Procedural Due Process

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

• Elliott Laurence Blatt v. Local Bd. NO. 116 Fredericksburg City Selective Serv. Sys.
  443 F.2d 304· 4th Cir.· 1971-06-08 ·cited 6×
  The court held that preinduction judicial review of a registrant's classification is barred by statute unless the classification involves a clear departure from a statutory mandate, which is not the case when the issue is a factual determination of medical qualification.
• DON v. Okmulgee Mem'l Hosp.
  443 F.2d 234· 10th Cir.· 1971-05-11 ·cited 6×
  The court held that the hospital board's rejection of Dr. Don's staff application was a valid exercise of authority, not violating due process or equal protection, and that insufficient evidence of conspiracy or damages precluded a successful claim.
• Cristol v. The City OF Miami Beach
  246 So. 2d 595· Fla. 3d DCA· 1971-04-08 ·cited 6×
  The court held that the proposed conveyance of public land for an urban housing development was legal and for a public purpose, and that no genuine issues of material fact precluded summary judgment.
• In re Millman
  439 F.2d 412· 4th Cir.· 1971-03-15 ·cited 6×
  The appeal from the district court's suspension order is dismissed as moot because the order was temporary and expired before the appeal was heard. Future proceedings may require a different judge.
• Beattie v. Roberts
  436 F.2d 747· 1st Cir.· 1971-01-06 ·cited 6×
  A tenured teacher who refused to participate in a hearing after being provided with reasons for non-renewal and notice of the hearing, and who failed to raise constitutional claims in the lower court, cannot claim denial of due process or statutory rights.
• Hodgin v. Noland
  435 F.2d 859· 4th Cir.· 1970-12-30 ·cited 6×
  A city employee serving at-will is not entitled to formal notice or a hearing before discharge, provided the discharge is not in retaliation for exercising constitutionally protected rights.
• Runette Turner v. Thompson
  421 F.2d 771· 5th Cir.· 1970-02-09 ·cited 6×
  The court held that the plaintiff failed to demonstrate a denial of procedural due process when her beer license was rescinded pending a public hearing.
• In re George W. Myers Co., Inc.
  412 F.2d 785· 3d Cir.· 1969-07-15 ·cited 6×
  The court held that the alleged bankrupt was denied procedural due process by the Referee's refusal to allow rebuttal evidence.
• Nat'l Labor Relations Bd. v. M. Koppel Co.
  412 F.2d 681· 3d Cir.· 1969-06-12 ·cited 6×
  The court held that the Company was denied procedural due process before the trial examiner, requiring a remand for additional testimony and consideration of an appropriate order.
• Shone v. State OF Me.
  406 F.2d 844· 1st Cir.· 1969-01-31 ·cited 6×
  The court held that transferring a juvenile to a functionally distinct correctional center based on a finding of incorrigibility, without providing the procedural safeguards afforded to others facing similar commitments, violates the Due Process and Equal Protection Clauses of th
• Nat'l Labor Relations Bd. v. Howard Johnson Co.
  398 F.2d 435· 3d Cir.· 1968-07-26 ·cited 6×
  The court held that the Board improperly denied the employer a hearing on the merits of whether an employee was a statutory supervisor, thus preventing a full determination of the issue.
• Swallow v. United States
  380 F.2d 710· 10th Cir.· 1967-07-10 ·cited 6×
  The court held that the appellant was denied procedural due process due to insufficient notice of the hearing on his motion to set aside the default judgment.
• McCARTHY v. Noren
  370 F.2d 845· 9th Cir.· 1966-11-08 ·cited 6×
  The court held that the second lawsuit was barred by res judicata because it involved the same parties and subject matter as the first lawsuit, even though it asserted a different legal theory.
• Nat'l Labor Relations Bd. v. Mark J. Gerry, Inc.
  355 F.2d 727· 9th Cir.· 1966-01-05 ·cited 6×
  The court held that the Board exceeded its remedial authority by invalidating a collective bargaining agreement that predated the employer's unfair labor practices.
• Morgano v. Alva Pilliod
  299 F.2d 217· 7th Cir.· 1962-02-05 ·cited 6×
  The court held that the plaintiff was afforded procedural due process and the deportation order was based on substantial evidence. The court affirmed the district court's grant of summary judgment.
• Finlin v. Pa. R.R. Co.
  288 F.2d 826· 3d Cir.· 1961-04-10 ·cited 6×
  The court held that a trial de novo is not available for wage claims denied by the National Railroad Adjustment Board, and that the Board must be a party to the action for any relief to be granted.
• Brunner v. del Guercio
  259 F.2d 583· 9th Cir.· 1958-05-20 ·cited 6×
  The court held that the denial of relief was improper because there was no finding that the alien voluntarily executed the Selective Service form with full knowledge of its effect on his citizenship rights.
• Davis v. Pepersack
  255 F.2d 29· 4th Cir.· 1958-04-25 ·cited 6×
  The federal court should not consider the statutory interpretation issue until state remedies are exhausted, and other contentions lack merit.
• Weldon Bruce Dayton v. Dulles
  254 F.2d 71· D.C. Cir.· 1957-10-24 ·cited 6×
  The dissenting judge believes the Secretary's denial of the passport was not based on legally permissible criteria under existing law.
• Kent v. United States
  207 F.2d 234· 9th Cir.· 1953-09-26 ·cited 6×
  The court held that an induction order signed by an authorized clerk, rather than a board member, is not illegal, and the registrant was not prejudiced by minor inaccuracies in the hearing officer's report.
• Winhoven v. United States
  201 F.2d 174· 9th Cir.· 1952-12-31 ·cited 6×
  The court held that the district court erred in failing to consider the appellant's contention that the prior judgment was void due to a denial of procedural due process.
• Fury v. Fleming
  161 F.2d 189· Emer. Ct. App.· 1947-04-02 ·cited 6×
  The court held that the landlord was denied procedural due process regarding the hot water reduction and that the Administrator's order regarding painting was not supported by substantial evidence, entitling the landlord to retroactive relief for both issues.
• Bagley v. United States
  144 F.2d 788· 9th Cir.· 1944-06-14 ·cited 6×
  A registrant's failure to report for induction, even if based on a claim of procedural due process denial by the draft board, precludes challenging the classification's legality in a criminal prosecution for non-compliance.
• Pavilion at Healthpark, LLC v. S. M.
  280 So. 3d 507· Fla. 6th DCA· 2025-03-07 ·cited 5×
  Park Royal Hospital appeals a mandatory injunction requiring compliance with Florida's Baker Act and Administrative Code provisions for future unnamed patients. The trial court entered the broad injunction despite S.M.'s petition seeking only habeas corpus relief and correction o
• Dept. of Highway Safety and Motor Vehicles v. Sperberg
  257 So. 3d 560· Fla. 3d DCA· 2018-10-10 ·cited 5×
  A circuit court on first-tier certiorari review exceeds the proper scope of review and applies incorrect law when it sua sponte considers issues neither party raised and reweighs evidence rather than applying the appropriate standard of review.
• 911 DRY Solutions v. Fla. Fam. Ins. Co.
  259 So. 3d 167· Fla. 3d DCA· 2018-08-22 ·cited 5×
  A circuit court lacks jurisdiction to hear an appeal from a county court's non-final order compelling appraisal because the Florida Legislature has not enacted a statute authorizing such appeals, and an order granting appraisal is generally non-final.
• Bahl v. Rupa P. Bahl
  220 So. 3d 1214· Fla. 2d DCA· 2016-12-09 ·cited 5×
  The court held that a father was entitled to notice and an opportunity to be heard before a temporary timesharing order was modified, even based on a guardian ad litem's report, absent a showing of emergency.
• Joachin v. State
  199 So. 3d 439· Fla. 3d DCA· 2016-08-24 ·cited 5×
  Florida appellate court affirmed probation revocation based on sufficient evidence of new criminal offenses but remanded for entry of a written revocation order as required by law.
• Am. Heritage Window Fashions, LLC v. Dep't OF Revenue
  191 So. 3d 516· Fla. 2d DCA· 2016-05-06 ·cited 5×
  American Heritage Window Fashions appealed the Department of Revenue's dismissal of a petition seeking administrative review of a denied tax refund, arguing the petition was timely under the sixty-day deadline for contesting refund denials. The court affirmed the dismissal, holdi
• State v. Haughton
  188 So. 3d 32· Fla. 3d DCA· 2016-03-09 ·cited 5×
  The Florida Department of Revenue appealed the trial court's denial of its motion to vacate an order terminating a father's child support arrears obligation. The court reversed, holding that the order was void because it was issued without notice to DOR, violating its fundamental
• United Auto. Ins. Co. v. Comprehensive Health Ctr.
  173 So. 3d 1061· Fla. 3d DCA· 2015-08-05 ·cited 5×
  United Automobile Insurance Company sought certiorari review of a circuit court appellate division decision that remanded for trial on whether an insured's failure to attend an Independent Medical Examination was unreasonable, and that denied United's motion for appellate attorne
• Lamb v. Roxanna Lamb
  154 So. 3d 465· Fla. 5th DCA· 2015-01-02 ·cited 5×
  The court held that striking a party's pleadings without findings of willful or deliberate conduct violates procedural due process, and that the trial court erred in applying Florida law over a contractual choice-of-law provision without proper analysis.
• Gables Ins. Recovery, Inc. v. Progressive Express Ins. Co.
  159 So. 3d 863· Fla. 3d DCA· 2014-12-31 ·cited 5×
  The court held that it would not grant second-tier certiorari review because the appellate division did not violate clearly established law or procedure, despite potential disagreement with the county court's ruling.
• Bencivenga v. Osceola Cnty.
  140 So. 3d 1035· Fla. 5th DCA· 2014-05-23 ·cited 5×
  Bencivenga sought second-tier certiorari review of a circuit court decision affirming a Code Enforcement Board order finding violations for constructing structures without building permits. The district court denied the petition because second-tier certiorari review is limited to
• Pawel Mocio v. State
  98 So. 3d 601· Fla. 2d DCA· 2012-07-25 ·cited 5×
  The circuit court erred by determining that a writ of prohibition was not a proper vehicle to challenge the denial of a claim of immunity from criminal prosecution.
• City OF Miami v. Hervis
  65 So. 3d 1110· Fla. 3d DCA· 2011-07-05 ·cited 5×
  The City of Miami sought certiorari review of a Commission decision finding disability discrimination where the police chief failed to promote Lieutenant Hervis, who has Parkinson's disease, to NET Commander. The district court granted the petition, quashed the lower court's affi
• Affirmative Ins. Co. v. Josianny Meza Gomez
  14 So. 3d 1244· Fla. 4th DCA· 2009-07-01 ·cited 5×
  Affirmative Insurance Company sought a writ of certiorari to quash the circuit court's dismissal of its appeal for failure to timely file the record and initial brief. The Florida Fourth District Court of Appeal held that the circuit court violated AIC's procedural due process by
• Gables Ins. Recovery, Inc. v. Seminole Cas. Ins. Co.
  10 So. 3d 1106· Fla. 3d DCA· 2009-04-01 ·cited 5×
  Gables Insurance Recovery seeks certiorari review of a summary judgment favoring Seminole Casualty Insurance Company in a personal injury protection (PIP) insurance dispute. The court grants certiorari, finding that the trial court erred by granting summary judgment on an ambiguo
• S. Grp. Indem., Inc. v. Humanitary Health Care, Inc.
  975 So. 2d 1247· Fla. 3d DCA· 2008-03-12 ·cited 5×
  Southern Group Indemnity petitioned for a writ of certiorari to quash a circuit court opinion affirming summary judgment in favor of Humanitary Health Care, which sought declaratory relief requiring presuit disclosure of the insurer's PIP payout logs. The Florida District Court o
• City OF Ctr. Hill v. McBRYDE
  952 So. 2d 599· Fla. 5th DCA· 2007-03-23 ·cited 5×
  The City of Center Hill sought certiorari review of a circuit court decision that quashed an annexation ordinance for a 1,235-acre parcel owned by Sumter Cement Company. The district court upheld the quashing, holding that the annexation would impermissibly create a 100-acre pock
• Wingard v. Emerald Venture Fla. LLC
  438 F.3d 1288· 11th Cir.· 2006-02-09 ·cited 5×
  Wingard involved a dispute over the scope of a beach access easement created in 1979 across property in Florida. The prior state court decision in Walters v. McCall had ruled that the easement was for residential use only and excluded commercial enterprises like campgrounds, but
• Orange Cnty. v. Butler
  877 So. 2d 810· Fla. 5th DCA· 2004-07-02 ·cited 5×
  The circuit court erred by exceeding its certiorari review scope and failing to consider all evidence supporting the Board's quasi-judicial decision.
• Smith v. State
  871 So. 2d 296· Fla. 1st DCA· 2004-04-07 ·cited 5×
  Smith appealed two consolidated cases challenging his sentencing and sex offender registration. The court affirmed one case, reversed and remanded the other due to the trial court's failure to enter a written judgment reflecting its corrected oral sentence, and rejected Smith's c
• Koziara v. City of Casselberry
  239 F. Supp. 2d 1245· M.D. Fla.· 2002-12-10 ·cited 5×
  The court held that the doctrine of res judicata barred the plaintiffs' federal claims because the issues raised could have been litigated in prior state court proceedings.
• Manatee Cnty. v. City OF Bradenton
  828 So. 2d 1083· Fla. 2d DCA· 2002-10-25 ·cited 5×
  The court held that the county's petition for certiorari should be denied because it failed to demonstrate the circuit court applied the wrong law, only that it misapplied the correct law.
• Rhoads v. State
  817 So. 2d 1089· Fla. 2d DCA· 2002-06-12 ·cited 5×
  The court held that the trial court exceeded its authority by finding direct criminal contempt for perjury based solely on a credibility determination and by failing to afford the appellant procedural due process.
• Fernez v. Calabrese
  760 So. 2d 1144· Fla. 5th DCA· 2000-07-07 ·cited 5×
  The court held that certiorari review is inappropriate when the underlying claim is not an actionable tort, as there is no recognized tort from which to claim immunity.
• Kendy Brouard v. McLEAN
  753 So. 2d 601· Fla. 4th DCA· 2000-02-16 ·cited 5×
  The court held that the former husband was denied procedural due process because he received inadequate notice of the hearing.
• Henniger v. Pinellas Cnty.
  7 F. Supp. 2d 1334· M.D. Fla.· 1998-06-25 ·cited 5×
  The court held that a property interest in a building permit, created by state law via equitable estoppel, is protected by procedural due process, not substantive due process. Claims were dismissed for failure to state a claim, lack of ripeness, or failure to exhaust administrati
• G.B.V. Int'l, Ltd. v. Broward Cnty.
  709 So. 2d 155· Fla. 4th DCA· 1998-03-25 ·cited 5×
  The court held that the circuit court erred in granting certiorari review based on issues not decided by the Commission and evidence not presented to them.