Procedural Due Process

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

• Cont'l AIR Lines, Inc. v. Dole
  784 F.2d 1245· 5th Cir.· 1986-03-14 ·cited 2×
  The court held that Continental received adequate procedural due process and that the Civil Aeronautics Board's award was supported by substantial evidence and consistent with the Federal Aviation Act and the Fifth Amendment.
• Cline v. Supreme Court OF Ga.
  781 F.2d 1541· 11th Cir.· 1986-02-10 ·cited 2×
  A state rule distinguishing between graduates of approved and non-approved law schools for bar admission, and limiting the number of times an applicant may take the exam, does not violate substantive due process or equal protection.
• Joyce v. Mavromatis
  783 F.2d 56· 6th Cir.· 1986-02-10 ·cited 2×
  The court held that the alleged actions by police chiefs to obstruct a state court lawsuit do not state a federal constitutional claim under the First Amendment, due process, or equal protection.
• Hartley v. Camden R. Fine
  780 F.2d 1383· 8th Cir.· 1985-12-31 ·cited 2×
  The court held that the district court properly instructed the jury on causation and qualified immunity, and that the plaintiff failed to establish a property right in his employment under Missouri law.
• Clients' Council v. Pierce
  778 F.2d 518· 8th Cir.· 1985-12-05 ·cited 2×
  A party is entitled to attorneys' fees under 42 U.S.C. § 1988 when they prevail on a constitutional claim that is identical to a statutory claim under which fees are available, even if the statutory claim was not explicitly pursued in the final pleadings.
• Miera v. First Sec. Bank OF Utah, N.A.
  776 F.2d 902· 10th Cir.· 1985-11-07 ·cited 2×
  The court held that procedural irregularities, including the entry of a pretrial order and partial summary judgment without a meaningful hearing, violated the Bank's due process rights, necessitating reversal.
• Williamson v. Williamson
  478 So. 2d 850· Fla. 3d DCA· 1985-11-05 ·cited 2×
• Nat'l Classification Comm. & Nat'l Motor Freight Traffic Ass'n, Inc. v. United States & Interstate Commerce Comm'n
  765 F.2d 1146· D.C. Cir.· 1985-07-05 ·cited 2×
  The court held that the Interstate Commerce Commission's revised motor freight classification system, based on four transportation characteristics and eliminating economic factors, was procedurally sound under the Administrative Procedure Act and substantively rational, aligning
• Stermetz v. Judge W.R. Harper & Sebastian Cnty.
  763 F.2d 366· 8th Cir.· 1985-06-06 ·cited 2×
  The court held that the district court erred in granting summary judgment on the procedural due process claim, requiring reconsideration in light of Loudermill.
• City OF Treasure Island v. Landt
  462 So. 2d 124· Fla. 2d DCA· 1985-01-18 ·cited 2×
  A Florida appellate court reversed a circuit court's decision that had overturned a city board's denial of a permit to install a vinyl awning on boat davits. The court held that the circuit court applied an improper standard of review by substituting its judgment for the board's
• Hubenthal v. Cnty. OF Winona
  751 F.2d 243· 8th Cir.· 1984-12-27 ·cited 2×
  The court held that a post-deprivation remedy is adequate under state law, even if state officials intentionally exceeded the scope of a court order, and thus a § 1983 claim for due process violation is precluded.
• Abe I. Korach v. Chicago Mercantile Exch.
  747 F.2d 414· 7th Cir.· 1984-10-30 ·cited 2×
  The court held that the plaintiff's claims were barred by collateral estoppel and that the exchange's decision was not inequitable or arbitrary.
• Lawton GAY v. Moreland
  450 So. 2d 1270· Fla. 5th DCA· 1984-06-14 ·cited 2×
  In this civil forfeiture appeal, the court reversed a default forfeiture judgment against appellant Gay's vehicle, finding both excusable neglect for his failure to respond to forfeiture proceedings and a procedural defect in that he was never served with an actual rule to show c
• Russo v. Dep't of Health & Rehabilitative Servs.
  451 So. 2d 979· Fla. 1st DCA· 1984-06-13 ·cited 2×
  A psychiatrist challenged his dismissal from a state hospital, arguing that the initial proceedings violated due process by failing to provide adequate notice of charges and pre-disciplinary access to supporting documents. The appellate court affirmed the dismissal, finding that
• Charry v. Hall
  709 F.2d 139· 2d Cir.· 1983-05-19 ·cited 2×
• Dykes v. Weinberg
  564 F. Supp. 536· M.D. Fla.· 1983-04-15 ·cited 2×
  The court held that the defendants were entitled to summary judgment because the plaintiff failed to establish state action for her Section 1983 claim and the defendant Weinberg was entitled to qualified immunity.
• Bishop v. Tice
  704 F.2d 417· 8th Cir.· 1983-04-13 ·cited 2×
  The court held that the district court's findings of fact were not clearly erroneous and affirmed the judgment.
• Coleman v. Franklin Parish Sch. Bd.
  702 F.2d 74· 5th Cir.· 1983-04-04 ·cited 2×
  The court held that while claims for denial of due process regarding corporal punishment were properly dismissed, the claim for denial of equal protection based on racial discrimination was improperly dismissed.
• Ziegler v. Frank
  421 So. 2d 671· Fla. 3d DCA· 1982-11-02 ·cited 2×
  Florida appellate court reversed dismissal of interpleader defendants and temporary injunction, holding that defendants must be afforded opportunity to answer and raise defenses before determining propriety of interpleader.
• Fla. Welding & Erection Serv. & U. S. Fid. & Guar. Co. v. Martin
  417 So. 2d 1166· Fla. 1st DCA· 1982-08-16 ·cited 2×
  Florida appellate court reversed workers' compensation award of temporary total disability benefits beyond July 18, 1980, physician evaluation order, and attorney's fees, finding insufficient evidence of non-maximum medical improvement and procedural error in awarding evaluation
• Finn v. Finn
  414 So. 2d 1149· Fla. 3d DCA· 1982-06-08 ·cited 2×
  The court held that the trial court erred by considering an ex parte oral report from a psychologist without providing the wife's counsel an opportunity to review it or respond, and that there was insufficient evidence to support the husband's claim of special equity in the marit
• Palm Beach Newspapers, Inc. v. The Honorable Philip G. Nourse
  413 So. 2d 467· Fla. 4th DCA· 1982-05-05 ·cited 2×
  The court held that closing a court proceeding and sealing the file without notice and a hearing violates procedural due process.
• Pedersen v. S. Williamsport Area Sch. Dist.
  677 F.2d 312· 3d Cir.· 1982-04-30 ·cited 2×
  A timely arbitration under a collective bargaining agreement satisfies due process requirements for a discharged public employee, even if the employee did not formally demand a hearing before the School Board. The employee's knowledge of their right to a hearing makes formal noti
• Artway v. Pallone
  672 F.2d 1168· 3d Cir.· 1982-02-17 ·cited 2×
  The federal district court properly dismissed the civil rights complaint, as federal courts are generally precluded from interfering with state criminal proceedings and the plaintiff's claims are primarily cognizable through federal habeas corpus after exhausting state remedies.
• Ragucci v. City OF Plantation
  407 So. 2d 932· Fla. 4th DCA· 1981-12-02 ·cited 2×
  A city police lieutenant was terminated by the Chief of Police following an advisory hearing before a Complaint Review Board. The court held that the city's charter, which required that police officers only be terminated for cause with an adjudicatory hearing before the City Coun
• Fazio v. State
  399 So. 2d 432· Fla. 5th DCA· 1981-06-03 ·cited 2×
  The court reversed an involuntary commitment order because the trial court violated the appellant's constitutional due process rights and statutory requirements under Florida's mental health commitment statute.
• Little v. Hal Hopkins
  638 F.2d 953· 6th Cir.· 1981-01-21 ·cited 2×
  A federal prisoner must exhaust administrative remedies before seeking habeas corpus relief, even if a parole hearing is imminent.
• Trans World Airlines, Inc. v. Civil Aeronautics Bd.
  637 F.2d 62· 2d Cir.· 1980-11-07 ·cited 2×
  The court held that the Civil Aeronautics Board (CAB) did not sufficiently demonstrate consideration of the UPU rate of return on investment when fixing rates under the Federal Aviation Act.
• Aladdin Hotel Corp. v. Nev. Gaming Comm'n
  637 F.2d 582· 9th Cir.· 1980-06-05 ·cited 2×
  The court held that while the preliminary injunction was improperly granted due to overbreadth, the case should not be dismissed for lack of jurisdiction, and should instead be remanded for consideration of appropriate procedural relief.
• State v. Bennington
  384 So. 2d 42· Fla. 4th DCA· 1980-05-21 ·cited 2×
  The court held that the State's oral motion to tax costs was properly denied because it failed to provide the defendant with prior notice and an opportunity to be heard, violating due process.
• Makris v. United States Bureau OF Prisons
  606 F.2d 575· 5th Cir.· 1979-11-14 ·cited 2×
  The court held that procedural due process rights do not apply to the classification of an inmate as a Central Monitoring Case (CMC).
• Fla. Rock & Tank Lines, Inc. v. Hawkins
  372 So. 2d 447· Fla.· 1979-06-14 ·cited 2×
• Ables v. Fones
  587 F.2d 850· 6th Cir.· 1978-12-04 ·cited 2×
  The court held that the Tennessee Supreme Court has the authority to adopt Rule 42 and that challenges to its authority do not violate federal constitutional rights.
• Jones v. State
  360 So. 2d 157· Fla. 3d DCA· 1978-07-05 ·cited 2×
  Florida appellate court reversed probation revocation due to procedural deficiencies including defendant's absence at initial hearing and lack of proper affidavit refiling, but affirmed contempt judgment.
• Or. State Penitentiary v. Hammer
  434 U.S. 945· U.S.· 1977-11-14 ·cited 2×
• NEW York Ass'n OF Homes FOR Aging v. Toia
  559 F.2d 876· 2d Cir.· 1977-07-27 ·cited 2×
  The appeals are dismissed for lack of appellate jurisdiction because the district court's orders denying class-based preliminary injunctive relief are not appealable interlocutory orders under 28 U.S.C. § 1292(a)(1).
• Decker v. N. Idaho Coll.
  552 F.2d 872· 9th Cir.· 1977-04-20 ·cited 2×
  The court held that while a due process violation occurred, the district court's de novo trial and award of damages cured the violation, and individual liability against college officials was erroneous without evidence of bad faith.
• Wrighten v. United States
  550 F.2d 990· 4th Cir.· 1977-03-07 ·cited 2×
  The court held that the district court properly relied on state disbarment proceedings to disbar the petitioner, and that the petitioner's own admissions of wrongdoing independently supported the disbarment.
• Boca Villas Corp. v. Pence
  45 Fla. Supp. 65· Fla. Cir. Ct.· 1976-09-30 ·cited 2×
  Property owners challenged Boca Raton's charter amendment limiting total dwelling units to 40,000 as unconstitutional. The circuit court held the cap and its implementing ordinances violated due process and equal protection guarantees because they lacked rational relationship to
• Harris v. The United States
  538 F.2d 1226· 5th Cir.· 1976-09-20 ·cited 2×
  The court held that the administrative proceedings and the district court's decision did not deny the appellant procedural due process.
• McNAMARA v. Cook
  336 So. 2d 677· Fla. 4th DCA· 1976-08-13 ·cited 2×
  The Fourth District Court of Appeal reversed its prior decision in McNamara's habeas corpus petition challenging his prison transfer and adverse notations in his record, following two U.S. Supreme Court decisions establishing that the Due Process Clause does not require a hearing
• The Citizens OF the State of Fla. v. Mayo
  335 So. 2d 809· Fla.· 1976-06-23 ·cited 2×
  The Florida Supreme Court upheld the Public Service Commission's orders granting interim rate increases to Tampa Electric Company, finding no procedural defect and substantial evidence supporting the Company's financial need for the increase under Section 366.06(4), Florida Statu
• Ruane v. The NEW York State Racing & Wagering Bd. & the Bd. of Stewards designated & approved by the N.Y. State Racing & Wagering Bd.
  532 F.2d 860· 2d Cir.· 1976-03-29 ·cited 2×
  The court held that jockeys' licenses do not create a property right to compete only under terms they deem acceptable.
• Calo v. Paine
  521 F.2d 411· 2d Cir.· 1975-08-18 ·cited 2×
  The court held that the district court erred in granting summary judgment on the plaintiff's First Amendment claim, as recent Supreme Court precedent requires consideration of such claims even for probationary employees.
• Bowling v. Mathews
  511 F.2d 112· 5th Cir.· 1975-04-14 ·cited 2×
  The court held that the merits of the professor's termination are not properly before the court on this interlocutory appeal, and other rulings were not erroneous.
• Brown v. Civil Serv. Bd. OF the City OF N. Miami Beach
  310 So. 2d 332· Fla. 3d DCA· 1975-04-08 ·cited 2×
  A police officer appeals the denial of a certiorari petition challenging his dismissal by the Civil Service Board. The court affirmed the denial, finding that the officer received due process, that substantial evidence supported the dismissal, and that the Board adequately made f
• State v. Armstrong
  312 So. 2d 508· Fla. 3d DCA· 1975-04-01 ·cited 2×
  An order is considered 'rendered' for appeal purposes when it is reduced to writing, signed, and made a matter of record or filed if recording is not required, and the time for appeal runs from this date.
• Spady et vir v. Mount Vernon Hous. Auth.
  419 U.S. 983· U.S.· 1974-10-29 ·cited 2×
• Bishop v. Wood
  498 F.2d 1341· 4th Cir.· 1974-06-21 ·cited 2×
• United States v. Tarik Ali BEY
  499 F.2d 194· 3d Cir.· 1974-06-14 ·cited 2×
  The court held that the district court erred in dismissing the indictment, as the record did not support findings of ineffective assistance of counsel, denial of speedy trial, or irreparable prejudice due to the government providing the wrong indictment.