Procedural Due Process

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

• Cook v. Stewart
  2014 WL 2959248· N.D. Fla.· 2014-05-06
  The court held that the school districts' teacher evaluation policies, which evaluated teachers based on student test scores in subjects they did not teach or for students they did not teach, were rationally related to the legitimate state interest of increasing student learning
• Ellis v. DHSMV
  9th Cir. Ct. App. Div.· 2014-05-02
  Stanley Ellis petitioned for certiorari review of a Department of Highway Safety and Motor Vehicles decision to suspend his driver's license after he allegedly refused to submit to a breath test following a DUI stop. The Ninth Judicial Circuit Court affirmed the suspension, findi
• Winters v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2014-04-03
  This certiorari petition challenges the suspension of James Winters' driver's license following a DUI arrest based on claims that the arrest affidavit contained copied passages from another officer's prior DUI case. The court affirmed the suspension, finding the hearing officer p
• Rigby v. DHSMV
  9th Cir. Ct. App. Div.· 2014-03-09
  Barry Rigby sought certiorari review of the Department of Highway Safety and Motor Vehicles' final order suspending his driver's license for driving with a breath-alcohol level of 0.178 and 0.169 (exceeding the 0.08 limit). The court held that hearing officers must review the law
• Downing v. DHSMV
  9th Cir. Ct. App. Div.· 2014-03-06
  Elizabeth Ann Downing challenged the suspension of her driver's license for driving with an unlawful breath-alcohol level (.245 and .242) following a DUI arrest. The Ninth Judicial Circuit Court affirmed the Department of Highway Safety and Motor Vehicles' administrative suspensi
• Fatine Lamnaouer v. DHSMV
  9th Cir. Ct. App. Div.· 2014-03-02
  Fatine Lamnaouer challenged the suspension of her driver's license following a positive blood alcohol test after a DUI investigation. The Ninth Judicial Circuit Court upheld the administrative suspension, finding competent substantial evidence supported the findings and no depart
• Smith v. DHSMV
  9th Cir. Ct. App. Div.· 2014-02-04
  Adam Smith sought certiorari review of Florida Department of Highway Safety and Motor Vehicles' final order sustaining his driver's license suspension. The court affirmed the suspension, finding that the initial traffic stop was justified by Smith's erratic driving pattern, inclu
• Micklos v. State
  137 So. 3d 1034· Fla. 2d DCA· 2014-01-31
  Michael Micklos sought immunity from prosecution for improper exhibition of a firearm under Florida's Stand Your Ground law. After the county court denied his motion to dismiss, Micklos appealed to the circuit court, which dismissed the appeal as a nonfinal, nonappealable order.
• Tiara Condo. Ass'n v. Marsh
  850 F. Supp. 2d 795· S.D. Fla.· 2014-01-13
  The court held that an insurance broker may have an enhanced duty of care to advise a client on the amount of coverage prudently needed if a "special relationship" exists, and that genuine issues of material fact preclude summary judgment.
• Ouellette v. DHSMV
  9th Cir. Ct. App. Div.· 2014-01-08
  Thomas Ouellette petitioned for certiorari review of the Florida Department of Highway Safety and Motor Vehicles' final order suspending his driver's license for refusing a breath test after a DUI investigation. The appellate court affirmed the suspension, finding that the hearin
• Oliveri v. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2014-01-03
  Christopher Oliveri petitioned for a writ of certiorari to challenge an administrative suspension of his driver's license for driving with an unlawful breath alcohol level of 0.149. The court affirmed the Department of Highway Safety and Motor Vehicles' suspension, finding that p
• Meade v. DHSMV
  9th Cir. Ct. App. Div.· 2014-01-01
  Mary Louise Meade petitioned for certiorari review of the Florida Department of Highway Safety and Motor Vehicles' order suspending her driver's license for refusing a breath test after a DUI arrest. The Ninth Judicial Circuit Court affirmed the suspension, finding that the traff
• Shear Enters., LLC v. Reemployment Assistance Appeals Comm'n
  128 So. 3d 251· Fla. 2d DCA· 2013-12-11
  Employer's appeal of unemployment benefits award reversed and remanded because the Reemployment Assistance Appeals Commission failed to address the employer's newly discovered evidence regarding the claimant's voluntary quit.
• Richardson v. DHSMV
  9th Cir. Ct. App. Div.· 2013-12-10
  Richardson petitioned for certiorari review of an administrative license suspension for driving with an unlawful breath alcohol level under age 21. The appellate court upheld the suspension, finding the Department substantially complied with statutory requirements and presented c
• Milunski v. DHSMV
  9th Cir. Ct. App. Div.· 2013-12-09
  Milunski challenges the administrative suspension of his driver's license for driving with an unlawful breath alcohol level, arguing the breath test results were improperly admitted under Daubert and that he was denied due process. The court affirms the suspension, holding that t
• Reis v. DHSMV
  9th Cir. Ct. App. Div.· 2013-12-07
  Richard Reis sought certiorari review of the Florida Department of Highway Safety and Motor Vehicles' decision to suspend his driver's license for driving with an unlawful breath-alcohol level of 0.188-0.190. The appellate court denied his petition, finding sufficient evidence of
• Castro v. DHSMV
  9th Cir. Ct. App. Div.· 2013-12-06
  Castro seeks certiorari review of the Department of Highway Safety and Motor Vehicles' final order sustaining his driver license suspension for driving with an unlawful breath alcohol level. The court denies the petition, finding no violation of due process and sufficient compete
• Dina Chun v. DHSMV
  9th Cir. Ct. App. Div.· 2013-12-03
  Dina Chun challenged the Department of Highway Safety and Motor Vehicles' suspension of her driver's license for driving with an unlawful breath alcohol level. The Ninth Judicial Circuit Court upheld the suspension, rejecting Chun's arguments that the initial traffic stop was an
• Epstein v. Bd. of Trs. of the Boynton Beach Police Officers' Pension Fund
  15th Cir. Ct. App. Div.· 2013-11-19
  The Fifteenth Judicial Circuit Court denied Robert Epstein's petition for writ of certiorari challenging the Boynton Beach Police Officers' Pension Fund Board's denial of his application for disability retirement benefits. The court upheld the Board's interpretation that only cur
• Hudson v. City of Riviera Beach
  840 F. Supp. 2d 898· S.D. Fla.· 2013-11-13
  The court held that the plaintiff failed to state a claim for municipal liability under § 1983 based on the drug policy or failure to train, but the plaintiff may have a cognizable interest in employment for due process claims against individual defendants.
• Ripps v. City OF Coconut Creek
  124 So. 3d 1007· Fla. 4th DCA· 2013-11-06
  Three residents challenged a Florida city's approval of zoning ordinances for a Seminole Tribe casino resort hotel and parking facilities, arguing the city failed to comply with development-of-regional-impact (DRI) statutory requirements. The Fourth DCA denied the petition for se
• Bond v. DHSMV
  9th Cir. Ct. App. Div.· 2013-11-05
  Frederick Bond petitioned for certiorari review of the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license for refusing to submit to a breath test. The Ninth Judicial Circuit Court, Appellate Division, affirmed the suspension, finding that
• Woolwine v. DHSMV
  9th Cir. Ct. App. Div.· 2013-10-25
  Catherine Woolwine challenged the Florida Department of Highway Safety and Motor Vehicles' suspension of her driver license under the zero-tolerance law for drivers under 21. The Ninth Judicial Circuit Court denied her petition for certiorari, upholding the suspension because com
• Grady Bishop v. DHSMV
  9th Cir. Ct. App. Div.· 2013-10-23
  Grady Bishop challenged the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license following a hit-and-run crash and DUI arrest. The appellate court upheld the suspension, finding that the officer had reasonable suspicion to detain Bishop and
• Smith v. DHSMV
  9th Cir. Ct. App. Div.· 2013-10-14
  John Smith sought certiorari review of the Florida Department of Highway Safety and Motor Vehicles' decision to suspend his driver's license following his refusal to submit to a breath test after a single-vehicle crash. The Ninth Judicial Circuit Court affirmed the suspension, fi
• Moya v. State
  15th Cir. Ct. App. Div.· 2013-10-07
  The Fifteenth Judicial Circuit Court, sitting en banc, reconsidered its prior precedent in Rivera v. DHSMV regarding the burden of proof in driver license suspension hearings involving allegedly expired breathalyzer technician permits. The court overruled Rivera and held that pet
• Prescott v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2013-09-25
  Kevin Prescott challenged the suspension of his driver's license for refusing a breath test. The court granted his petition for certiorari, finding that the officer misinformed him about the voluntary nature of field sobriety exercises and that without those exercises, there was
• Kupp v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2013-06-10
  Jacob Kupp petitioned for certiorari review of the Department of Highway Safety and Motor Vehicles' order suspending his driver's license for refusing to submit to a breath test. The Ninth Judicial Circuit Court affirmed the suspension, finding that the traffic stop was lawful ba
• Vargo v. DHSMV
  9th Cir. Ct. App. Div.· 2013-06-07
  The Ninth Judicial Circuit Court denied Vargo's petition for writ of certiorari challenging the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license for driving with an unlawful breath-alcohol level (.153/.151). The court held that the traff
• Charlemagne v. State
  114 So. 3d 450· Fla. 3d DCA· 2013-06-05
  Affirmed the finding of direct criminal contempt but reversed and remanded because the trial court failed to comply with Florida Rule of Criminal Procedure 3.830 by not allowing the defendant to present evidence of excusing or mitigating circumstances before sentencing.
• Pizio v. DHSMV
  9th Cir. Ct. App. Div.· 2013-05-01
  Ted Pizio petitioned for a writ of certiorari to review the Florida Department of Highway Safety and Motor Vehicles' decision sustaining the suspension of his driver's license for refusing to submit to a breath test. The Ninth Judicial Circuit Court affirmed the administrative su
• Jose and Aracelli Mendoza v. Chase Home Fin., LLC
  126 So. 3d 350· Fla. 3d DCA· 2013-04-17
  Court vacates foreclosure judgment and sale because defendants did not receive notice of the non-jury trial, despite the mortgagee's confession of error and the absence of any cognizable defense.
• Worley v. DHSMV
  9th Cir. Ct. App. Div.· 2013-04-06
  Alicia Worley petitioned for certiorari review of the Florida Department of Highway Safety and Motor Vehicles' Final Order sustaining suspension of her driver's license for refusing a breath test. The Ninth Judicial Circuit Court affirmed the suspension, finding that the officer
• Simmons v. DHSMV
  9th Cir. Ct. App. Div.· 2013-04-04
  John Simmons sought certiorari review of the Department of Highway Safety and Motor Vehicles' final order sustaining his driver's license suspension for driving with an unlawful breath alcohol level. The Ninth Judicial Circuit Court granted the petition and quashed the suspension
• Paul v. DHSMV
  9th Cir. Ct. App. Div.· 2013-04-02
  Karl Wray Paul challenged the Florida Department of Highway Safety and Motor Vehicles' license suspension for refusing a breath test. The Ninth Judicial Circuit Court granted his petition for certiorari, finding that the arrest affidavit was defectively attested, with ambiguous a
• Oliver v. DHSMV
  9th Cir. Ct. App. Div.· 2013-04-01
  Robert Oliver sought certiorari review of the Department of Highway Safety and Motor Vehicles' denial of his driver's license reinstatement following a permanent revocation due to his fourth DUI conviction. The court affirmed the denial, holding that the applicable reinstatement
• Signori v. Fed. Nat'l Mortg. Ass'n
  1990 WL 132554· S.D. Fla.· 2013-03-27
  An assignee of a mortgage cannot be held liable under TILA for violations that were not apparent on the face of the disclosure documents at the time of the assignment.
• Robinson v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2013-03-06
  Deborah Robinson petitioned for certiorari review of the Florida Department of Highway Safety and Motor Vehicles' final order suspending her driver's license for refusing to submit to a breath test following a traffic stop. The Ninth Judicial Circuit Court denied her petition, ho
• Waldman v. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2013-02-07
  Waldman sought certiorari review of the Department of Highway Safety and Motor Vehicles' decision to sustain the suspension of her driver's license for driving with an unlawful breath alcohol level (0.162 and 0.161). The court affirmed the suspension, holding that the traffic sto
• Perez v. DHSMV
  9th Cir. Ct. App. Div.· 2013-02-06
  Perez sought certiorari review of the Department of Highway Safety and Motor Vehicles' final order suspending his driver's license for driving with an unlawful breath alcohol level. The court affirmed the administrative suspension, rejecting Perez's challenges to the breath test
• Prison Legal News v. Geo Grp., Inc.
  1989 WL 158497· N.D. Fla.· 2013-02-06
  The court denied the defendant's motion for partial summary judgment, finding that res judicata and collateral estoppel did not bar the plaintiff's claims.
• Stielow v. DHSMV
  9th Cir. Ct. App. Div.· 2013-02-04
  John Stielow sought certiorari review of the Department of Highway Safety and Motor Vehicles' license suspension for driving with an unlawful breath alcohol level (0.145/0.133). The court denied the petition regarding the administration and approval of the breath testing machine,
• White v. DHSMV
  9th Cir. Ct. App. Div.· 2013-02-01
  Mark White petitioned for certiorari review of the Florida Department of Highway Safety and Motor Vehicles' license suspension for refusing a breath test. The court affirmed the suspension, finding competent substantial evidence that White was driving under the influence when his
• Malek v. DHSMV
  9th Cir. Ct. App. Div.· 2013-01-30
  Jessie Malek petitioned for certiorari review of the Department of Highway Safety and Motor Vehicles' suspension of his driver's license for refusing to submit to a breath test. The circuit court affirmed the suspension, finding that the initial traffic stop was lawful, the offic
• J.P.M. ex rel. C.M. v. Palm Beach Cnty. Sch. Bd.
  499 F. Supp. 2d 521· S.D. Fla.· 2013-01-30
  Summary judgment is granted for the School Board on all federal claims because the plaintiffs failed to produce evidence of intentional discrimination or deliberate indifference, and the state law claims are dismissed without prejudice.
• Acierno v. DHSMV
  9th Cir. Ct. App. Div.· 2013-01-09
  Frank Acierno petitioned for certiorari review of a Department of Highway Safety and Motor Vehicles final order suspending his driver's license for refusing a breath test. The Ninth Judicial Circuit Court affirmed the suspension, finding that the UCF police officer had jurisdicti
• Brownstein v. DHSMV
  9th Cir. Ct. App. Div.· 2013-01-09
  Sean Brownstein sought certiorari review of the Department of Highway Safety and Motor Vehicles' final order suspending his driver's license for driving with an unlawful breath alcohol level (0.116 and 0.117). The Ninth Judicial Circuit Court, Appellate Division, denied his petit
• Premium Shoppes v. Orange Cnty.
  9th Cir. Ct. App. Div.· 2012-11-07
  Premium Shoppes LLC appeals the Special Magistrate's finding that it violated Orange County's sign ordinance by allowing its tenants to place signs on the public right-of-way. The court reverses, holding that a landlord cannot be held liable for a tenant's sign ordinance violatio
• Anderson v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2012-11-05
  Kevin Anderson petitioned for certiorari review of the Department of Highway Safety and Motor Vehicles' order sustaining the suspension of his driver's license for refusing a breath test. The Ninth Judicial Circuit Court denied the petition, finding that probable cause existed fo
• Stephens v. DHSMV
  9th Cir. Ct. App. Div.· 2012-11-02
  Kirk Stephens appealed the Department of Highway Safety and Motor Vehicles' administrative suspension of his driver's license for driving with an unlawful breath alcohol level. The Ninth Judicial Circuit Court, Appellate Division, denied his petition for certiorari review, uphold