Procedural Due Process

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

• P&P Holdings Grp. LLC v. Hillsborough Cnty.
  13th Cir. Ct. App. Div.· 2025-08-10
  P&P Holdings, an agricultural LLC, appealed a code enforcement fine for hosting Jaripeo (traditional Hispanic rodeo) events with live music on its agricultural property. The appellate court quashed the violation order, finding that the Special Magistrate lacked competent substant
• Deliu v. Fla. Bd. of BAR Exam'rs
  N.D. Fla.· 2025-08-06
  The court held that the plaintiff failed to state a claim for relief because the Florida Supreme Court's creation of the Board of Bar Examiners and the Board's actions did not violate due process or Florida law.
• Williams v. The City of Daytona Beach
  M.D. Fla.· 2025-08-05
  The court held that Plaintiff's Title VII claims are time-barred due to failure to file a timely EEOC charge, and her procedural due process claim fails because an adequate state remedy exists.
• Rose v. Harris
  S.D. Fla.· 2025-07-07
  Parents and their minor children sued Florida's Department of Children and Families, individual DCF caseworker Kara Faso, and a hospital after the family's newborn was seized based on bruising consistent with a breech birth, and the children were placed in foster care for six mon
• Kendrick v. Sec'y, Dep't of Corr. (Hillsborough County)
  M.D. Fla.· 2025-06-13
  The court held that a federal court cannot grant habeas relief for claims not cognizable under federal law or for which adequate state remedies exist. The court denied claims regarding prosecutorial fraud and due process violations for mandatory costs, and dismissed a claim about
• Bishop v. Harper
  S.D. Fla.· 2025-06-11
  The court recommended dismissal of the complaint because it failed to state a claim, sought relief against immune defendants, and was frivolous in part. Claims against Judge Harper were recommended for dismissal with prejudice due to judicial immunity, while claims against other
• Penrod Bros. Inc v. City of Miami Beach
  S.D. Fla.· 2025-06-10
  The court granted in part and denied in part the motion to dismiss, dismissing the procedural and substantive due process claims for failure to allege a protected liberty or property interest.
• Sheets v. Charlotte Cnty.
  M.D. Fla.· 2025-06-10
  Special Magistrate Roepstorff is entitled to absolute quasi-judicial immunity, and certain claims against other defendants are dismissed for failure to state a claim or lack of constitutional basis.
• Macker v. Macker
  M.D. Fla.· 2025-06-03
  The court held that the plaintiff failed to state plausible claims for relief under 42 U.S.C. § 1983 against the defendants and dismissed the second amended complaint with prejudice.
• Carillon Community Residential v. Seminole Cnty.
  13th Cir. Ct. App. Div.· 2025-05-27
  Carillon Community Residential petitioned for a writ of certiorari challenging a Land Use Hearing Officer's approval of a Special Use application and Variance application. The court affirmed the LUHO's decision, finding that petitioners received procedural due process, the LUHO f
• Polisi v. Flynn
  M.D. Fla.· 2025-05-27
  Claims against Judge Flynn are dismissed with prejudice due to judicial immunity, and other claims are dismissed without prejudice for lack of jurisdiction under Younger abstention.
• DHSMV v. Pitts
  13th Cir. Ct. App. Div.· 2025-05-27
  A circuit court granted a petition for writ of certiorari challenging an administrative decision to revoke a driver's license, finding that the hearing officer violated the petitioner's procedural due process rights by improperly considering facts outside the record and failing t
• Bennett v. DHSMV
  13th Cir. Ct. App. Div.· 2025-05-27
  The court denied a petition for writ of certiorari challenging an administrative decision to uphold revocation of the petitioner's driving privileges following a DUI arrest and refusal to submit to a breath test. The petitioner argued the hearing officer departed from essential r
• Barnes v. Defelice
  M.D. Fla.· 2025-05-16
  The court held that a Bivens claim is improper against local police officers and that the plaintiff's complaint failed to state a claim under 42 U.S.C. § 1983 and violated federal pleading rules.
• Hoffman v. Domico
  N.D. Fla.· 2025-05-16
  The court held that the plaintiff's Fifth Amendment due process claim fails because the defendant is a state actor, not a federal official, and the Fourteenth Amendment applies to state actors.
• MedEnvios Healthcare, Inc. v. United States Dep't of Health & Human Servs.
  S.D. Fla.· 2025-04-21
  The court held that the defendant's interpretation of the prior order was correct, and the plaintiff is entitled to documentation to challenge overpayments, not a refund.
• Waller v. Dep't of Hwy. Safety & Motor Vehicles
  13th Cir. Ct. App. Div.· 2025-04-11
  Travis Waller, designated a habitual traffic offender and subject to a five-year license revocation, applied for a hardship license to drive on a limited basis for employment and other statutory purposes. The hearing officer denied his application finding him ineligible for hards
• Gildyard v. Child's. Network of Sw. Fla., L.L.C.
  M.D. Fla.· 2025-04-10
  The Court grants the motion to dismiss in part, finding the amended complaint suffers from being a shotgun pleading and that many claims fail due to lack of administrative exhaustion or failure to state a claim.
• Hall v. Masters
  M.D. Fla.· 2025-04-04
  The court held that the plaintiff failed to establish genuine issues of material fact on his claims of excessive seclusion, procedural due process violations, denial of access to courts, and retaliation, entitling the defendants to summary judgment.
• Bargnare v. Smith
  N.D. Fla.· 2025-03-06
  The court held that the plaintiff's claims are barred by the Rooker-Feldman doctrine, which prevents federal courts from exercising jurisdiction over cases that function as appeals of state court judgments.
• Stewart v. Brevard Cnty.
  M.D. Fla.· 2025-03-06
  The court held that the plaintiff's claims were not ripe because he had not received a final decision from the County regarding his waiver request, nor had he sufficiently demonstrated futility in seeking such a decision.
• Sheets v. Prummell
  M.D. Fla.· 2025-03-05
  The court held that claims against Deputy Williams in his official capacity are dismissed as duplicative, but individual capacity claims for viewpoint discrimination and retaliation survive. Prior restraint claim against Deputy is dismissed due to qualified immunity. Monell claim
• New Nat'l, LLC v. EBJ Sagamore, LLC
  Fla. 3d DCA· 2025-03-05
  New National seeks second-tier certiorari review of an Appellate Division decision that denied its petition to quash a Historic Preservation Board order approving a Certificate of Appropriateness for hotel renovations and residential construction in Miami Beach. The court denies
• Epoch Props., Inc. v. City of Palmetto
  M.D. Fla.· 2025-03-04
  The court held that Epoch has standing as a real party in interest and sufficiently alleged equitable title, but dismissed Epoch's per se takings claim because the property retained some economic value.
• Soanes v. Maddox
  M.D. Fla.· 2025-02-21
  Keith Soanes, an inmate in the Florida Department of Corrections, filed a pro se civil rights complaint alleging that defendants violated his First and Fourteenth Amendment rights by deleting his incoming and outgoing emails and scanned mail without notice, and by issuing vague c
• Deppe v. Sovinski
  M.D. Fla.· 2025-02-18
  The court held that the defendants are entitled to qualified immunity because they acted within the scope of their discretionary authority and the plaintiff failed to demonstrate that their actions violated clearly established law.
• Lee v. Gulfport City
  M.D. Fla.· 2025-01-22
  The court held that the plaintiff plausibly stated claims for substantive and procedural due process violations, and First Amendment retaliation, but dismissed the claim that the trespass policy was void for vagueness.
• Sanon v. Saint Lucie Cnty. Jail
  S.D. Fla.· 2025-01-14
  The court held that claims for inmate account withdrawals between 2015-2018 are dismissed with prejudice as time-barred, and a claim for a 2024 withdrawal fails to state a procedural due process violation and is dismissed without prejudice.
• Aria Reserve 5005 LLC v. S. Park Tower LLC
  Fla. 3d DCA· 2024-12-18
  A trial court must conduct an evidentiary hearing on a motion for temporary injunction to afford parties procedural due process through fair notice and a meaningful opportunity to be heard.
• Bonati v. State of Fla. Agency for Health Care Admin.
  M.D. Fla.· 2024-12-04
  The court held that the plaintiffs' claims for due process violations and tortious interference were barred by qualified and sovereign immunity, respectively, and thus failed to state a plausible claim.
• MedEnvios Healthcare, Inc. v. United States Dep't of Health & Human Servs.
  S.D. Fla.· 2024-11-25
  The court held that MedEnvios's due process rights were not violated by the exclusion of zero-paid claims, interest accumulation, or recoupment, but MedEnvios is entitled to an accounting.
• Primecare Network, Inc. v. Payroll LLC
  Fla. 4th DCA· 2024-11-13
  Primecare Network, Inc. appealed the denial of its motion to vacate a default final judgment and an accompanying writ of garnishment. The Fourth District Court of Appeal reversed, finding that both the clerk's default and the judicial default were void due to procedural due proce
• Smith v. City of Miami
  Fla. 3d DCA· 2024-10-16
  A petition for writ of certiorari on second-tier review is denied when the circuit court afforded procedural due process and applied the correct law.
• Day v. Hernando Cnty.
  M.D. Fla.· 2024-10-04
  The court held that the plaintiff did not possess a constitutionally protected property interest in his continued employment, and even if he did, the state provides adequate remedies for any due process deprivation.
• African People's Educ. & Def. Fund, Inc. v. Pinellas Cnty.
  M.D. Fla.· 2024-09-30
  The court held that the plaintiff failed to state plausible claims for relief under the First Amendment, Due Process Clause, and Equal Protection Clause, and therefore dismissed the amended complaint with prejudice.
• Pereyra-Diaz v. City of Doral
  S.D. Fla.· 2024-09-23
  The court recommended denying the motion to dismiss, finding that the plaintiff plausibly alleged a property interest in her employment, a deprivation of due process due to lack of a hearing, and a liberty interest claim based on a stigmatizing statement in her termination letter
• Lorch v. Masters
  M.D. Fla.· 2024-09-17
  The court held that most damages claims were dismissed for failing to state a claim or for being too vague, but claims against Defendant Masters regarding tobacco suspension and policy claims under RLUIPA and the First Amendment could proceed.
• Myers v. City of Naples
  M.D. Fla.· 2024-09-12
  The court held that the plaintiff's complaint constituted a shotgun pleading, making it impossible to determine which allegations supported which claims, and thus granted the motion to dismiss.
• Polk St. Hotel, Inc. v. City of Stuart
  19th Cir. Ct. App. Div.· 2024-08-28
  Polk Street Hotel sought certiorari review of the City of Stuart's denial of its rezoning application. The court granted the petition, finding the City failed to state specific reasons for denial as required by the Land Development Code and that no competent substantial evidence
• City of Tampa v. Vickrey
  13th Cir. Ct. App. Div.· 2024-08-26
  The City of Tampa challenged the Department of Highway Safety and Motor Vehicles' decision to reinstate Jennifer Vickrey's driving privileges after an administrative hearing where the arresting officer failed to appear, despite being properly subpoenaed. The court denied the City
• Doe v. Hernando Cnty. Sch. Dist.
  M.D. Fla.· 2024-08-26
  The parent and eight-year-old disabled student filed this discrimination suit against a school district and school officials, alleging physical abuse, failure to provide educational accommodations, and retaliation following complaints to authorities. The court granted the plainti
• Peterka v. Dixon
  N.D. Fla.· 2024-08-20
  The court held that the plaintiff prisoner received constitutionally adequate notice and opportunity to challenge email censorship, even if the reasons provided were vague.
• Malcolm v. City of Miami-Dade Cnty.
  S.D. Fla.· 2024-08-16
  The court held that the pro se plaintiff's civil rights complaint must be dismissed because he failed to state a claim and the defendants are immune from suit.
• Jones v. Miami-Dade Cnty.
  S.D. Fla.· 2024-08-05
  The court granted summary judgment for the defendants, finding that only the plaintiff's termination was a timely actionable claim and that he failed to establish claims for race discrimination, national origin discrimination, or retaliation.
• Arcadio J. Reyes v. City of W. Miami
  Fla. 3d DCA· 2024-07-24
  The circuit court's decision is affirmed because no preliminary basis for reversal has been demonstrated.
• Harper v. City of Key Colony Beach
  Fla. 3d DCA· 2024-07-24
  A petition for second-tier certiorari review is denied when the circuit court acting in its appellate capacity has not departed from the essential requirements of law or denied procedural due process.
• Safety Harbor Powersports, LLC v. City of Safety Harbor
  M.D. Fla.· 2024-07-12
  The court held that the plaintiff failed to sufficiently plead a 'class of one' equal protection claim because it did not identify a similarly situated comparator with adequate specificity, and dismissed the procedural due process claim for failure to plead the unavailability of
• Stewart v. Brevard Cnty.
  M.D. Fla.· 2024-07-01
  The court held that the plaintiff's claims were not ripe for judicial review because he had not received a final decision from the County regarding his waiver application, and thus the court lacked subject matter jurisdiction.
• MedEnvios Healthcare, Inc. v. United States Dep't of Health & Human Servs.
  S.D. Fla.· 2024-07-01
  The court denied the defendant's motion for reconsideration because it failed to demonstrate a valid basis for reconsideration under Rule 59(e) or Rule 60(b), and did not present new facts or law to disturb the prior ruling.
• B.D. v. Dep't of Child. & Families
  Fla. 3d DCA· 2024-05-01
  B.D., a mother in a dependency proceeding, challenged a court order requiring her to undergo a psychological evaluation as part of her case plan. The Third District Court of Appeal reversed the portion of the order requiring the mental health examination because the trial court f