Procedural Due Process

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

• Basham v. Freda
  805 F. Supp. 930· M.D. Fla.· 1992-09-18 ·cited 3×
  The court held that the plaintiffs were not entitled to a preliminary injunction because they failed to demonstrate a substantial likelihood of success on the merits, despite meeting other criteria.
• Larrabee v. Derwinski
  968 F.2d 1497· 2d Cir.· 1992-06-26 ·cited 3×
  The court held that 38 U.S.C. § 511, as amended by the VJRA, precludes district court jurisdiction over claims challenging the VA's provision of benefits, including due process claims, except for facial challenges to the statute itself.
• State OF Cal. v. Fed. Energy Regulatory Comm'n
  966 F.2d 1541· 9th Cir.· 1992-04-03 ·cited 3×
  The court held that FERC did not err in reopening negotiations for stream flow recommendations and that its final stream flow determination was supported by substantial evidence. The court also found no undue Congressional influence on FERC's decisions.
• United States v. Int'l Bhd. OF Teamsters, Chauffeurs, Warehousemen & Helpers OF Am., AFL-CIO
  954 F.2d 801· 2d Cir.· 1992-01-22 ·cited 3×
  The court held that the district court's order enforcing the Independent Administrator's decision was proper, as Star Market received adequate procedural safeguards and its arbitration award was preempted by the Consent Decree's Election Rules.
• E.T. v. State
  587 So. 2d 615· Fla. 1st DCA· 1991-10-10 ·cited 3×
  The court held that a juvenile's contempt hearing was procedurally flawed because the trial court failed to provide the necessary due process protections for indirect criminal contempt.
• Meyers v. City OF Cincinnati
  934 F.2d 726· 6th Cir.· 1991-06-07 ·cited 3×
  The court held that the plaintiff's speech regarding affirmative action was protected under the First Amendment, and the city's disciplinary action based on that speech violated his rights. However, the court also held that the plaintiff's due process rights were not violated bec
• Baker v. Alderman
  766 F. Supp. 1112· M.D. Fla.· 1991-06-03 ·cited 3×
  Summary judgment is granted to Defendants on all claims, as Plaintiff resigned by operation of law and the court lacks jurisdiction over the constitutional claim due to the Rooker-Feldman doctrine.
• Fla. Pawnbrokers & Secondhand Dealers Ass'n v. City of Fort Lauderdale
  699 F. Supp. 888· S.D. Fla.· 1988-11-17 ·cited 3×
  The court reversed a summary judgment awarding a real estate commission, finding that a new lease for the same property did not constitute a renewal of the original lease as contemplated by the commission agreement.
• Spallone v. United States
  487 U.S. 1251· U.S.· 1988-09-01 ·cited 3×
  The Court denied a stay of contempt sanctions against the city of Yonkers but granted a stay for four city councilmembers. Justice Marshall, dissenting, argued that the Court should deny the stay for the councilmembers as well, finding that the claims presented by the city and th
• United States v. Holland
  850 F.2d 1048· 5th Cir.· 1988-07-25 ·cited 3×
  The court held that the record was insufficient to support the probation revocation because it did not demonstrate that the defendant was afforded his minimum due process rights, including the opportunity to be heard and present evidence.
• Shuttleworth v. Broward Cnty.
  639 F. Supp. 654· S.D. Fla.· 1986-07-08 ·cited 3×
  The court held that exhaustion of administrative remedies is not required for claims under Section 504 of the Rehabilitation Act, and that claims under Section 1983 are not precluded by the Rehabilitation Act. The court also found that the plaintiff met Florida's statutory notice
• Ward v. Downtown Dev. Auth.
  786 F.2d 1526· 11th Cir.· 1986-04-21 ·cited 3×
  The court held that a tenancy at will is a compensable property interest under the Fifth Amendment, and that a state-created property interest can form the basis for a § 1983 claim for due process and equal protection violations.
• City OF Hollywood v. Miller
  471 So. 2d 655· Fla. 4th DCA· 1985-06-26 ·cited 3×
  The City of Hollywood appealed a class action summary judgment awarding parking ticket payers over $548,000 in damages for alleged lack of due process notice. The court reversed, finding that the parking citation provided adequate notice of a hearing opportunity through a phone n
• Davis v. City OF S. BAY
  433 So. 2d 1364· Fla. 4th DCA· 1983-07-13 ·cited 3×
  Davis and Warren appealed a judgment in favor of the City of South Bay following a bench trial where the City cleared abandoned property from their automobile repair business premises under Florida Statutes Section 705.16. The appellate court reversed, holding that the statute vi
• Deltona Corp. v. Alexander
  504 F. Supp. 1280· M.D. Fla.· 1981-01-14 ·cited 3×
  The court held that the Army Corps of Engineers' denial of dredge and fill permits was not arbitrary, capricious, or otherwise unlawful, and that the plaintiff was not denied due process or subject to an unlawful taking.
• Reverend Chester C. Thompson v. Washington
  D.D.C.· 1977-02-15 ·cited 3×
  The court held that while restitution for past rent increases was not warranted due to equitable considerations and reliance interests, a forward-looking reevaluation of the current rent schedule was necessary in one case to ensure future rents were not excessive.
• Horowitz v. Bd. OF Curators OF the Univ. OF Mo.
  542 F.2d 1335· 8th Cir.· 1976-09-02 ·cited 3×
  The petition for rehearing en banc is denied, as the dismissal did not implicate a liberty interest requiring procedural due process without public disclosure of stigmatizing reasons.
• Sullivan v. Fla. High Sch. Activities Ass'n
  38 Fla. Supp. 18· Dade Cty. Cir. Ct.· 1972-10-20 ·cited 3×
  A circuit court granted a preliminary injunction allowing a high school student to participate in interscholastic athletics despite the Florida High School Activities Association's four-year eligibility rule, finding that the FHSAA's denial of a hardship exception was arbitrary a
• Bennett v. State
  196 So. 2d 449· Fla. 1st DCA· 1967-03-16 ·cited 3×
  Bennett appeals his conviction after the trial court reporter died before transcribing testimony, preventing him from obtaining a transcript to prepare his appellate brief. The appellate court denies the State's motion to dismiss and remands with instructions requiring the trial
• Evershield Prods., Inc. v. Sapp
  195 So. 2d 10· Fla. 2d DCA· 1967-02-10 ·cited 3×
  Evershield Products, Inc., a Maryland corporation, appealed a default judgment entered against it in a Florida personal injury suit, challenging the validity of service of process and the trial court's denial of its motion to vacate the judgment. The appellate court affirmed, hol
• Terence Douglas v. Beulah Douglas
  363 So. 3d 157· Fla. 4th DCA· 2023-06-07 ·cited 2×
  The appellate court reversed and remanded a dissolution of marriage case, finding the trial court erred by failing to make specific findings to support its classification of marital and nonmarital assets and by allowing one party to unilaterally present evidence on a financial ac
• Jacques Junior Armand v. Ginou Armand Amisy
  316 So. 3d 740· Fla. 3d DCA· 2021-02-10 ·cited 2×
  A trial court errs by setting a cause for trial and entering a final judgment of marital dissolution without first holding a hearing on a facially sufficient motion to dismiss challenging subject matter jurisdiction based on a prior foreign divorce decree.
• Gentry v. State
  300 So. 3d 233· Fla. 4th DCA· 2020-07-22 ·cited 2×
  James Gentry appeals his life sentence for first-degree murder, challenging the trial court's exclusion of his brother's hearsay confession that he, not Gentry, was responsible for the victim's death. The court affirmed, holding that no fundamental error occurred when the trial c
• McCormick v. Makrim Salfity
  44 Fla. L. Weekly D891· Fla. 5th DCA· 2019-06-14 ·cited 2×
  The appellate court denied a petition for second-tier certiorari review, finding that the lower circuit court's summary affirmance of a county court judgment did not violate clearly established law or result in a miscarriage of justice. The petitioner sought to reargue alleged le
• Pagliaro v. Pagliaro
  264 So. 3d 196· Fla. 4th DCA· 2019-02-06 ·cited 2×
  The Former Wife appeals a circuit court order ratifying a mediation agreement that included a timesharing arrangement for the parties' minor child. The appellate court reversed, holding that the trial court violated procedural due process by refusing to allow the Former Wife to p
• Forehand v. State
  264 So. 3d 333· Fla. 1st DCA· 2019-02-05 ·cited 2×
  Jimmy Forehand petitioned for certiorari review of a circuit court order dismissing his appeal of a county court criminal conviction. The circuit court dismissed the appeal after Forehand failed to timely file his initial brief, despite his timely motion for extension of time exp
• Gosciminski v. State
  262 So. 3d 47· Fla.· 2018-12-20 ·cited 2×
  Andrew Gosciminski, convicted and sentenced to death for the 2002 murder of Joan Loughman, appealed the circuit court's partial denial of his motion for postconviction DNA testing under Florida Rule of Criminal Procedure 3.853. The Florida Supreme Court affirmed the lower court's
• Smith v. Fla. Dep't of Corr.
  255 So. 3d 916· Fla. 2d DCA· 2018-06-01 ·cited 2×
  Smith validly waived his right to a conditional release violation hearing by initially postponing it and then initialing and signing an amended notice that contained language indicating he was waiving his right to a hearing. The failure to provide a formal waiver document for the
• Spear v. State
  244 So. 3d 421· Fla. 5th DCA· 2018-06-01 ·cited 2×
• Thompson v. State
  239 So. 3d 1269· Fla. 2d DCA· 2018-03-16 ·cited 2×
  Although special conditions of probation must be orally pronounced at sentencing, failure to orally pronounce such conditions is cured when a defendant files a timely motion to correct sentencing error under Florida Rule of Criminal Procedure 3.800(b)(2), which provides the defen
• Freeda Mary Scudder v. Rahul Scudder
  228 So. 3d 703· Fla. 2d DCA· 2017-10-20 ·cited 2×
  This case addresses subject matter jurisdiction in a divorce and custody proceeding involving a family that primarily lived abroad in the United Arab Emirates. The court reversed the trial court's order enforcing a parenting plan and remanded for an evidentiary hearing on whether
• E-Commerce Coffee Club v. Miga Holdings, Inc.
  222 So. 3d 9· Fla. 4th DCA· 2017-06-28 ·cited 2×
  E-Commerce Coffee Club appealed a trial court order enforcing a settlement agreement that resolved disputes over the valuation of a coffee-distribution business. The appellate court reversed, finding that the trial court committed significant evidentiary errors by excluding relev
• McBRIDE v. Vansandt
  201 So. 3d 835· Fla. 1st DCA· 2016-10-19 ·cited 2×
  Steven McBride sought certiorari review of a circuit court's dismissal of his appeal from an eviction case, arguing the dismissal sanction was too harsh. The Florida First District Court of Appeal upheld the circuit court's dismissal, finding it permissible given McBride's failur
• Allstate Fire & Cas. Ins. Co. v. Hallandale Open MRI, LLC
  208 So. 3d 741· Fla. 3d DCA· 2016-09-28 ·cited 2×
  Allstate Fire and Casualty Insurance Company petitioned for a writ of certiorari to quash a circuit court appellate division opinion affirming a county court judgment in favor of a medical provider in a PIP auto insurance case. The Third District Court of Appeal dismissed the pet
• Blair Nurseries, Inc. v. Baker Cnty.
  199 So. 3d 534· Fla. 1st DCA· 2016-09-13 ·cited 2×
  The First District Court of Appeal of Florida held that a county board's discretion to vacate a subdivision plat is not unreviewable and must be supported by competent substantial evidence. The court quashed a lower court's decision that denied judicial review of the board's deni
• Nirav C. Patel v. Ketan Kumar
  196 So. 3d 468· Fla. 2d DCA· 2016-06-29 ·cited 2×
  Patel petitioned for a writ of prohibition to prevent a civil suit against him after he successfully asserted Stand Your Ground immunity in a prior criminal proceeding. The court held that a defendant who proves Stand Your Ground immunity in a criminal case need not re-litigate t
• Objio v. State
  179 So. 3d 494· Fla. 5th DCA· 2015-11-20 ·cited 2×
  Objio challenges the suspension of his driver's license for DUI where the arresting officer was properly subpoenaed but failed to appear at the formal review hearing. The court held that Florida Statute § 322.2615(11) mandates automatic invalidation of the suspension when a subpo
• Enea v. State
  171 So. 3d 219· Fla. 5th DCA· 2015-08-07 ·cited 2×
  Peter Enea sought certiorari review of a trial court's denial of his motion to terminate probation entered under a plea agreement. The Florida District Court of Appeal held that trial courts retain discretion under section 948.05, Florida Statutes to terminate probation even when
• Weinberg v. Weinberg
  137 So. 3d 600· Fla. 4th DCA· 2014-05-07 ·cited 2×
  Beneficiaries of a trust appeal an order denying enforcement of a $500 per diem contempt fine against a trustee for repeated non-compliance with accounting orders. The appellate court reversed, holding that although the original contempt order was defective for lack of findings r
• Wolk v. Bd. OF Cnty. Comm'rs
  117 So. 3d 1219· Fla. 5th DCA· 2013-07-05 ·cited 2×
  The court quashed a Board of County Commissioners' decision granting a variance for a fence setback while simultaneously concluding the variance was unnecessary. The court held that the Board failed to apply the six statutory criteria required for variance approval and that the c
• Fla. Cap. Mgmt., LLC v. Town OF Palm Beach
  114 So. 3d 389· Fla. 4th DCA· 2013-05-22 ·cited 2×
  Florida Capital Management sought certiorari review of a circuit court order dismissing its appeal for failure to file an initial brief. The Fourth DCA denied the petition, holding that the dismissal was a proper sanction under Florida Rule of Appellate Procedure 9.410(a) because
• S.W. Fla. Paradise Prop., Inc. v. Segelke
  111 So. 3d 268· Fla. 2d DCA· 2013-04-17 ·cited 2×
  S.W. Florida Paradise Property sought certiorari review of a circuit court order that denied its motion for protective order and declared all future pleadings by Paradise Property would be treated as nullities based on a prior default judgment in a foreclosure action. The Second
• Dodson v. Dep't of Hwy. Safety & Motor Vehicles
  111 So. 3d 266· Fla. 1st DCA· 2013-04-16 ·cited 2×
  Dodson petitioned for certiorari review of a circuit court order affirming the Department of Highway Safety and Motor Vehicles' suspension of his driver's license based on a breath test. The court granted the petition, holding that an administrative hearing officer must consider
• Gerry B. Greene v. Tucker
  113 So. 3d 45· Fla. 2d DCA· 2012-11-28 ·cited 2×
  Greene petitioned for a writ of certiorari challenging the circuit court's denial of his habeas corpus petition, which sought restoration of gain time forfeited when the Florida Parole Commission revoked his conditional release. The court held that restoration of forfeited gain t
• Carlisle v. Dep't OF Health
  101 So. 3d 883· Fla. 1st DCA· 2012-10-16 ·cited 2×
  Christopher Carlisle appeals the Board of Medicine's revocation of his physician assistant license and assessment of costs including attorney's fees. The First District Court of Appeal affirms the revocation and cost assessment, holding that the Department provided fair notice an
• Hernando Cnty. v. Mills
  114 So. 3d 1026· Fla. 5th DCA· 2012-09-25 ·cited 2×
  Hernando County sought a writ of prohibition to prevent the circuit court from hearing a dispute with its former employee Kevin Mills, arguing that the Florida Public Employer Relations Commission (PERC) had exclusive jurisdiction over the matter as an unfair labor practice claim
• Thomas v. State
  89 So. 3d 300· Fla. 1st DCA· 2012-06-06 ·cited 2×
  Bobby Thomas, an inmate, appealed a circuit court's dismissal of his mandamus petition challenging prison disciplinary proceedings by the Florida Department of Corrections. The appellate court affirmed the dismissal of claims for failure to exhaust administrative remedies and den
• Blythe v. Atlas Indus. Enters., Inc.
  90 So. 3d 860· Fla. 5th DCA· 2012-06-01 ·cited 2×
  Trial court violated procedural requirements by imposing a lis pendens bond without holding an evidentiary hearing, requiring remand for proper hearing on bond amount and validity.
• O'Brien v. State
  80 So. 3d 459· Fla. 1st DCA· 2012-03-02 ·cited 2×
  The appellate court held that the circuit court correctly affirmed the denial of the motion to vacate the conviction because the claim was untimely and the conviction was not for a non-existent crime.
• Donovan v. Fla. Parole Comm'n
  72 So. 3d 339· Fla. 2d DCA· 2011-10-26 ·cited 2×