Procedural Due Process

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

• Rosenfeld v. Miami-Dade Cnty.
  199 So. 3d 332· Fla. 3d DCA· 2016-07-27
  The court held that the circuit court did not err in affirming the administrative denial of a water bill adjustment, as the scope of second-tier certiorari review is limited.
• Page 1 of 20
  Del. Ch.· 2016-07-26
  The appellate court affirmed the lower court's decision, ordering the property owner to remove his crushed oyster shell driveway and install an asphalt driveway or seek approval for an alternative compliant material. The court found that the restrictive covenant clearly required
• Polo West v. Vill. of Wellington
  15th Cir. Ct. App. Div.· 2016-05-31
  Polo West Golf Club and Palm Beach Polo appealed a Special Magistrate's finding that they needed a Special Use Permit to host organized soccer games on their properties in Wellington, Florida. The appellate court affirmed the Special Magistrate's decision, rejecting the owners' a
• Olivencia v. Garcia
  9th Cir. Ct. App. Div.· 2016-03-06
  The appellate court granted a petition for writ of certiorari, vacating a trial court judgment against petitioners because the respondent failed to provide competent evidence of proper service of process. The court held that without documented proof of service, the trial court la
• Martinez v. DHSMV
  9th Cir. Ct. App. Div.· 2016-02-08
  Martinez challenged his driver's license suspension for refusing a breath test, arguing the traffic stop was unlawful due to errors in the arrest report. The appellate court upheld the suspension, finding competent substantial evidence supported the hearing officer's determinatio
• Whitburn, LLC v. Deutsche Bank Nat'l Tr. Co.
  188 So. 3d 881· Fla. 2d DCA· 2016-01-06
• McDonald v. DHSMV
  9th Cir. Ct. App. Div.· 2016-01-04
  McDonald sought certiorari review of the Department of Highway Safety and Motor Vehicles' decision upholding the suspension of his driver's license for driving with an unlawful blood-alcohol level. The Ninth Judicial Circuit Court upheld the administrative decision, finding compe
• Vroombout v. The Sch. Bd. of Orange Cnty. Fla.
  9th Cir. Ct. App. Div.· 2015-12-07
  Homeowners in the Wedgefield community sought to overturn Orange County's rezoning decision that approved changing 52.5 acres from rural farmland (A-2) to planned development (PD) to allow the School Board to build a K-8 school. The appellate court upheld the rezoning decision, f
• 400 E. BAY St., LLC v. The Plaza Condo. Ass'n AT Berkman Plaza, Inc.
  181 So. 3d 547· Fla. 1st DCA· 2015-12-01
  The First District Court of Appeal denied a second-tier certiorari petition from condominium owners challenging a circuit court's appellate decision, finding the circuit court afforded due process and did not depart from essential requirements of law.
• Mills v. Town of Windermere
  9th Cir. Ct. App. Div.· 2015-11-30
  Harold Mills sought certiorari review of the Town of Windermere's denial of his variance request to build a gazebo on his property that would violate a 50-foot setback requirement from water bodies. The court denied the petition, finding that Mills failed to preserve several argu
• Sandhu v. Town of Mangonia Park Planning & Zoning Bd.
  15th Cir. Ct. App. Div.· 2015-10-27
  Dr. Sandhu sought a writ of certiorari to quash the Town of Mangonia Park Planning and Zoning Board's denial of his application to open a medical detoxification center. The court found the denial was not supported by competent substantial evidence and lacked required findings of
• City OF Miami v. Diocese OF Newton Melkite Church
  176 So. 3d 388· Fla. 3d DCA· 2015-10-21
• Rampell v. town of PB & Wm Cooley
  15th Cir. Ct. App. Div.· 2015-10-09
  The Rampells challenged the Town of Palm Beach Town Council's reversal of an Architectural Commission decision approving their home construction application. The court granted their petition for writ of certiorari, finding that the Town Council improperly applied a de novo standa
• Gibson v. Dep't of Hwy. Safety & Motor Vehicles
  15th Cir. Ct. App. Div.· 2015-09-18
  Robert Gibson sought review of a DHSMV order suspending his driver's license following a DUI arrest. The Fifteenth Judicial Circuit Court granted Gibson's petition, finding the hearing officer's conclusion that the arrest was lawful lacked substantial evidentiary support, and rem
• Smith v. State
  174 So. 3d 1077· Fla. 1st DCA· 2015-09-11
  Eugene Smith sought postconviction relief based on newly discovered evidence, but the county court summarily denied his motion. The circuit court affirmed, finding the motion untimely under Russell v. State. The Florida First District Court of Appeal granted certiorari, holding t
• Hauser v. State
  171 So. 3d 824· Fla. 2d DCA· 2015-08-12
  The court granted certiorari and quashed the circuit court's affirmance because the court violated procedural due process by denying the petitioner an opportunity to file a pro se brief after his counsel filed an Anders brief.
• John DOE I v. City OF Palm BAY
  169 So. 3d 1211· Fla. 5th DCA· 2015-07-17
  John Doe I, a registered sex offender and licensed plumber, challenged the constitutionality of Palm Bay City Ordinance 2005-76, which prohibits sexual predators and offenders from working at various locations including residences and places where children or vulnerable adults 'm
• IN & FOR NEW Castle Cnty. David Naples v. NEW Castle Cnty.
  Del. Super. Ct.· 2015-03-30
  The court granted summary judgment for the defendants, finding insufficient evidence to support the plaintiff's claims for violations of constitutional due process and defamation. The court held that public employment is not a fundamental right, and while the plaintiff had a prop
• In & for Kent Cnty. Bon Ayre Land LLC
  Del. Super. Ct.· 2015-02-26
  The Delaware Superior Court affirmed the arbitrator's denial of the rent increase. The court held that the appellant failed to comply with the procedural disclosure requirements of the Delaware Manufactured Home Owners and Community Owners Act, specifically the mandate to disclos
• Micah Phillips v. Fla. Atl. Univ. Bd. of Trs.
  15th Cir. Ct. App. Div.· 2015-02-25
  The court granted Phillips's petition for certiorari, finding that FAU violated his procedural due process rights when an Associate Director of Student Conduct improperly ruled on the admissibility of evidence during his disciplinary hearing, usurping the Hearing Officer's respon
• RG Towers v. Town of Lake Park
  15th Cir. Ct. App. Div.· 2015-02-10
  RG Towers sought certiorari review of the Town of Lake Park's denial of its application for site plan approval to construct a telecommunications tower. The appellate court granted the petition, finding that the Town Commission violated RG Towers' procedural due process rights by
• Morris v. City of Orlando Code Enf't Bd.
  9th Cir. Ct. App. Div.· 2015-02-09
  Elaine Morris appeals a Code Enforcement Board decision finding her in violation of City of Orlando ordinances for converting a property structure into a school without proper zoning approval, building permits, and a business tax receipt. The appellate court affirmed the Board's
• Berry v. DHSMV
  9th Cir. Ct. App. Div.· 2015-01-07
  Helen Patricia Berry petitioned for a writ of certiorari to review the Florida Department of Highway Safety and Motor Vehicles' order suspending her driver's license for eighteen months for refusal to submit to a breath test. The Ninth Judicial Circuit Court affirmed the administ
• Hildi Wanda Schenck v. DHSMV
  9th Cir. Ct. App. Div.· 2015-01-02
  Hildi Wanda Schenck challenged the Florida Department of Highway Safety and Motor Vehicles' suspension of her driver's license for refusing to submit to a breath test following a DUI arrest. The court upheld the suspension, finding that the officer had reasonable suspicion to sto
• Meyer v. Smith
  15th Cir. Ct. App. Div.· 2014-12-17
  In this appellate case, Meyer v. Smith, the Fifteenth Judicial Circuit Court affirmed the trial court's final judgment and denied the appellee's motions for sanctions and attorney's fees, finding that while the appellants' arguments lacked support under current law, they presente
• Gallion v. State
  154 So. 3d 1149· Fla. 1st DCA· 2014-12-09
  The court affirmed the trial court's denial of postconviction relief on three grounds but reversed and remanded on six grounds because the trial court summarily denied them without attaching record portions conclusively refuting the claims.
• MacWhinnie v. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2014-11-04
  Joshua MacWhinnie petitioned for certiorari review of the Department of Highway Safety and Motor Vehicles' decision to suspend his driver's license for refusing to submit to a breath test. The court denied the petition, holding that license suspension under Florida Statute 322.26
• DHSMV v. Luttrell
  9th Cir. Ct. App. Div.· 2014-10-07
  The Ninth Judicial Circuit Court affirmed the Department of Highway Safety and Motor Vehicles' suspension of Luttrell's driver's license following a DUI arrest. The court held that the absence of the arresting officer Deputy Danjou from the administrative hearing did not warrant
• Cosby v. Lee Cnty.
  M.D. Fla.· 2014-09-24
  The court held that the plaintiff's amended complaint was a shotgun pleading and that the defendants were entitled to absolute immunity for their quasi-judicial actions in investigating the plaintiff's discrimination claim.
• Eisenberg v. City of Miami Beach
  2014 U.S. Dist. LEXIS 131713· S.D. Fla.· 2014-09-19
  The court held that collateral estoppel does not preclude the plaintiffs' constitutional claims, and the analysis for First Amendment retaliation and substantive due process claims is not appropriate on a motion for judgment on the pleadings.
• Kelly v. DHSMV
  9th Cir. Ct. App. Div.· 2014-09-02
  William Kelly sought certiorari review of the Department of Highway Safety and Motor Vehicles' decision to sustain the suspension of his driver's license for refusing a breath-alcohol test. The court upheld the suspension, finding competent substantial evidence supported the lawf
• Muroski v. DHSMV
  9th Cir. Ct. App. Div.· 2014-08-09
  Michael Muroski petitioned for a writ of certiorari to challenge the Department of Highway Safety and Motor Vehicles' denial of his request for early reinstatement of his permanently revoked driver's license following four DUI convictions. The court affirmed the denial, holding t
• Dep't of Hwy. Safety & Motor Vehicles v. Gaputis
  148 So. 3d 788· Fla. 2d DCA· 2014-08-08
  The circuit court correctly granted the writ of prohibition because the driver's license suspension period had expired while the matter was under review.
• DHSMV v. Luttrell
  9th Cir. Ct. App. Div.· 2014-08-08
  The Ninth Judicial Circuit Court denied a petition for writ of certiorari challenging the Department of Highway Safety and Motor Vehicles' suspension of Luttrell's driver's license following a DUI arrest. The court upheld the suspension, finding sufficient evidence of probable ca
• Andrade v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2014-08-04
  Edward Andrade petitioned for certiorari review of an administrative suspension of his driver's license after he refused a breath test. The Florida Department of Highway Safety and Motor Vehicles' decision to sustain the suspension was upheld, as the court found competent substan
• Dante Candelaria v. DHSMV
  9th Cir. Ct. App. Div.· 2014-08-01
  Dante Candelaria sought certiorari review of a pension board's denial of his disability benefits application based on untimely submission. The court upheld the board's decision, finding that petitioner received adequate due process, the board acted within its authority, and subst
• Caitlin Michele Schaeffer v. DHSMV
  9th Cir. Ct. App. Div.· 2014-08-01
  Caitlin Schaeffer challenged the suspension of her driver's license for refusing to submit to a breath test after a DUI stop. The Ninth Judicial Circuit Court's Appellate Division affirmed the suspension, holding that the traffic stop and detention for DUI investigation were supp
• Parrish v. Parrish
  161 So. 3d 501· Fla. 2d DCA· 2014-08-01
  The court held that the trial court erred in dismissing a third petition for a temporary injunction for domestic violence without affording the petitioner preliminary procedural due process.
• State v. Clark
  9th Cir. Ct. App. Div.· 2014-07-09
  Orange County appeals a hearing officer's dismissal of red-light camera traffic citations, arguing the officer violated procedural due process by refusing to allow the county to present evidence that the issuing TIEO met statutory training requirements. The appellate court revers
• Torrence v. DHSMV
  9th Cir. Ct. App. Div.· 2014-07-08
  Lisa Torrence challenges the administrative suspension of her driver's license following a DUI stop and breath test. The court affirmed the suspension, finding probable cause for the stop, lawful arrest, and valid breath test results, and rejected Torrence's claims that she was d
• DHSMV v. Luttrell
  9th Cir. Ct. App. Div.· 2014-07-03
  The Ninth Judicial Circuit Court denied a petition for writ of certiorari challenging the Department of Highway Safety and Motor Vehicles' suspension of the petitioner's driver's license for refusing a breath test. The court upheld the hearing officer's finding that the initial t
• Hunter v. State
  141 So. 3d 700· Fla. 2d DCA· 2014-07-02
  The court held that the contempt order must be reversed because the trial court failed to satisfy procedural due process requirements.
• Motor Vehicles v. Luttrell
  9th Cir. Ct. App. Div.· 2014-07-01
  Luttrell sought certiorari review of a driver's license suspension imposed by the Department of Highway Safety and Motor Vehicles for refusing a breath test following arrest. The court upheld the suspension, finding the traffic stop that led to the arrest was lawful based on reas
• PB Holdings v. Vill. of Wellington
  15th Cir. Ct. App. Div.· 2014-06-19
  Palm Beach Polo Holdings appeals a Special Magistrate's order finding five violations of the Village of Wellington's native vegetation ordinance. The appellate court affirmed the finding of a single violation but reversed the finding of four additional violations due to insuffici
• T.J.L. v. State
  139 So. 3d 503· Fla. 1st DCA· 2014-06-09
  The court held that the juvenile's behavior did not constitute direct criminal contempt and the trial court failed to follow required procedural due process.
• Scoma v. DHSMV
  9th Cir. Ct. App. Div.· 2014-06-03
  Michael Scoma petitioned for certiorari review challenging the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license following a DUI arrest. The Ninth Judicial Circuit affirmed the license suspension, finding that the officer had proper groun
• Mounce v. Orange Cnty. Code Enf't Bd.
  9th Cir. Ct. App. Div.· 2014-06-02
  Garry Mounce appealed a Code Enforcement Board decision finding him in violation of Orange County code provisions, including operating commercial activities and failing to obtain permits for structures and modifications on his residential-zoned property. The appellate court affir
• Sapienza v. DHSMV
  9th Cir. Ct. App. Div.· 2014-06-02
  Michael Sapienza challenged the Department of Highway Safety and Motor Vehicles' administrative suspension of his driver's license for underage driving with an unlawful breath alcohol level. The Ninth Judicial Circuit Court affirmed the suspension, holding that the hearing office
• Deluce v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  15th Cir. Ct. App. Div.· 2014-06-01
  In this administrative appeal, the court addressed whether a driver's license suspension for refusing a breath test was lawful when the underlying arrest lacked proper legal basis. The court held that the arrest was unlawful because the officer did not witness the driver in actua
• Barnard v. DHSMV
  9th Cir. Ct. App. Div.· 2014-05-08
  Oliver Montana Barnard sought certiorari review of the Department of Highway Safety and Motor Vehicles' suspension of his driver's license. The court denied his petition, holding that his due process rights were not violated when the hearing officer denied his subpoena requests b