Procedural Due Process

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

• Skidmore v. Shamrock Indep. Sch. Dist.
  464 F.2d 605· 5th Cir.· 1972-07-27 ·cited 12×
  The court held that the plaintiff's subjective expectancy of reemployment, without tenure or a contractual equivalent, did not establish a constitutionally protected interest sufficient to state a claim for due process violation.
• Lebowitz v. Forbes Leasing & Fin. Corp. (a
  456 F.2d 979· 3d Cir.· 1972-02-24 ·cited 12×
  Pennsylvania's foreign attachment procedures are not unconstitutional as applied to a nonresident defendant before their general appearance, even if alternative long-arm jurisdiction exists.
• Benita Garvin v. Rosenau
  455 F.2d 233· 6th Cir.· 1972-02-07 ·cited 12×
  The court held that the district court erred in abstaining from hearing a First Amendment claim concerning student group recognition, as abstention is only appropriate in narrowly limited circumstances not present here. The court also held the federal question presented was subst
• Robinson v. Grier Davis
  447 F.2d 753· 4th Cir.· 1971-09-08 ·cited 12×
  The court held that the college's actions in a narcotics investigation, due to its entanglement with municipal services, constituted state action subject to the Fourteenth Amendment's due process clause.
• United States ex rel. Warren Lee Taylor v. Major Edward W. Fritz
  446 F.2d 36· 8th Cir.· 1971-08-09 ·cited 12×
  The court held that a registrant must exhaust administrative remedies regarding their Selective Service classification before seeking judicial review via habeas corpus, even if challenging medical acceptability.
• Gfell v. Rickelman
  441 F.2d 444· 6th Cir.· 1971-04-07 ·cited 12×
  A high school's hair length regulation does not deprive students of constitutional rights and is permissible if rationally related to the school's educational purposes.
• Bell v. Tsintolas Realty Co.
  430 F.2d 474· D.C. Cir.· 1970-06-18 ·cited 12×
  The court held that while a court may order tenants to pay future rent into a registry during litigation, this equitable remedy should be used sparingly, only upon landlord motion, after notice and hearing, and typically only for future rent, not back rent.
• Surprise Brassiere Co., Inc. v. Fed. Trade Comm'n
  406 F.2d 711· 5th Cir.· 1969-01-29 ·cited 12×
  The court held that the Federal Trade Commission's cease and desist order was supported by substantial evidence and applicable law, and that the petitioner failed to establish a valid defense under § 2(b) of the Clayton Act.
• Nelloms v. United States
  399 F.2d 295· 5th Cir.· 1968-06-27 ·cited 12×
  The court held that the denial of conscientious objector status was not arbitrary or contrary to law, and affirmed the conviction.
• Application of Robert Joly and Julien Warnant
  376 F.2d 906· C.C.P.A.· 1967-03-16 ·cited 12×
• Kretchet v. United States
  284 F.2d 561· 9th Cir.· 1960-12-01 ·cited 12×
  The court should affirm the decision because the registrant's refusal to disavow carnal weapons raises a sincerity issue not present in Sicurella.
• United States ex rel. Charles Westbrook v. Randolph
  259 F.2d 215· 7th Cir.· 1958-07-08 ·cited 12×
  The concurring judge agrees with the reversal and remand of the district court's order but disagrees with the reasoning regarding the availability of a bystander's bill of exceptions.
• Hsuan WEI v. Robinson
  246 F.2d 739· 7th Cir.· 1957-06-28 ·cited 12×
  An alien admitted for specific training as a foreign official must maintain that status; failure to do so, including refusing to depart as ordered, subjects them to deportation, and the savings clause of the 1952 Act does not preserve a right to ignore status requirements.
• Vern George Davidson v. United States
  218 F.2d 609· 9th Cir.· 1954-12-27 ·cited 12×
  The court held that the registrant was not entitled to a second hearing before the Department of Justice on his second appeal, as he had not presented new evidence and his claim was not based on religious belief.
• Ypparila v. United States
  219 F.2d 465· 10th Cir.· 1954-12-22 ·cited 12×
  The court held that the National Selective Service Appeal Board's failure to provide reasons for its classification, especially when deviating from the Department of Justice's recommendation, constituted a denial of procedural due process.
• United States v. McCRILLIS
  200 F.2d 884· 1st Cir.· 1952-12-24 ·cited 12×
  A landlord defending an enforcement suit has standing to challenge the validity of a rent regulation or order, even if they failed to exhaust administrative remedies, and administrative orders determining maximum rent are invalid if issued retroactively or without proper notice a
• Smith v. United States
  199 F.2d 377· 1st Cir.· 1952-10-29 ·cited 12×
  The court held that a landlord in an enforcement suit under the Housing and Rent Act could challenge the validity of rent control orders, and that summary judgment was not appropriate given the factual disputes and legal complexities.
• In re Aughenbaugh. Appeal of Kunkel
  125 F.2d 887· 3d Cir.· 1942-02-11 ·cited 12×
  The court held that the referee and district court erred by considering evidence not formally presented at the hearing on the exceptions to the priority claim, thus requiring a rehearing.
• Lee v. Atl. Coast Line R.R. Co.
  141 Fla. 545· Fla.· 1940-01-02 ·cited 12×
  The Florida Supreme Court upheld special tax district debt service levies against an interstate railroad's challenge, holding that general ad valorem taxes on railroad property within special districts are not unconstitutional burdens on interstate commerce and that the railroad
• State v. City of Jacksonville
  103 Fla. 177· Fla.· 1931-10-20 ·cited 12×
  Florida Supreme Court reversed the dismissal of a mandamus petition challenging Jacksonville's refusal to issue a building permit for a funeral parlor garage, holding that the zoning ordinance restricting funeral businesses was enacted without compliance with statutory procedural
• Dep't OF Homeland Sec. v. Vijayakumar Thuraissigiam
  140 S. Ct. 1959· U.S.· 2020-06-25 ·cited 11×
  The Supreme Court reversed the Ninth Circuit's decision that IIRIRA's restrictions on habeas review for expedited removal proceedings violate the Suspension Clause and Due Process Clause. The Court held that habeas corpus, as understood in 1789, provided only a means to challenge
• Gulf Eagle, LLC v. Park E. Dev., Ltd.
  196 So. 3d 476· Fla. 2d DCA· 2016-06-29 ·cited 11×
  Gulf Eagle appeals the vacation of a deficiency judgment entered against guarantors of a commercial loan. The trial court initially denied a directed verdict motion and entered judgment, but later vacated it without notice or hearing, finding the personal guarantees were never ad
• State Farm Mut. Auto. Ins. Co. v. Figler Fam. Chiropractic, P.A.
  189 So. 3d 970· Fla. 4th DCA· 2016-03-30 ·cited 11×
  State Farm sought certiorari review of a circuit court decision affirming summary judgment against it in a PIP benefits dispute. The Fourth District Court of Appeal held that Florida Rule of Civil Procedure 1.510(c) requires an adverse party to specifically identify summary judgm
• Morris v. City OF Cape Coral
  163 So. 3d 1174· Fla.· 2015-05-07 ·cited 11×
  The Florida Supreme Court upheld Cape Coral's special assessment for fire protection services against property owners' challenges. The court affirmed the two-tier assessment methodology, finding it was a valid non-ad valorem assessment with a logical relationship to special benef
• Zisser v. Florida Bar
  747 F. Supp. 2d 1303· M.D. Fla.· 2010-03-29 ·cited 11×
  The court held that Zisser's as-applied due process challenge to the Florida Bar's recertification denial was barred by the Rooker-Feldman doctrine, and her facial challenges failed for lack of a cognizable property or liberty interest.
• DND Mail Corp. v. Andgen Props., LLC
  28 So. 3d 111· Fla. 4th DCA· 2010-01-13 ·cited 11×
  The circuit court erred in holding that the trial court lost jurisdiction to sua sponte vacate a default judgment one day after entry while a motion for reconsideration was pending.
• City OF Miami v. Eumelia Cortes and Amado Sabina
  995 So. 2d 604· Fla. 3d DCA· 2008-11-19 ·cited 11×
  The appellate division departed from the essential requirements of law by vacating a final administrative enforcement order and a mitigation order when the enforcement order was not timely appealed and the mitigation order was based on erroneous conclusions regarding due process
• State v. Williams
  937 So. 2d 815· Fla. 1st DCA· 2006-09-18 ·cited 11×
  The circuit court departed from the essential requirements of law by misinterpreting the term 'traffic crash' in section 316.645, Florida Statutes.
• State v. Griffin
  909 So. 2d 538· Fla. 4th DCA· 2005-08-31 ·cited 11×
  The Florida Fourth District Court of Appeal addressed whether using non-lawyer hearing officers in driver's license suspension proceedings violates due process rights. While holding that non-lawyer hearing officers are constitutional, the court vacated Griffin's suspension becaus
• Chuck v. City OF Homestead Police Dep't & Vill. of Pinecrest
  888 So. 2d 736· Fla. 3d DCA· 2004-12-15 ·cited 11×
  The Florida Third District Court of Appeal en banc held that claimants in civil forfeiture proceedings who file sworn affidavits claiming ownership of seized currency, provide uncontradicted testimony, and never disavow ownership have sufficient standing to proceed at the prelimi
• Swindle v. State
  919 So. 2d 462· Fla. 3d DCA· 2004-09-09 ·cited 11×
• Barrett v. State
  862 So. 2d 44· Fla. 2d DCA· 2003-09-26 ·cited 11×
  Peter Barrett appeals his first-degree murder conviction, challenging the constitutionality of Florida Statute § 775.051, which eliminates voluntary intoxication as a defense to criminal charges. The Second District Court of Appeal affirms the conviction, holding that the statute
• Heath v. State
  840 So. 2d 307· Fla. 2d DCA· 2003-02-07 ·cited 11×
  Four petitioners sought a writ of certiorari challenging circuit court orders that upheld county court convictions based on 'snapout' documents (memoranda of sentence) instead of formal sentence records. The appellate court denied the petitions, holding that while expressing conc
• Cook v. City OF Winter Haven Police Dep't
  837 So. 2d 492· Fla. 2d DCA· 2003-01-08 ·cited 11×
  The court held that it is an abuse of discretion to dismiss a petition for writ of certiorari without ruling on a motion to amend, especially when the record is subsequently filed.
• D.W.G. v. Dep't of Child. & Families
  833 So. 2d 238· Fla. 4th DCA· 2002-12-26 ·cited 11×
  A father appeals an order adjudicating his two minor sons dependent based on findings of sexual abuse of one child and domestic violence harmful to both children. The appellate court affirms, rejecting the father's claims of procedural due process violations, evidentiary errors,
• Parker v. State
  780 So. 2d 210· Fla. 4th DCA· 2001-02-07 ·cited 11×
  Thomas Parker challenges the revocation of his pretrial release and detention under Florida Statute § 903.0471, which allows courts to revoke pretrial release and order detention upon finding probable cause that a defendant committed a new crime while on release. The Fourth Distr
• Miami-Dade Cnty. v. Walberg
  739 So. 2d 115· Fla. 3d DCA· 1999-06-30 ·cited 11×
  This case involves a dissenting opinion regarding the denial of a property owner's application to rezone their land from a five-acre estate district to a one-acre estate district.
• The City OF ST. Petersburg v. Marelli
  728 So. 2d 1197· Fla. 2d DCA· 1999-03-12 ·cited 11×
  The Board of Adjustment of St. Petersburg sought certiorari review of a circuit court decision that had granted certiorari and invalidated a parking variance granted to Compro Corporation for a laundromat and restaurant. The appellate court affirmed the circuit court's decision,
• State v. Presidential Women's Ctr.
  707 So. 2d 1145· Fla. 4th DCA· 1998-02-18 ·cited 11×
  Florida abortion clinics challenged the constitutionality of the 1997 Women's Right to Know Act under both federal and state constitutions. The trial court temporarily enjoined enforcement of the law, and the appellate court affirmed, finding the clinics had established a substan
• Metro. Dade Cnty. v. P.J. Birds, Inc.
  654 So. 2d 170· Fla. 3d DCA· 1995-04-12 ·cited 11×
  Metropolitan Dade County seeks to uphold the Historic Preservation Board's designation of Parrot Jungle as a historic site. The Florida District Court of Appeal reverses the circuit court's decision that invalidated the designation, holding that the Board properly applied the ord
• Domegan v. Ponte
  972 F.2d 401· 1st Cir.· 1992-08-10 ·cited 11×
• Schroeder v. City OF Chicago
  927 F.2d 957· 7th Cir.· 1991-03-13 ·cited 11×
  A delay in receiving disability benefits, even if caused by malicious conduct, does not constitute a deprivation of property without due process of law under 42 U.S.C. § 1983, nor does it violate the Rehabilitation Act of 1973.
• Finkelstein v. Bergna
  881 F.2d 702· 9th Cir.· 1989-08-02 ·cited 11×
  The court held that the defendant was not entitled to qualified immunity on the plaintiff's First Amendment claim, nor on his procedural due process claims regarding property and liberty interests, because the law was clearly established at the time of the alleged violations.
• Anatol Kozlowski v. Coughlin
  871 F.2d 241· 2d Cir.· 1989-03-17 ·cited 11×
• Ellard v. Ala. Bd. OF Pardons & Paroles
  824 F.2d 937· 11th Cir.· 1987-08-19 ·cited 11×
  A prisoner paroled directly into the custody of another state possesses a constitutionally protected liberty interest in that parole grant, which cannot be revoked without due process.
• Brower v. Cnty. OF Inyo
  817 F.2d 540· 9th Cir.· 1987-05-15 ·cited 11×
  The court held that a police roadblock used to apprehend a fleeing suspect constitutes a seizure under the Fourth Amendment, and the reasonableness of such a seizure, particularly when deadly force is involved, requires factual inquiry into whether adequate warning was given.
• Morello v. James
  810 F.2d 344· 2d Cir.· 1987-01-26 ·cited 11×
  The court held that a prisoner's claim of intentional obstruction of access to the courts, a substantive constitutional right, is actionable under 42 U.S.C. § 1983 and not barred by the Parratt v. Taylor rule, even if a state remedy exists.
• Simmons v. Dickhaut
  804 F.2d 182· 1st Cir.· 1986-11-06 ·cited 11×
  The court held that an allegation of intentional deprivation of the right of access to the courts, stemming from the confiscation of legal materials, states a cause of action under § 1983 and is not precluded by the Parratt analysis.
• Zinita P. Fowler v. Carrollton Pub. Library & City of Carrollton
  799 F.2d 976· 5th Cir.· 1986-09-12 ·cited 11×
  The court held that a constructive discharge claim under § 1983 requires proof that the employer intended to force the employee's resignation to avoid a pretermination hearing, and that damages for mental anguish and physical pain cannot be awarded separately in a procedural due
• The Valley Line Co. v. Ryan
  771 F.2d 366· 8th Cir.· 1985-08-21 ·cited 11×
  The court held that the district court erred by determining the liability for Ryan's injury, as this deprived him of his right to a jury trial, and that the district court abused its discretion by reinstating the injunction against Ryan's state court proceeding.