Procedural Due Process

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

• Jenkins v. J.M.R.
  Fla. 5th DCA· 2019-09-13
  The appellate court reversed a trial court's sua sponte dismissal of twenty-seven truancy petitions. The court found the dismissals violated the Superintendent's procedural due process rights by denying notice and an opportunity to be heard, and that the trial court erroneously c
• Jenkins v. J.D. and C.D.
  Fla. 5th DCA· 2019-09-13
  The appellate court reversed a trial court's sua sponte dismissal of 27 truancy petitions, finding the dismissals violated procedural due process and were based on an erroneous interpretation of the law regarding who can file such petitions. The ruling clarifies that school super
• Jenkins v. J.M.R.
  Fla. 5th DCA· 2019-09-13
  The appellate court reversed a trial court's sua sponte dismissal of 27 truancy petitions, finding the dismissals violated procedural due process by denying the school superintendent notice and an opportunity to be heard. The court also clarified that Florida law permits the supe
• Jenkins v. M.F.
  Fla. 5th DCA· 2019-09-12
  The Superintendent of Orange County Public Schools appealed the trial court's sua sponte dismissal of twenty-seven verified habitual truancy petitions. The court reversed, holding that the trial court violated procedural due process by dismissing without notice or opportunity to
• City of Miami Beach v. Beach Blitz
  Fla. 3d DCA· 2019-09-11
  The City of Miami Beach petitioned for a writ of certiorari to quash an appellate court's dismissal of its appeal from a Board of Adjustment decision. The appellate court dismissed the City's petition without elaboration, which this court found to be a departure from the essentia
• City of Miami v. Cube 3585, LLC
  Fla. 3d DCA· 2019-09-04
  The court denied petitions for a writ of certiorari, emphasizing the narrow scope of second-tier certiorari review. This type of review is limited to procedural due process and the correct application of law, not to correct mere legal errors.
• Delfini, LLC v. Cube 3585, LLC
  Fla. 3d DCA· 2019-09-04
  The court denied petitions for writ of certiorari, emphasizing the narrow scope of second-tier certiorari review. This type of review is limited to procedural due process and correct application of law, not general legal error.
• State v. Heath
  Fla. 1st DCA· 2019-08-30
  In second-tier certiorari review, the Department must demonstrate either a procedural due process violation or a violation of clearly established law resulting in miscarriage of justice, and the Department failed to do so here.
• Blaine v. N. Brevard Cnty. Hosp. Dist.
  M.D. Fla.· 2019-08-22
  Summary judgment is granted for the hospital on all claims because plaintiffs received procedural due process and the hospital is immune from liability for breach of bylaws due to lack of intentional fraud.
• Alba Varela, Esq. v. Ola Condo. Ass'n, Inc.
  Fla. 3d DCA· 2019-08-21
  The appellate court held that a trial court abused its discretion by ordering a nonparty attorney to produce documents without first conducting an in camera hearing to determine if they were protected by attorney-client privilege. The court reversed the trial court's orders and r
• LeBlanc v. Town of Fort Myers Beach
  M.D. Fla.· 2019-08-21
  The court held that the plaintiff failed to state a claim for violation of his constitutional rights under Section 1983, as his allegations lacked factual support and did not identify a fundamental right or constitutionally inadequate process.
• Alba Varela, Esq. v. Ola Condo. Ass'n, Inc.
  Fla. 3d DCA· 2019-08-21
  The appellate court held that a trial court abused its discretion by ordering a nonparty attorney to produce documents without first conducting an in camera hearing to determine if they were protected by attorney-client privilege. The court reversed the trial court's orders and r
• Rogers v. State
  Fla. 2d DCA· 2019-08-14
  Dismissal of an appeal as a sanction for failure to pay a preparation fee constitutes a departure from the essential requirements of law where the record shows no flagrant, repeated, or contumacious noncompliance and the appellant received insufficient notice due to mailing delay
• Croda, Inc. v. NEW Castle Cnty.
  Del. Ch.· 2019-08-07
  The court held that the plaintiff, Croda, Inc., failed to establish a constitutionally protected property interest necessary to support its claims for procedural and substantive due process violations. Consequently, the County's motion for summary judgment on these counts was gra
• Gallo Med. Ctr. v. State Farm Fire & Cas. Co.
  Fla. 3d DCA· 2019-08-07
• State Farm Mut. Auto. Ins. Co. v. Caribbean Rehab. Ctr., Inc.
  Fla. 3d DCA· 2019-08-07
  State Farm seeks certiorari to quash a decision denying its motion for appellate attorney's fees under section 768.79, Florida Statutes, despite prevailing on appeal. The Third District Court of Appeal holds that the Circuit Court, sitting in its appellate capacity, departed from
• Sidlosca v. Olympus Ins. Co.
  44 Fla. L. Weekly D1230· Fla. 3d DCA· 2019-07-24
  The appellate court reversed a trial court's award of attorney's fees and costs to an insurer. The court held that a motion for sanctions filed after a voluntary dismissal is invalid because the trial court loses jurisdiction to consider such motions once a case is voluntarily di
• Carrasco v. State
  Fla. 4th DCA· 2019-07-17
  A trial court must issue an order to show cause and provide a defendant an opportunity to respond before imposing sanctions under Spencer for meritless filings.
• Blake v. St. Johns River Power Park Sys. Emps'.
  275 So. 3d 804· Fla. 1st DCA· 2019-07-09
  The circuit court properly applied the first-tier certiorari standard of review and did not violate the essential requirements of law when it found that the pension plan committee's decision to recoup overpayments was supported by competent substantial evidence, notwithstanding t
• Fla. Wellness & Rehab. Ctr., Inc. v. Mark J. Feldman, P.A.
  Fla. 3d DCA· 2019-06-12
  The appellate court reviewed a lower court's decision to deny a motion to enforce a mandate awarding attorney's fees. The lower court had incorrectly applied the law of the case doctrine, believing a subsequent denial of similar fees by a higher court precluded enforcement. The a
• Thomas v. Khadejah Cromer
  Fla. 3d DCA· 2019-06-12
  The appellate court reversed a trial court's amended final judgment of paternity because the father was not given an opportunity to be heard on the mother's motion for rehearing. This violated his procedural due process rights.
• Brian v. DHSMV
  9th Cir. Ct. App. Div.· 2019-04-15
  Frederick Brian sought certiorari review of a Department of Highway Safety and Motor Vehicles order sustaining his driver license suspension for DUI. The court affirmed the suspension, holding that the offense report qualified as an affidavit despite technical defects in the jura
• Vereen v. State
  267 So. 3d 548· Fla. 1st DCA· 2019-03-28
  The trial court properly imposed penetration points under the Criminal Punishment Code despite no jury finding of that specific element, and the procedural due process requirements were satisfied; however, discretionary fines and surcharges that were not orally pronounced at sent
• Quisenberry v. Baldwin
  15th Cir. Ct. App. Div.· 2019-03-06
  Roger Quisenberry appealed a final judgment awarding attorney's fees to Mandy Baldwin in an eviction case. The appellate court reversed the final judgment because the trial court sent the hearing notice to Quisenberry's incorrect mailing address, depriving him of notice and an op
• State v. Davis
  264 So. 3d 965· Fla. 4th DCA· 2019-02-13
  The Florida Department of Highway Safety and Motor Vehicles petitioned for certiorari review after a circuit court quashed a license suspension based on a blood draw obtained from Todd Davis while hospitalized. The Fourth District Court of Appeal held that when a suspect voluntar
• Blue Martini v. City of Boca Raton Feb 19
  15th Cir. Ct. App. Div.· 2019-02-01
  Blue Martini appeals a special magistrate's order imposing $45,000 in fines for repeat violations of a city noise ordinance. The appellate court affirmed eight of nine fines but reversed one $5,000 fine imposed for January 17, 2018, finding it exceeded the statutory daily maximum
• Burgett v. Orange Cnty.
  9th Cir. Ct. App. Div.· 2019-01-23
  Robert Burgett appeals a code enforcement administrative order finding he violated Orange County ordinances by conducting vehicle repair work and storing inoperative vehicles on his residential property. The court affirmed the Special Magistrate's findings, holding that Burgett r
• City of Jacksonville Beach v. Bcel 4, LLC
  262 So. 3d 835· Fla. 1st DCA· 2018-12-18
  The City of Jacksonville Beach appeals a circuit court order granting BCEL's petitions for writs of mandamus and certiorari regarding approval or denial of a concept plan for plat application. The appellate court reversed the mandamus portion, finding the City's decision was not
• Elso v. Dept. of Highway Safety and Motor Vehicles
  260 So. 3d 489· Fla. 3d DCA· 2018-12-05
  The 30-day requirement in Florida Statute § 322.2615(6)(a) for scheduling a formal review hearing applies only when a person requests a formal review; absent a request after remand, the Department has no statutory duty to schedule a hearing within 30 days and the suspension need
• Baratta v. Costa-Martinez
  252 So. 3d 408· Fla. 3d DCA· 2018-08-22
  A pick-up order and finding of indirect criminal contempt must be reversed when the trial court fails to issue a show cause order and does not comply with Florida Rule of Criminal Procedure 3.840.
• Dalton Canup Downs v. DHSMV
  9th Cir. Ct. App. Div.· 2018-08-21
  Dalton Canup Downs sought certiorari review of the Department of Highway Safety and Motor Vehicles' decision to sustain his driver license suspension for driving with an unlawful blood-alcohol level. The court found the hearing officer erred in refusing to admit an arrest report
• Gonzalez-Garcia v. U.S. Attorney Gen.
  20 La. 447· M.D. Fla.· 2018-06-26
  The court held that citizen children cannot claim a constitutional right to prevent the removal of their alien parents, as such claims are barred by statute and lack a constitutional basis.
• Holt v. Orange Cnty. Bd. of Cnty. Comm'rs
  9th Cir. Ct. App. Div.· 2018-06-05
  Roger Holt and Joseph E. Holt, Sr. sought a writ of certiorari to review the Orange County Board of County Commissioners' denial of their excavation permit application for a borrow pit. The court affirmed the denial, finding that procedural due process was provided, no departure
• Wade v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  15th Cir. Ct. App. Div.· 2018-05-14
  Wade challenges a DHSMV order suspending his driver's license for driving with an unlawful breath alcohol level. The court granted his petition for writ of certiorari, finding that law enforcement officers did not observe all elements necessary to establish probable cause for a l
• R.E.B. v. Dep't of Child. & Families
  245 So. 3d 957· Fla. 5th DCA· 2018-04-27
  The appellate court reversed a trial court's termination of parental rights, finding that the father's due process rights were violated when he was excluded from a hearing on the manifest best interest of his children. The court emphasized the importance of the parent-child relat
• R.E.B. v. DCF
  Fla. 5th DCA· 2018-04-23
  A parent has a constitutional due process right to be present and participate in the manifest best interest and least restrictive means portion of a termination of parental rights proceeding.
• Windhaven Ins. Co. v. Biscayne Rehab Ctr., Inc.
  243 So. 3d 1034· Fla. 3d DCA· 2018-04-11
  Windhaven Insurance Company sought a writ of certiorari to overturn the dismissal of eighteen consolidated appeals by the appellate division of the circuit court for failure to timely file an initial brief. The Florida District Court of Appeal, Third District, granted the petitio
• Burnett v. Target Corp.
  241 So. 3d 250· Fla. 3d DCA· 2018-03-28
  A trial court's failure to vacate or clarify conflicting orders denies a litigant procedural due process when the litigant cannot reasonably determine which order is effective and therefore cannot comply with a deadline contained in one conflicting order. Dismissal of an appeal i
• A. R. v. Dept. of Child. & Families
  189 So. 3d 13· Fla. 2d DCA· 2018-03-16
  When a child welfare agency seeks to change permanency goals from reunification to permanent guardianship, the statutory requirements mandating advance notice and filing of the case plan and judicial review reports are mandatory—not directory—and failure to comply departs from es
• City of ST. Petersburg v. Wright
  241 So. 3d 903· Fla. 2d DCA· 2018-02-14
  The City of St. Petersburg held a private "shade" meeting with its attorney to discuss litigation strategy in response to a federal court ruling on its trespass ordinance. The court held that while the shade meeting itself violated Florida's Government in the Sunshine Law, the ci
• Gerome Berry v. State
  237 So. 3d 1165· Fla. 1st DCA· 2018-02-08
  A defendant appeals his conviction after the trial court failed to hold a competency hearing and adjudicate his competence to stand trial, despite ordering a competency evaluation based on defense counsel's good faith suggestion of incompetence. The appellate court holds that the
• Franklin v. DHSMV
  15th Cir. Ct. App. Div.· 2017-06-06
  Franklin sought relief from an administrative driver's license suspension based on his refusal to submit to a breath test incident to a DUI arrest. The court quashed the DHSMV hearing officer's decision, holding that the underlying traffic stop was unlawful because the officer la
• Kelly v. DHSMV
  15th Cir. Ct. App. Div.· 2017-02-01
  Kelly petitioned for a writ of certiorari to challenge a DHSMV order suspending his driver's license for refusing a breath alcohol test. The court granted the petition because the hearing officer improperly took an adversarial role by attempting to refute Kelly's factual allegati
• Facella v. Orange Cnty.
  9th Cir. Ct. App. Div.· 2017-01-07
  Stephen Vincent Facella appealed a Notice of Violation for running a red light, challenging both the due process afforded at the local hearing officer level and the validity of Orange County's red light camera program operated with private vendor American Traffic Solutions (ATS).
• Feliciano v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2016-12-31
  Feliciano sought certiorari review of an administrative hearing officer's decision upholding the Department of Highway Safety and Motor Vehicles' suspension of his driver's license based on a DUI arrest. The court quashed the suspension, finding that the traffic stop lacked adequ
• Moore v. Florida Dept. of Highway Safety and Motor Vehicles
  9th Cir. Ct. App. Div.· 2016-12-07
  Moore petitioned for certiorari review of her driver's license suspension for refusing to submit to a breath test. The appellate court upheld the suspension, finding competent substantial evidence that Moore was driving or in actual physical control of a vehicle while under the i
• Enel Charles v. State
  207 So. 3d 309· Fla. 3d DCA· 2016-11-16
  The court reversed the trial court's summary denial of a postconviction motion claim because the denial was premature, entered before the deadline for amendment had expired.
• In the Interest of D.S. and G.S. v. Dep't of Child. & Families Ad Litem Program
  204 So. 3d 121· Fla. 2d DCA· 2016-11-16
  The court reversed and remanded because the trial court closed a dependency case and terminated jurisdiction without entering a written adjudication order or conducting a required disposition hearing.
• See Martin v. Town of Palm Beach
  9th Cir. Ct. App. Div.· 2016-09-23
  Windermere Country Club sought certiorari review of Orange County's decision denying its petition to vacate plat notes covering a 155-acre tract so it could develop the property. The court held that Florida Statute 177.101(3) permits plat vacations only when property is returned
• SunTrust Mortg. v. Tuscany HOA
  9th Cir. Ct. App. Div.· 2016-08-07
  SunTrust Mortgage seeks review of an order denying its motion for relief from a foreclosure judgment entered by a county court. The appellate court granted the petition, finding the foreclosure judgment void because it purported to extinguish SunTrust's superior first mortgage, w