Procedural Due Process

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

• Peterman v. Gerry Coleman
  764 F.2d 1416· 11th Cir.· 1985-07-09 ·cited 11×
  A county ordinance requiring second-hand dealers to hold items for five days and maintain transaction records does not violate the Fifth, Fourteenth, or Fourth Amendments, nor the Commerce Clause or Supremacy Clause.
• Dirt, Inc. v. Mobile Cnty. Comm'n
  739 F.2d 1562· 11th Cir.· 1984-08-27 ·cited 11×
  The court held that while the Act itself is facially valid, the county's administration of the Act violated appellants' procedural due process rights by failing to provide adequate notice of the permit denial hearing. However, claims of unconstitutional taking and vagueness were
• Jones v. Bd. OF Comm'rs OF the Ala. State BAR
  737 F.2d 996· 11th Cir.· 1984-07-30 ·cited 11×
  The court held that the limited right of review for an Alabama Bar applicant who has failed the examination five times, combined with the five-time limitation on taking the bar examination, violates due process.
• Josiah Henson v. The Honor Comm. OF U. VA.
  719 F.2d 69· 4th Cir.· 1983-10-05 ·cited 11×
  The court held that the University of Virginia's Honor Code procedures, while not identical to judicial proceedings, provided constitutionally sufficient due process protections for the student facing disciplinary charges.
• Bennett v. Bd. OF Cnty. Comm'rs OF Sarasota Cnty.
  426 So. 2d 1260· Fla. 2d DCA· 1983-02-11 ·cited 11×
• Bullard v. Honorable G. Kendall Sharp
  407 So. 2d 1023· Fla. 4th DCA· 1981-12-23 ·cited 11×
  The Florida Fourth District Court of Appeal granted a writ of certiorari compelling a trial court to approve a settlement involving minor plaintiffs. The court held that the trial judge's stated reason for disapproval—that the settlement amount was excessively generous—was not a
• Woodard v. Marsh
  658 F.2d 989· 5th Cir.· 1981-09-15 ·cited 11×
  The court held that the plaintiff's equal protection claim regarding his discharge from the Army Reserve was not reviewable due to the significant interference it would cause with military functions and expertise. The court also found no genuine issue of material fact regarding t
• Coffman v. Bolger
  590 F.2d 1366· 5th Cir.· 1979-03-09 ·cited 11×
  The court held that the administrative decisions leading to the plaintiff's termination were not arbitrary, capricious, or unsupported by substantial evidence, and thus affirmed the summary judgment.
• Drummond v. Fulton Cnty. Dep't OF Fam. & Child's. Servs.
  547 F.2d 835· 5th Cir.· 1977-02-02 ·cited 11×
  The dissenting judge would affirm the district court's decision, holding that a state child placement agency can constitutionally consider race as a factor in determining a child's best interests for adoption.
• McNAIR v. McCUNE
  527 F.2d 874· 4th Cir.· 1975-10-20 ·cited 11×
  Federal habeas corpus jurisdiction exists for a federal prisoner challenging segregated confinement imposed without due process.
• Womer v. Hampton
  496 F.2d 99· 5th Cir.· 1974-06-17 ·cited 11×
  Due process does not require advance notice or specific warnings before federal supervisory officials confront a government employee with allegations of job-related improprieties in an investigatory proceeding.
• Billings v. City OF Orlando
  287 So. 2d 316· Fla.· 1973-12-19 ·cited 11×
  Police officers who accepted employment under a special act providing a 50% refund of pension contributions are estopped from challenging the constitutionality of that provision.
• French v. Emmett W. Bashful
  425 F.2d 182· 5th Cir.· 1970-03-23 ·cited 11×
• S. Grand View Dev. Co., Inc. v. City of Alabaster
  1 F.4th 1299· 11th Cir.· 2021-06-21 ·cited 10×
  South Grande View Development Company purchased 547 acres of land in Alabaster, Alabama, planning to develop it according to an approved master plan that zoned most of the final phase (Sector 16) for R-4 garden homes and R-7 townhomes, but the city rezoned Sector 16 to R-2 single
• K.M. v. State of Fla. & Daryl Wolfe
  962 So. 2d 969· Fla. 4th DCA· 2007-07-25 ·cited 10×
  The court held that the trial court reversibly erred in holding a juvenile in indirect criminal contempt without a valid court order and without following required procedural due process.
• Octavia LEE v. State
  956 So. 2d 1292· Fla. 4th DCA· 2007-06-06 ·cited 10×
  Court granted habeas corpus petition and quashed bond forfeiture order because trial court failed to make required findings that defendant's failures to appear were willful before denying bond reinstatement.
• Cole v. State
  932 So. 2d 1123· Fla. 4th DCA· 2006-06-14 ·cited 10×
  The court held that drug offender probation conditions requiring financial responsibility for drug testing, drug treatment, and curfew compliance were special conditions that must be orally pronounced at sentencing.
• Yodelmis Vazquez v. Wendy's and Ace-Usa
  931 So. 2d 152· Fla. 1st DCA· 2006-05-11 ·cited 10×
• State v. Roxie Lynn Hanna
  901 So. 2d 201· Fla. 5th DCA· 2005-03-24 ·cited 10×
  Florida appeals the dismissal of four counts charging Roxie Lynn Hanna with operating an unlicensed adult bookstore under Orange County's Adult Entertainment Code. The court reversed, holding that the Code's definition of 'adult bookstore' is not unconstitutionally vague and that
• Schiavo Ex Rel. Schindler v. Schiavo
  357 F. Supp. 2d 1378· M.D. Fla.· 2005-03-22 ·cited 10×
  The court denied the motion for a temporary restraining order because the plaintiffs failed to establish a substantial likelihood of success on the merits of their claims.
• Riverland & Indian SUN L.C. v. L.J. Melody & Co.
  879 So. 2d 1271· Fla. 3d DCA· 2004-08-11 ·cited 10×
  The court held that a temporary injunction impressing a constructive trust was improper because there was no existing res (trust property) upon which to impose it, and an adequate remedy at law likely existed.
• Doren M. Ganiko v. Willa C. Ganiko
  826 So. 2d 391· Fla. 1st DCA· 2002-07-23 ·cited 10×
  A Florida appellate court reversed the denial of a motion to dismiss for lack of personal jurisdiction over a non-resident Texas defendant who allegedly borrowed money from a Florida resident and agreed to repay it in Florida. The court held that the circuit court erred by failin
• Maple Manor, Inc. v. City OF Sarasota
  813 So. 2d 204· Fla. 2d DCA· 2002-04-03 ·cited 10×
  Maple Manor challenged a $5,000 fine imposed by the City of Sarasota's Nuisance Abatement Board for drug-related activity at its apartment complex. The Florida District Court of Appeal reversed the circuit court's denial of certiorari relief, finding that Maple Manor was denied p
• Citrus Cnty. v. Fla. Rock Indus., Inc.
  726 So. 2d 383· Fla. 5th DCA· 1999-02-12 ·cited 10×
  Citrus County appeals a circuit court's decision that quashed the Department of Development Services' order denying Florida Rock Industries' vested rights application for certain mining sites. The appellate court reversed, holding that the circuit court improperly applied an appe
• Educ. Dev. Ctr., Inc. v. Palm Beach Cnty.
  721 So. 2d 1240· Fla. 4th DCA· 1998-12-23 ·cited 10×
  Petitioners challenged a Palm Beach County rezoning decision for a prison work release facility and homeless shelter through a petition for writ of certiorari. The circuit court dismissed the petition based on lack of jurisdiction under section 163.3215, but the appellate court r
• City OF Miami Beach v. Robbins
  702 So. 2d 1329· Fla. 3d DCA· 1997-12-10 ·cited 10×
  The Florida Third District Court of Appeal affirmed the circuit court's decision quashing Miami Beach's rezoning ordinance as applied to Robbins' property, finding it constituted invalid reverse spot zoning that singled out his property without substantial competent evidence to j
• State v. Wilson
  690 So. 2d 1361· Fla. 2d DCA· 1997-04-02 ·cited 10×
  This is a dissenting opinion arguing that the court should not grant relief in a certiorari proceeding reviewing a circuit court's decision regarding a speedy trial extension, as the circuit court's decision did not constitute a departure from the essential requirements of law.
• Johnson v. Beary
  665 So. 2d 334· Fla. 5th DCA· 1995-12-22 ·cited 10×
  A former law enforcement officer terminated by the Orange County Sheriff claimed unlawful termination under Chapter 89-507, which granted career service status to deputy sheriffs requiring termination only for cause. The court held that while the statute created a constitutionall
• DSA Marine Sales & Serv., Inc. v. Cnty. OF Manatee
  661 So. 2d 907· Fla. 2d DCA· 1995-10-13 ·cited 10×
  DSA Marine Sales & Service sought certiorari review of a Manatee County Board decision denying their zoning change application for a marina development. The circuit court summarily denied their certiorari petition without allowing time to complete the record appendix, and this co
• State v. Ginn
  660 So. 2d 1118· Fla. 4th DCA· 1995-08-30 ·cited 10×
  The court held that the vehicle impoundment provision of section 316.193(6)(d), Florida Statutes, is constitutional and does not violate due process or equal protection clauses.
• Goeke v. Branch
  514 U.S. 115· U.S.· 1995-03-20 ·cited 10×
  The Supreme Court held that the Eighth Circuit erred in applying a new constitutional rule to a state prisoner's habeas petition when the State had raised the Teague v. Lane bar, which prevents the retroactive application of new rules in federal habeas cases.
• Inquiry Concerning a Judge
  644 So. 2d 75· Fla.· 1994-10-13 ·cited 10×
  The Florida Supreme Court reviewed the Judicial Qualifications Commission's recommendation to remove County Judge Edward Miller from office for judicial misconduct. The Court found that while Miller's conduct was serious, it did not warrant removal; instead, a public reprimand wa
• Jenkins v. State
  618 So. 2d 749· Fla. 1st DCA· 1993-04-27 ·cited 10×
  Jenkins challenges her separation from state career service for job abandonment after failing to report to work for three days following her father's murder. The First District Court of Appeal reversed the Department of Administration's abandonment determination, holding that inv
• Casey v. State
  604 So. 2d 1281· Fla. 5th DCA· 1992-09-11 ·cited 10×
  Charles Lamont Casey, an incarcerated inmate, appealed the trial court's denial of his petition to change his name to Shabazz Abdul Malik. The court reversed, holding that a facially sufficient name-change petition cannot be summarily denied without a hearing and record evidence
• Bartlett v. Colonel C.E. Fisher
  972 F.2d 911· 8th Cir.· 1992-08-13 ·cited 10×
  The court held that the defendants are entitled to qualified immunity on both the procedural due process and First Amendment claims.
• Emerald Acres Invs., Inc. v. The Bd. OF Cnty. Comm'rs OF Leon Cnty.
  601 So. 2d 577· Fla. 1st DCA· 1992-05-18 ·cited 10×
  Emerald Acres Investments sought judicial review of a county planning commission's denial of a subdivision plat application. The court affirmed the dismissal of the petition, holding that the developer failed to comply with the statutory requirement under Florida Statute § 163.32
• Norbert C. Pearson v. City OF Grand Blanc
  961 F.2d 1211· 6th Cir.· 1992-03-10 ·cited 10×
  The Sixth Circuit affirmed the district court's grant of summary judgment, holding that the denial of a zoning change application was not arbitrary and capricious under substantive due process, as it was rationally related to legitimate zoning concerns like traffic and over-comme
• MacEne v. MJW, Inc.
  951 F.2d 700· 6th Cir.· 1991-12-12 ·cited 10×
  A plaintiff claiming a taking without just compensation must first utilize available state inverse condemnation procedures. A procedural due process claim challenging established state procedures does not require pleading inadequacy of state remedies if the procedures themselves
• Flores v. Meese
  942 F.2d 1352· 9th Cir.· 1991-08-09 ·cited 10×
  The INS policy of incarcerating children pending deportation hearings, rather than releasing them to responsible non-relative adults, flagrantly violates due process.
• Clark A. Bailey v. Gardebring
  940 F.2d 1150· 8th Cir.· 1991-07-26 ·cited 10×
  The dissent argues that the new Minnesota parole regulations constitute a law for ex post facto purposes because they are binding on the agency and lack discretion, unlike federal guidelines. The dissent would find the regulations violate the ex post facto clause.
• Smith v. Mass. Dep't OF Corr.
  936 F.2d 1390· 1st Cir.· 1991-06-25 ·cited 10×
  The court held that the district court erred in granting summary judgment on claims related to the denial of a prisoner's request to call a witness and for discovery, as prison officials failed to provide reasons for the denial. However, the court affirmed dismissal of other clai
• Buckley Constr., Inc. v. Shawnee Civic & Cultural Dev. Auth.
  933 F.2d 853· 10th Cir.· 1991-05-14 ·cited 10×
  The court held that the plaintiff's antitrust claims were barred by state action immunity and that the plaintiff failed to state a claim for procedural due process or equal protection violations under § 1983.
• Knowlton Merritt v. MacKey
  932 F.2d 1317· 9th Cir.· 1991-05-08 ·cited 10×
  The court held that the prior panel's decision on qualified immunity was the law of the case, the damages awarded were not clearly erroneous, and Mackey was liable for attorney's fees under § 1988 due to joint action with a state official, but the multiplier for attorney's fees w
• Unger v. Nat'l Residents Matching Program
  928 F.2d 1392· 3d Cir.· 1991-04-02 ·cited 10×
  The court held that a plaintiff cannot establish a due process claim based on a contract without alleging a breach of that contract.
• Winter v. Cerro Gordo Cnty. Conservation Bd.
  925 F.2d 1069· 8th Cir.· 1991-01-09 ·cited 10×
  The court held that the discharged employee had a property interest in his job under Iowa law and was denied procedural due process, but remanded for recalculation of prejudgment interest.
• G.M. Eng'rs & Assocs., Inc. v. W. Bloomfield Twp.
  922 F.2d 328· 6th Cir.· 1990-12-27 ·cited 10×
  The court held that the plaintiff failed to state a claim for a taking without just compensation because they did not exhaust adequate state remedies, and failed to state a procedural due process claim because the alleged deprivation was a random and unauthorized act for which st
• In re Sch. Asbestos Litig. Sch. Dist. OF Lancaster v. Lake Asbestos OF Quebec, Ltd.
  921 F.2d 1330· 3d Cir.· 1990-12-13 ·cited 10×
  Non-settling defendants lack standing to challenge a settlement agreement if the agreement itself does not preclude their rights to indemnification or contribution, or otherwise affect their legal rights.
• Bradley v. Pittsburgh Bd. OF Educ.
  913 F.2d 1064· 3d Cir.· 1990-09-05 ·cited 10×
  The court held that the district court erred in granting summary judgment sua sponte after motions in limine without proper notice and opportunity for the plaintiff to present evidence. It also held that the plaintiff's federal claims were not barred by claim preclusion due to a
• Zambrano v. City OF Tustin
  885 F.2d 1473· 9th Cir.· 1989-09-21 ·cited 10×
  The court held that sanctions for mere negligence in failing to join the district court bar are improper, and attorneys' fees can only be awarded for bad faith or willful disobedience.
• Leeroy B. Bostic, Jr. v. Carlson
  884 F.2d 1267· 9th Cir.· 1989-09-07 ·cited 10×
  The court held that the district court's dismissals of the habeas corpus petitions were proper because the appellant failed to demonstrate a denial of due process or present sufficient facts to support his claims.