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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
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M.D. Fla.·
2024-04-26
The court held that the inmate's First Amendment Free Exercise claim may proceed against the chaplain in his individual capacity, but claims under RLUIPA, the Eighth Amendment, and the Fourteenth Amendment are dismissed.
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M.D. Fla.·
2024-04-23
A property owner sued the City of Clewiston and municipal officials over a zoning dispute involving its mobile home park, which was rezoned from residential to commercial in 2007, and the subsequent issuance of termination notices demanding cessation of the non-conforming use. Th
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S.D. Fla.·
2024-04-08
A pro se prisoner's civil-rights complaint alleging confiscation of a prison-issued tablet and purchased music fails to state a claim because the prisoner lacks a constitutionally protected property interest in the tablet and has adequate post-deprivation remedies under state law
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S.D. Fla.·
2024-03-26
Summary judgment is granted for the City because the Kesslers failed to sufficiently allege that their property was taken without just compensation, and summary judgment is granted for the Individual Defendants as the Kesslers conceded dismissal against them.
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S.D. Fla.·
2024-03-25
The court held that the Department of Health and Human Services violated MedEnvios's due process rights by failing to timely provide documentation supporting recalculated overpayment amounts, but did not violate due process by excluding zero-paid claims from sampling.
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M.D. Fla.·
2024-03-15
The Court granted the Defendants' Motions to Dismiss, finding the Amended Complaint to be a shotgun pleading and dismissing it without prejudice, while also expressing doubts about the viability of the Section 1983 claims.
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Fla. 4th DCA·
2024-03-06
A trial court abuses its discretion when it fails to provide a party with the same opportunity to be heard and present evidence as the opposing party in a contempt hearing, thereby violating the party's fundamental right to procedural due process.
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13th Cir. Ct. App. Div.·
2024-02-27
Jimmy Charles, a Tampa firefighter, sought service-connected duty disability retirement after a work-related knee injury. The Pension Board discontinued his application because he voluntarily resigned before his hearing rather than serve out his paid disability leave, viewing his
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M.D. Fla.·
2024-02-06
The court held that the plaintiff failed to exhaust administrative remedies and did not state a claim under the Eighth or Fourteenth Amendments.
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Fla. 5th DCA·
2024-01-12
The appellate court reversed a trial court's denial of a trust's motion to intervene in a foreclosure case. The court found that the trust was denied due process because its motion was considered and denied at a case management conference without proper notice that the motion wou
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Fla. 5th DCA·
2024-01-12
A trial court violates a party's procedural due process rights and commits fundamental error by hearing and ruling on a motion at a case management conference when the notice of conference does not specify that the motion will be addressed. Due process requires notice reasonably
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Del. Super. Ct.·
2023-12-28
The Court held that an emergency ex parte Protection from Abuse Order (PFA) requiring a defendant to temporarily surrender firearms does not violate the Second Amendment or Due Process rights. The Court found that individuals subject to domestic violence orders fall into a presum
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S.D. Fla.·
2023-12-12
Ball & Chain LLC and Taquerias, restaurants in Miami's Little Havana neighborhood, sued the City of Miami under Section 1983 alleging that City Commissioner Joe Carollo orchestrated a pattern of harassment through inspections, ordinances, and code enforcement actions motivated by
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M.D. Fla.·
2023-12-11
The court held that a probationary deputy sheriff in Florida does not have a constitutionally protected property interest in their employment, thus precluding a procedural due process claim.
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S.D. Fla.·
2023-12-11
Homeless individuals sued the City of Miami under Section 1983, alleging that the city violated their Fourth Amendment and due process rights by seizing and destroying their personal property during encampment cleanups without adequate notice or opportunity to recover their belon
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M.D. Fla.·
2023-11-29
The court held that federal civil rights claims against private actors fail without state action, Rooker-Feldman bars review of state court judgments, ADA claims fail against private entities, and the constitutional challenge is time-barred.
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M.D. Fla.·
2023-11-15
The court held that plaintiff sufficiently pleaded an Eighth Amendment excessive force claim and state law tort claims, but dismissed the due process claim and official-capacity claims.
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Fla. 4th DCA·
2023-11-01
The appellate court reversed a permanent injunction against condominium owners, finding the hearing procedurally improper because it lacked adequate notice that it would serve as a final hearing on the merits. The court emphasized that parties are entitled to rely on procedural r
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N.D. Fla.·
2023-11-01
The court held that the plaintiff's Takings Clause claim is dismissed without prejudice, and his substantive due process claims for damages and declaratory relief are dismissed with prejudice and without prejudice, respectively, due to qualified immunity and Eleventh Amendment im
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M.D. Fla.·
2023-09-21
The court held that the plaintiff failed to state plausible claims for relief under the First, Fourth, Eighth, and Fourteenth Amendments, and dismissed the complaint.
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Fla. 3d DCA·
2023-09-20
A petition for second-tier certiorari review is denied where the petitioner fails to demonstrate that the lower tribunal violated procedural due process or departed from the essential requirements of law in a manner resulting in a miscarriage of justice.
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Fla. 3d DCA·
2023-09-20
The circuit court did not depart from essential requirements of law when it reversed the special magistrate's orders based on plain meaning of unambiguous Land Development Code sections, as deference to agency interpretation is not required where statutory language is clear and u
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S.D. Fla.·
2023-09-19
Police Captain Sergio Perez sued the City of Opa-Locka under the First Amendment and Florida's Whistleblower Act, claiming retaliation for raising concerns about financial mismanagement and for filing the lawsuit itself. The court granted the city's motion for summary judgment on
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M.D. Fla.·
2023-09-11
The court held that the magistrate judge's denial of the petitioner's motion for release pending his habeas corpus action was not clearly erroneous or contrary to law.
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M.D. Fla.·
2023-09-08
The court held that Eleventh Amendment sovereign immunity bars the § 1983 and breach of contract claims, and the Title IX claim fails for lack of plausible allegations of gender bias.
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S.D. Fla.·
2023-09-01
The court held that the pro se prisoner's complaint was a shotgun pleading, failed to state claims under the Eighth and Fourteenth Amendments, and his application to proceed in forma pauperis was legally insufficient.
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Del.·
2023-08-30
The Delaware bail system, as reflected in Chapter 21 of Title 11 of the Delaware Code and related rules, does not violate the Equal Protection Clause of the Fourteenth Amendment. It also does not violate the Due Process Clause of the Fourteenth Amendment, provided that courts imp
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S.D. Fla.·
2023-08-21
The court held that it lacks subject matter jurisdiction to review claims for unreasonable agency delay or to compel agency action under the APA and Mandamus Act, and that the INA explicitly prohibits judicial review of decisions regarding unlawful presence waivers.
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15th Cir. Ct. App. Div.·
2023-08-17
114 East Ocean LLC appeals a code enforcement violation finding by the Town of Lantana. The appellate court reversed and remanded because the Town applied an outdated version of the ordinance at the enforcement hearings rather than the revised code in effect at the time of the vi
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Fla. 3d DCA·
2023-07-26
Due process in quasi-judicial agency proceedings is satisfied when parties receive notice of the hearing and a meaningful opportunity to be heard.
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Fla. 3d DCA·
2023-07-26
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S.D. Fla.·
2023-07-20
A bankruptcy estate's chapter 7 trustee and a creditor settled their dispute over a commercial property through a settlement agreement that included cash bond repayment, joint sale of their respective property interests, and mutual releases, and the district court affirmed the ba
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M.D. Fla.·
2023-07-10
The court held that most of the plaintiff's claims failed to state a claim upon which relief could be granted, with only one claim surviving dismissal.
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S.D. Fla.·
2023-07-07
The court held that the plaintiff failed to state a plausible claim for deprivation of procedural due process and denied leave to amend as futile.
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13th Cir. Ct. App. Div.·
2023-06-14
Petitioners sought a writ of certiorari to quash a county's approval of a rezoning from agricultural to planned development (allowing a convenience store and gas station). The court denied the petition, holding that petitioners received adequate procedural due process and that su
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M.D. Fla.·
2023-06-09
The court held that the plaintiff's civil rights complaint was premature because success on his claim would necessarily imply the invalidity of the disciplinary punishment, and alternatively, that he failed to state a claim because he was not deprived of a protected liberty inter
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S.D. Fla.·
2023-06-01
A federal court in Miami denied in part and granted in part motions to dismiss a civil rights complaint arising from police use of force against a peaceful protester during a George Floyd demonstration in Fort Lauderdale on May 31, 2020. The court held that the plaintiff stated a
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Del. Super. Ct.·
2023-05-31
The Superior Court dismissed the landowners' statutory appeal of a minor subdivision plan approval, finding no statutory basis for such an appeal. However, the court granted the landowners' motion to amend their petition to seek a writ of certiorari, finding the amendment timely
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13th Cir. Ct. App. Div.·
2023-05-25
Chase Engelbrecht challenged an administrative suspension of his driving privileges for refusing a breathalyzer test after his arrest for leaving the scene of a hit-and-run accident. The circuit court affirmed the suspension, finding competent substantial evidence supported the h
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Fla. 1st DCA·
2023-05-23
The appellate court granted a writ of certiorari to quash a trial court's order that improperly granted party status to foster parents in a dependency case. The court found the trial court misapplied the statute governing caregiver objections, which should not apply when reunific
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M.D. Fla.·
2023-05-12
The court recommended granting in part the motion to declare plaintiffs vexatious litigants, restricting their ability to file new cases in the U.S. District Court for the Middle District of Florida.
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Fla. 5th DCA·
2023-04-28
The appellate court affirmed in part and reversed in part a guardianship order. While the court lacked jurisdiction to hear an appeal of the incapacity finding due to untimeliness, it reversed the order transferring a property to the guardian without the wife's consent and the or
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S.D. Fla.·
2023-04-10
The federal court denied the petition for writ of habeas corpus because the state court's determination that the defendant was competent to stand trial, made nunc pro tunc, was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determinati
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M.D. Fla.·
2023-03-31
The court held that the plaintiff plausibly alleged a procedural due process claim for deprivation of a property interest in his employment, but failed to plausibly allege a procedural due process claim for deprivation of a liberty interest.
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Fla. 4th DCA·
2023-03-08
A party's failure to attend an adversarial hearing on an injunction petition constitutes excusable neglect when the party receives only twenty-four hours' notice and the circumstances create justifiable confusion about whether counsel was properly notified. Vacating is warranted
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Fla. 4th DCA·
2023-03-08
The appellate court reversed a trial court's denial of a motion to vacate a protective injunction. The court found that the appellant's failure to attend the hearing, due to confusion caused by improper service and the attachment of a prior dismissed petition, constituted excusab
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M.D. Fla.·
2023-03-02
Befaithful Coker, a community activist, sued multiple defendants, including city officials, a judge, and private citizens, alleging that they retaliated against her when the Lake City Council initially appointed but then refused to seat her on the council after she made public di
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S.D. Fla.·
2023-02-27
The court held that the plaintiffs failed to plead a viable Monell claim, thus the City cannot be held liable under § 1983.
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M.D. Fla.·
2023-02-21
Administrative approval to sell alcohol via a non-conforming use is not a constitutionally protected property interest, and even if it were, the plaintiff received adequate process through state court proceedings.