Procedural Due Process

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

• Carrillo v. Carrillo
  204 So. 3d 985· Fla. 5th DCA· 2016-12-09 ·cited 1×
  Florida appellate court reversed an injunction for protection against domestic violence because the trial court relied on non-record evidence from other cases without following proper judicial notice procedures under Florida Statutes § 90.204(1).
• The Sch. Bd. OF Hillsborough Cnty. v. Tenney
  210 So. 3d 130· Fla. 2d DCA· 2016-09-16 ·cited 1×
  The School Board of Hillsborough County sought second-tier certiorari review of a circuit court order that had quashed the school board's decision to terminate teacher David Tenney's employment. The District Court of Appeal held that the circuit court applied the wrong standard o
• Lezcano v. State
  177 So. 3d 1024· Fla. 3d DCA· 2015-10-28 ·cited 1×
  The court held that a party seeking reversal based on erroneous denial of for-cause challenges must establish error as to both jurors when the trial court grants an additional peremptory challenge.
• Sullivan v. Jones
  165 So. 3d 26· Fla. 1st DCA· 2015-04-29 ·cited 1×
  Joe Sullivan challenged the Florida Department of Corrections' recalculation of his prison release date after discovering a gain-time calculation error that extended his sentence by over five years. The court held that when applying gain time credits to newly consecutive sentence
• Villa Lyan, Inc. v. Perez
  159 So. 3d 940· Fla. 3d DCA· 2015-03-11 ·cited 1×
  Villa Lyan, a non-profit education provider, challenged an Appellate Division order that dismissed its administrative appeal for using an improper remedy and awarded attorney fees to the opposing party. The District Court of Appeal granted the petition for writ of certiorari, hol
• Taxi USA OF Palm Beach, LLC v. City OF Boca Raton
  162 So. 3d 119· Fla. 4th DCA· 2014-11-12 ·cited 1×
  Taxi USA sought a certificate to operate 30 taxicabs in Boca Raton. A hearing officer granted the certificate, but the City Council reversed on appeal. Taxi challenged the reversal by certiorari, arguing the Council improperly reweighed evidence and applied inconsistent standards
• Torres v. Sussex Cnty. Council
  2013 WL 6407711· Del. Super. Ct.· 2014-09-29 ·cited 1×
  The Delaware Superior Court granted the defendant's motion to dismiss all six of the plaintiff's claims. The court found that the county ordinance did not create a private cause of action for wrongful termination, that the allegations of political discrimination were insufficient
• Failer v. State
  139 So. 3d 359· Fla. 1st DCA· 2014-04-22 ·cited 1×
  Dr. Failer petitioned for judicial review of an emergency suspension order (ESO) suspending his osteopathic medical license due to allegations of prescribing high doses of controlled substances without adequate medical justification. The court granted the petition, ordered the De
• Brooks v. Walker-Brooks
  119 So. 3d 552· Fla. 1st DCA· 2013-08-23 ·cited 1×
  Harvey Brooks appealed a family court order denying his venue change request and awarding $600 in attorney's fees to his wife's counsel. The First District Court of Appeal reversed, finding that the trial court held an unnoticed hearing violating due process and that the fee awar
• City OF Atl. Beach v. Donald and Karen Wolfson
  118 So. 3d 993· Fla. 1st DCA· 2013-08-15 ·cited 1×
  The City of Atlantic Beach sought second-tier certiorari review of a circuit court order that had granted the Wolfsons' certiorari petition challenging the denial of their variance request. The First District Court of Appeal reversed, holding that the circuit court applied incorr
• J.D.C. v. M.E.H.
  118 So. 3d 933· Fla. 2d DCA· 2013-08-07 ·cited 1×
  The Father appealed a paternity judgment establishing time-sharing and child support obligations. The appellate court affirmed the parenting plan but reversed the award of attorney's fees to the Mother, finding the Father was exercising a due process right to challenge the social
• Hurley v. State
  112 So. 3d 114· Fla. 1st DCA· 2013-04-16 ·cited 1×
  Tina Jinnette Hurley sought certiorari review of a county court order permitting a peer-reviewing FDLE analyst to testify at her DUI trial in place of the original analyst. The appellate court dismissed her petition, holding that she failed to demonstrate irreparable harm that co
• Williams v. State
  108 So. 3d 1127· Fla. 5th DCA· 2013-03-08 ·cited 1×
• City OF Sunny Isles Beach v. Publix Super Mkts., Inc.
  88 So. 3d 224· Fla. 3d DCA· 2011-10-19 ·cited 1×
  The City of Sunny Isles Beach sought second-tier certiorari review to overturn the circuit court's decision quashing the City Commission's nullification of Publix's site plan application on grounds of fraud. The District Court of Appeal reversed, holding that the circuit court vi
• Glary v. Israel
  53 So. 3d 1095· Fla. 1st DCA· 2011-01-24 ·cited 1×
  A Florida appellate court reversed a trial court order requiring Harrell & Harrell and Daniel Glary to transfer disputed funds to a receiver appointed to wind up the defunct law firm Glary & Israel. The court held that the trial court violated procedural due process by ordering t
• Log Creek, LLC. v. Kessler
  717 F. Supp. 2d 1239· N.D. Fla.· 2010-06-03 ·cited 1×
  The court held that equal protection claims were adequately alleged, but procedural due process, taking, open meeting, and defamation claims failed for various reasons including ripeness, immunity, lack of recurrence, and failure to allege fault.
• Sch. Bd. of Lee Cnty. v. ES
  561 F. Supp. 2d 1282· M.D. Fla.· 2008-03-10 ·cited 1×
  The court adopted the magistrate judge's recommendation for residential placement for B.S. at no cost to the parent, but found in favor of the School Board regarding alleged procedural deficiencies in the IEP process.
• Legal Experts, PL v. Tryzbiak
  970 So. 2d 893· Fla. 5th DCA· 2007-12-21 ·cited 1×
  Attorney Gary Doane appealed a trial court order compelling him to deliver a former client's file to successor counsel and to bear the costs of copying the file. The appellate court vacated and remanded because Doane was not afforded adequate notice and opportunity to be heard on
• Schwarz v. City of Treasure Island
  521 F. Supp. 2d 1307· M.D. Fla.· 2007-10-03 ·cited 1×
  Summary judgment for the defendants is granted because the properties are not 'dwellings' under the FHA, and even if they were, the plaintiffs failed to establish discriminatory intent or impact by the City's zoning enforcement.
• Smith v. McDONOUGH
  955 So. 2d 644· Fla. 4th DCA· 2007-05-02 ·cited 1×
  Court reversed a trial court's sua sponte venue transfer from Okeechobee County to Leon County because the transfer was made without notice or opportunity to be heard, and remanded for a hearing on whether the plaintiff's constitutional violation allegations qualify for the sword
• Cloyd v. State
  943 So. 2d 149· Fla. 3d DCA· 2006-07-12 ·cited 1×
  Thomas Porter Cloyd, a copilot, was convicted of operating an aircraft while intoxicated in violation of Florida Statute § 860.13. The appellate court affirmed the conviction, rejecting preemption challenges, constitutional vagueness and delegation arguments, and evidentiary obje
• Swindle v. State
  926 So. 2d 440· Fla. 3d DCA· 2006-04-12 ·cited 1×
  On remand from the Florida Supreme Court's reversal of Espindola, the court affirms the denial of Swindle's Rule 3.850 post-conviction relief motion, holding that the Florida Sexual Predators Act does not violate procedural due process.
• Johnson v. State
  906 So. 2d 361· Fla. 5th DCA· 2005-07-15 ·cited 1×
  Florida appellate court granted habeas corpus petition because trial court failed to comply with Rule of Criminal Procedure 3.830 by not giving defendant adequate opportunity to present evidence of excusing or mitigating circumstances in direct criminal contempt proceeding.
• Dep't of Hwy. Safety & Motor Vehicles v. McCLUNG
  878 So. 2d 480· Fla. 1st DCA· 2004-07-30 ·cited 1×
• Thomas v. Fla. Parole Comm'n
  872 So. 2d 339· Fla. 2d DCA· 2004-04-14 ·cited 1×
  Stanley Thomas challenged the revocation of his conditional release by the Florida Parole Commission. The court granted his certiorari petition, finding that his conditional release was illegally revoked because he was never properly ordered to complete the drug treatment conditi
• Modern, Inc. v. Florida
  381 F. Supp. 2d 1331· M.D. Fla.· 2004-04-14 ·cited 1×
  The court held that inverse condemnation claims are not barred by res judicata or collateral estoppel because the administrative proceedings did not fully litigate those issues. The court also found that federal equal protection claims were not barred due to an untimely England-J
• United Auto. Ins. Co. v. Total Rehab & Med. Ctr.
  870 So. 2d 866· Fla. 3d DCA· 2004-02-04 ·cited 1×
  United Automobile Insurance Company sought reinstatement of three appeals dismissed by the circuit court's appellate division for failure to timely file initial briefs. The court granted certiorari, holding that dismissal for procedural default without fair warning violates estab
• 219 S. Atl. Boulevard Inc. v. City of Fort Lauderdale
  239 F. Supp. 2d 1265· S.D. Fla.· 2002-12-03 ·cited 1×
  The court held that summary judgment was appropriate because no genuine issues of material fact existed regarding the plaintiff's claims, and the defendant was entitled to judgment as a matter of law.
• Hernandez v. Medows
  110 F. Supp. 86· S.D. Fla.· 2002-08-26 ·cited 1×
  The court held that the named plaintiffs met the requirements for class certification under Rule 23(b)(2), but the Florida Transplant Survivors Coalition did not establish standing.
• Dep't of Hwy. Safety & Motor Vehicles v. Nelson
  823 So. 2d 828· Fla. 1st DCA· 2002-08-12 ·cited 1×
  The Florida Department of Highway Safety and Motor Vehicles appealed a circuit court's decision quashing a license suspension order. The appellate court reversed, holding that radar admissibility statutes applicable to speeding violations do not apply to implied consent administr
• Baker v. Chandler
  161 F. Supp. 2d 1372· S.D. Fla.· 2001-09-19 ·cited 1×
  The court held that the plaintiff's speech was not protected under the First Amendment as it did not concern a matter of public concern, and that he received adequate procedural due process. State law claims were dismissed for lack of jurisdiction.
• Gainer v. City of Winter Haven
  134 F. Supp. 2d 1295· M.D. Fla.· 2000-11-08 ·cited 1×
  The court dismissed the procedural due process claim for lack of jurisdiction and failure to state a claim, finding Florida's certiorari review adequate. The First Amendment claim was dismissed because the recommending official lacked final policymaking authority and there was no
• Occean v. Kearney
  123 F. Supp. 2d 618· S.D. Fla.· 2000-08-09 ·cited 1×
  The court held that the plaintiff stated a claim for procedural due process and violations of the Child Welfare Act, but not for substantive due process.
• The City OF Jacksonville v. John and Noreen Huffman
  764 So. 2d 695· Fla. 1st DCA· 2000-06-08 ·cited 1×
  The circuit court departed from the essential requirements of law by ruling on issues not raised by the parties and by issuing an internally inconsistent order.
• Dressler v. Jenne
  87 F. Supp. 2d 1308· S.D. Fla.· 2000-03-02 ·cited 1×
  The court held that the plaintiff received adequate due process, including a meaningful opportunity to clear his name, and therefore his liberty interest was not violated.
• Valeo v. State
  745 So. 2d 542· Fla. 4th DCA· 1999-12-08 ·cited 1×
• Pemberton v. Tallahassee Mem'l Reg'l Med. Ctr., Inc.
  66 F. Supp. 2d 1247· N.D. Fla.· 1999-10-13 ·cited 1×
  The court held that forcing a pregnant woman to undergo a medically necessary caesarean section to save the fetus's life did not violate her constitutional rights, nor was it negligent, and that federal courts lack jurisdiction to review state court procedural decisions.
• A.G. v. State
  736 So. 2d 151· Fla. 1st DCA· 1999-07-07 ·cited 1×
• Collins & Co., Inc. v. City of Jacksonville
  38 F. Supp. 2d 1338· M.D. Fla.· 1998-05-08 ·cited 1×
  The court held that real property rights and reputational rights are not fundamental rights protected by substantive due process, and that adequate post-deprivation remedies exist for the alleged procedural due process violations.
• Goodman v. Cnty. Court IN Broward Cnty.
  711 So. 2d 587· Fla. 4th DCA· 1998-04-15 ·cited 1×
  A municipality may elect to prosecute housing code violations in county court even if a code enforcement board exists for such violations, as the statutory scheme provides supplemental enforcement means.
• Coletta v. the City of N. Bay Vill.
  962 F. Supp. 1486· S.D. Fla.· 1997-04-11 ·cited 1×
  The court granted motions to dismiss Counts I and IV, finding no valid claims for substantive or procedural due process violations, but denied motions to dismiss Counts II and III, allowing claims for First Amendment violations and qualified immunity to proceed.
• Foster v. Jackson Cnty.
  895 F. Supp. 301· N.D. Fla.· 1995-07-03 ·cited 1×
  The court held that the plaintiff's allegations sufficiently stated a claim for deprivation of a liberty interest under Section 1983, as the alleged false and stigmatizing statements, made in connection with his discharge, foreclosed future employment opportunities, and the defen
• Bland v. Madison Cnty.
  895 F. Supp. 1515· N.D. Fla.· 1995-04-19 ·cited 1×
  The court granted summary judgment for the County on the substantive due process and First Amendment claims, and dismissed the procedural due process claim voluntarily. The court found that the plaintiff failed to establish a genuine issue of material fact regarding her constitut
• Capsalis v. Worch
  902 F. Supp. 227· M.D. Fla.· 1995-04-14 ·cited 1×
  Deputy sheriffs in Florida do not have a property interest in their employment for Fourteenth Amendment due process purposes, as they serve at the pleasure of the Sheriff, and the relevant special law did not create a career service system.
• Uniforce Temp. Pers., Inc. v. Nat'l Council on Comp. Ins.
  892 F. Supp. 1503· S.D. Fla.· 1995-04-06 ·cited 1×
  The court held that the plaintiffs' antitrust claims were barred by the McCarran-Ferguson Act and the filed rate doctrine, and that their constitutional claims failed due to the availability of post-deprivation remedies and lack of substantive due process violation.
• Farina v. City of Tampa
  874 F. Supp. 383· M.D. Fla.· 1994-12-13 ·cited 1×
  The court held that the plaintiffs had a protected liberty interest in notice and a hearing before being deprived of custody of the child, and that the defendants' actions violated their procedural due process rights.
• Cont'l Cas. Co. v. Gen. Dev. Corp. (In Re Gen. Dev. Corp.)
  165 B.R. 685· S.D. Fla.· 1994-03-15 ·cited 1×
  The court held that any initial due process violations suffered by CCC were cured by subsequent hearings, that the bankruptcy court did not abuse its discretion in granting nunc pro tunc relief, and that the court had jurisdiction to issue the orders.
• Susanno v. Lee Cnty. Bd. of Cnty. Comm'rs
  852 F. Supp. 980· M.D. Fla.· 1994-03-01 ·cited 1×
  The court held that the plaintiff failed to present sufficient evidence to create a jury question regarding her constitutional claims for freedom of speech, association, substantive due process, and procedural due process, as she was an at-will employee with no protected property
• Restigouche, Inc. v. Town of Jupiter
  845 F. Supp. 1540· S.D. Fla.· 1993-12-15 ·cited 1×
  The court held that the plaintiff's federal takings claims were not ripe for review, and granted summary judgment for the defendant on the arbitrary and capricious due process claims, finding no substantial federal question.
• Hargray v. City of Hallandale
  830 F. Supp. 1467· S.D. Fla.· 1993-08-30 ·cited 1×
  The court held that Hargray's resignation was involuntary and constituted a deprivation of his property interest in continued employment without due process, making the City liable under 42 U.S.C. § 1983.