Procedural Due Process

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

• Diaz v. Moore
  861 F. Supp. 1041· N.D. Fla.· 1994-08-24 ·cited 7×
  The court granted summary judgment for the defendants, finding it lacked jurisdiction over the applied constitutional challenge and that the facial challenge and individual claims were barred by res judicata or judicial immunity.
• Abbey v. Louis W. Sullivan, M.D.
  978 F.2d 37· 2d Cir.· 1992-09-28 ·cited 7×
  The court held that the 1986 Amendments to the Medicare Act now channel Part B disputes through the Social Security Act's administrative and judicial review process, precluding federal question jurisdiction and requiring exhaustion of administrative remedies.
• In re SAN Vicente Med. P'rs Ltd. v. Am. Principals Holding, Inc.
  962 F.2d 1402· 9th Cir.· 1992-05-04 ·cited 7×
  The court held that a district court has the equitable authority to include a non-party limited partnership's property in an SEC receivership if it has minimum contacts and receives notice and an opportunity to be heard, and that a receiver's expenses are chargeable to the proper
• Francine Sutton v. Cleveland Bd. of Educ.
  958 F.2d 1339· 6th Cir.· 1992-03-19 ·cited 7×
  The court held that the grievance procedure, even with an intermediate divided board, still constitutes a process leading to final and binding arbitration under Ohio law.
• In re Heriberto Medrano
  956 F.2d 101· 5th Cir.· 1992-03-16 ·cited 7×
  The court held that a federal court must apply the 'clear and convincing evidence' standard when disbarring an attorney, not a 'preponderance of the evidence' standard.
• Hohmeier v. Leyden Cmty. High Schs. Dist. 212
  954 F.2d 461· 7th Cir.· 1992-01-22 ·cited 7×
  A public school board policy, even if promulgated under statutory authority, does not create a constitutionally protected property interest in continued employment unless it contains explicitly mandatory language and has binding force, which Policy 4223 lacked.
• Kamenesh v. City of Miami
  772 F. Supp. 583· S.D. Fla.· 1991-07-15 ·cited 7×
  The court held that genuine issues of material fact precluded summary judgment on claims of due process violations, denial of promotion, and violations of the Police Officer's Bill of Rights, but granted summary judgment on the fraud claim.
• FEE v. Herndon
  900 F.2d 804· 5th Cir.· 1990-05-09 ·cited 7×
  The court held that where a state provides adequate civil and criminal remedies for excessive corporal punishment, the use of such punishment, even if excessive, does not implicate federal substantive due process rights under the Fourteenth Amendment because it does not constitut
• Merritt v. Broglin
  891 F.2d 169· 7th Cir.· 1989-12-08 ·cited 7×
  The court held that Indiana administrative code and prison directives did not create a liberty interest for prisoners to attend a step-father's funeral, thus the denial did not violate due process.
• Intern. Caucus of Labor Com. v. Dade Cnty.
  724 F. Supp. 917· S.D. Fla.· 1989-10-17 ·cited 7×
  The court held that the Miami International Airport (MIA) is a nonpublic forum, and its policy prohibiting tables and semi-fixed signs in designated First Amendment areas is constitutional. The restrictions are reasonably designed to serve the airport's intended purpose of facili
• Gomez v. City OF ST. Petersburg
  550 So. 2d 7· Fla. 2d DCA· 1989-06-21 ·cited 7×
  Carmen Gomez sought a variance to operate a triplex in a single-family zoned district in St. Petersburg, claiming the property was grandfathered as a pre-existing nonconforming use. The circuit court upheld the Board of Adjustment's denial of the variance, finding Gomez failed to
• Jackson Court Condos., Inc. v. City OF NEW Orleans
  874 F.2d 1070· 5th Cir.· 1989-06-13 ·cited 7×
  Summary judgment was inappropriate on Jackson Court's equal protection claim because factual findings were needed to determine if it was similarly situated to other exempted time-shares.
• Lucille Head (88-5353) v. Jellico Hous. Auth.
  870 F.2d 1117· 6th Cir.· 1989-03-27 ·cited 7×
  The court held that federal regulations permit public housing authorities to count lump-sum Social Security benefits as annual income for rent calculation purposes, and that retroactive rent adjustments based on such income are permissible and reasonable under the lease and feder
• City OF Sanford v. Seminole Cnty.
  538 So. 2d 113· Fla. 5th DCA· 1989-02-09 ·cited 7×
  The City of Sanford challenged a circuit court decision that invalidated two annexation ordinances. The court held that both the Kastner and Paulucci parcels satisfied Florida's statutory requirements for annexation—contiguity and reasonable compactness—and reversed the circuit c
• Alberico v. The United States
  783 F.2d 1024· Fed. Cir.· 1986-02-10 ·cited 7×
  The court held that while the appellant may have had a protected property interest in continued employment, he was afforded his due process rights through notice and an opportunity to be heard.
• Beauchamp v. Luisa de Abadia
  779 F.2d 773· 1st Cir.· 1985-12-23 ·cited 7×
  The court held that the administrative hearing afforded to the plaintiff satisfied due process requirements, even with the admission of hearsay evidence and limited cross-examination.
• The Standing Comm. ON Discipline OF the United States Dist. Court FOR the S. Dist. OF Cal. v. Ross
  735 F.2d 1168· 9th Cir.· 1984-06-25 ·cited 7×
  The court held that the disciplinary proceeding was fair, the evidence was sufficient to support the findings, and the penalty imposed was reasonable.
• Jones v. The Bd. OF Governors OF the Univ. OF N.C. & its constituent Inst. The Univ. of N.C. at Charlotte
  704 F.2d 713· 4th Cir.· 1983-04-01 ·cited 7×
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction reinstating the student, as grave questions of procedural due process were presented and the balance of hardships favored the student.
• PAN Am. Petroleum Corp. v. Fed. Power Comm'n
  376 F.2d 161· 10th Cir.· 1967-03-09 ·cited 7×
  The court denied petitions for rehearing, clarifying factual errors in its prior opinion regarding Louisiana's tax structure and the Federal Power Commission's tax reimbursement determinations.
• Cowart v. Duro
  2023 WL 5069482· M.D. Fla.· 2024-10-11 ·cited 6×
  The court held that the plaintiff's amended complaint contained numerous deficiencies, including failure to state a claim, improper citation of statutes, and claims barred by immunity doctrines, requiring a second amended complaint.
• Monroe Cnty. v. Thurmond St. P'rs, LLC
  319 So. 3d 739· Fla. 3d DCA· 2022-06-22 ·cited 6×
  A circuit court's appellate decision that applies the correct law to a new set of facts, even if arguably erroneous in its legal conclusion, is not remediable by second-tier certiorari.
• Hayes v. Monroe Cnty.
  337 So. 3d 442· Fla. 3d DCA· 2022-01-12 ·cited 6×
  Michael Hayes and Debra Ferragamo-Hayes sought certiorari review of a circuit court affirmance of a code enforcement order finding them in violation of Monroe County ordinances for an unauthorized downstairs enclosure and garage. The Third District Court of Appeal granted the pet
• Nitza Soledad Perez v. Maldonato
  324 So. 3d 1011· Fla. 3d DCA· 2021-07-21 ·cited 6×
  Nitza Soledad Perez appeals a trial court order granting temporary timesharing to Matthew A. Maldonato in a paternity action involving a child conceived through IVF. The central dispute concerns whether the parties were a "commissioning couple" under Florida law entitled to paren
• The Ga. Elec. Life Safety & Sys. Ass'n, Inc. v. The City of Sandy Springs
  965 F.3d 1270· 11th Cir.· 2020-07-17 ·cited 6×
  The Eleventh Circuit affirmed the district court's dismissal, holding that the ordinance imposing fines on alarm companies for false alarms is a rational economic regulation and that the plaintiffs lacked standing to challenge the ordinance's procedural due process aspects becaus
• Csilla Mezei v. Iehuda Tzynder
  287 So. 3d 1289· Fla. 3d DCA· 2020-07-15 ·cited 6×
  The appellate court reversed a temporary order granting overnight timesharing to the father because the mother was not properly notified of the hearing, violating her due process rights. The case highlights the importance of proper notice in court proceedings.
• Project v. Kemp
  918 F.3d 1262· 11th Cir.· 2019-03-21 ·cited 6×
  In this consolidated appeal, the Eleventh Circuit considered whether Georgia's absentee voting procedures violated procedural due process by rejecting mail-in ballots with perceived signature mismatches without providing notice, an opportunity to be heard, or a chance to appeal b
• Domenic Grosso v. HSBC Bank USA, N.A.
  204 So. 3d 139· Fla. 4th DCA· 2016-11-16 ·cited 6×
  The trial court's administrative closure of a case without notice, which effectively dismissed a pending motion for costs, violated due process by denying the party fair notice and an opportunity to be heard.
• Henderson v. Lyons
  93 So. 3d 399· Fla. 2d DCA· 2012-06-29 ·cited 6×
  Rebecca Henderson appeals a circuit court order awarding parenting coordinator fees to Kathy Leggett. The appellate court reversed the fee award because the trial court violated Henderson's due process rights by preventing her from completing cross-examination and presenting evid
• YUE YAN v. Byers
  88 So. 3d 392· Fla. 4th DCA· 2012-05-16 ·cited 6×
  The court held that the trial court abused its discretion in denying the motion for a new trial because the appellant was not provided reasonable notice of the jury trial.
• Dep't of Hwy. Safety & Motor Vehicles v. Cherry
  91 So. 3d 849· Fla. 5th DCA· 2011-06-29 ·cited 6×
  The Florida Department of Highway Safety and Motor Vehicles sought certiorari to overturn a circuit court's decision that quashed Ms. Cherry's driver's license suspension for refusing a breath test. The Supreme Court of Florida's Fifth District Court of Appeal held that the circu
• Withers v. Jeanine Blomberg
  41 So. 3d 398· Fla. 2d DCA· 2010-08-04 ·cited 6×
  The EPC erred by modifying the ALJ's recommended order without stating its reasons with particularity, constituting a fundamental error and a denial of procedural due process.
• L.M.B. v. Dep't OF Child. & Families & S.M.J.
  28 So. 3d 217· Fla. 4th DCA· 2010-02-24 ·cited 6×
  The court held that a trial court's refusal to permit a parent to present evidence at a shelter hearing is a departure from the essential requirements of law.
• Bradsheer v. Fla. Dep't OF Hwy. Safety & Motor Vehicles
  20 So. 3d 915· Fla. 1st DCA· 2009-09-25 ·cited 6×
  This appeal addresses whether the Florida Department of Highway Safety and Motor Vehicles acted unlawfully when it required drivers convicted of DUI before July 1, 2005 to install ignition interlock devices, even though the department lacked statutory authority to do so prior to
• Williams v. Fla. Parole Comm'n
  977 So. 2d 783· Fla. 1st DCA· 2008-03-31 ·cited 6×
  Bernard Williams challenges the revocation of his conditional release supervision through mandamus review. The court held that the Parole Commission violated clearly established law by having an administrator (rather than the original or a new parole examiner) make credibility-ba
• Tejeda-Soto v. Raimondi
  968 So. 2d 635· Fla. 2d DCA· 2007-10-26 ·cited 6×
  Four consolidated injunction cases where the trial court issued final injunctions for protection against repeat violence without conducting an evidentiary hearing or allowing witnesses to testify. The appellate court reversed, holding that due process requires a full evidentiary
• State v. Wejebe
  954 So. 2d 1245· Fla. 3d DCA· 2007-04-25 ·cited 6×
  The Florida Department of Highway Safety and Motor Vehicles sought certiorari review of a circuit court's decision quashing an administrative suspension of Wejebe's driver's license. The case turned on whether an intoxilyzer machine that produced Wejebe's breath-alcohol test resu
• Atl. Shores Resort, LLC v. 507 S. St. Corp. & City of Key W.
  937 So. 2d 1239· Fla. 3d DCA· 2006-09-27 ·cited 6×
  Atlantic Shores Resort sought to redevelop a historic property in Key West but faced opposition from 507 South Street Corporation regarding compliance with a 2.5-story height guideline. The Florida District Court of Appeal held that the opponent was collaterally estopped from rel
• Ferrara v. Cmty. Developers, Ltd.
  917 So. 2d 907· Fla. 3d DCA· 2005-11-30 ·cited 6×
  Ferrara, an attorney, sought to quash a trial court's award of attorney's fees under section 57.105, Florida Statutes, arguing the moving party failed to comply with the statute's 'safe harbor' provision requiring twenty-one days' notice. The appellate court denied the petition b
• Sylvis v. State
  916 So. 2d 915· Fla. 5th DCA· 2005-11-18 ·cited 6×
  William Sylvis appealed the denial of his habeas corpus petition challenging the Florida Parole Commission's revocation of his parole for violating a no-contact condition. The appellate court treated the appeal as a petition for certiorari and denied relief, finding the circuit c
• Sunshine Chevrolet Oldsmobile v. Unemployment Appeals Comm'n & Zahid N. Roy
  910 So. 2d 948· Fla. 2d DCA· 2005-09-23 ·cited 6×
  Sunshine Chevrolet Oldsmobile appealed an unemployment benefits determination, contending that the Unemployment Appeals Commission (UAC) improperly rejected documentary evidence as hearsay. The court affirmed, holding that Sunshine failed to properly establish the foundation for
• Ames v. State
  870 So. 2d 203· Fla. 1st DCA· 2004-03-11 ·cited 6×
  Jerry Ames appeals his conviction for lewd and lascivious battery on a child and his mandatory designation as a sexual offender under Florida law. The court affirmed both the conviction and the designation, rejecting arguments that the conviction was unsupported by evidence and t
• State v. Demello Bolware
  999 So. 2d 660· Fla. 1st DCA· 2003-10-31 ·cited 6×
  This case involves a dissent from a majority opinion that granted certiorari relief, finding that the circuit court violated a clearly established principle of law by ruling that license revocation is a direct consequence of a plea to a driving offense.
• R.H.B. v. J.B.W.
  826 So. 2d 346· Fla. 2d DCA· 2002-05-03 ·cited 6×
  R.H.B. appeals a trial court order imposing temporary child support for a child born during J.B.W.'s intact marriage to P.W. The Second District Court of Appeal reversed the temporary support order, holding it was entered without adequate procedural due process because R.H.B. rec
• Gove v. Fla. Parole Comm'n
  816 So. 2d 1150· Fla. 1st DCA· 2002-04-26 ·cited 6×
  Shane Gove challenges his detention under Florida's conditional release program, arguing he was unlawfully classified as a conditional releasee. The court agrees that Gove did not qualify for conditional release under Florida Statutes § 947.1405(2) because he lacked a prior felon
• Veron Caravakis v. Allstate Indem. Co.
  806 So. 2d 548· Fla. 2d DCA· 2001-12-28 ·cited 6×
  Veron Caravakis sought certiorari review of a summary judgment in favor of Allstate Indemnity Company on his claim that Allstate improperly refused to pay full PIP benefits. The Florida Second District Court of Appeal denied the petition, holding that Caravakis failed to meet the
• Dep't OF Hwy. Safety & Motor Vehicles v. Stevens
  820 So. 2d 322· Fla. 5th DCA· 2001-10-26 ·cited 6×
  The Florida Department of Highway Safety and Motor Vehicles sought certiorari review of a circuit court decision that quashed a driver's license suspension on the grounds that the breath test device inspector lacked proper qualifications under administrative rules. The appellate
• Long v. State
  793 So. 2d 1141· Fla. 1st DCA· 2001-09-11 ·cited 6×
  Trial court's order striking appellant's pro se postconviction motion was reversed because the court failed to follow required procedures under State v. Spencer, which mandates a show cause order before barring further pro se filings.
• Coyle v. City OF Fort Lauderdale
  785 So. 2d 1254· Fla. 4th DCA· 2001-06-06 ·cited 6×
  William Coyle sought belated appellate review of his 1996 trespass conviction more than two years after the time to file a notice of appeal had expired. The court denied relief, finding that Coyle failed to establish he was unaware of his appellate rights and that he could have d
• Miami-Dade Cnty. v. Reyes
  772 So. 2d 24· Fla. 3d DCA· 2000-08-23 ·cited 6×
  Miami-Dade County sought certiorari review of a circuit court decision that quashed a hearing officer's ruling upholding a drastically elevated water bill for residential customer Ramon Reyes. The court held that while the circuit court improperly re-weighed evidence, the County'
• S.B.L. v. State
  737 So. 2d 1131· Fla. 1st DCA· 1999-06-09 ·cited 6×
  The Florida District Court of Appeal reversed a restitution order imposed on a parent without proper due process protections. The court held that a parent cannot be ordered to pay restitution for a child's delinquency without adequate notice of the hearing's scope and a meaningfu