Procedural Due Process

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

• Nat'l Airlines, Inc. v. Air Line Pilots Ass'n
  154 So. 2d 843· Fla. 3d DCA· 1963-07-09 ·cited 4×
  National Airlines appeals from a summary judgment granting a permanent injunction against it for allegedly violating a collective bargaining agreement with the Air Line Pilots Association by requiring pilots to fly more than 85 hours per month. The court reversed, holding that th
• Trent Boyes v. United States
  298 F.2d 828· 8th Cir.· 1962-02-07 ·cited 4×
  The court held that the appellant's waiver of indictment and subsequent conviction were valid, as he was not subject to capital punishment and the waiver was properly executed.
• Gonzales v. United States
  269 F.2d 613· 10th Cir.· 1959-07-27 ·cited 4×
  The court held that the appellant's conviction for refusing induction was valid because the Selective Service Board's classification was supported by evidence of misrepresentation regarding his ministerial status, and he was afforded due process.
• United States v. Neill
  248 F.2d 383· 7th Cir.· 1957-10-11 ·cited 4×
  The court held that the district court had proper venue and that the modified order to report for civilian work was lawful, despite alterations to the standard form.
• Sandner v. United States
  248 F.2d 361· 9th Cir.· 1957-09-24 ·cited 4×
  The court held that the appellant received adequate procedural due process, including notice of adverse evidence and opportunity to respond, and that a second hearing was not required.
• Lise Haas v. Humphrey
  246 F.2d 682· D.C. Cir.· 1957-05-16 ·cited 4×
• YEE SI v. Boyd
  243 F.2d 203· 9th Cir.· 1957-04-10 ·cited 4×
  An alien admitted for a temporary period under the Immigration Act of 1924 cannot claim indefinite stay rights under a treaty if the treaty's implementing statutes were repealed before entry and subsequent Congressional acts modified treaty provisions.
• Pub. Util. Dist. NO. 1 OF Douglas Cnty. v. Fed. Power Comm'n
  242 F.2d 672· 9th Cir.· 1957-02-28 ·cited 4×
  The court held that the Federal Power Commission's failure to grant a hearing to an aggrieved party, despite their protest, divested the Commission of power to issue its order, and this procedural defect is reviewable even without timely objection in the rehearing application.
• S. Bell Tel. & Tel. Co. v. Nineteen Hundred ONE Collins Corp.
  83 So. 2d 865· Fla.· 1955-11-02 ·cited 4×
  The Florida Supreme Court reversed the trial court's decision striking down anti-gambling statutes regulating telephone and telegraph services used for illegal bookmaking. The Court held that Chapter 365 and Section 561.291 are constitutional exercises of the state's police power
• United States v. Gen. BOX Co.
  224 F.2d 7· 5th Cir.· 1955-06-17 ·cited 4×
  The United States is not liable for timber destroyed during levee enlargement because the land was subject to a riparian servitude appropriated by the levee board under Louisiana law, which does not require compensation for batture or unassessed property used for levees.
• Magnolia Petroleum Co. v. The Carter OIL Co.
  218 F.2d 1· 10th Cir.· 1954-08-30 ·cited 4×
  A recorded mineral deed interest in state school lands sold under a deferred payment contract is subject to forfeiture upon cancellation of the contract for non-payment, without prior notice to the mineral deed holder.
• Lyle v. Eidson
  197 F.2d 327· 8th Cir.· 1952-06-18 ·cited 4×
  The court held that an appeal from a denial of state prisoner habeas corpus relief is not reviewable without a certificate of probable cause.
• Hart v. United States
  178 F.2d 357· 8th Cir.· 1949-12-22 ·cited 4×
  The court held that the district court correctly denied the defendant's motion to vacate his sentence.
• Jace Andrews v. McKim & Creed & Travelers Prop. Cas.
  355 So. 3d 957· Fla. 1st DCA· 2023-02-01 ·cited 3×
  The appellate court reversed a Judge of Compensation Claims (JCC) decision that denied a claimant's request for a one-time change of physician. The court found that the claimant's right to select a physician was not waived by dismissing a prior petition or by the employer/carrier
• S.H. v. Dep't of Child. & Families
  264 So. 3d 1094· Fla. 5th DCA· 2019-02-14 ·cited 3×
  Terminating parental rights on a ground not pled in the petition constitutes a denial of procedural due process rights of notice and a fair hearing, requiring reversal and remand. A parent has a fundamental liberty interest in her offspring and cannot be deprived of that interest
• Biscayne Marine P'rs v. City of Miami
  273 So. 3d 97· Fla. 3d DCA· 2019-02-13 ·cited 3×
  A hearing officer and reviewing court properly defer to a public procuring agency's interpretation of RFP specifications and its determination of bid responsiveness when the agency has exercised its discretion absent illegality, fraud, oppression, or misconduct. No clearly establ
• Mid-Continent Cas. Co. v. R.W. Jones Constr., Inc.
  227 So. 3d 785· Fla. 5th DCA· 2017-10-20 ·cited 3×
  Mid-Continent Casualty Company appeals a trial court order enforcing a mediated settlement agreement and awarding Carr Law Firm $510,000 from escrowed funds. The appellate court reverses, finding the trial court erred in holding MCC judicially estopped from challenging Carr Law's
• Barrios v. State
  225 So. 3d 973· Fla. 3d DCA· 2017-08-30 ·cited 3×
  Court reversed summary denial of defendant's Rule 3.801 motion for correction of jail sentence, holding that trial court must allow amendment of a timely but facially insufficient motion before denying it.
• Priority Med. Rehab. Inc. v. United Auto. Ins. Co.
  227 So. 3d 672· Fla. 3d DCA· 2017-08-09 ·cited 3×
  The appellate division correctly applied the law by affirming summary judgment for the insurer, as the insured's failure to disclose a household member on the policy application only barred claims arising from that undisclosed individual's use of the vehicle.
• The Town OF Ponce Inlet v. Pacetta, LLC
  226 So. 3d 303· Fla. 5th DCA· 2017-06-16 ·cited 3×
  The Town of Ponce Inlet appeals a $30.7 million judgment awarded to Pacetta, LLC for inverse condemnation and constitutional violations arising from the town's rejection of a proposed mixed-use waterfront development. This is the third appellate proceeding, reversing the damages
• Golant v. State
  202 So. 3d 946· Fla. 4th DCA· 2016-11-02 ·cited 3×
  Stuart Golant appeals a direct criminal contempt finding and $500 fine imposed during foreclosure proceedings. The Fourth District Court of Appeal reversed and remanded because the trial court failed to follow the procedural requirements of Florida Rule of Criminal Procedure 3.83
• State v. Brown
  179 So. 3d 547· Fla. 3d DCA· 2015-11-25 ·cited 3×
  The Florida Department of Highway Safety and Motor Vehicles sought second-tier certiorari review of a circuit court's decision that quashed a driver's license suspension based on alleged deficiencies in affidavits submitted during an administrative hearing. The appellate court re
• The Dep't OF Child. & Families v. N.M.
  201 So. 3d 119· Fla. 3d DCA· 2015-09-24 ·cited 3×
  Florida appellate court reversed a $500 contempt fine against the Department of Children and Families for failing to timely file a case plan because the trial court failed to follow required contempt procedures and did not allow the Department to present evidence regarding willfu
• State v. Bennett
  125 So. 3d 367· Fla. 3d DCA· 2013-11-13 ·cited 3×
  The Florida Department of Highway Safety and Motor Vehicles sought certiorari review of a circuit court decision that quashed an administrative suspension of Bennett's driving privileges. The Third District Court of Appeal held that administrative hearing officers have broad auth
• Carrizosa v. Dep't of Hwy. Safety & Motor Vehicles
  124 So. 3d 1017· Fla. 2d DCA· 2013-11-06 ·cited 3×
  Juan Carrizosa sought review of a driver's license suspension imposed after he failed a breath test following a DUI arrest. The court held that he was entitled to challenge the lawfulness of the traffic stop, even though the administrative hearing officer's statutory scope of rev
• Seminole Tribe OF Florida v. Hendry Cnty.
  106 So. 3d 19· Fla. 2d DCA· 2013-01-23 ·cited 3×
  The Seminole Tribe of Florida sought certiorari review to quash Hendry County's rezoning ordinance for a natural gas power plant and solar farm, arguing it violated local development code requirements and failed to address compatibility with the adjacent Big Cypress Reservation.
• Weissman v. Weissman
  102 So. 3d 718· Fla. 2d DCA· 2012-12-12 ·cited 3×
  The former husband sought certiorari review of an ex parte emergency order that prohibited all contact with his three minor children for ninety days following a residential treatment program in California. The appellate court granted the petition in part, quashing the ninety-day
• City of Fort Lauderdale v. Scott
  773 F. Supp. 2d 1355· S.D. Fla.· 2011-02-28 ·cited 3×
  The court granted the motion to dismiss for failure to state a claim, finding some claims inadequately pleaded and others barred by sovereign immunity or procedural rules, but granted leave to amend.
• Golden v. State
  54 So. 3d 575· Fla. 1st DCA· 2011-02-07 ·cited 3×
  The appellate court reversed the trial court's denial of a Rule 1.540(b) motion for relief from judgment where the appellant claimed he did not receive notice of an order denying his motions for declaratory judgment until after the appeal deadline expired, and remanded for an evi
• Skinner v. State
  31 So. 3d 940· Fla. 1st DCA· 2010-04-07 ·cited 3×
  Stephen Skinner was arrested for DUI following a motor vehicle crash, but the trial court granted his motion to suppress evidence after finding no competent substantial evidence he was the driver. The trial court later reversed itself based on a mistaken belief that a witness had
• State v. Boesch
  979 So. 2d 1024· Fla. 3d DCA· 2008-03-05 ·cited 3×
  The Florida Department of Highway Safety and Motor Vehicles challenged a circuit court order that quashed an administrative hearing officer's suspension of James Boesch's driver's license for refusing a breath test in a DUI case. The district court held that the hearing officer's
• Pro-Art Dental LAB, Inc. v. V-Strategic Grp., LLC
  959 So. 2d 753· Fla. 4th DCA· 2007-04-25 ·cited 3×
  A tenant's defensive motions in a Chapter 51 proceeding do not toll the mandatory five-day period for filing an answer, and an untimely answer filed after the expiration of this period but before a default is entered does not preclude the entry of default.
• United States v. Madera
  474 F. Supp. 2d 1257· M.D. Fla.· 2007-01-16 ·cited 3×
  The court held that the Adam Walsh Child Protection and Safety Act of 2006, including SORNA, is constitutional and applies retroactively to the defendant.
• Am. Civil Liberties Union v. Miami-Dade Cnty. Sch. Bd.
  439 F. Supp. 2d 1242· S.D. Fla.· 2006-07-24 ·cited 3×
  The court granted plaintiffs' motion for a preliminary injunction, enjoining defendants from removing books from school libraries pending further proceedings.
• Escobar v. United Auto. Ins. Co.
  898 So. 2d 952· Fla. 3d DCA· 2005-02-02 ·cited 3×
  Victor Escobar sought certiorari review of a circuit court's reversal of a trial court's partial summary judgment on whether an insurance contract was ambiguous regarding his obligation to attend an examination under oath. The Florida District Court of Appeal held that determinin
• Town OF Juno Beach v. McLEOD
  832 So. 2d 864· Fla. 4th DCA· 2002-11-20 ·cited 3×
  The Town of Juno Beach rezoned a small parcel from residential to commercial office use as part of a comprehensive plan amendment. The circuit court quashed the rezoning as spot zoning and unsupported by competent substantial evidence. The Fourth District Court of Appeal reversed
• Moreland v. Miami-Dade Cnty.
  255 F. Supp. 2d 1304· S.D. Fla.· 2002-11-13 ·cited 3×
  Summary judgment is granted for the defendant on federal and state racial discrimination claims and procedural due process claims, as the plaintiff failed to establish a prima facie case and show pretext, and adequate state remedies existed.
• M.W. the Mother of J.W. v. Dep't of Child. & Families
  792 So. 2d 1241· Fla. 1st DCA· 2001-08-30 ·cited 3×
  The appellate court reversed the trial court's summary denial of a habeas corpus petition and remanded for the trial court to properly consider the mother's request for a belated appeal in a parental rights termination case, requiring findings of fact on entitlement to the belate
• Atagun Serifsoy & Bridgeview Ests., Ltd. v. The City OF Lake Worth & Andy & Nancy Custer
  789 So. 2d 1173· Fla. 4th DCA· 2001-07-11 ·cited 3×
  The circuit court erred by dismissing a petition for writ of certiorari as untimely without holding an evidentiary hearing to resolve conflicting filing dates.
• Gainer v. City of Winter Haven
  170 F. Supp. 2d 1225· M.D. Fla.· 2001-06-13 ·cited 3×
  The court held that the plaintiffs' First Amendment claims failed because their speech was not a matter of public concern or did not play a substantial part in their termination, and their procedural due process claims failed due to adequate state remedies.
• Najjar v. Reno
  97 F. Supp. 2d 1329· S.D. Fla.· 2000-05-31 ·cited 3×
  The court held that it had jurisdiction to review the petitioner's habeas corpus petition challenging his detention without bond, as the bond redetermination was a separate proceeding from the final order of deportation. The court vacated the bond redetermination decisions and re
• Smith v. The City OF W. Palm Beach
  756 So. 2d 166· Fla. 4th DCA· 2000-03-22 ·cited 3×
  Petitioner Smith sought a writ of certiorari to quash the circuit court's affirmance of the Zoning Board of Appeals' denial of his variance request. The appellate court denied the petition, holding that the circuit court correctly applied the standard of review for zoning varianc
• LAS Olas Tower Co. v. City OF Fort Lauderdale
  733 So. 2d 1034· Fla. 4th DCA· 1999-01-06 ·cited 3×
  Three consolidated cases involving zoning and site plan approval disputes in Fort Lauderdale's Central Business District. The court addresses whether the City properly applied setback requirements and site plan approval criteria under the CBD overlay zoning ordinance.
• Natale v. Broward Cnty.
  987 F. Supp. 926· S.D. Fla.· 1997-10-28 ·cited 3×
  The court held that the plaintiffs' procedural due process claim failed because the arbitration process provided an adequate remedy for any alleged bias in the pre-termination hearing, and their First Amendment retaliation claim failed because their speech addressed personal grie
• Am. Recycling Co., Inc. v. Cnty. of Manatee
  963 F. Supp. 1572· M.D. Fla.· 1997-05-06 ·cited 3×
  The court held that the defendant's actions and communications, particularly the authorization to proceed with negotiations and the subsequent correspondence, could create a binding contract even before a formal written agreement was executed, thus potentially precluding summary
• Bensch v. Metro. Dade Cnty.
  952 F. Supp. 790· S.D. Fla.· 1996-12-16 ·cited 3×
  The court held that the inverse condemnation claim (Count II) was not ripe because plaintiffs failed to exhaust state remedies, and the trespass claim (Count III) was barred by the Eleventh Amendment. The court denied the motion to drop parties, but encouraged future motions to a
• Baggs v. City of S. Pasadena
  947 F. Supp. 1580· M.D. Fla.· 1996-11-25 ·cited 3×
  The court granted summary judgment for the defendant on federal claims, dismissing the procedural and substantive due process and equal protection claims, and remanded the state law claims.
• Brown v. Walton Cnty.
  667 So. 2d 376· Fla. 1st DCA· 1995-11-29 ·cited 3×
• Miner v. City OF Glens Falls
  999 F.2d 655· 2d Cir.· 1993-07-26 ·cited 3×
  The court held that while the district court improperly shifted the burden of proving causation, the plaintiff was entitled to a judgment as a matter of law on causation because he presented sufficient evidence at the summary judgment stage, and thus the damages award is affirmed
• Hoye v. Louis W. Sullivan, M.D.
  985 F.2d 990· 9th Cir.· 1992-11-24 ·cited 3×
  The court held that the claimant's unsubstantiated allegation of ALJ bias did not present a colorable constitutional claim, thus the district court lacked subject matter jurisdiction to review the administrative decision.