Procedural Due Process

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

• Puentes v. State
  58 So. 3d 912· Fla. 3d DCA· 2011-03-16 ·cited 2×
  Ramon Puentes appealed his sentence and the denial of his motion to withdraw his guilty plea after violating the terms of his plea agreements by committing federal crimes before sentencing. The court affirmed, holding that the State properly enforced the plea agreements' provisio
• Eliot Lewis Pearson v. State
  51 So. 3d 1286· Fla. 4th DCA· 2011-02-02 ·cited 2×
  Florida appellate court reversed probation revocation and sentencing because trial judge improperly refused to allow defense closing argument on the threshold issue of whether probation violations occurred.
• Rico v. Sch. Bd. of Miami-Dade Cnty. Pub. Schs.
  733 F. Supp. 2d 1319· S.D. Fla.· 2010-06-29 ·cited 2×
  The court held that the plaintiff did not possess a constitutionally protected property interest in her employment because the contract rendered her employment terminable at will, and even if she did, the School Board provided constitutionally adequate process.
• Jimel Cofer v. State of Fla. & Fla. Parole Comm'n
  28 So. 3d 927· Fla. 4th DCA· 2010-02-10 ·cited 2×
  Jimel Cofer sought certiorari review of a circuit court order denying his habeas corpus petition challenging the Florida Parole Commission's revocation of his conditional release supervision. The Fourth District found that procedural due process was violated when Cofer was not gi
• H.D. v. J.L.D.
  16 So. 3d 334· Fla. 4th DCA· 2009-09-16 ·cited 2×
  Mother appeals the denial of her petition to terminate the parental rights of the child's adoptive father without a hearing. The court reversed, holding that the circuit court violated procedural due process by denying the petition without conducting the statutorily required adju
• Vasaliki Michelle Owens v. Owens
  14 So. 3d 1093· Fla. 1st DCA· 2009-06-09 ·cited 2×
  The Florida District Court of Appeal reversed a dismissal of a child support arrearages claim where the trial court entered an order dismissing the case based on a motion to dismiss that was never served on the appellant and without providing her notice or opportunity to be heard
• Miami-Dade Cnty. v. Valdes
  9 So. 3d 17· Fla. 3d DCA· 2009-01-21 ·cited 2×
  Miami-Dade County challenged a lower court decision finding that the County's refusal to rezone respondent Valdes's single-family residential property constituted impermissible 'reverse spot zoning' where the property was surrounded by commercial uses, a busy thoroughfare, and a
• Affirmative Ins. Co. v. Josianny Meza-Gomez
  971 So. 2d 227· Fla. 4th DCA· 2008-01-02 ·cited 2×
• Cheshire v. State
  969 So. 2d 458· Fla. 1st DCA· 2007-11-15 ·cited 2×
  The court held that the successor judge's designation of appellants as sexual predators without notice or an opportunity to be heard violated their procedural due process rights.
• Dep't OF Child. & Families v. J.J.E.
  953 So. 2d 659· Fla. 5th DCA· 2007-03-30 ·cited 2×
  The Department of Children and Families appealed a trial court's finding that service of process by publication was invalid in a parental rights termination proceeding, rendering the termination order void. The appellate court affirmed, holding that the Department failed to condu
• Wilson v. Fla. Parole Comm'n
  944 So. 2d 1111· Fla. 2d DCA· 2006-11-29 ·cited 2×
  The court held that the circuit court departed from the essential requirements of law by denying a habeas corpus petition without reviewing the complete record considered by the Parole Commission.
• Beresford W. Powell and Albennie Powell v. City OF Sarasota
  953 So. 2d 5· Fla. 2d DCA· 2006-09-13 ·cited 2×
  The court does not reach the issue of whether the circuit court correctly determined the property was a nuisance, but remands for further proceedings.
• Osborn v. Bd. OF Cnty. Comm'rs
  937 So. 2d 1119· Fla. 3d DCA· 2006-07-19 ·cited 2×
  The Third District Court of Appeal granted certiorari to clarify which standard of review the circuit court applied in its administrative appeal, as the order contained language from two different standards.
• United Auto. Ins. Co. v. Miami Med. Grp., Inc.
  935 So. 2d 41· Fla. 3d DCA· 2006-07-19 ·cited 2×
  The court held that the circuit court departed from the essential requirements of law by awarding appellate attorney's fees for litigating the propriety of a fee multiplier or as a sanction without specific findings.
• Miller v. Hernando Cnty.
  931 So. 2d 172· Fla. 5th DCA· 2006-05-19 ·cited 2×
  The court held that the circuit court correctly applied the law and afforded procedural due process when denying the petition for writ of certiorari.
• Smith v. Crider
  932 So. 2d 393· Fla. 2d DCA· 2006-04-07 ·cited 2×
  Mother appealed an order denying her motion to dissolve an ex parte temporary injunction that modified a final dissolution judgment by awarding father temporary sole parental responsibility and prohibiting mother from removing the children from jurisdiction. The appellate court r
• Premier Developers III Assocs. v. City OF Fort Lauderdale
  920 So. 2d 852· Fla. 4th DCA· 2006-02-22 ·cited 2×
  The circuit court correctly applied the law and afforded procedural due process in upholding the city's denial of a site plan application.
• Zebulon McCRIMAGER v. State
  919 So. 2d 673· Fla. 1st DCA· 2006-01-30 ·cited 2×
  Zebulon McCrimager appeals his direct criminal contempt conviction, arguing the trial court failed to follow procedural requirements under Florida Rule of Criminal Procedure 3.830, including not reciting factual findings, denying him the opportunity to present mitigating circumst
• Concerned Citizens OF Bayshore Cmty., Inc. v. LEE Cnty.
  923 So. 2d 521· Fla. 2d DCA· 2005-12-28 ·cited 2×
  The circuit court erred in dismissing the petition for failing to join U.S. Home as an indispensable party, as case law and procedural rules do not require such joinder in this context.
• Page Shuff v. City OF OPA Locka
  907 So. 2d 648· Fla. 3d DCA· 2005-07-27 ·cited 2×
• Sage v. State
  890 So. 2d 1277· Fla. 5th DCA· 2005-01-21 ·cited 2×
  The Florida Sexual Predator Act is constitutional and does not violate procedural due process rights.
• Schmitz v. Schmitz
  890 So. 2d 1248· Fla. 4th DCA· 2005-01-19 ·cited 2×
  Sherri Lynn Schmitz appeals a temporary injunction for domestic violence protection and custody order, arguing she was denied due process when the trial court allowed the psychologist to testify based on a 35-page custody evaluation report delivered to her attorney only one day b
• Cole v. City OF Deltona
  890 So. 2d 480· Fla. 5th DCA· 2004-12-30 ·cited 2×
  The trial court erred in applying a "special damages" standard to determine irreparable injury for a temporary injunction, as this standard is relevant to standing, not the irreparable harm element.
• Kensler v. State
  890 So. 2d 282· Fla. 1st DCA· 2004-11-15 ·cited 2×
• Davis v. State
  892 So. 2d 1084· Fla. 2d DCA· 2004-11-05 ·cited 2×
  Convictions for attempted second-degree murder and aggravated battery do not violate double jeopardy, and the sexual predator designation does not violate procedural due process.
• Smith v. State
  872 So. 2d 368· Fla. 2d DCA· 2004-04-23 ·cited 2×
  The court held that the circuit court's dismissal of the petitioner's appeal without affording him procedural due process by failing to ensure he received notice of the order to amend his appeal was erroneous.
• State v. Schreiber
  868 So. 2d 564· Fla. 4th DCA· 2004-02-04 ·cited 2×
  The State petitioned for certiorari review of a circuit court order granting Jennifer Schreiber's petition for writ of prohibition and discharging her from prosecution. The Fourth District Court of Appeal held that the State properly moved for an extension of the speedy trial per
• Giddens v. State
  863 So. 2d 1242· Fla. 5th DCA· 2004-01-02 ·cited 2×
  The court held that the statute requiring sexual offenders to report address changes includes a knowledge element, and the trial court erred in ruling it was a strict liability offense.
• Langworthy v. Unemployment Appeals Comm'n & Commc'n Installation & Cisco
  858 So. 2d 1187· Fla. 2d DCA· 2003-11-07 ·cited 2×
  Lonnie Langworthy appeals the Unemployment Appeals Commission's dismissal of his appeal for lack of jurisdiction based on an untimely fax receipt date. The court agrees and reverses, holding that when a claimant provides evidence of timely fax transmission, a factual issue is cre
• Carcamo v. Miami-Dade Cnty.
  284 F. Supp. 2d 1362· S.D. Fla.· 2003-09-03 ·cited 2×
  The court held that the plaintiff's procedural due process rights were not violated because an adequate post-deprivation remedy was available under Florida law, even though the plaintiff did not utilize it.
• Shelley v. State
  846 So. 2d 577· Fla. 1st DCA· 2003-04-28 ·cited 2×
  The court held that a default order entered without an evidentiary hearing on whether the parties received adequate notice violates procedural due process.
• Anderson v. State
  840 So. 2d 1108· Fla. 2d DCA· 2003-03-19 ·cited 2×
  While the circuit court erred in dismissing the appeal for failure to file a brief, the petition for writ of certiorari is denied because the underlying order dismissing the postconviction motion was correct.
• McCurry v. Moore
  242 F. Supp. 2d 1167· N.D. Fla.· 2002-11-21 ·cited 2×
  The court adopted the magistrate judge's report and recommendation, granting summary judgment in favor of Defendants Moore and Franklin on certain claims and denying it in others, remanding the case for further proceedings.
• Britt v. Mascara
  830 So. 2d 221· Fla. 4th DCA· 2002-11-13 ·cited 2×
  The court held that both the county and circuit courts committed a miscarriage of justice by denying a prisoner plaintiff an opportunity to be heard on his claim, warranting extraordinary second-tier review.
• Redner v. The City OF Tampa
  827 So. 2d 1056· Fla. 2d DCA· 2002-10-11 ·cited 2×
  Joe Redner sought certiorari review of a circuit court decision upholding the City of Tampa's denial of his wet-zoning application. The district court reversed, holding that the City Council's decision constituted a special exception under Tampa's zoning ordinance, not a waiver,
• Stephen Z. Gervin, M.D. v. Honorable Robert Andrews
  826 So. 2d 504· Fla. 4th DCA· 2002-09-25 ·cited 2×
  Dr. Gervin, a neurosurgeon and expert witness, appeals the dismissal of his § 1983 due process claim against a circuit judge who made defamatory statements disqualifying him from testifying in a single case. The court affirmed, holding that absent deprivation of a constitutionall
• Jongewaard v. State
  824 So. 2d 1009· Fla. 5th DCA· 2002-08-30 ·cited 2×
  The court held that the petitioner was improperly classified as a conditional releasee because he did not meet the statutory requirement of having served at least one prior felony commitment. Therefore, his re-incarceration for violating the terms of that release was unlawful.
• Niziol v. Pasco Cnty. Dist. Sch. Bd.
  240 F. Supp. 2d 1194· M.D. Fla.· 2002-08-09 ·cited 2×
  The court held that the Gun-Free Schools Act does not create a private right of action enforceable under 42 U.S.C. § 1983, and that the plaintiffs failed to allege facts sufficient to establish a substantive due process violation under the special relationship or state-created da
• Harris v. Culbreath
  818 So. 2d 563· Fla. 2d DCA· 2002-02-22 ·cited 2×
  Mobile home park tenants and their association sought writs of prohibition and certiorari to challenge county court eviction proceedings initiated by park owners seeking to change land use. The court affirmed the denial of the prohibition writ and denied the certiorari petition,
• Kirchhoff v. S. Fla. Water Mgmt. Dist.
  805 So. 2d 848· Fla. 2d DCA· 2001-08-10 ·cited 2×
  Kirchhoff petitioned for a writ of certiorari to prevent a trial court from entering an order of taking in an eminent domain proceeding by the South Florida Water Management District. The court granted the petition, finding the trial court violated procedural due process by denyi
• Orange Cnty. v. Quadrangle Dev. Co.
  780 So. 2d 994· Fla. 5th DCA· 2001-03-23 ·cited 2×
  Orange County appeals a circuit court decision granting certiorari and mandamus relief to developers whose final development plan for a multi-family housing project was denied by the County Board. The appellate court agrees the Board's denial lacked evidentiary support but revers
• City OF Jacksonville Beach v. CAR SPA, Inc.
  772 So. 2d 630· Fla. 1st DCA· 2000-12-15 ·cited 2×
  The circuit court applied the wrong law by reweighing evidence instead of determining if the Planning Commission's decision was supported by competent substantial evidence.
• Darman v. State
  734 So. 2d 552· Fla. 4th DCA· 1999-06-02 ·cited 2×
  Allan Darman appeals the denial of his motion to return property seized during a traffic stop. The court reverses, holding that due process requires actual notice of the conclusion of criminal proceedings before property can be forfeited under Florida's unclaimed property statute
• McMahon v. City of Edgewater
  60 F. Supp. 2d 1281· M.D. Fla.· 1999-01-20 ·cited 2×
  The court held that the City Manager's employment agreement, as amended, allowed termination without cause, thus precluding a procedural due process claim. The court also declined supplemental jurisdiction over state law contract claims.
• Fusaro v. Hialeah Hous. Auth.
  33 F. Supp. 2d 1354· S.D. Fla.· 1999-01-11 ·cited 2×
  Summary judgment is granted for the defendant Housing Authority because the plaintiffs failed to present sufficient evidence to establish genuine issues of material fact regarding their claims of discrimination, retaliation, and due process violations.
• Rosendo Junca v. Marine Dealers Unlimited Corp.
  706 So. 2d 326· Fla. 4th DCA· 1997-12-24 ·cited 2×
  The appellate court reversed a lower court's order allowing a creditor's bill to seize funds from an injunction bond. The court found that the creditor failed to properly serve the debtor, violating procedural due process.
• Robinson v. City of Tampa
  120 F. Supp. 730· M.D. Fla.· 1997-11-17 ·cited 2×
  The court held that Younger abstention applies, requiring the federal court to abstain from exercising jurisdiction over the case due to an ongoing state judicial proceeding involving important state interests.
• N. Fla. Educ. Dev. Corp. v. Woodham
  942 F. Supp. 542· N.D. Fla.· 1996-05-20 ·cited 2×
  Plaintiff Ford lacked standing to bring the claims, and the remaining plaintiff, NFEDC, failed to state claims for substantive or procedural due process violations.
• Sirod, Inc. v. Lycouris
  667 So. 2d 903· Fla. 4th DCA· 1996-02-07 ·cited 2×
• Wohl v. City of Hollywood
  915 F. Supp. 339· S.D. Fla.· 1995-12-13 ·cited 2×
  The court held that the fire chief was entitled to qualified immunity and that the city's actions were rationally related to a legitimate government interest, thus granting summary judgment for both defendants.