopher Hughes, a commercial airline pilot, was convicted of operating an aircraft while intoxicated or in a careless or reckless manner in violation of Florida Statutes § 860.13 after he and his copilot attempted to fly a passenger aircraft while under the influence. The Thi
• Perez & Perez, M.D., P.A. v. Holder
  867 So. 2d 622· Fla. 2d DCA· 2004-03-10 ·cited 12×
  The circuit court's dismissal of an appeal for failure to timely submit an initial brief, under these circumstances, constituted a departure from the essential requirements of law and a denial of procedural due process.
• McKAY v. Haikey
  860 So. 2d 1046· Fla. 5th DCA· 2003-12-05 ·cited 12×
  The court held that the father failed to meet his burden of proving that changing the child's surname was in the child's best interest, and therefore the trial court abused its discretion.
• Bottcher v. Walsh
  834 So. 2d 183· Fla. 2d DCA· 2002-06-26 ·cited 12×
  The circuit court departed from the essential requirements of law by reversing the county court's denial of attorney's fees, as the premature filing of a settlement proposal under Rule 1.442 renders the offer void.
• Amendment to the Rules of Juvenile Procedure
  804 So. 2d 1206· Fla.· 2001-10-25 ·cited 12×
  The Florida Supreme Court adopted amended Rule of Juvenile Procedure 8.350 governing placement of dependent children in residential treatment centers. The Court rejected the Juvenile Court Rules Committee's proposed rule and mandated both a pre-commitment hearing and mandatory ap
• State v. Haskins
  752 So. 2d 625· Fla. 2d DCA· 1999-12-10 ·cited 12×
  The Florida Department of Highway Safety and Motor Vehicles sought review of a circuit court's decision to reinstate a driver's license that had been suspended following a DUI arrest. The District Court of Appeal reversed, holding that the circuit court misapplied the law by requ
• J.B. v. Dep't of Child. & Fam. Servs.
  734 So. 2d 498· Fla. 1st DCA· 1999-05-14 ·cited 12×
  A Florida appellate court affirmed the termination of a father's parental rights, rejecting his due process challenge based on inadequate notice of an advisory hearing. The father received only 24 hours' notice of the advisory hearing, failed to appear, and a consent was entered
• Grice v. City OF Kissimmee & Kissimmee Police Dep't
  697 So. 2d 186· Fla. 5th DCA· 1997-07-18 ·cited 12×
  Two police officers challenged their terminations by the City of Kissimmee, claiming denial of procedural due process. The court held that police officers have a property interest in their employment and are entitled to post-termination due process rights, including the opportuni
• Kersh v. State Farm Fire & Cas. Co.
  686 So. 2d 782· Fla. 3d DCA· 1997-01-22 ·cited 12×
  Trial court order finding Kersh in indirect criminal contempt and imposing sanctions is quashed because Kersh was denied notice, specifics of the alleged conduct, and a hearing as required by Florida Rule of Criminal Procedure 3.840.
• THE Florida BAR v. Kaufman
  684 So. 2d 806· Fla.· 1996-12-19 ·cited 12×
  The Florida Supreme Court upheld the disbarment of attorney Robert Scott Kaufman for ethical violations including fraud, perjury, and obstruction of justice in attempting to conceal assets during supplementary proceedings to collect a judgment against him. The Court rejected Kauf
• Wroblewski v. City OF Washburn
  965 F.2d 452· 7th Cir.· 1992-06-12 ·cited 12×
  The court held that the city's policy barring a former mayor from employment at a city marina, even if motivated by animosity, did not violate his due process or equal protection rights because it was a rational business decision and not an arbitrary imposition or stigmatizing de
• Curtis W. Caine, Jr., M.D. v. M.D. Hardy, M.D.
  943 F.2d 1406· 5th Cir.· 1991-09-26 ·cited 12×
  The court held that the district court erred in denying the plaintiff's motion to amend his complaint and in dismissing his suit under Rule 12(b)(6) without accepting his allegations of bias as true.
• Rodi v. Ventetuolo
  941 F.2d 22· 1st Cir.· 1991-08-05 ·cited 12×
  The Emergency Provisions of the Morris Rules created a liberty interest in remaining in the general prison population, and the inmate's complaint sufficiently alleged a due process violation. However, the defendants are shielded from damages by qualified immunity because the law
• PFZ Props., Inc. v. Rodriguez
  928 F.2d 28· 1st Cir.· 1991-03-18 ·cited 12×
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 for violations of due process or equal protection, as the post-deprivation remedies provided by Puerto Rico law were constitutionally adequate and the alleged actions did not rise to the level of a f
• DeGIDIO v. Pung
  920 F.2d 525· 8th Cir.· 1990-12-04 ·cited 12×
  The court held that a consistent pattern of negligent or reckless conduct can constitute deliberate indifference to serious medical needs under the Eighth Amendment, and that a district court has discretion to reduce attorney fees based on limited success.
• In the Interest of D.D.
  564 So. 2d 1224· Fla. 4th DCA· 1990-08-01 ·cited 12×
  A juvenile committed to the Department of Health and Rehabilitative Services under Florida's serious habitual juvenile offender statute appealed on constitutional grounds. The Fourth District Court of Appeal reversed, holding that the statute violated substantive due process by u
• Saboet Elmazi Azizi and Feim Azizi v. Thornburgh
  908 F.2d 1130· 2d Cir.· 1990-07-05 ·cited 12×
  Section 5 of the Immigration Marriage Fraud Amendments of 1986 contravenes the due process requirements of the Fifth Amendment because it is a procedural provision that fails to provide adequate procedural safeguards.
• Curtis W. Caine, Jr., M.D. v. Hardy, M.D.
  905 F.2d 858· 5th Cir.· 1990-06-27 ·cited 12×
• Meis v. Gunter
  906 F.2d 364· 8th Cir.· 1990-06-26 ·cited 12×
• Flores v. Meese
  934 F.2d 991· 9th Cir.· 1990-06-20 ·cited 12×
  The dissent argues that the INS regulations unconstitutionally deprive detained alien minors of their liberty, as the majority erred in applying a deferential standard of review and narrowly defining the constitutional right at stake.
• Weller v. Dep't OF Soc. Servs. FOR the City OF Baltimore
  901 F.2d 387· 4th Cir.· 1990-04-19 ·cited 12×
  The court held that while most of the plaintiff's claims were properly dismissed for lack of jurisdiction, the complaint sufficiently alleged a procedural due process violation regarding the transfer of child custody without a hearing to warrant further factual inquiry.
• Joihner v. McEVERS
  898 F.2d 569· 7th Cir.· 1990-03-28 ·cited 12×
  The court held that the denial of a prisoner's request for transfer to a work camp did not violate a protectible liberty interest because the relevant state statutes and administrative regulations did not contain mandatory language limiting official discretion.
• Austern v. The Chicago Bd. Options Exch., Inc.
  898 F.2d 882· 2d Cir.· 1990-03-15 ·cited 12×
  A commercial organization sponsoring a contractually agreed upon arbitration is immune from civil liability for improperly noticing the arbitration hearing and improperly selecting the arbitration panel, as these acts are integrally related to the arbitral process.
• Stone v. R.G. Godbehere
  894 F.2d 1131· 9th Cir.· 1990-02-01 ·cited 12×
  The court held that the Arizona statute and injunction were not unconstitutionally vague and did not violate due process, but that the amended sentencing order violated double jeopardy principles under Arizona law.
• Christian v. Delzinna S. Belcher
  888 F.2d 410· 6th Cir.· 1989-10-23 ·cited 12×
  The court held that the magistrates were entitled to summary judgment on the First Amendment claim because Kentucky law did not grant them authority to reappoint the plaintiff, but the new Judge Executive, Belcher, was not entitled to summary judgment as genuine issues of materia
• Daley v. Rubin Webb
  885 F.2d 486· 8th Cir.· 1989-09-25 ·cited 12×
  The court affirmed the district court's judgment, holding that the plaintiff's claims were not properly preserved for appeal.
• Bryant v. State
  546 So. 2d 762· Fla. 5th DCA· 1989-07-13 ·cited 12×
  The court held that the enhancement of felony convictions was error, but the imposition of costs was proper as notice was given.
• Rodgers v. C.E. Thomas
  879 F.2d 380· 8th Cir.· 1989-07-13 ·cited 12×
  The court held that the plaintiff presented insufficient evidence to support claims of procedural due process violations and cruel and unusual punishment.
• Petru v. City OF Berwyn
  872 F.2d 1359· 7th Cir.· 1989-05-01 ·cited 12×
  The court held that a plaintiff's expectation of appointment to a public employment position, based on an eligibility list and past hiring practices, does not constitute a constitutionally protected property interest. Furthermore, the court held that an appeal from an order deny
• Sydell R. Kraft v. Jacka
  872 F.2d 862· 9th Cir.· 1989-04-12 ·cited 12×
  The Board's denial of a gaming license was permissible, as it was based on concerns about effective control of the business by an unsuitable individual, not solely on an individual's personal relationship.
• Runge v. Dove
  857 F.2d 469· 8th Cir.· 1988-09-19 ·cited 12×
  The denial of a summary judgment motion based on qualified immunity is an immediately appealable collateral order, and the defendants were not entitled to qualified immunity because the right to procedural due process, including an opportunity to explain one's side of the story a
• Mujahid Farid v. Smith
  850 F.2d 917· 2d Cir.· 1988-06-22 ·cited 12×
  A prior state court judgment precludes claims for declaratory or equitable relief and relitigation of policy constitutionality, but not claims for damages where the state court lacked jurisdiction to award them.
• Robert Doyle, M.D. v. Sec'y OF Health & Human Servs.
  848 F.2d 296· 1st Cir.· 1988-06-03 ·cited 12×
  The court held that a doctor must exhaust administrative remedies before seeking judicial review of a Medicare sanction, and that the statute and procedures used were constitutional.
• Cnty. Line Joint Venture v. The City OF Grand Prairie
  839 F.2d 1142· 5th Cir.· 1988-03-18 ·cited 12×
  The court held that the City's enactment of a zoning ordinance terminating specific use permits upon six months of non-use was a legislative act, and thus did not violate procedural due process rights. However, other federal and state claims were not addressed by the lower court
• Kerr Ctr. Parents Assoc. v. Charles
  842 F.2d 1052· 9th Cir.· 1988-03-09 ·cited 12×
  The court held that the Eleventh Amendment bars suits against the state unless it has waived immunity or Congress has abrogated it, and that the EAHCA did not abrogate immunity. The court also held that exhaustion of administrative remedies was not required under the circumstance
• Farrish v. Miss. State Parole Bd.
  836 F.2d 969· 5th Cir.· 1988-02-05 ·cited 12×
  Officials who conducted a preliminary parole revocation hearing are absolutely immune from damages, but the Commissioner of Corrections is only entitled to qualified immunity for failing to establish adequate procedures.
• Palm Beach Cnty. v. Tinnerman
  517 So. 2d 699· Fla. 4th DCA· 1987-11-25 ·cited 12×
  Palm Beach County sought certiorari review of an order that reversed the County's denial of a rezoning and special exception application and directed the zoning authority to grant it. The court held that the lower tribunal departed from the essential requirements of law by both a
• Jai K. Varandani v. Bowen
  824 F.2d 307· 4th Cir.· 1987-07-28 ·cited 12×
  The court held that a physician is not entitled to a formal, pre-suspension evidentiary hearing before being suspended from Medicare reimbursement, and the statute and regulations are not unconstitutionally vague.
• United States v. DON B. Hart Equity Pure Tr.
  818 F.2d 1246· 5th Cir.· 1987-06-16 ·cited 12×
  The court held that due process does not require the SBA to provide borrowers with actual written notice of deferral programs or an opportunity to be heard before accelerating a loan, as borrowers are charged with knowledge of federal regulations. The court also found the SBA's d
• Saenz v. Young
  811 F.2d 1172· 7th Cir.· 1987-02-19 ·cited 12×
  A prison disciplinary committee's brief statement of the evidentiary basis for its decision is constitutionally adequate if the reasoning process is plain and the evidence is straightforward.
• DiMASSIMO v. City OF Clearwater
  805 F.2d 1536· 11th Cir.· 1986-12-19 ·cited 12×
  The court held that tenants have a protectable property interest in continued utility service under Florida law, requiring pre-termination notice from the City to prevent constructive eviction, but rejected claims for substantive due process and equal protection violations.
• In the Interest of P.A.D.
  498 So. 2d 1342· Fla. 1st DCA· 1986-12-10 ·cited 12×
  The Department of Health and Rehabilitative Services appealed the trial court's denial of three petitions to permanently sever parental rights based solely on parents' failure to comply with performance agreements. The court affirmed the dismissal and held that Florida's statute