Procedural Due Process

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

• State v. Sobieck
  701 So. 2d 96· Fla. 5th DCA· 1997-09-26 ·cited 5×
  The State of Florida appealed the dismissal of nine criminal counts against Jeffrey Sobieck for ticket scalping and related offenses, with Sobieck cross-appealing constitutional challenges to the ticket-scalping statute. The appellate court reversed the dismissal, holding that pr
• Lawson v. Dugger
  844 F. Supp. 1538· S.D. Fla.· 1994-02-16 ·cited 5×
  The court held that the outright ban of Hebrew Israelite literature substantially burdens inmates' First Amendment rights and RFRA rights, and that the Admissible Reading Material Rule satisfies minimal due process requirements.
• Taylor Inv., Ltd. v. Upper Darby Twp.
  983 F.2d 1285· 3d Cir.· 1993-01-25 ·cited 5×
  The appellate court held that the plaintiffs' civil rights claims were not ripe for judicial review because they had not allowed the local zoning authorities to reach a final decision on the matter. The court vacated the district court's judgment and remanded with instructions to
• Frazier v. Garrison I.S.D.
  980 F.2d 1514· 5th Cir.· 1993-01-14 ·cited 5×
  The court held that the teachers' claims under Title VI, Title VII, ADEA, Due Process, and Equal Protection were properly dismissed, affirming the trial court's summary judgment. The court found the Title VI claim time-barred, the EEOA claim abandoned, and the Title VII/ADEA clai
• First Assembly of God of Naples v. Collier Cnty.
  775 F. Supp. 383· M.D. Fla.· 1991-10-04 ·cited 5×
  The court denied the preliminary injunction because the plaintiffs failed to demonstrate a substantial likelihood of success on the merits of their First Amendment free exercise and Fourteenth Amendment procedural due process claims.
• Schowengerdt v. United States
  944 F.2d 483· 9th Cir.· 1991-09-06 ·cited 5×
  The court held that the plaintiff had no reasonable expectation of privacy in his office or credenza due to extreme workplace security measures, and his discharge from the Naval Reserve was not unconstitutional. The court affirmed the summary judgments.
• The IVY Club v. Edwards
  943 F.2d 270· 3d Cir.· 1991-08-21 ·cited 5×
  The court held that Ivy waived its right to reserve federal claims under England by unreservedly litigating them in state proceedings before attempting any reservation, and that the Rooker-Feldman doctrine divests the district court of jurisdiction over claims seeking review of s
• Surplus Store & Exch., Inc. v. City OF Delphi
  928 F.2d 788· 7th Cir.· 1991-04-05 ·cited 5×
  A municipality cannot be held liable under § 1983 for a constitutional violation merely by enforcing state law; a direct causal link between a municipal policy and the violation is required.
• Barnett v. Fairfax Cnty. Sch. Bd.
  927 F.2d 146· 4th Cir.· 1991-01-28 ·cited 5×
  The court held that the school board complied with the Education of the Handicapped Act (EHA) and Section 504 by providing a free appropriate public education at a centralized program, and was not required to duplicate the program at the student's base school.
• Soldal v. Cnty. OF Cook
  923 F.2d 1241· 7th Cir.· 1991-01-24 ·cited 5×
  The court should remand the Fourteenth Amendment claim for trial because the damage to the trailer constituted an independent deprivation of property, and the Fourth Amendment applies to unreasonable seizures in civil proceedings.
• McINERNEY v. Puckett
  919 F.2d 350· 5th Cir.· 1990-12-19 ·cited 5×
  A stale order for a pre-trial psychiatric evaluation, without more, does not mandate a competency hearing, and counsel's deficient performance does not automatically warrant a presumption of prejudice.
• Med. Laundry Servs. v. The Bd. OF Trs. OF the Univ. OF Ala.
  906 F.2d 571· 11th Cir.· 1990-07-19 ·cited 5×
  A simple breach of contract by the State does not rise to the level of a constitutional deprivation actionable under 42 U.S.C. § 1983.
• Lockary v. Kayfetz
  917 F.2d 1150· 9th Cir.· 1990-07-18 ·cited 5×
  The court held that appellants raised triable issues of fact regarding their 'as applied' takings claim and their substantive due process/equal protection claims, but their precondemnation blight claim was not ripe and their procedural due process claims regarding notice were pro
• Phillip G. Spiegel, M.D. v. Univ. OF S. Fla.
  555 So. 2d 428· Fla. 2d DCA· 1989-12-27 ·cited 5×
  A university chairman's contractual position and potential compensation constitute a protected property interest, requiring notice and an opportunity to be heard before termination.
• Med. Laundry Serv. v. The Bd. OF Trs. OF the Univ. OF Ala.
  840 F.2d 840· 11th Cir.· 1988-03-23 ·cited 5×
  A simple breach of contract by the State does not constitute a denial of procedural due process rights actionable under Section 1983.
• Am. Disposal Servs., Inc. v. O'Brien
  839 F.2d 84· 2d Cir.· 1988-02-09 ·cited 5×
  The court held that the district court did not abuse its discretion in dismissing the federal civil rights action based on abstention principles under Colorado River due to parallel state court proceedings.
• Spurlin v. The Sch. Bd. OF Sarasota Cnty.
  520 So. 2d 294· Fla. 2d DCA· 1988-01-08 ·cited 5×
  This case clarifies that a school board's rejection of a superintendent's recommendation for employment need not be limited to the statutory grounds for suspension or termination (the "seven deadly sins"). The court held that "good cause" for rejecting a recommendation encompasse
• United States v. Simpkins
  826 F.2d 94· D.C. Cir.· 1987-08-14 ·cited 5×
  Pretrial detention under the Bail Reform Act is permissible when supported by clear and convincing evidence of danger to the community, and does not violate substantive due process.
• Fonzie O. Martin v. Dallas Cnty.
  822 F.2d 553· 5th Cir.· 1987-07-28 ·cited 5×
  The court held that a claim for deprivation of substantive due process is not barred by the Parratt/Hudson doctrine, but claims for procedural due process violations are barred if the state provides adequate post-deprivation remedies. Summary judgment for the district clerk was a
• Kickapoo Tribe OF Oklahoma v. Rader
  822 F.2d 1493· 10th Cir.· 1987-07-02 ·cited 5×
  The court held that Antonio Anico's parental rights were terminated without adequate notice in violation of due process, but the state court's determination that the Indian Child Welfare Act (ICWA) did not apply was binding on federal courts due to res judicata.
• Davis v. W. Cmty. Hosp.
  786 F.2d 677· 5th Cir.· 1986-04-07 ·cited 5×
  The court held that the district court erred in dismissing the case for want of jurisdiction and in failing to consider statistical evidence, and that collateral estoppel should have been applied.
• Polovchak v. Meese
  774 F.2d 731· 7th Cir.· 1985-09-10 ·cited 5×
  The court held that the Government violated the Polovchaks' due process rights by failing to notify them of the departure control order and grant a hearing. However, the judge dissents on the district court's injunction, arguing it was a necessary remedy.
• Schafer v. The City OF NEW Orleans
  743 F.2d 1086· 5th Cir.· 1984-10-11 ·cited 5×
  The court held that a temporary moratorium on building permits for fast-food restaurants, enacted to allow for a land-use study, did not violate due process or equal protection and was not subject to the same notice requirements as permanent zoning changes.
• United States & T. B. Schopfer v. Harper
  662 F.2d 335· 5th Cir.· 1981-11-23 ·cited 5×
  The validity of a tax assessment cannot be challenged in a summons enforcement proceeding.
• Adams v. Wainwright
  512 F. Supp. 948· N.D. Fla.· 1981-04-15 ·cited 5×
  The court held that the state's prison regulations created a liberty interest for the plaintiff, and the procedures used to transfer him to administrative confinement violated his Fourteenth Amendment due process rights.
• United Steelworkers OF Am. Local 1913 and/or Sam Godich v. Union R.R. Co. Appeal of Sam Godich
  597 F.2d 40· 3d Cir.· 1979-04-27 ·cited 5×
  The court held that the employee had a statutory right to notice of the reconvened hearing and that this right was violated by the Public Law Board.
• Dep't OF Health & Rehabilitative Servs. v. Alper
  375 So. 2d 571· Fla. 4th DCA· 1979-03-14 ·cited 5×
  The Florida Fourth District Court of Appeal affirmed a trial court's injunction prohibiting the Department of Health and Rehabilitative Services from recouping child support collection costs from weekly support payments made for a child. The court held that under applicable law,
• Andrews v. Lt. General William Knowlton
  509 F.2d 898· 2d Cir.· 1975-01-16 ·cited 5×
  The court held that the procedures followed by the U.S. Military Academy in separating cadets for Honor Code violations, including the de novo hearings before a Board of Officers, satisfied due process requirements, even if the initial Cadet Honor Committee proceedings lacked ful
• Scaggs v. Larsen
  396 U.S. 1206· U.S.· 1969-08-05 ·cited 5×
  The court granted the petitioner's motion for release from military custody pending appeal, finding the issue of unlawful military action substantial.
• United States Overseas Airlines, Inc. v. Civil Aeronautics Bd.
  222 F.2d 303· D.C. Cir.· 1955-03-03 ·cited 5×
  Orders of the Civil Aeronautics Board concerning overseas or foreign air transportation, which require Presidential approval, are not subject to judicial review.
• Williams v. Reed
  604 U.S. 168· U.S.· 2025-02-21 ·cited 4×
  Alabama's unemployment benefits statute required claimants to exhaust administrative remedies before suing in state court, including under §1983. The Supreme Court held that when such an exhaustion requirement effectively immunizes state officials from §1983 claims challenging de
• Laurel Point Care & Rehab Ctr., LLC v. Howard
  46 Fla. L. Weekly D639· Fla. 4th DCA· 2021-06-16 ·cited 4×
  An arbitration agreement that specifically references and incorporates the AHLA Alternative Dispute Resolution Service Rules of Procedure constitutes a clear and unmistakable delegation of authority to the arbitrator to determine whether the agreement satisfies the rules' require
• Alexia Athienitis v. Ipermachos Makris
  346 So. 3d 732· Fla. 2d DCA· 2021-05-14 ·cited 4×
  Former Wife appeals a final order enforcing the dissolution judgment and a parenting coordinator referral order, challenging the trial court's reapportionment of parenting coordinator fees. The appellate court reversed the portion of the order awarding reapportionment of Dr. Gaie
• N.B. v. Dep't of Child. & Families
  274 So. 3d 1163· Fla. 3d DCA· 2019-06-05 ·cited 4×
  Florida properly exercised subject matter jurisdiction to terminate parental rights as the child's home state under the UCCJEA, and California's transfer of the case constituted a de facto termination of temporary emergency jurisdiction, allowing Florida to assume continuing juri
• Fratangelo v. Olsen
  271 So. 3d 1051· Fla. 3d DCA· 2018-12-21 ·cited 4×
  Fratangelo petitions for certiorari to review a non-final trial court order denying his motion for entry of final judgment and reconsideration after a bench trial in a complex business dispute with Olsen over missing assets from LLCs. The appellate court dismisses the petition be
• Robert E. Banks v. Jones
  232 So. 3d 963· Fla.· 2017-12-21 ·cited 4×
  The Florida Supreme Court resolved a certified conflict between district courts on whether inmates may use habeas corpus petitions to challenge close management housing assignments. The Court held that habeas corpus remains the proper vehicle for such challenges when the assignme
• Knight v. State
  213 So. 3d 1019· Fla. 1st DCA· 2017-02-21 ·cited 4×
  Brittany Knight, a daycare worker charged with aggravated manslaughter of a child, petitioned for a writ of habeas corpus challenging her $250,000 bail as excessive. The Florida First District Court of Appeal denied her petition, holding that she failed to meet her burden of prov
• Lavender v. State
  203 So. 3d 969· Fla. 2d DCA· 2016-11-04 ·cited 4×
  Byron Damon Lavender appealed his conviction for burglary of a dwelling with assault, challenging two special probation conditions that were not orally pronounced at sentencing. The court affirmed the conviction and sentence, holding that because Lavender had the procedural oppor
• Ceelen v. Grant
  210 So. 3d 128· Fla. 2d DCA· 2016-09-16 ·cited 4×
  Timothy Ceelen appealed a permanent injunction against stalking entered against him. The court reversed and remanded because Ceelen was denied procedural due process when the trial court refused to allow him to present evidence and call witnesses in his defense.
• Safa Suleiman v. Basem Yunis
  168 So. 3d 319· Fla. 5th DCA· 2015-07-02 ·cited 4×
  Former Wife appeals trial court orders awarding temporary custody to Former Husband based on an ex parte emergency motion following her relocation of the parties' four minor children to Polk County. The Fifth District Court of Appeal reversed, finding Former Wife was denied due p
• Sch. Bd. OF Polk Cnty. Fla. v. Renaissance Charter Sch., Inc.
  147 So. 3d 1026· Fla. 2d DCA· 2014-08-06 ·cited 4×
  The court held that the proposed charter school's educational program did not substantially replicate the existing high-performing middle school, as required by statute.
• Rodriguez v. ALS Commercial Funding, LLC
  138 So. 3d 491· Fla. 3d DCA· 2014-04-16 ·cited 4×
  A final judgment of foreclosure is void if the notice of the final hearing was mailed to the party's former address, and they did not receive notice.
• Gen. Elec. Cap. Corp. v. Shattuck
  132 So. 3d 908· Fla. 2d DCA· 2014-02-14 ·cited 4×
  The Florida appellate court reversed a trial court's amended judgment that added sixteen non-party business entities and individuals as judgment debtors in a wrongful death case against a nursing home. The court held that the trial court lacked personal jurisdiction over the newl
• Sewell v. Colee
  132 So. 3d 1186· Fla. 3d DCA· 2014-01-22 ·cited 4×
  The trial court had jurisdiction to consider a renewed motion to vacate a default judgment, and the appellate court erred in affirming its denial.
• Johns v. Johns
  101 So. 3d 377· Fla. 1st DCA· 2012-10-10 ·cited 4×
  The appellate court reversed a domestic violence injunction against Francis M. Johns because the trial court failed to conduct a full evidentiary hearing as required by statute, depriving her of procedural due process. The court held that both parties must have a reasonable oppor
• Rodriguez v. Gov't Emps. Ins. Co.
  80 So. 3d 1042· Fla. 4th DCA· 2011-12-21 ·cited 4×
  Rodriguez sought certiorari review of a circuit court's affirmance of summary judgment in favor of GEICO and an award of attorneys' fees to GEICO. The District Court of Appeal reversed the attorneys' fees award, holding that Rodriguez was entitled to fees under section 627.428 fo
• Hardin v. Monroe Cnty.
  64 So. 3d 707· Fla. 3d DCA· 2011-05-18 ·cited 4×
  Michele Hardin appealed a code enforcement board's violation order after more than ten years of litigation, challenging three orders issued by the Special Master. The District Court of Appeal granted her petition for certiorari, quashing the Circuit Court's jurisdictional finding
• Chmura v. Maxson
  46 So. 3d 158· Fla. 2d DCA· 2010-10-27 ·cited 4×
  Linda Chmura sought certiorari review of a circuit court order dismissing her appeal from a small claims judgment for failure to file a reply brief. The District Court of Appeal held that the circuit court departed from the essential requirements of law by dismissing the appeal,
• State of Fla. Dep't OF Fin. Servs. v. Branch Banking & Tr. Co.
  40 So. 3d 829· Fla. 1st DCA· 2010-07-13 ·cited 4×
  The Florida First District Court of Appeal reversed trial court orders that granted a bank offsets against pledged certificates of deposit held by insurance companies in receivership, finding that the trial court violated the receiver's procedural due process rights by determinin
• Miami-Dade Cnty. v. Thomas and Michelle Torbert
  39 So. 3d 482· Fla. 3d DCA· 2010-07-07 ·cited 4×
  The circuit court's one-sentence opinion reversing the County's zoning decision was an improper per curiam reversal, departing from the essential requirements of law.