Procedural Due Process

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

• In the Interest of A.B. v. R.B.
  186 So. 3d 544· Fla. 2d DCA· 2015-03-06 ·cited 9×
  A father appeals a final judgment for protection against sexual violence issued in a domestic violence injunction proceeding. The appellate court reversed, finding that the trial court erred by relying on a videotaped forensic interview of the fourteen-year-old alleged victim wit
• Bull Motors, LLC. v. Brown
  152 So. 3d 32· Fla. 3d DCA· 2014-11-05 ·cited 9×
  The court held that a permanent mandatory injunction was improperly entered without an evidentiary hearing and was overly broad, exceeding the scope of relief sought.
• Dep't of Hwy. Safety & Motor Vehicles v. Suann Ivey
  73 So. 3d 877· Fla. 5th DCA· 2011-11-10 ·cited 9×
  The Florida Department of Highway Safety and Motor Vehicles sought certiorari review of a circuit court decision that had reinstated Suann Ivey's suspended driving privileges. The circuit court reversed the suspension, finding the initial traffic stop lacked probable cause or rea
• MRI Assocs. OF Am. v. State Farm Fire & Cas. Co.
  61 So. 3d 462· Fla. 4th DCA· 2011-05-04 ·cited 9×
  MRI Associates sought unpaid PIP insurance benefits from State Farm for two MRI scans performed on an insured patient. The district court affirmed the circuit court's reversal of the county court's judgment in favor of MRI Associates, holding that the pre-suit demand letter was s
• Achord v. Osceola Farms Co.
  52 So. 3d 699· Fla. 4th DCA· 2010-09-01 ·cited 9×
  Jamaican sugar cane workers sought second-tier certiorari review of a circuit court decision affirming dismissal of their breach of contract action because they failed to post a $100 non-resident bond required by Florida Statutes section 57.011. The Florida Fourth District Court
• Bennett v. State
  23 So. 3d 782· Fla. 2d DCA· 2009-11-25 ·cited 9×
  Bennett seeks certiorari review of a circuit court decision reversing a county court's dismissal of a DUI charge due to loss of a video recording of a field sobriety test. The court affirmed the circuit court's reversal, holding it did not depart from the essential requirements o
• Pete's Towing Co. v. City of Tampa
  648 F. Supp. 2d 1276· M.D. Fla.· 2009-08-13 ·cited 9×
  The court adopted the magistrate judge's report and recommendation, granting summary judgment for the defendants and denying the plaintiff's objections.
• Pharmcore, Inc. v. City OF Hallandale Beach
  946 So. 2d 550· Fla. 4th DCA· 2006-10-25 ·cited 9×
  The court held that second-tier certiorari review is not available to re-examine the circuit court's application of the correct law to the facts, as long as the circuit court applied the correct legal standard.
• Blaylock v. Zeller
  932 So. 2d 479· Fla. 5th DCA· 2006-06-09 ·cited 9×
  Blaylock appeals a final injunction for protection against repeat violence issued under Florida's repeat violence statute. The court affirms the injunction but strikes the firearms prohibition as unsupported by the evidence and conceded error by the appellee.
• Bryon D. Park v. City OF W. Melbourne
  927 So. 2d 5· Fla. 5th DCA· 2006-02-17 ·cited 9×
  Police officer Park was discharged for dishonesty following an investigation into his involvement with a psychic hotline call made from a police department phone. After the hearing officer ordered his reinstatement with back pay, the City challenged the ruling. The appellate cour
• State v. Pipkin
  927 So. 2d 901· Fla. 3d DCA· 2005-11-09 ·cited 9×
  The Florida Supreme Court affirmed a circuit court decision that an off-duty police officer lacked jurisdiction to stop a driver for a routine traffic violation outside his city limits, rendering the stop illegal and invalidating the subsequent DUI investigation and license suspe
• Burch v. City OF Lakeland
  891 So. 2d 654· Fla. 2d DCA· 2005-02-02 ·cited 9×
  Glenn Burch appeals a summary judgment forfeiting his vehicle under Florida's Contraband Forfeiture Act after drugs were discovered in it. The court reverses, holding that Burch was denied due process by being unable to appear or be heard at the summary judgment hearing, as the t
• Seminole Ent., Inc. v. City OF Casselberry
  866 So. 2d 1242· Fla. 5th DCA· 2004-01-30 ·cited 9×
  A declaratory judgment action is the proper vehicle for facial constitutional challenges to an ordinance, and res judicata does not bar claims not previously litigated, even if related to the same ordinance.
• Ortega v. United Auto. Ins. Co.
  847 So. 2d 994· Fla. 3d DCA· 2003-03-26 ·cited 9×
  Ortega sought PIP benefits for injuries from an automobile accident, but the insurer suspended benefits and obtained a directed verdict in County Court by arguing Ortega failed to prove his medical providers were licensed. The District Court of Appeal reversed, holding that the s
• City of Cuyahoga Falls v. Buckeye Cmty. Hope Found.
  538 U.S. 188· U.S.· 2003-03-25 ·cited 9×
  Arbitrary government action, even if proven, does not establish a substantive due process violation unless it infringes a fundamental liberty interest.
• The City OF Pompano Beach v. Yardarm Rest., Inc.
  834 So. 2d 861· Fla. 4th DCA· 2002-10-09 ·cited 9×
  This is an appeal of a trial court judgment finding the City of Pompano Beach liable for violating Yardarm Restaurant's substantive and procedural due process rights under 42 U.S.C. § 1983 by obstructing and delaying the issuance of building permits for a hotel and marina develop
• Abram Jordan v. State
  760 So. 2d 973· Fla. 2d DCA· 2000-05-10 ·cited 9×
  Abram Jordan appealed the trial court's order striking his third motion to correct an illegal sentence without addressing the merits of his claims. The appellate court reversed, holding that a trial court must evaluate the substantive merits of postconviction claims and provide n
• City OF Tallahassee v. Kovach
  733 So. 2d 576· Fla. 1st DCA· 1999-05-19 ·cited 9×
  The City of Tallahassee appeals a trial court's grant of certiorari and mandamus relief to property owners challenging the city's annexation of nearby land. The appellate court reverses, holding that the Kovachs lack statutory standing to challenge the annexation because they do
• City OF Dania v. Fla. Power & Light
  718 So. 2d 813· Fla. 4th DCA· 1998-01-21 ·cited 9×
  The City of Dania challenged a circuit court's decision that quashed the City's denial of Florida Power & Light's petition for a special zoning exception to build an electrical substation in a commercial zone adjacent to residential property. The appellate court held that the cir
• Young v. Harper
  520 U.S. 143· U.S.· 1997-03-18 ·cited 9×
  A state program that conditionally releases inmates before sentence expiration, allowing them to live in the community under supervision, is sufficiently like parole to entitle participants to due process protections before removal.
• Sullivan Props., Inc. v. City of Winter Springs
  899 F. Supp. 587· M.D. Fla.· 1995-09-25 ·cited 9×
  The court held that the plaintiff's complaint adequately alleged violations of equal protection and procedural due process rights, and therefore the motion to dismiss was denied.
• Shango (Cleve Heidelberg v. Jurich
  965 F.2d 289· 7th Cir.· 1992-06-02 ·cited 9×
  The court held that Stateville's law library and legal-assistance program provide constitutionally adequate access to the courts, and that $1.00 is the appropriate remedy for the violation of Shango's procedural due-process rights in a 1980 disciplinary hearing.
• Darnell v. Col. John H. Ford
  903 F.2d 556· 8th Cir.· 1990-05-11 ·cited 9×
  The court held that while Darnell's First Amendment rights were violated, the district court erred in reinstating the full $400,000 damage award; Darnell should be reinstated as a troop commander.
• Reich v. Beharry
  883 F.2d 239· 3d Cir.· 1989-08-24 ·cited 9×
  The court held that a claim for delayed payment of professional services, even if stemming from a contract with a government entity, does not implicate substantive due process, and adequate state remedies exist for procedural due process claims.
• Small Engine Shop, Inc. v. Concetta Cangelosi Cascio
  878 F.2d 883· 5th Cir.· 1989-08-04 ·cited 9×
  The court held that Louisiana Revised Statute § 13:3886, as interpreted by the district court to be the sole mechanism for actual notice in foreclosure actions, violates the Due Process Clause by impermissibly shifting the entire burden of ensuring notice to the property owner.
• Hodge v. The Dep't OF Hous. & Urban Dev.
  862 F.2d 859· 11th Cir.· 1989-01-04 ·cited 9×
  The court held that a district court must conduct an evidentiary hearing before modifying a consent decree and that the standard for modification depends on whether the decree involves supervision of changing conditions.
• Hicks v. Feeney
  850 F.2d 152· 3d Cir.· 1988-06-22 ·cited 9×
  The court held that dismissal was an excessive sanction, and an order precluding the plaintiff from establishing actual and punitive damages would have been more appropriate.
• Murphy v. Mo. Dep't OF Corr.
  814 F.2d 1252· 8th Cir.· 1987-03-19 ·cited 9×
  A total ban on inmate mail from an organization, even one espousing white supremacy, is an unconstitutional restriction on free speech and religious exercise if less restrictive means are available to ensure prison security. Furthermore, the failure to follow established procedur
• Junior Wilnon Byrd v. Stewart
  811 F.2d 554· 11th Cir.· 1987-02-26 ·cited 9×
  The court held that a pro se plaintiff's complaint alleging unlawful search and seizure by state officers acting under color of state law states a claim under 42 U.S.C. § 1983.
• Burch v. Apalachee Cmty. Mental Health Servs., Inc.
  804 F.2d 1549· 11th Cir.· 1986-12-03 ·cited 9×
  The court held that Florida's post-deprivation remedies were sufficient to satisfy due process requirements for alleged deprivations of liberty, precluding a Section 1983 action.
• Victorian v. Miller
  796 F.2d 94· 5th Cir.· 1986-08-04 ·cited 9×
  The court held that while a prior panel decision forecloses claims based on violations of the Food Stamp Act, constitutional claims for due process and equal protection are not barred and must be remanded.
• Kerley Indus., Inc. v. Pima Cnty.
  785 F.2d 1444· 9th Cir.· 1986-04-03 ·cited 9×
  The court held that Kerley Industries suffered no deprivation of property without due process because the Deputy Air Quality Control Officer lacked the authority to revoke its conditional operating permit.
• Shuler v. State
  463 So. 2d 464· Fla. 2d DCA· 1985-02-06 ·cited 9×
  Defendant's conviction for dealing in stolen property is reversed because the trial court failed to establish a valid waiver of jury trial through either written waiver or personal inquiry on the record.
• Charles J. Arndt, Inc. v. City OF Birmingham
  748 F.2d 1486· 11th Cir.· 1984-12-17 ·cited 9×
  The court held that the city's declaration of blight and subsequent actions, including the negotiation of an option to terminate a leasehold interest, did not constitute a taking of property without due process of law under the Fifth and Fourteenth Amendments.
• Eidson v. Pierce
  745 F.2d 453· 7th Cir.· 1984-09-24 ·cited 9×
  Eligible applicants for Section 8 housing do not possess a constitutionally protected property interest or a legitimate claim of entitlement to the housing before a private owner accepts their application.
• Gilmere v. City OF Atlanta
  737 F.2d 894· 11th Cir.· 1984-07-09 ·cited 9×
  The court held that the City of Atlanta could not be held liable under 42 U.S.C. § 1983 for the actions of its police officers absent an official policy or custom, and that the officers' conduct, being random and unauthorized, was remedied by Georgia's post-deprivation tort law,
• Horowitz v. Bd. OF Curators OF the Univ. OF Mo.
  538 F.2d 1317· 8th Cir.· 1976-07-16 ·cited 9×
  The court held that the plaintiff's dismissal from medical school, which stigmatized her and foreclosed future employment and educational opportunities, constituted a deprivation of liberty requiring due process, including a hearing.
• Callahan v. Price
  505 F.2d 83· 5th Cir.· 1974-12-13 ·cited 9×
  The court held that the plaintiff failed to prove his non-renewal was for constitutionally impermissible reasons, affirming the lower court's decision based on factual findings.
• Buckley v. Coyle Pub. Sch. Sys.
  476 F.2d 92· 10th Cir.· 1973-03-05 ·cited 9×
  The court held that a school policy requiring dismissal at the end of the sixth month of pregnancy is discriminatory on the basis of sex and potentially violates the Fourteenth Amendment and Civil Rights Act, requiring a compelling state interest test. The court also held that cl
• Harry Needelman, M.D. v. Dade Cnty. Med. Ass'n
  205 So. 2d 17· Fla. 3d DCA· 1967-12-12 ·cited 9×
  Dr. Needelman challenged his expulsion from the Dade County Medical Association following his conviction for a Harrison Act violation. The court held that a medical association bylaw providing for automatic membership termination upon conviction of a crime involving moral turpitu
• Jefferson v. GDCP Warden
  941 F.3d 452· 11th Cir.· 2019-10-17 ·cited 8×
  Jefferson was convicted of felony murder in 1986 and sentenced to death by a Georgia jury, but on federal habeas review, the Eleventh Circuit found that his trial counsel provided ineffective assistance during sentencing by failing to investigate his traumatic childhood head inju
• Ferris v. Winn
  242 So. 3d 509· Fla. 2d DCA· 2018-04-06 ·cited 8×
  A parent's procedural due process rights are violated when provided less than twenty-four hours' notice of a hearing affecting parental rights, absent an emergency situation such as threat of physical harm to the child or improper removal from the state.
• Lacey Faith Gordon v. State
  166 So. 3d 902· Fla. 4th DCA· 2015-06-10 ·cited 8×
  Lacey Gordon petitioned for second-tier review of a circuit court decision that quashed an administrative license suspension and remanded for a new hearing. The Fourth District held that the license suspension was not moot despite expiring during appellate proceedings, and affirm
• State v. Freeman
  63 So. 3d 23· Fla. 3d DCA· 2011-04-20 ·cited 8×
  The Florida Department of Highway Safety and Motor Vehicles sought certiorari review of a circuit court decision vacating an administrative suspension of a driver's license following the driver's refusal to submit to a breath test after a DUI arrest. The Third District Court of A
• LEE Cnty. v. Harsh
  44 So. 3d 239· Fla. 2d DCA· 2010-10-01 ·cited 8×
  Lee County sought second-tier certiorari review of a circuit court order that had granted certiorari relief to a terminated county employee, Corey Sellers. The District Court of Appeal reversed, holding that the county manager's decision to uphold Sellers' termination was an exec
• Rogers v. Rogers
  977 So. 2d 687· Fla. 4th DCA· 2008-03-12 ·cited 8×
• Clear Channel Commc'ns, Inc. v. City OF N. BAY Vill.
  911 So. 2d 188· Fla. 3d DCA· 2005-09-14 ·cited 8×
  Clear Channel Communications and Fane Lozman sought certiorari review of a circuit court decision upholding a City of North Bay Village resolution. The appellate court denied the petition, finding that petitioners failed to preserve legal challenges through proper objections and
• Schiavo Ex Rel. Schindler v. Schiavo
  358 F. Supp. 2d 1161· M.D. Fla.· 2005-03-25 ·cited 8×
  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 any of their claims.
• J.H. v. Dep't of Child. & Families
  890 So. 2d 476· Fla. 5th DCA· 2004-12-30 ·cited 8×
  The court held that the mother was denied procedural due process when the trial court conducted a disposition hearing without notice and an opportunity to be heard.
• In re Commitment OF Raymond Branch. Raymond Branch v. State
  890 So. 2d 322· Fla. 2d DCA· 2004-12-10 ·cited 8×
  Raymond Branch challenged his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act, arguing he had a due process right to be competent during the commitment hearing. The court held that while Ryce Act proceedings are civil in nature and do not categorica