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11th Cir.·
2021-09-21
Beach Blitz Co., a package liquor store, sued Miami Beach alleging that the city's liquor sales ordinances and enforcement actions violated its constitutional rights, but the district court dismissed all claims under Rule 12(b)(6) and denied further amendments. The Eleventh Circu
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Fla. 2d DCA·
2021-09-17
Toryanni M. Nelson appealed his burglary conviction, arguing the trial court failed to hold a competency hearing despite raising questions about his ability to assist in his defense. The court agreed error occurred and relinquished jurisdiction to the trial court to conduct a ret
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Fla. 1st DCA·
2021-09-15
Appellant challenged the dismissal of his petition to modify parental responsibility after a hearing held without his presence. The court reversed and remanded, finding that service via email to an address Appellant never designated violated his due process rights when he had not
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M.D. Fla.·
2021-09-01
The court held that the Plaintiff's claim under Florida's Whistle-blower's Act (Count I) could proceed, but his First Amendment retaliation claim (Count V) and Due Process claim (Count VI) were dismissed.
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Fla. 2d DCA·
2021-08-13
The appellate court reversed a risk protection order because the trial court failed to provide adequate notice that the final hearing would be conducted virtually, thus violating the respondent's due process rights. The respondent attended the courthouse as scheduled but was unaw
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M.D. Fla.·
2021-08-13
The court held that Plaintiff failed to state a claim against Poppell and Sawyer regarding the disciplinary policy, but may proceed with procedural due process claims against Porfert, McCawley, and Carner.
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Fla. 1st DCA·
2021-08-12
A driver seeking second-tier certiorari review must demonstrate that the circuit court violated procedural due process, applied incorrect law, or violated a clearly established principle of law resulting in a miscarriage of justice; absent such a showing, the petition must be den
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M.D. Fla.·
2021-08-11
The court held that the plaintiff inmate failed to demonstrate a constitutionally protected liberty or property interest that would trigger due process protections, and therefore, the defendants were entitled to summary judgment.
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11th Cir.·
2021-08-03
A federal appeals court held that a district court lacked subject-matter jurisdiction to review a Veterans Affairs physician's employment discharge under the Administrative Procedure Act and the Mandamus Act because the Veterans Benefits Act establishes a comprehensive statutory
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S.D. Fla.·
2021-07-27
The court held that a Magistrate Judge's report and recommendation is not required before a district court dismisses a case sua sponte, even if a case is referred to a Magistrate Judge.
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Fla. 5th DCA·
2021-07-08
Athene Annuity & Life Assurance Company appealed a trial court order granting Teavana Holdings' motion for relief from judgment under Florida Rule 1.540(b), which vacated a final summary judgment of foreclosure. The appellate court reversed, holding that Teavana improperly used R
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Fla. 3d DCA·
2021-07-07
Levi Whitehead appealed a non-final order denying his motion to set aside a judicial default and default final judgment entered by Shutter Hangers, Inc. and Wendell Locke. The Third District Court of Appeal reversed in part, holding that the trial court violated due process by aw
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Fla. 5th DCA·
2021-06-24
Jessica Peck appealed a permanent injunction for stalking and an order holding her in contempt after her neighbor Terri Rosado petitioned for protection. The appellate court reversed, finding the trial court violated Peck's due process rights by entering the permanent injunction
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Fla. 1st DCA·
2021-06-16
This case concerns whether a driver's license suspension must be invalidated when a subpoenaed breath technician fails to appear at a hearing, even if the driver refused the breath test. The court held that the relevant statute only requires invalidation if the technician adminis
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Fla. 4th DCA·
2021-06-16
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 overstepped its authority by deciding an issue that was delegated to the arbitrator.
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Fla. 4th DCA·
2021-06-16
The appellate court reversed trial court orders that denied motions to compel arbitration. The court found that the trial court improperly decided an issue that was delegated to the arbitrator by the arbitration agreement's incorporation of specific rules.
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Del.·
2021-06-10
The Supreme Court of Delaware reversed the Court of Chancery's judgment imposing monetary sanctions on an attorney for sending an unprofessional email. The Court held that the attorney was denied due process because he did not receive adequate notice or an opportunity to be heard
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M.D. Fla.·
2021-06-07
The court held that the plaintiff's allegations, if true, may state a plausible claim for a due process violation regarding visitation restrictions, and that defendants are not entitled to qualified immunity at this stage. The court also declined to dismiss claims for injunctive
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M.D. Fla.·
2021-06-03
The court held that the plaintiff failed to sufficiently allege a protectable property or liberty interest to support its due process claims under § 1983, but granted leave to amend. The ruling on the state law claim was deferred.
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Fla. 3d DCA·
2021-05-12
The appellate court reversed and remanded a trial court's decision to extend an ex parte injunction, finding that the trial court failed to demonstrate good cause for the repeated continuances and extensions. The court emphasized that such extensions should be exceptional and tha
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Fla. 3d DCA·
2021-05-05
On second-tier certiorari review, a circuit court appellate division may quash a hearing officer's order for lack of competent substantial evidence or due process violations, but lacks authority to instruct the hearing officer to dismiss the underlying enforcement action.
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Fla. 3d DCA·
2021-04-28
Casa Del Mar Condominium Association sought second-tier certiorari review of the circuit court's affirmance of the Fire Prevention and Safety Appeals Board's decision rejecting the Association's application for approval of an engineered life safety system as an alternative to fir
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Fla. 4th DCA·
2021-04-28
A trial court violates due process when it dismisses a case at a status conference without a properly filed and noticed motion to dismiss.
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13th Cir. Ct. App. Div.·
2021-04-13
A petitioner sought a writ of certiorari to quash a hearing officer's denial of hardship reinstatement of his driving privilege following DUI convictions. The court affirmed the denial, holding that the petitioner's vague testimony regarding when he last consumed alcohol—failing
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15th Cir. Ct. App. Div.·
2021-04-07
Joseph Cordaro sought certiorari review of a driver's license suspension imposed after he refused to consent to a breath or urine test. The court held that a hearing officer cannot administer an oath telephonically without either a notary physically present with the witness or th
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S.D. Fla.·
2021-03-17
Red Door Asian Bistro, an Asian restaurant owned by Asian-heritage plaintiffs, sued Fort Lauderdale alleging that a city mechanical inspector discriminated against them based on race and national origin by improperly denying and revoking their permits, and that the city ratified
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S.D. Fla.·
2021-03-02
The court denied the motion to dismiss, finding that the plaintiff's allegations, if true, stated plausible claims for unlawful seizure and other violations of constitutional rights.
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M.D. Fla.·
2021-03-01
Prison inmate Mack Tedder sued the Florida Department of Corrections and PRIDE Enterprises for alleged discrimination in hiring decisions for a prison dental laboratory position, claiming violations of the Fourteenth Amendment's Equal Protection Clause, Title VII, the ADA, and Fl
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Fla. 5th DCA·
2021-02-04
The court held that the hearing officer's mechanical application of the rule resulted in a deprivation of Appellant's procedural due process rights, requiring reversal.
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S.D. Fla.·
2021-01-22
A nonprofit organization providing Jewish cultural and Hebrew language programs sought to use Miami-Dade County public school facilities at reduced rates for over a decade, but after an investigation by the Office of the Inspector General documented misrepresentations regarding p
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Fla. 3d DCA·
2021-01-20
This case reviews whether a Florida statute criminalizing threats against law enforcement officers is unconstitutionally overbroad under the First Amendment. The court held that the statute, when narrowly construed to apply only to "true threats" (serious expressions of intent to
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Fla. 3d DCA·
2021-01-20
This case consolidates petitions for second-tier certiorari review concerning the constitutionality of Florida Statute section 836.12(2), which criminalizes threatening a law enforcement officer. The appellate court held that the statute, when construed to apply only to "true thr
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Fla. 3d DCA·
2020-12-23
A petition for second-tier certiorari to challenge denial of a special exception for a charter school development will be denied when the circuit court afforded procedural due process and applied correct law, and when the underlying preemption challenge is not the proper vehicle
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Fla. 3d DCA·
2020-12-23
Open MRI of Miami-Dade sought second-tier certiorari review of a circuit court appellate decision that reversed a county court's summary judgment in its favor on a personal injury protection (PIP) benefits claim against United Automobile Insurance Company. The Third District Cour
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Fla. 3d DCA·
2020-12-23
A municipal mayor's veto of a quasi-judicial decision by a city commission is itself a quasi-judicial act subject to certiorari review when the veto is inextricably intertwined with the quasi-judicial proceedings. The circuit court erred in examining the Mayor's veto in isolation
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S.D. Fla.·
2020-09-11
B&G Opa Holdings, Inc. challenged the City of Opa-locka's closure of its adult entertainment establishment, Klub 24, claiming violations of First Amendment and due process rights. The magistrate judge granted summary judgment in B&G's favor on claims that the city's zoning ordina
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15th Cir. Ct. App. Div.·
2020-09-09
Family First Health Plans and two of its officers appealed a default judgment entered by the county court in favor of MROD Realty in a commercial lease dispute. The appellate court reversed and remanded, holding that the trial court violated procedural due process by entering a j
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Fla. 3d DCA·
2020-09-09
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M.D. Fla.·
2020-08-14
The court held that the United States' sovereign immunity bars the plaintiff's claims, and the plaintiff failed to exhaust administrative remedies and state a claim against the United States.
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M.D. Fla.·
2020-08-10
The court held that it lacks jurisdiction to order home confinement or make recommendations for it, and that the petitioner's procedural due process claim is moot due to his transfer.
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Fla. 3d DCA·
2020-07-22
The appellate court denied a petition for second-tier certiorari review, finding that the lower court correctly applied the law and afforded procedural due process. The case involved the application of collateral estoppel.
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S.D. Fla.·
2020-07-20
The court granted default judgment in favor of the plaintiff on the issue of liability for excessive force, but deferred ruling on damages pending a hearing.
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Fla. 5th DCA·
2020-07-01
Petitioners sought a writ of certiorari to overturn a circuit court's denial of appellate attorney's fees after successfully defending against an eviction action in county court. The District Court of Appeal held that the prevailing defendants were entitled to attorney's fees und
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M.D. Fla.·
2020-06-23
The court held that the plaintiff received constitutionally adequate process and that his claims are barred by the availability of adequate state remedies, and that the arbitration claim fails due to lack of jurisdiction and the defendant not being a party to the arbitration agre
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Fla. 3d DCA·
2020-06-17
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298 So. 3d 114·
Fla. 1st DCA·
2020-06-11
The appellate court affirmed the trial court's dismissal of an inmate's petition for a writ of mandamus. The inmate challenged a prison disciplinary report but filed his petition beyond the 30-day jurisdictional deadline, and equitable tolling did not apply.
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Fla. 1st DCA·
2020-06-10
The appellate court denied a state prisoner's petition for a writ of certiorari challenging a prison disciplinary report. A concurring opinion argued that the court should reconsider its precedent allowing multiple levels of judicial review for such disciplinary actions, deeming
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Fla. 3d DCA·
2020-06-03
The court denied Lake Sana Developments' petition for second-tier certiorari review, upholding the circuit court's decision that affirmed the denial of an unusual use application to fill part of a lake for residential development. The court found no departure from the essential r
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Fla. 5th DCA·
2020-05-14
Curt Raymond Gaither was terminated from a drug court program and sentenced to 53 months in prison without a full hearing to determine whether he violated the conditions of his plea-based drug court participation agreement. The Fifth District Court of Appeal held that drug court
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M.D. Fla.·
2020-05-07
The court held that the state court's adjudication of the petitioner's claims was not contrary to or an unreasonable application of federal law, and therefore, the petition for writ of habeas corpus should be denied.