Procedural Due Process

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

• Mathis v. Purdy
  40 Fla. Supp. 17· Dade Cty. Cir. Ct.· 1973-12-19 ·cited 2×
  This case challenges the constitutionality of Florida Statute 222.06 as applied by Dade County sheriff's office, which allowed seizure of personal property pursuant to a writ of execution without providing judgment debtors a pre-seizure hearing on their entitlement to the $1,000
• GEE v. Colonel James M. Smith
  479 F.2d 642· 5th Cir.· 1973-06-19 ·cited 2×
  The court held that pre-induction judicial review of draft classifications is barred by statute when based on factual determinations or due process claims, and that claims of racial discrimination or improper board residence do not invalidate induction orders.
• Hattie M. Blunt v. The State Bd. OF Educ. of the State of Fla.
  275 So. 2d 303· Fla. 1st DCA· 1973-04-05 ·cited 2×
  Hattie Blunt, a 25-year teaching veteran, challenged her contract termination by the Marion County Board of Public Instruction for alleged teaching incompetency. The Florida District Court of Appeal affirmed her dismissal, holding that the school board provided adequate notice of
• United States v. Perdue
  469 F.2d 1195· 9th Cir.· 1972-11-24 ·cited 2×
  The court held that the appellant failed to establish a prima facie conscientious objector claim and that his communications did not constitute an appeal, affirming his conviction.
• United States ex rel. Jose Mario Martinez v. Alldredge
  468 F.2d 684· 3d Cir.· 1972-10-17 ·cited 2×
  The court held that due process does not require the appointment of counsel for indigent releasees in mandatory release revocation hearings when the factual grounds for revocation are uncontroverted.
• United States v. Saunders
  467 F.2d 675· 4th Cir.· 1972-10-11 ·cited 2×
  The court held that the use of adverse statements against a registrant without his knowledge, after he presented a prima facie case for hardship deferment, violated his right to procedural due process.
• United States v. McGARVA
  464 F.2d 1388· 5th Cir.· 1972-08-01 ·cited 2×
  The court held that the failure to provide the registrant with a copy of the government appeal agent's adverse report and an opportunity to respond was a fatal procedural due process error.
• Reed v. Bd. OF Educ. OF the Parkway Sch. Dist.
  460 F.2d 824· 8th Cir.· 1972-05-25 ·cited 2×
  The court held that the complaint's allegations were sufficient to withstand a motion to dismiss for failure to state a claim, and that the district court improperly dismissed the case.
• Wilson v. Merritt S. Dietz, Jr.
  456 F.2d 314· 6th Cir.· 1972-02-24 ·cited 2×
  The court held that the Supreme Court's decision in Goldberg v. Kelly requires only an opportunity for an evidentiary hearing prior to termination of welfare benefits, not a final unappealable decision.
• Finley v. Captain John Drew
  453 F.2d 1240· 3d Cir.· 1971-12-27 ·cited 2×
  The court held that the District Court's order granting a writ of habeas corpus was insufficient for review because it lacked findings of fact and conclusions of law.
• Thomason v. Laird
  455 F.2d 1376· D.C. Cir.· 1971-12-27 ·cited 2×
  The court held that the transfer of appellate jurisdiction was permissible and that the appellant's grievance regarding placement on the 'best qualified' list was satisfied, thus affirming the dismissal of his complaint.
• In re George W. Myers Co., Inc.
  448 F.2d 1260· 3d Cir.· 1971-10-06 ·cited 2×
  The court held that the district court did not clearly err in affirming the referee's finding of bankruptcy, as the referee's credibility determination regarding the company's accountant was supported by the record.
• Lance v. Thompson
  432 F.2d 767· 5th Cir.· 1970-10-21 ·cited 2×
  The court held that the district court did not err in denying the student's motion for a preliminary injunction.
• Strathmore Sec., Inc. v. The Sec. & Exch. Comm'n
  407 F.2d 722· D.C. Cir.· 1969-01-24 ·cited 2×
  The court held that while the SEC's retention of petitioners' records raised procedural due process concerns, the petitioners failed to demonstrate prejudice, and the court would not overturn the SEC's order.
• McCUNE v. Am. Inst. of Real Est. Appraisers
  30 Fla. Supp. 89· Dade Cty. Cir. Ct.· 1968-04-02 ·cited 2×
  McCune, a real estate appraiser, challenged disciplinary proceedings brought by the American Institute of Real Estate Appraisers (AIREA) for alleged ethics violations. The court granted McCune's motion for declaratory judgment, finding the charges fatally vague, the procedure def
• Bailey v. Macy
  378 F.2d 1021· 10th Cir.· 1967-06-09 ·cited 2×
  The court held that the appellant's claim was barred by laches due to his significant delay in seeking judicial relief after his removal from federal employment.
• Application of Karl Folkers
  344 F.2d 967· C.C.P.A.· 1965-05-13 ·cited 2×
  The court held that the applicant's patent application was rejected on grounds not properly before the court.
• Kennedy v. Mrs. Walter Lewis
  325 F.2d 210· 5th Cir.· 1963-12-06 ·cited 2×
  The court held that limitations imposed by the trial court on the Attorney General's right to inspect and copy election records were too narrow and invalid.
• Nat'l Labor Relations Bd. v. Allied Distrib. Corp. & Standard Optical Co.
  297 F.2d 679· 10th Cir.· 1961-12-11 ·cited 2×
  The court held that the National Labor Relations Board's order should be enforced as the respondents were not denied procedural due process and the unfair labor practices were supported by substantial evidence.
• RIO Hondo Harvesting Ass'n v. Johnson
  293 F.2d 426· 5th Cir.· 1961-08-03 ·cited 2×
• Zenith Int'l Film Corp. v. City OF Chicago
  291 F.2d 785· 7th Cir.· 1961-06-20 ·cited 2×
  A city's film censorship procedure is unconstitutional if it denies procedural due process, such as failing to provide a fair hearing or requiring officials to view the entire film.
• Puerto RICO S.S. Ass'n & its member Cos. v. Nat'l Labor Relations Bd.
  281 F.2d 615· D.C. Cir.· 1960-06-23 ·cited 2×
  The court held that while the inclusion of a preferential hiring clause constituted a violation, the Board's remedies of requiring refunds and withdrawing recognition were not justified and would be modified.
• United Ins. Co. OF Am. v. Nat'l Labor Relations Bd.
  272 F.2d 446· 7th Cir.· 1959-12-11 ·cited 2×
  The court held that the National Labor Relations Board could not give binding effect to a prior, unreviewed Board decision in a subsequent proceeding without a full evidentiary hearing.
• Alesi v. Cornell
  250 F.2d 877· 9th Cir.· 1957-12-28 ·cited 2×
  The court held that the deportation order was valid and the proceedings were fair, affirming the denial of the petition for declaratory judgment and injunctive relief.
• Smith v. United States
  238 F.2d 79· 5th Cir.· 1956-11-02 ·cited 2×
  The court held that the defendant's conviction under the Selective Service Act was valid because he was not denied procedural due process, as he failed to demonstrate that the board's actions constituted a violation or deprived him of a substantial right.
• Nat'l Labor Relations Bd. v. Int'l Broad. Co.
  209 F.2d 912· 5th Cir.· 1954-02-12 ·cited 2×
  The court held that the employer had just cause to discharge employees and that the discharges did not constitute an unfair labor practice, thus denying enforcement of the Board's order.
• Locomotive Eng'rs Mut. Life & Accident Ins. Ass'n v. Laurent
  172 F.2d 889· 7th Cir.· 1949-02-21 ·cited 2×
  The court held that the Arkansas divorce decree was valid and entitled to full faith and credit, making the subsequent marriage to Irma valid and entitling her to the insurance proceeds.
• Ambassador Apts., Inc. v. Porter
  157 F.2d 774· Emer. Ct. App.· 1946-10-16 ·cited 2×
  The court held that the area rent director did not abuse his discretion in refusing to excuse the complainant's late filing and in making rent reduction orders retroactive, and that the reduction orders were not invalid on the merits.
• Merritt v. Knowles
  2021 WL 3857560· M.D. Fla.· 2025-07-16 ·cited 1×
  The court held that the plaintiff's complaint was an impermissible shotgun pleading and that her state tort claims and federal due process claims were time-barred by Florida's statutes of limitations.
• Guardian ad Litem & Dep't of Child. & Families v. S.P. Mother of E.X.P.
  412 So. 3d 944· Fla. 5th DCA· 2025-06-05 ·cited 1×
  The Florida Fifth District Court of Appeal reversed a trial court's denial of DCF's petition to terminate parental rights, finding that the trial court committed multiple legal errors by sua sponte ordering permanent guardianship without notice, applying an incorrect single-paren
• Turner v. Jordan
  117 F.4th 1289· 11th Cir.· 2024-09-17 ·cited 1×
  Robert Turner challenged the sale of his Suwannee County homestead property by tax deed for substantially less than the required opening bid amount, claiming constitutional violations through a federal civil rights suit. The Eleventh Circuit Court of Appeals affirmed the district
• Seawatch at Marathon Condo. Ass'n, Inc. v. City of Marathon
  390 So. 3d 184· Fla. 3d DCA· 2024-04-24 ·cited 1×
  Seawatch sought second-tier certiorari review of a circuit court order dismissing its challenge to two City of Marathon resolutions as moot. The Third District Court of Appeal affirmed the dismissal, holding that the challenge to the variance denial was moot because the applicant
• Kessler v. Miami-Dade Cnty.
  365 So. 3d 1230· Fla. 3d DCA· 2023-07-05 ·cited 1×
  This case involves a second-tier certiorari review where the appellate court considered whether the lower circuit court afforded procedural due process and applied the correct law when reviewing a county's decision to approve a boat dock permit. The appellate court denied the pet
• Arnold v. State
  358 So. 3d 792· Fla. 3d DCA· 2023-01-18 ·cited 1×
  The appellate court affirmed the denial of a motion to suppress a defendant's statement but reversed and remanded a probation revocation sentencing hearing conducted remotely via Zoom. The court found that while the statement's admission might have been error, it was harmless due
• Johansson v. Miami-Dade Cnty. Value Adjustment Bd.
  346 So. 3d 90· Fla. 3d DCA· 2022-05-04 ·cited 1×
  Wayne C. Johansson appealed the dismissal of his complaint against the Miami-Dade County Value Adjustment Board (VAB), claiming the VAB violated his procedural due process rights in reviewing his property value petitions. The Third District Court of Appeal affirmed the dismissal,
• Laurel Point Care & Rehab Ctr., LLC v. Est. of Carol Desantis
  323 So. 3d 186· Fla. 4th DCA· 2021-06-16 ·cited 1×
  This case involves consolidated appeals concerning orders that denied motions to compel arbitration. The appellate court reversed the lower court's decisions, finding that the trial court improperly decided an issue that was delegated to an arbitrator by the arbitration agreement
• Connell v. State
  321 So. 3d 923· Fla. 5th DCA· 2021-06-03 ·cited 1×
  Ryan Scott Connell appeals his probation revocation, arguing the trial court violated his due process rights by conducting a sentencing hearing without giving him a meaningful opportunity to contest new alleged probation violations. The Fifth District Court of Appeal agrees, find
• ESJ JI Operations, LLC v. Domeck
  309 So. 3d 248· Fla. 3d DCA· 2020-11-04 ·cited 1×
  A trial court satisfies procedural due process requirements when it provides reasonable notice and a meaningful opportunity to be heard at a hearing on attorney's fees entitlement, even without multiple evidentiary hearings.
• Ivory v. State
  299 So. 3d 1178· Fla. 1st DCA· 2020-07-15 ·cited 1×
  The Petitioner, an inmate, challenged disciplinary action taken against him by the Department of Corrections, arguing it violated his due process rights. The court denied his petition, holding that he failed to demonstrate a liberty interest protected by due process because he is
• Rokosz v. Haccoun
  274 So. 3d 498· Fla. 3d DCA· 2019-06-05 ·cited 1×
  A trial court violates procedural due process when it treats a motion to discharge a lis pendens as a motion for reconsideration without conducting an evidentiary hearing, thereby denying the party a full and fair opportunity to present evidence supporting the homestead exemption
• Matlacha Civic Assoc., Inc. v. City of Cape Coral
  273 So. 3d 243· Fla. 2d DCA· 2019-05-22 ·cited 1×
  Matlacha Civic Association and individual residents challenged Cape Coral's annexation of six parcels of land, arguing the city improperly used the voluntary annexation procedure and failed to meet statutory requirements. The circuit court dismissed the petition for lack of stand
• Forte v. Miami-Dade Cnty.
  2017 WL 1927724· Fla. 3d DCA· 2019-04-24 ·cited 1×
  On second-tier certiorari review, the circuit court committed no error in affording procedural due process and applying the correct law when it upheld the County Commission's denial of the petitioners' appeal.
• Stamitoles v. State
  44 Fla. L. Weekly D149· Fla. 1st DCA· 2019-04-05 ·cited 1×
  Second-tier certiorari review is denied when the petitioner fails to show the circuit court departed from the essential requirements of law resulting in a miscarriage of justice; the narrow scope of second-tier review does not permit correction of mere legal error in the underlyi
• J.A. v. Housel
  271 So. 3d 54· Fla. 3d DCA· 2019-01-25 ·cited 1×
  J.A., a juvenile on probation, violated a trial court's "Do Not Run Order" by leaving her mother's home without permission for ten consecutive days. The trial court found J.A. in indirect criminal contempt on ten separate counts and sentenced her to ten consecutive days in secure
• Fla. Wellness & Rehab. Ctr. v. Mark J. Feldman, P.A.
  262 So. 3d 234· Fla. 3d DCA· 2018-12-19 ·cited 1×
  Florida Wellness challenged the dismissal of its appeal by the circuit court, which granted opposing counsel's motion to dismiss based on Florida Wellness's failure to timely pay a $216 clerk's office invoice and alleged failure to provide a complete appellate record. The Supreme
• Progressive Express Ins. Co. v. Fry Enters., Inc.
  264 So. 3d 1008· Fla. 2d DCA· 2018-10-31 ·cited 1×
  A circuit court sitting in its appellate capacity violates procedural due process when it fails to rule on a party's pending motions directed to the briefing and record before deciding the merits of a petition for certiorari. The circuit court must rule on such motions before add
• Spear v. State
  244 So. 3d 421· Fla. 5th DCA· 2018-05-28 ·cited 1×
  Florida appellate court reversed sentences and contempt conviction where trial court failed to conduct proper evidentiary hearing on willfulness of failure to appear and denied procedural due process in contempt proceedings.
• Boulineau v. Dep't of Hwy. Safety & Motor
  247 So. 3d 660· Fla. 1st DCA· 2018-05-18 ·cited 1×
  Section 322.28(2)(e) creates a legal fiction that the earlier offense is deemed a prior conviction for purposes of driver's license revocation, even when both convictions are entered on the same date. Therefore, a second DUI offense occurring within five years of an earlier offen
• Pinnacle Hous. Grp., LLC v. Fla. Hous. Fin. Corp.
  239 So. 3d 722· Fla. 3d DCA· 2017-08-10 ·cited 1×
  Pinnacle Housing Group and its principals challenged a temporary suspension order issued by the Florida Housing Finance Corporation (FHFC) that barred them from participating in the Agency's affordable housing funding programs pending an administrative proceeding. The Florida Thi
• Johnson v. State
  218 So. 3d 957· Fla. 5th DCA· 2017-02-03 ·cited 1×
  Johnson sought second-tier certiorari review of a circuit court appellate panel's affirmance of his indirect criminal contempt conviction. The Florida Fifth District Court of Appeal granted the petition on jurisdictional grounds, holding that the appellate division of the circuit