Procedural Due Process

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

• United Auto. Ins. Co. v. Peter F. Merkle, M.D., P.A.
  32 So. 3d 159· Fla. 4th DCA· 2010-03-17 ·cited 4×
  United Automobile Insurance Company sought certiorari review of a circuit court's decision affirming summary judgment against it in a PIP benefits dispute. The Fourth District held that the circuit court departed from essential requirements of law by affirming on grounds of techn
• Gilberto and Sandra Gamez v. First Union Nat'l Bank OF Fla.
  31 So. 3d 220· Fla. 4th DCA· 2010-03-10 ·cited 4×
  The court held that the notice provided under section 56.21, Florida Statutes, satisfied the Gamezes' procedural due process rights, and thus the trial court did not err in denying their motion to quash the levy authorization.
• R.N. v. Dep't OF Child. & Families
  25 So. 3d 697· Fla. 5th DCA· 2010-01-20 ·cited 4×
  A father challenged a trial court's amendment of his dependency case plan to require completion of a batterer's intervention program following a new domestic violence incident in front of the children. The Florida appellate court denied the petition, holding that the case plan am
• Penelope Lankheim v. Fla. Atl. Univ.
  992 So. 2d 828· Fla. 4th DCA· 2008-09-24 ·cited 4×
  Penelope Lankheim, a registered student at Palm Beach Community College (PBCC) attending classes on FAU's campus, appealed summary judgment dismissing her claim for injunctive relief challenging trespass warnings issued against her by Florida Atlantic University. The court held t
• McNa v. Commc'ns Inter-Local Agency
  551 F. Supp. 2d 1343· M.D. Fla.· 2008-03-12 ·cited 4×
  The court held that the Americans with Disabilities Act (ADA) and Age Discrimination in Employment Act (ADEA) provide exclusive remedies, thus barring claims under 42 U.S.C. § 1983 based on those statutes, and that the plaintiff failed to sufficiently plead an Equal Protection cl
• Storm v. Decker
  971 So. 2d 165· Fla. 5th DCA· 2007-12-21 ·cited 4×
  Glenn Storm appeals a final injunction for protection against repeat violence issued by the trial court. The appellate court reversed the injunction, finding that Storm was denied due process when the trial court refused to continue the final hearing to allow Storm and his attorn
• Fine v. City OF Coral Gables
  958 So. 2d 433· Fla. 3d DCA· 2007-05-02 ·cited 4×
  The Fines sought a variance to install a metal roof on their home in Coral Gables but were denied by the City Commission. They petitioned for certiorari review, which the circuit court denied without issuing a show cause order. The appellate court affirmed, holding that the circu
• State v. Garcia
  935 So. 2d 542· Fla. 3d DCA· 2006-06-28 ·cited 4×
  The district court held that the circuit court correctly applied the law in quashing the administrative suspension of the driver's license because the hearing officer improperly relied on an intoxilyzer print card belonging to a different individual.
• Media Gen. Operations, Inc. v. State of Fla. & David Lee Onstott
  933 So. 2d 1199· Fla. 2d DCA· 2006-06-23 ·cited 4×
  The court held that the trial court's orders allowing the defendant to file motions ex parte and under seal departed from the essential requirements of law, as the intervening party was entitled to notice and an opportunity to be heard.
• Of the William B. Chandler III Chancellor
  2005 WL 3359113· Del. Ch.· 2006-06-19 ·cited 4×
  The court granted the defendants' motion for summary judgment, finding that Section 81 of the Bond Bill was a constitutional exercise of legislative authority that did not violate separation of powers principles or the one-subject rule. The court further held that the alleged int
• Garcia v. State
  909 So. 2d 971· Fla. 3d DCA· 2005-09-07 ·cited 4×
  Garcia appeals an order denying his motion to declare Florida's Sexual Offender Registration Act unconstitutional on due process grounds. The court affirmed the denial, holding that the Act's registration requirements are constitutional because they are based on the fact of prior
• Snyder v. City Council OF the City OF Palmetto
  902 So. 2d 910· Fla. 2d DCA· 2005-06-03 ·cited 4×
  Property owners sought certiorari review of a city council's decision to disapprove an ordinance that would have increased density on their land. The court affirmed the circuit court's denial of certiorari, holding that the city council properly refused to enact the ordinance and
• Rockallen Green v. Dep't of Hwy. Safety & Motor Vehicles
  905 So. 2d 922· Fla. 1st DCA· 2005-05-23 ·cited 4×
  The circuit court correctly applied the law and afforded procedural due process in denying the petition for writ of certiorari.
• Jackson v. State
  902 So. 2d 193· Fla. 5th DCA· 2005-04-01 ·cited 4×
  Michael Jackson appeals his burglary conviction and twenty-year sentence, challenging both jury selection procedures and conditions of probation. The court affirmed the conviction and sentence but partially struck and remanded certain probation conditions that were included in th
• Collins v. Hendrickson
  371 F. Supp. 2d 1326· M.D. Fla.· 2005-01-26 ·cited 4×
  The Florida Parole Commission violated Petitioner's due process rights by disregarding a hearing examiner's factual findings and substituting its own in revoking his control release.
• Johnson v. State
  875 So. 2d 1281· Fla. 5th DCA· 2004-07-02 ·cited 4×
• R.M. v. Dep't of Child. & Families
  877 So. 2d 797· Fla. 5th DCA· 2004-07-02 ·cited 4×
  A parent is entitled to notice and an opportunity to be heard regarding the amount of temporary child support assessed after a child is taken into state custody, even if a probable cause finding for dependency has been made.
• Sarasota Cnty. v. BDR Invs., L.L.C.
  867 So. 2d 605· Fla. 2d DCA· 2004-03-05 ·cited 4×
  The circuit court failed to apply the correct law when reviewing the Board's denial of a rezoning petition, requiring the appellate court to quash the circuit court's order.
• Duckworth v. Dep't OF Corr. & Fla. Parole Comm'n
  867 So. 2d 550· Fla. 1st DCA· 2004-02-27 ·cited 4×
  The circuit court erred by denying Duckworth's habeas corpus petition without an order to show cause where he adequately alleged that the hearing examiner failed to subpoena two material witnesses for his conditional release revocation hearing.
• Surrey Place OF Ocala v. Goodwin
  861 So. 2d 1291· Fla. 5th DCA· 2004-01-09 ·cited 4×
  The trial court did not err in granting leave to amend a complaint to add a punitive damages claim without conducting an oral hearing, as the statute does not mandate one.
• White v. State
  866 So. 2d 703· Fla. 4th DCA· 2003-10-22 ·cited 4×
  The court affirmed the trial court's order declaring the defendant a sexual predator, finding the statute constitutional.
• Dep't of Hwy. Safety & Motor Vehicles v. Bailey
  870 So. 2d 47· Fla. 2d DCA· 2003-10-17 ·cited 4×
  The circuit court exceeded its scope of certiorari review by ordering the reinstatement of Bailey's driver's license.
• Dep't OF Hwy. Safety & Motor Vehicles v. Snell
  832 So. 2d 177· Fla. 5th DCA· 2002-11-15 ·cited 4×
  The Florida Department of Highway Safety & Motor Vehicles petitioned for certiorari review of a circuit court order that quashed an administrative suspension of Walter Snell's driver's license without affording the DHSMV procedural due process. The court held that while a circuit
• Mellie T. Baron v. First Union Nat'l Bank of Fla.
  792 So. 2d 708· Fla. 5th DCA· 2001-08-31 ·cited 4×
  Mellie Baron appeals the dismissal of her county court appeal for failure to file a required appellate brief. The Fifth District Court of Appeal treated her appeal as a petition for a writ of certiorari and denied relief, finding that the circuit court properly dismissed her appe
• Card v. Miami-Dade Cnty. Fla.
  147 F. Supp. 2d 1334· S.D. Fla.· 2001-05-29 ·cited 4×
  Forest Card sued Miami-Dade County for false imprisonment and civil rights violations under 42 U.S.C. § 1983 after being detained for 27 days pending a court-ordered psychiatric evaluation that was never performed. The district court granted summary judgment for the County on bot
• Jairaj Raghunandan v. Miami-Dade Cnty.
  777 So. 2d 1009· Fla. 3d DCA· 2000-12-20 ·cited 4×
  A Miami-Dade County employee fired during a high-profile billing scandal challenges his demotion through certiorari review. The court affirms the circuit court's decision, holding that the County Manager properly rejected the hearing examiner's findings on incompetence as a matte
• Lawnwood Med. Ctr., Inc. v. Perry R. Lloyd, III, M.D.
  773 So. 2d 114· Fla. 4th DCA· 2000-12-20 ·cited 4×
  The court affirmed a temporary injunction in a medical staff dispute but remanded for a hearing on bond amount after finding the trial court failed to allow appellants to address the bond.
• Harrison v. Neumann
  760 So. 2d 1015· Fla. 4th DCA· 2000-06-14 ·cited 4×
  Former deputy sheriff Harrison challenged his termination by seeking certiorari review of a circuit court decision affirming his dismissal. The Florida District Court of Appeal reversed because the hearing review board failed to include written findings of fact and conclusions of
• Genel Altimeaux v. Ocean Constr., Inc.
  752 So. 2d 670· Fla. 2d DCA· 2000-02-04 ·cited 4×
  Genel Altimeaux, a Haitian immigrant with limited English proficiency, was disqualified from unemployment benefits by a referee after missing a rescheduled hearing he claimed not to have received notice of. The Florida Unemployment Appeals Commission (UAC) dismissed his untimely
• Windward Marina, L.L.C. v. City OF Destin & The Destin City Council
  743 So. 2d 635· Fla. 1st DCA· 1999-11-17 ·cited 4×
  Windward Marina challenged the City of Destin's denial of its development order for a dry-dock marina near the harbor mouth, claiming the city lacked authority to consider boat traffic impacts. The appellate court affirmed the denial, holding that while boat traffic is not a list
• State v. Wichmann
  726 So. 2d 380· Fla. 2d DCA· 1999-02-12 ·cited 4×
  The court held that the trial court erred in finding the DUI vehicle impoundment statute unconstitutional because the issue was not properly raised and the statute had previously been upheld.
• United States v. Davenport
  151 F.3d 1325· 11th Cir.· 1998-08-25 ·cited 4×
  Davenport pleaded guilty to conspiracy to possess cocaine with intent to distribute and was sentenced after absconding and being arrested only three hours before his sentencing hearing. The Eleventh Circuit held that a defendant's flight does not constitute a waiver of the statut
• Rowe v. City of Fort Lauderdale
  8 F. Supp. 2d 1369· S.D. Fla.· 1998-05-06 ·cited 4×
  The court granted most motions to dismiss, finding various claims barred by statutes of limitations, immunity doctrines, or failure to state a claim, while denying motions to strike punitive damages demands.
• Bridgett M. Conley v. Cannon
  708 So. 2d 306· Fla. 2d DCA· 1998-03-06 ·cited 4×
  The court held that the petition for a writ of habeas corpus must be denied because the controversy has been rendered moot by the vacation of the contempt order and resulting incarceration.
• Seminole Cnty. Bd. OF Cnty. Comm'rs v. Eden Park Vill., Inc.
  699 So. 2d 334· Fla. 5th DCA· 1997-09-26 ·cited 4×
  The Florida appellate court grants in part a petition for certiorari challenging a circuit court's decision to quash a county board's denial of a special exception for a residential expansion. While affirming the circuit court's substantive decision and finding no procedural due
• GAY v. State
  697 So. 2d 179· Fla. 1st DCA· 1997-07-07 ·cited 4×
  The court reversed the trial court's denial of a mandamus motion for criminal defense records because the trial court failed to follow the proper alternative writ procedure and denied the appellant notice and opportunity to be heard.
• Netz v. Jacksonville Sheriff's Off.
  668 So. 2d 235· Fla. 1st DCA· 1996-02-07 ·cited 4×
  A deputy sheriff challenged the circuit court's reversal of the Civil Service Board's decision to suspend him for 30 days rather than terminate him. The District Court of Appeal held that the circuit court improperly reweighed evidence and substituted its judgment for the agency'
• Villas of Lake Jackson, Ltd. v. Leon Cnty.
  906 F. Supp. 1509· N.D. Fla.· 1995-11-20 ·cited 4×
  The court held that a due process takings claim is not a distinct cause of action but rather a substantive due process claim, and that the property interest at issue must be considered as a whole, not as severable strands.
• Wright v. Wright
  654 So. 2d 674· Fla. 5th DCA· 1995-05-19 ·cited 4×
  In this dissolution action, the Fifth District Court of Appeal reversed a trial court order suspending the husband's temporary support obligation, holding that the modification violated procedural due process because the wife was not given adequate advance notice of the motion to
• Resorts Mgmt., Inc. v. Olsen
  651 So. 2d 194· Fla. 2d DCA· 1995-02-24 ·cited 4×
  The court affirmed a temporary injunction restricting fund transfers from a limited partnership by the general partner but reversed the bond amount determination because the trial court improperly denied the defendants an opportunity to present evidence on the bond.
• Villas of Lake Jackson, Ltd. v. Leon Cnty.
  884 F. Supp. 1544· N.D. Fla.· 1995-02-10 ·cited 4×
  The court held that collateral estoppel precluded relitigation of standing for two plaintiffs who were parties to the state litigation, but not for the other plaintiffs who were not parties to the state case.
• Sipes v. Gen. Dev. Corp. (In Re Gen. Dev. Corp.)
  177 B.R. 1000· S.D. Fla.· 1995-01-27 ·cited 4×
  The court affirmed the Bankruptcy Court's order, holding that the Sipes were not denied due process and that their homesite purchase agreement was an executory contract subject to rejection under the Bankruptcy Code.
• Scritchfield v. State
  648 So. 2d 1246· Fla. 2d DCA· 1995-01-20 ·cited 4×
  This case reviews a driver's license suspension for refusing a breathalyzer test. The appellate court denied the driver's petition for certiorari, finding that his arguments regarding the arresting officer's absence and the voluntariness of his refusal were either waived or witho
• New Port Largo, Inc. v. Monroe Cnty.
  873 F. Supp. 633· S.D. Fla.· 1994-12-21 ·cited 4×
  The court held that the plaintiff's Fifth Amendment takings claim was not ripe because it failed to exhaust state remedies for inverse condemnation. However, the due process claims were ripe.
• Duke v. Smith
  13 F.3d 388· 11th Cir.· 1994-02-03 ·cited 4×
  The Eleventh Circuit reversed the district court's dismissal of a § 1983 action challenging Florida's presidential primary ballot access statute, holding that the Presidential Candidate Selection Committee's reconsideration process constituted state action subject to constitution
• Portman v. Cnty. OF Santa Clara
  995 F.2d 898· 9th Cir.· 1993-06-09 ·cited 4×
  The court held that the public defender lacked standing to assert his clients' Sixth Amendment rights because those claims were not ripe, and he had no constitutionally protected property interest in his job as an at-will employee.
• In the Interest of A.M.
  614 So. 2d 1161· Fla. 4th DCA· 1993-02-17 ·cited 4×
  The appellate court held that there was sufficient evidence to support the trial court's termination of parental rights based on failure to comply with performance agreements and abandonment.
• Leon Cnty. v. Mitchell
  611 So. 2d 104· Fla. 1st DCA· 1992-12-31 ·cited 4×
• In re Nineteen Appeals Arising Out of the San Juan Dupont Plaza Hotel Fire Litig.
  982 F.2d 603· 1st Cir.· 1992-12-11 ·cited 4×
  The court held that the district court's procedures for awarding attorneys' fees and costs violated procedural due process by severely limiting the participation of individual retained attorneys (IRPAs) in a critical fee determination hearing.
• McMATH v. City OF Gary
  976 F.2d 1026· 7th Cir.· 1992-09-28 ·cited 4×
  The court held that while the plaintiff's complaint adequately alleged a violation of a liberty interest to survive a motion to dismiss, there was insufficient evidence presented at trial to link the defendants to the public dissemination of stigmatizing statements about the plai