Procedural Due Process

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

• Howard v. Coonrod
  M.D. Fla.· 2023-02-17
  Florida's parole procedures, as implemented by the FCOR, provide juvenile offenders serving life sentences with a meaningful opportunity for release, satisfying the requirements of the Eighth and Fourteenth Amendments.
• K.N. and D.N. v. Dep't of Child. & Families
  Fla. 4th DCA· 2023-02-08
  Foster parents who have cared for a dependent child for fewer than nine months do not have standing to intervene in a modification of placement proceeding because the Florida Rules of Juvenile Procedure limit party status to current caregivers meeting the nine-month threshold. Ad
• Roberts v. Burtz
  M.D. Fla.· 2023-01-10
  The court held that the plaintiff's claims for excessive force, assault, battery, and failure to intervene against named officers may proceed to service of process, while the procedural due process claim is dismissed.
• Florida Statewide Guardian AD Litem Program v. T. M.
  Fla. 2d DCA· 2022-12-02
  The appellate court reversed a trial court's adjudication of dependency, finding that the trial court erred by refusing to consider the Guardian ad Litem Program's (GALP) challenge to T.M.'s status as the child's legal parent. The court held that the GALP properly invoked the tri
• Roberts v. Burtz
  M.D. Fla.· 2022-10-24
  The court held that official capacity claims are dismissed with prejudice for failure to allege policy or custom, while individual capacity claims for excessive force, assault, and battery may proceed, but failure to intervene and procedural due process claims are dismissed witho
• THE City of N. Port v. W. Villagers for Responsible Gov't, Inc.
  348 So. 3d 680· Fla. 2d DCA· 2022-10-07
  On second-tier certiorari review, when the circuit court has afforded procedural due process and applied the correct law, second-tier certiorari relief is not warranted.
• Dalk Land, L.P. v. Giampaoli
  Fla. 3d DCA· 2022-09-14
  The appellate court denied a petition for second-tier certiorari, finding that the circuit court correctly quashed an administrative law judge's decision. The circuit court did not depart from essential legal requirements by finding the ALJ exceeded its appellate authority.
• Oswald v. Diggs
  M.D. Fla.· 2022-09-01
  The court held that Count I must be dismissed because the plaintiff failed to allege the lack of adequate state remedies and that his resignation was voluntary, not a constructive discharge. However, the court found the stigmatizing statements sufficiently attended the alleged di
• Henley v. City of N. Miami
  26 Fla. L. Weekly Supp. 241· Fla. 3d DCA· 2022-08-17
  Second-tier certiorari review is limited to whether the circuit court afforded procedural due process and applied the correct law, and a circuit court's appellate decision rendered according to proper forms and rules is not remediable by certiorari even if erroneous in its legal
• Bauer v. Chronister
  M.D. Fla.· 2022-07-29
  The court held that the Sheriff's office's alleged failure to arrest a domestic violence perpetrator did not violate the Due Process Clause and that no special duty existed under Florida law to support a negligence claim.
• Citizens for Responsible Dev. v. THE City of Dania Beach
  Fla. 4th DCA· 2022-07-13
  The appellate court reversed a trial court's dismissal of a case, finding that plaintiffs had standing to challenge development agreements approved by the City of Dania Beach. The court held that plaintiffs were not required to show special damages to challenge the procedures use
• Munzel v. Hillsborough Cnty.
  M.D. Fla.· 2022-07-05
  The court held that the defendant's motion to dismiss the second amended complaint should be denied, allowing the takings, procedural due process, and negligence claims to proceed.
• J.T.B. v. State
  Fla. 3d DCA· 2022-06-29
  This case addresses whether juvenile delinquency hearings conducted remotely via videoconferencing violate a juvenile's due process right to confrontation. The court held that such remote proceedings require case-specific findings of necessity to justify denying in-person confron
• D.S. v. State
  Fla. 3d DCA· 2022-06-29
  The court held that juvenile delinquency adjudicatory hearings conducted remotely via videoconferencing, without case-specific findings of necessity, violate a juvenile's due process right to confrontation. The court reversed the delinquency findings and remanded for new hearings
• F.L. v. State
  Fla. 3d DCA· 2022-06-29
  This case addresses whether juvenile delinquency hearings conducted remotely via videoconferencing violate a juvenile's due process right to confrontation. The court held that such remote appearances require case-specific findings of necessity to ensure fundamental fairness and r
• Hall v. Poppell
  M.D. Fla.· 2022-06-17
  The court held that claims based on fabricated disciplinary reports are premature if not invalidated, and sanctions imposed (administrative confinement and CARE level reduction) do not implicate constitutional due process concerns.
• Smith v. Florida Highway Patrol
  13th Cir. Ct. App. Div.· 2022-06-08
  Scott Smith's petition for writ of certiorari challenges his driver's license suspension following a DUI arrest on the ground that he was denied procedural due process when the hearing officer refused to subpoena the arresting officer on her own initiative, despite Smith being un
• Trauma & Rehab Assocs. v. Esurance Prop. & Cas. Ins. Co.
  Fla. 4th DCA· 2022-05-25
• Trauma & Rehab Assocs. v. Esurance Prop. & Cas. Ins. Co.
  Fla. 4th DCA· 2022-05-25
  Court reversed dismissal of PIP insurance claim because trial court violated provider's procedural due process rights by dismissing sua sponte without notice or opportunity to be heard.
• Deerfield Beach v. Vaillant
  13th Cir. Ct. App. Div.· 2022-04-29
  Petitioner sought certiorari review of the Department's decision upholding the suspension of his driving privileges based on an unlawful breath-alcohol level. The court rejected petitioner's contentions that the breath test was improperly obtained, unsupported by competent eviden
• Pittman v. Strong
  N.D. Fla.· 2022-04-25
  The court held that the petitioner received procedural due process in her prison disciplinary proceeding and that the decision was supported by some evidence.
• Butler v. Clark F. Brown, JR.
  Fla. 5th DCA· 2022-04-08
  A trial court violates a defendant's procedural due process rights by awarding relief that was not requested in the complaint, not noticed for hearing, and not argued by the parties. The injunction against the rope lights was affirmed, but the provision that it run with the land
• Butler v. Clark F. Brown, JR.
  Fla. 5th DCA· 2022-04-07
  This case involves a dispute over rope lights on a dock. The appellate court reversed a portion of the trial court's judgment, finding that ordering the injunction to "run with the land" violated the property owners' due process rights because it was not requested in the initial
• Deerfield Beach v. Vaillant
  13th Cir. Ct. App. Div.· 2022-04-05
  Petitioner challenges the Department's administrative suspension of his driving privilege for refusing a breath test, arguing the traffic stop was unlawful because the arrest report failed to articulate the officer's subjective basis for the stop. The court upholds the suspension
• Hodges v. Hoffman (Sarasota)
  M.D. Fla.· 2022-04-01
  The court held that a federal habeas petitioner challenging unaffordable bail must demonstrate the trial court's ruling was not rationally related to a legitimate government interest, and that the state court complied with procedural due process by considering less restrictive al
• Persaud Props. FL Invs., LLC v. Town of Fort Myers Beach
  M.D. Fla.· 2022-03-25
  The court held that Persaud failed to state a claim for a takings violation and substantive due process violation, but sufficiently alleged a procedural due process violation.
• Young v. Pasco Cnty. Detention Ctr.
  M.D. Fla.· 2022-03-16
  The court held that the plaintiff may proceed on claims for procedural due process and unconstitutional conditions of confinement, but his Equal Protection claim is dismissed without prejudice, with leave to amend.
• Munzel v. Hillsborough Cnty.
  M.D. Fla.· 2022-03-07
  The court held that the amended complaint sufficiently alleged a procedural due process claim against the County, but failed to state a claim for a categorical taking and that Officer Pisano was entitled to qualified immunity.
• Sheckler v. Monroe Cnty.
  Fla. 3d DCA· 2022-03-02
  Nicholas Sheckler challenges a circuit court's decision to vacate its own favorable ruling and dismiss his appeal as moot based on his payment of code enforcement fines. The appellate court granted his second-tier certiorari petition, holding that the payment was involuntary and
• Kasan Garson v. State
  Fla. 4th DCA· 2022-02-16
• Deerfield Beach v. Vaillant
  13th Cir. Ct. App. Div.· 2022-02-15
  Petitioner sought certiorari review of an administrative suspension of his driving privilege for unlawful breath-alcohol level, contending the initial law enforcement encounter was coercive and unlawful. The appellate court affirmed the Department's order, holding that the office
• I. T. v. IN the Interest of: K. P. L.
  Fla. 2d DCA· 2022-02-11
  The appellate court reversed a trial court's denial of a maternal grandmother's motion to vacate an adoption judgment. The court found the trial court erred by not considering the motion as potentially alleging a void judgment, which is not subject to a one-year time limit, and b
• Balm Rd. Inv., LLC v. Hillsborough Cnty. Bd. of Cnty. Commisioners
  Fla. 2d DCA· 2022-02-11
  This case involves a petition for second-tier certiorari review of a county commission's denial of a development application. The appellate court found that the lower court erred in its assessment of the evidence but ultimately denied the petition due to the extremely narrow scop
• Handte v. Monroe Cnty.
  Fla. 3d DCA· 2022-02-02
  Petitioners Edwin and Janice Handte sought a writ of certiorari to challenge a circuit court decision affirming an administrative law judge's ruling that Monroe County could impose vacation rental permit and manager license requirements on their non-conforming use properties. The
• Clark v. Doggett
  M.D. Fla.· 2022-01-03
  The court held that the plaintiff failed to state a plausible federal due process claim and, lacking original jurisdiction, declined to exercise supplemental jurisdiction over the state law claims.
• Young v. Pasco Cnty. Detention Ctr.
  M.D. Fla.· 2021-12-09
  The court held that the plaintiff failed to adequately plead his claims and dismissed the complaint without prejudice, granting him leave to amend.
• Ortiz v. City of Miami
  S.D. Fla.· 2021-12-03
  The court held that the plaintiff failed to state a claim for a due process violation or a conspiracy under 42 U.S.C. § 1983, and therefore granted the defendants' motion to dismiss.
• Cocoplum Civic Ass'n, Inc. v. City of Coral Gables
  Fla. 3d DCA· 2021-12-01
  The Florida Supreme Court denied a petition for second-tier certiorari, holding that such review is only for violations of clearly established law causing a miscarriage of justice, not for simple legal error. The court emphasized the narrow scope of second-tier certiorari, which
• Hilton v. Florida Highway Patrol
  13th Cir. Ct. App. Div.· 2021-11-30
  Stephanie Hilton petitioned for a writ of certiorari to overturn an administrative suspension of her driving privilege following a DUI investigation and refusal to submit to a urine test. The appellate court denied the petition, holding that although the trooper failed to comply
• Munzel v. Hillsborough Cnty.
  M.D. Fla.· 2021-11-23
  The court held that the plaintiff failed to state claims for takings, inverse condemnation, and procedural due process against the County and Officer Pisano, and declined supplemental jurisdiction over the negligence claim.
• Mella v. United Healthcare Servs., Inc.
  S.D. Fla.· 2021-11-22
  The court held that the plaintiff failed to exhaust administrative remedies under the Medicare Act and that the declaratory judgment claim was duplicative, warranting dismissal.
• Hastings v. City Fort Myers
  M.D. Fla.· 2021-11-17
  The court held that the defendants are entitled to summary judgment because the plaintiff failed to present evidence of genuine disputes of material fact and the defendants are protected by absolute prosecutorial immunity.
• Javon LEE Walker v. State
  Fla. 3d DCA· 2021-10-20
  Javon Lee Walker appealed a trial court's sanctions order prohibiting him from filing further pro se motions. Walker had previously been convicted of robbery with a deadly weapon and unlawful firearm possession, and filed a post-conviction motion to correct his sentence. The cour
• Gordon v. Ripa
  S.D. Fla.· 2021-10-18
  The court held that the plaintiff's claims were moot because he received the requested relief (a reasonable fear interview), and he lacked standing to pursue injunctive relief regarding a timeliness requirement that no longer affected him.
• A. R. v. Dept. of Child. & Families
  Fla. 2d DCA· 2021-10-15
  The appellate court reversed a lower court's order that prevented a biological sibling (A.R.) from participating in dependency and adoption proceedings concerning her younger sibling (M.S.). The court held that A.R. was entitled to notice and an opportunity to be heard on whether
• Mullane v. Almon
  N.D. Fla.· 2021-10-14
  The court held that Plaintiff's claims for injunctive and declaratory relief are barred by the Younger abstention doctrine, and Defendants are entitled to quasi-judicial immunity for damages claims.
• Wiggins v. Prummell
  M.D. Fla.· 2021-10-14
  The court held that the plaintiff failed to state a claim for deprivation of property without due process, and declined to exercise supplemental jurisdiction over the state law claims.
• Maria v. Cerda V. City of Coral Gables
  Fla. 3d DCA· 2021-10-06
  Maria V. Cerda seeks second-tier certiorari review of a circuit court decision that denied her petition to quash the City of Coral Gables' approval of its Historic Preservation Board's decision not to designate her neighbor's residence as historic. Cerda argued the circuit court
• Webb v. City of Venice
  M.D. Fla.· 2021-09-30
  The court granted summary judgment for the defendant on the § 1983 claim and the race discrimination claims based on failure to promote and suspension, but denied summary judgment on the hostile work environment claim.
• Zen Grp., Inc. v. State of Fla. Agency for Health Care Admin.
  S.D. Fla.· 2021-09-28
  The court held that venue is proper in the Southern District of Florida and dismissed several claims for failure to state a claim, but allowed the defamation claim to proceed.