Procedural Due Process

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

• McGRATH v. Caspar W. Weinberger
  541 F.2d 249· 10th Cir.· 1976-09-03 ·cited 8×
  The Due Process Clause does not require prior notice and an opportunity for a hearing before appointing a representative payee for Social Security beneficiaries deemed incapable of managing their own benefits.
• Sec. & Exch. Comm'n v. Nat'l Student Mktg. Corp.
  538 F.2d 404· D.C. Cir.· 1976-05-17 ·cited 8×
  The court held that the district court should have allowed further exploration of the staff's authority and justifications before striking the defense.
• Lokey v. Richardson
  527 F.2d 949· 9th Cir.· 1975-12-09 ·cited 8×
  The court held that summary judgment was improper because the termination of a prisoner's minimum custody status, which resulted in significant deprivations, implicated a liberty interest protected by the Due Process Clause, requiring procedural safeguards.
• Ismail Abdel Razik v. The United States
  525 F.2d 1028· Ct. Cl.· 1975-11-19 ·cited 8×
  The court held that the agency's removal of the plaintiff from his Civil Service position was procedurally sound and not arbitrary, thus affirming the administrative decision.
• Carlo v. Gunter
  520 F.2d 1293· 1st Cir.· 1975-08-04 ·cited 8×
  The court held that while an emergency may justify postponing due process procedures, it does not eliminate the requirement for them, and inmates are entitled to minimal due process at the earliest practicable opportunity.
• Nunnery v. Barber
  503 F.2d 1349· 4th Cir.· 1974-09-18 ·cited 8×
  The dissenting judge would hold that a public employee's lack of tenure does not defeat a claim that their discharge violated First and Fourteenth Amendment rights, and would remand for trial.
• Stephens v. Tielsch
  502 F.2d 1360· 9th Cir.· 1974-09-03 ·cited 8×
  Federal courts should not abstain from hearing civil rights cases merely to allow state courts to consider claims based on state constitutional provisions that mirror federal ones.
• Terry v. The United States
  499 F.2d 695· Ct. Cl.· 1974-06-19 ·cited 8×
  The court held that the Postal Reorganization Act did not affect jurisdiction over claims arising before its enactment and that the plaintiff's written statement was not coerced, thus admissible as evidence supporting his discharge.
• Swab v. The Cedar Rapids Cmty. Sch. Dist.
  494 F.2d 353· 8th Cir.· 1974-04-11 ·cited 8×
  The hearing procedures provided by Iowa Code § 279.13 satisfied procedural due process requirements for teacher contract termination.
• Freitag v. Carter
  489 F.2d 1377· 7th Cir.· 1973-12-10 ·cited 8×
  The court held that the Commissioner's denial of a chauffeur's license without adequate notice and hearing violated due process, and that while the City of Chicago was improperly sued under § 1983, the Commissioner was liable for stipulated damages.
• Suarez v. Weaver
  484 F.2d 678· 7th Cir.· 1973-09-14 ·cited 8×
  The court held that the charges against the plaintiff, which implicated his reputation as a doctor and citizen, were sufficient to trigger procedural due process protection, requiring an administrative hearing.
• Brown v. COX
  467 F.2d 1255· 4th Cir.· 1972-10-04 ·cited 8×
  The court held that the district court must conduct a hearing to determine if the juvenile court's waiver of jurisdiction was appropriate, and the conviction should be vacated if it was not.
• Kanter v. State
  265 So. 2d 742· Fla. 3d DCA· 1972-08-29 ·cited 8×
  The court affirmed the felony conviction, rejecting the argument that an amendment to Florida's speedy trial rule constituted an ex post facto law.
• Flossie v. Grimes
  462 F.2d 650· 4th Cir.· 1972-06-06 ·cited 8×
  The court held that the hearing afforded to the non-tenured teacher, even if she was entitled to one, satisfied the minimum requirements of procedural due process.
• Verlon Hilburn v. Butz
  463 F.2d 1207· 5th Cir.· 1972-06-02 ·cited 8×
• Sanders v. Veterans Admin.
  450 F.2d 955· 9th Cir.· 1971-09-29 ·cited 8×
  The court held that the district court erred by dismissing the action sua sponte without notice or opportunity for the plaintiff to respond.
• Healy v. James
  445 F.2d 1122· 2d Cir.· 1971-07-15 ·cited 8×
  The court held that the college president acted within his broad discretion in denying official recognition to a student organization, as the students failed to comply with college policies and procedural due process requirements.
• Rauls v. Baker Cnty.
  445 F.2d 825· 5th Cir.· 1971-06-29 ·cited 8×
• United States v. Aufdenspring
  439 F.2d 388· 9th Cir.· 1971-03-11 ·cited 8×
• United States ex rel. Dennis Rasmussen v. Commanding Officer
  430 F.2d 832· 8th Cir.· 1970-08-06 ·cited 8×
  The court held that a registrant must establish a prima facie case for a dependency deferment by alleging facts showing financial dependence and extreme hardship to the dependent; otherwise, the Selective Service Board is not required to reopen the classification, and procedural
• Bob's Casing Crews, Inc. v. Nat'l Labor Relations Bd.
  429 F.2d 261· 5th Cir.· 1970-07-14 ·cited 8×
  The court held that the Company was denied procedural due process because the factual basis for the unfair labor practice charge (Loper's 'concerted activity' at another company) was not properly put in issue, and the Company lacked notice and opportunity to prepare a defense.
• Truman Adonis Williams v. United States
  426 F.2d 253· 9th Cir.· 1970-04-30 ·cited 8×
  The court held that the statute 15 U.S.C. § 902(e) was constitutional and properly applied, and that the district court correctly denied the motion to vacate the sentence.
• Metro. Dade Cnty. v. Klein
  229 So. 2d 589· Fla. 3d DCA· 1969-12-02 ·cited 8×
  The court held that a motion to vacate a judgment under Rule 1.540(b)(4) is not a proper ground for relief if the original judgment was not void.
• Metro. Dade Cnty. Water & Sewer Bd. v. Cmty. Utils. Corp.
  200 So. 2d 831· Fla. 3d DCA· 1967-07-05 ·cited 8×
  A regulatory board's determination of executive salary allowances and rate of return must be based on competent substantial evidence, not mere familiarity or opinion.
• Brotherhood OF Railroad Trainmen v. Chicago
  345 F.2d 985· D.C. Cir.· 1965-04-15 ·cited 8×
  The court held that the Brotherhood should have first presented its claims regarding the special board's award to Board 282 for interpretation and review, rather than directly to the district court.
• RIO Hondo Harvesting Ass'n v. Johnson
  290 F.2d 471· 5th Cir.· 1961-05-12 ·cited 8×
• Springfield Television Broad. Corp. & Greenfield Television Broad. Corp. v. Fed. Commc'ns Comm'n
  259 F.2d 170· D.C. Cir.· 1958-06-19 ·cited 8×
• Riles v. United States
  223 F.2d 786· 5th Cir.· 1955-06-21 ·cited 8×
  The court held that the Selective Service Appeal Board had no basis in fact for reclassifying the registrant as 1-A, overturning his conviction for refusing induction.
• United States ex rel. Justin K. McCarthy v. Cook
  225 F.2d 71· 3d Cir.· 1955-05-23 ·cited 8×
  The court held that the appellant failed to demonstrate prejudice from the selective service board's procedures and that the board was legally constituted, affirming the denial of the writ of habeas corpus.
• Atkins v. United States
  204 F.2d 269· 10th Cir.· 1953-05-04 ·cited 8×
  The court held that a procedural irregularity in providing notice of classification, where the registrant received all necessary information and was not prejudiced, does not invalidate an order to report for induction.
• Inland Container Corp. v. Nat'l Labor Relations Bd.
  137 F.2d 642· 6th Cir.· 1943-08-31 ·cited 8×
  This court lacks jurisdiction to order the taking of additional evidence in a National Labor Relations Board proceeding where the Board has only directed an election.
• Peoria Braumeister Co. v. Yellowley
  123 F.2d 637· 7th Cir.· 1941-11-24 ·cited 8×
  The court held that a petitioner must exhaust administrative remedies before seeking judicial review of a permit suspension order, and that a change in regulations during proceedings does not deny due process if the petitioner had notice and was not misled.
• Gutierrez v. Saenz
  606 U.S. 305· U.S.· 2025-06-26 ·cited 7×
  Ruben Gutierrez, a death-row inmate, challenged Texas's DNA testing procedures under the Due Process Clause by filing a §1983 suit against the district attorney. The Supreme Court held that Gutierrez has standing to bring his suit, reversing the Fifth Circuit's conclusion that an
• FBI v. Fikre
  601 U.S. 234· U.S.· 2024-03-19 ·cited 7×
  Yonas Fikre, a U.S. citizen, sued the FBI after being placed on the No Fly List, alleging violations of due process and discrimination based on religion, race, and national origin; after removing him from the list in 2016, the government sought dismissal as moot, but the Supreme
• Dubner v. Ferraro
  242 So. 3d 444· Fla. 4th DCA· 2018-04-11 ·cited 7×
  A temporary mandatory injunction must comply with Florida Rule of Civil Procedure 1.610(c) by including specific findings for each element of the injunction standard, must include a bond absent recognized exceptions, and must be supported by evidence of irreparable harm and a sub
• Gardener v. Fla. Dep't OF Corr.
  178 So. 3d 92· Fla. 1st DCA· 2015-10-26 ·cited 7×
  The court held that the circuit court correctly applied the law and afforded procedural due process in denying the writ of mandamus concerning administrative prison disciplinary action.
• Residential Mortg. Servicing Corp. v. Winterlakes Prop. Owners Ass'n, Inc.
  169 So. 3d 253· Fla. 4th DCA· 2015-07-08 ·cited 7×
  A third-party purchaser of foreclosed property appeals a trial judge's order vacating a prior order directing issuance of a certificate of title. The appellate court reverses, finding that the judge violated due process by vacating the sale without notice to or opportunity for th
• Kass Shuler, P.A. v. Barchard
  120 So. 3d 165· Fla. 2d DCA· 2013-08-23 ·cited 7×
  The appellate court granted certiorari in part, reversing the circuit court's reversal of a county court's award of attorney's fees to Kass Shuler, but affirmed the circuit court's reversal of a sanction against Barchard for filing Bar grievances.
• Dep't of Hwy. Safety & Motor Vehicles v. Gino Dellacava
  100 So. 3d 234· Fla. 5th DCA· 2012-11-02 ·cited 7×
  The Department seeks review of a circuit court order quashing a driver's license suspension, arguing the circuit court erred in its review.
• Sveltlana Altman v. State
  41 So. 3d 1030· Fla. 2d DCA· 2010-08-06 ·cited 7×
  Svetlana Altman petitioned for certiorari review of a circuit court order dismissing her criminal appeal as a sanction for failing to timely file her initial brief. The Florida Second District Court of Appeal held that dismissal without proper notice violated procedural due proce
• Dep't of Hwy. Safety & Motor Vehicles v. Falcone
  983 So. 2d 755· Fla. 2d DCA· 2008-06-11 ·cited 7×
  The Department of Highway Safety and Motor Vehicles (DHSMV) appealed a circuit court order quashing a driver license revocation, which had rejected the breath test affidavit as inadmissible due to lack of maintenance documentation. The Second District Court of Appeal reversed, ho
• Prof'l Med. Grp., Inc. v. United Auto. Ins. Co.
  967 So. 2d 243· Fla. 3d DCA· 2007-08-29 ·cited 7×
  Professional Medical Group, Inc., assigned the insurance interests of an insured, sought personal injury protection benefits from United Automobile Insurance Company. After the appellate division reversed a dismissal but denied attorney's fees, the Florida District Court of Appea
• Clement v. Lanelle Ziemer
  953 So. 2d 700· Fla. 5th DCA· 2007-04-05 ·cited 7×
  The court held that the trial court erred by denying the appellant procedural due process, specifically lacking an impartial decision-maker and the opportunity to present his case.
• In re Asbestos Litig. Mobil Corp. v. Mallia
  933 So. 2d 613· Fla. 3d DCA· 2006-06-28 ·cited 7×
  The Florida District Court of Appeal held that the Asbestos and Silica Compensation Fairness Act (ASCFA) applies to all nonmalignant asbestos cases in which trial has not commenced as of July 1, 2005, including those with pre-existing trial dates. The court quashed the circuit co
• City OF Auburndale v. Town OF Polk City
  898 So. 2d 1101· Fla. 2d DCA· 2005-03-30 ·cited 7×
  The court held that Polk City lacked standing to challenge Auburndale's annexation because it was not an 'affected party' under the statute, and thus the circuit court departed from the essential requirements of law by granting certiorari.
• State v. Sonson Joly
  885 So. 2d 921· Fla. 5th DCA· 2004-10-01 ·cited 7×
  Florida appealed the dismissal of probation violation charges against Joly for allegedly failing to testify truthfully. The trial court had dismissed the charges because it determined the oral pronouncement at sentencing did not sufficiently impose the truthful testimony conditio
• D'Amato v. Merry Jo D'Amato
  848 So. 2d 462· Fla. 4th DCA· 2003-07-02 ·cited 7×
  The trial court improperly vacated a prior order approving a visitation settlement sua sponte, without proper notice or a motion from the parties.
• McDOUGALL v. VAN House
  801 So. 2d 118· Fla. 2d DCA· 2001-10-31 ·cited 7×
  The Florida Second District Court of Appeal reviewed a circuit court's decision that quashed a civil service board's disciplinary decision against a Lee County deputy sheriff. The court held that the circuit court incorrectly applied Chapter 30 of the Florida Statutes rather than
• Pedroza v. Pedroza
  779 So. 2d 616· Fla. 5th DCA· 2001-03-02 ·cited 7×
  Reinaldo Pedroza appeals a temporary child support order increasing his obligation from $1,000 to $2,636.50 monthly. The trial court set aside separation agreements on duress grounds and determined his income at $230,000 annually rather than the $80,849 calculated by his expert.
• Campos v. Immigr. & Naturalization Serv.
  32 F. Supp. 2d 1337· S.D. Fla.· 1998-12-09 ·cited 7×
  The court denied the defendants' motion to dismiss, finding it had subject matter jurisdiction and that plaintiffs had not failed to exhaust administrative remedies, and that their claims under the INA, APA, FOIA, and Due Process Clause were cognizable.