Procedural Due Process

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

• Hyman v. DHSMV
  9th Cir. Ct. App. Div.· 2010-06-21
  The court granted in part the Department of Highway Safety and Motor Vehicles' motion for rehearing in a certiorari proceeding, finding that remand to the hearing officer was the appropriate remedy to allow issuance of subpoenas consistent with the Yankey decision.
• Sanders v. Sellers-Earnest
  768 F. Supp. 2d 1180· M.D. Fla.· 2010-06-11
  The seller of a pre-construction condominium unit appeals a trial court's summary judgment for the buyer, arguing the sales contract was authorized under the Interstate Land Sales Full Disclosure Act (ILSFDA) and not subject to revocation.
• Ms. Elder v. Dep't of Hwy. Safety & Motor Vehicles
  15th Cir. Ct. App. Div.· 2010-05-17
  Ms. Elder petitioned for a writ of certiorari challenging an administrative driver's license suspension under Florida's zero-tolerance underage drinking statute. The court denied her petition, holding that the hearing officer properly upheld the suspension and that the procedures
• DHSMV v. Satter
  9th Cir. Ct. App. Div.· 2010-05-03
  Amy McLarty challenged her driver's license suspension under Florida's zero-tolerance law for underage drivers who refuse breath tests. The Ninth Judicial Circuit Court granted her petition for writ of certiorari, finding the affidavits supporting the suspension were improperly e
• DHSMV v. Pelham
  9th Cir. Ct. App. Div.· 2010-04-30
  The Ninth Judicial Circuit Court granted in part the Department of Highway Safety & Motor Vehicles' motion for rehearing and remanded the case to allow a hearing officer to reconsider whether a traffic stop was lawful, based on the applicability of the Pelham standard which was d
• DHSMV v. Pelham
  9th Cir. Ct. App. Div.· 2010-04-30
  The Ninth Judicial Circuit Court, Appellate Division, granted in part the Department of Highway Safety & Motor Vehicles' motion for rehearing, finding that the hearing officer was deprived of procedural due process by not being allowed to remand for a determination regarding the
• DHSMV v. Pelham
  9th Cir. Ct. App. Div.· 2010-04-19
  Miranda Faulkner challenged her administrative license suspension for driving under the influence, arguing the hearing officer failed to apply the correct legal standard from Department of Highway Safety & Motor Vehicles v. Pelham, which requires review of whether the arrest itse
• Pickerel v. DHSMV
  9th Cir. Ct. App. Div.· 2010-03-27
  Petitioner Richard Pickerel sought certiorari review of the Department of Highway Safety and Motor Vehicles' final order sustaining the suspension of his driver's license for driving with an unlawful breath alcohol level. The Ninth Judicial Circuit Court affirmed the suspension,
• Sherrod v. Sch. BD. of Palm Beach Cnty.
  703 F. Supp. 2d 1279· S.D. Fla.· 2010-03-18
  The court held that the plaintiff's speech as a citizen on a matter of public concern is constitutionally protected, and therefore the defendants' motion for summary judgment on the First Amendment retaliation claim should be denied. However, the court granted summary judgment fo
• Bernicky v. DHSMV
  9th Cir. Ct. App. Div.· 2010-03-17
  Kyle Bernicky sought certiorari review of the Department of Highway Safety and Motor Vehicles' final order sustaining the suspension of his driver's license for driving with an unlawful breath alcohol level. The Ninth Judicial Circuit Court denied his petition, holding that the h
• Dep't OF Hwy. Safety & Motor Vehicles v. White
  30 So. 3d 606· Fla. 4th DCA· 2010-03-10
  The Florida Department of Highway Safety and Motor Vehicles sought certiorari review of a circuit court decision that granted a driver's petition to reinstate his license after the Department's revocation. The appellate court reversed because the Department was denied procedural
• Beverlie J. Miller v. Miller
  37 So. 3d 281· Fla. 2d DCA· 2010-02-12
  The trial court abused its discretion by denying the mother's request for a continuance or telephonic appearance, thus violating her right to be heard.
• Hofmann v. Emi Resorts, Inc.
  689 F. Supp. 2d 1361· S.D. Fla.· 2010-02-11
  The court held that the Special Master did not exceed his authority in preparing a report outlining potential criminal conduct, and that defendants' procedural due process rights were not violated by the report's issuance or the seizure of documents.
• Sherwood v. DHSMV
  9th Cir. Ct. App. Div.· 2010-02-03
  The Ninth Judicial Circuit Court denied Ian Sherwood's petition for certiorari challenging the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license following his refusal to submit to a breath test. The court held that the exclusionary rule d
• Ryan v. Town of Juno Beach
  15th Cir. Ct. App. Div.· 2010-01-25
  Ryan challenges a speeding citation issued by the Town of Juno Beach based on a photograph taken by an unmanned van. The court granted her petition for writ of certiorari, holding that the town's ordinance regulating speed enforcement through image-capturing technology is preempt
• Kamp v. Town of Juno Beach
  15th Cir. Ct. App. Div.· 2010-01-21
  The Fifteenth Judicial Circuit Court held that a municipal ordinance authorizing speed enforcement via unmanned photo vans is preempted by Florida's Uniform Traffic Control Law, which reserves traffic regulation to the state. The court reversed the code enforcement hearing office
• Rodriguez v. City of Clermont
  681 F. Supp. 2d 1313· M.D. Fla.· 2009-12-31
  Summary judgment is granted in part and denied in part, allowing the hostile work environment claim against Radi to proceed but dismissing other claims against him and the municipal liability claim against the City and CPD.
• A.C. v. State
  23 So. 3d 826· Fla. 5th DCA· 2009-12-04
  Five juveniles petitioned for a writ of certiorari challenging custody orders issued for failure to appear at adjudicatory hearings that were advanced by the trial court with insufficient notice to the children or their counsel. The Fifth District Court of Appeal granted the peti
• Sickinger v. DHSMV
  9th Cir. Ct. App. Div.· 2009-12-02
  Beth Sickinger petitioned for certiorari review of a Florida Department of Highway Safety and Motor Vehicles' license suspension following her breath test results showing an unlawful alcohol level. The Ninth Judicial Circuit Court granted the petition, finding the hearing officer
• Cary Michael Levine v. Town of Juno Beach
  15th Cir. Ct. App. Div.· 2009-11-19
  Levine challenged a speeding citation issued by the Town of Juno Beach based on a photograph taken by an unmanned van equipped with radar and camera technology. The circuit court held that the Town's ordinance authorizing this enforcement method is preempted by Florida's Uniform
• Jensen v. Jensen
  21 So. 3d 150· Fla. 5th DCA· 2009-11-06
  Florida appellate court granted habeas corpus relief and ordered release of petitioner held in direct criminal contempt, finding the trial court violated procedural requirements and lacked sufficient evidentiary basis for the contempt finding.
• Muller v. DHSMV
  9th Cir. Ct. App. Div.· 2009-10-26
  William Muller challenged his driver's license suspension for driving with an unlawful breath-alcohol level, arguing the DUI checkpoint where he was arrested operated under constitutionally insufficient guidelines that granted excessive discretion to officers. The appellate court
• Sec. & Exch. Comm'n v. Huff
  664 F. Supp. 2d 1288· S.D. Fla.· 2009-10-14
  The court held that the "without just cause" provision in 15 U.S.C. § 78u(c) provides an objectively reasonable good-faith defense, thus preserving the right to judicial review without violating procedural due process.
• Delk v. DHSMV
  9th Cir. Ct. App. Div.· 2009-10-09
  Mary Delk sought certiorari review of an administrative license suspension following her refusal to submit to a breath-alcohol test after a traffic stop. The appellate court granted the petition, quashing the suspension and disqualification of her commercial driver's license, fin
• Falk v. Scott
  19 So. 3d 1103· Fla. 2d DCA· 2009-10-09
  Kimberly Falk challenged her termination from the Lee County Sheriff's Office through administrative appeal and certiorari review. The court held that the Sheriff, not the terminated employee, bears the burden of proving just cause for termination in civil service board proceedin
• Nordaby v. DHSMV
  9th Cir. Ct. App. Div.· 2009-10-08
  Bruce Nordaby sought certiorari review of the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license following a DUI stop and breath test. The Ninth Judicial Circuit Court granted the petition and quashed the license suspension because the hea
• Caudle v. DHSMV
  9th Cir. Ct. App. Div.· 2009-10-08
  Lauren Caudle appealed the suspension of her driver's license imposed by the Florida Department of Highway Safety and Motor Vehicles. The Ninth Judicial Circuit Court granted her petition for writ of certiorari and quashed the suspension, finding the hearing officer violated proc
• Case v. Gen. Motors Corp.
  19 So. 3d 1058· Fla. 1st DCA· 2009-09-30
  Robert Earl Case, Jr. sought certiorari review of a circuit court decision affirming summary judgment in favor of General Motors Corporation. The First District Court of Appeal granted the petition in part, quashing the circuit court's decision regarding Case's claims for damages
• Shortreed v. DHSMV
  15th Cir. Ct. App. Div.· 2009-09-24
  Gina Shortreed challenges her driver's license suspension, alleging the hearing officer violated procedural due process by asking clarifying questions that were already answered consistently. The court grants the petition, finding the hearing officer departed from neutrality by e
• Stevenson v. Dep't of Hwy. Safety & Motor Vehicles
  17 So. 3d 1260· Fla. 2d DCA· 2009-09-23
  The court held that the implied consent warning was proper and the driver's refusal justified license suspension.
• AL Schweizer
  Del.· 2009-08-21
  The appellate court affirmed the Superior Court's denial of the property owners' petition for a writ of certiorari. The court held that the Newark Zoning Code section conditioning a fraternity house's non-conforming use on the fraternity's standing with the University of Delaware
• DHSMV v. Satter
  9th Cir. Ct. App. Div.· 2009-08-18
  This case involves a DUI license suspension appeal where the hearing officer failed to determine whether the petitioner's initial stop and arrest were lawful. Following binding precedent from the Fifth District, the appellate court found that even though Florida law eliminated ge
• DHSMV v. Satter
  9th Cir. Ct. App. Div.· 2009-08-18
  Petitioner sought a writ of certiorari challenging a hearing officer's order sustaining suspension of her driver's license for refusing to submit to a breath test following a DUI arrest. The court granted the petition, finding that the hearing officer failed to consider whether t
• DHSMV v. Satter
  9th Cir. Ct. App. Div.· 2009-08-18
  In this driver's license suspension appeal, the Ninth Judicial Circuit Court granted a petition for writ of certiorari and quashed the hearing officer's order sustaining Satter's one-year driver's license suspension for refusal to submit to an alcohol test. The court held that un
• Glendall W. and Calliope D. Gettings v. Orange Cnty.
  9th Cir. Ct. App. Div.· 2009-08-13
  The Ninth Judicial Circuit Court affirmed a Special Magistrate's order finding that property owners violated Orange County's shoreline alteration and dredge-and-fill ordinance when they constructed a seawall without required permits. The court rejected the owners' defenses of equ
• Auzenne v. DHSMV
  9th Cir. Ct. App. Div.· 2009-08-06
  Ivan Auzenne sought certiorari review of the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license for refusing a breath test. The Ninth Judicial Circuit Court granted the petition, finding the hearing officer erred by refusing to issue a sub
• West v. DHSMV
  9th Cir. Ct. App. Div.· 2009-07-27
  Matthew West petitioned for certiorari review of an administrative driver's license suspension for refusal to submit to a breath test. The Ninth Judicial Circuit Court's Appellate Division granted the petition in part, finding that while the arrest and hearing procedures were pro
• Gross v. Town of Juno Beach
  15th Cir. Ct. App. Div.· 2009-07-08
  Karen Seidler Gross challenged a speeding citation issued by the Town of Juno Beach based on an automated photo van, arguing the town's code enforcement ordinance was preempted by Florida's Uniform Traffic Control Law. The court granted the petition for writ of certiorari, findin
• Pizza v. DHSMV
  9th Cir. Ct. App. Div.· 2009-06-04
  Michael Pizza challenged the suspension of his driver's license following a DUI arrest. The Ninth Judicial Circuit Court granted his petition for certiorari, finding that the hearing officer violated procedural due process by failing to consider whether the initial traffic stop w
• Caitlin Clark v. DHSMV
  9th Cir. Ct. App. Div.· 2009-05-19
  Caitlin Clark challenged the suspension of her driver's license following a DUI arrest based on breath-alcohol test results. The appellate court found that the hearing officer violated her procedural due process rights by improperly limiting her cross-examination of a witness reg
• Moore v. DHSMV
  9th Cir. Ct. App. Div.· 2009-05-08
  John Moore sought certiorari review of a Florida Department of Highway Safety and Motor Vehicles order suspending his driver's license for refusing a breath test. The appellate court granted the petition after the Fifth District's Pelham decision established that a hearing office
• Harmon Griffin v. DHSMV
  9th Cir. Ct. App. Div.· 2009-05-08
  The Ninth Judicial Circuit granted certiorari review of a driver's license suspension order, finding that the Department of Highway Safety and Motor Vehicles' hearing officer failed to determine whether the petitioner's arrest was lawful before sustaining the suspension for refus
• DHSMV v. Critchfield
  9th Cir. Ct. App. Div.· 2009-05-02
  Petitioner Johnson sought certiorari review of the Florida Department of Highway Safety and Motor Vehicles' denial of his hardship license application. The court affirmed the Department's decision, finding that although a constitutional defect in the relevant statute had created
• Deland v. Benline Process Color Co
  9th Cir. Ct. App. Div.· 2009-04-20
  A property owner appealed a Special Master's finding that his used car dealership violated seven Orange County Code sections. The Ninth Judicial Circuit Court affirmed the Special Master's order, rejecting the appellant's arguments regarding non-conforming use, procedural due pro
• Tooma v. Fla. Parole Comm'n
  612 F. Supp. 2d 1255· S.D. Fla.· 2009-04-10
  The court held that an inmate's challenge to parole procedures, including reliance on judicial objections, does not state a constitutional claim cognizable under § 1983 or habeas corpus because Florida parole statutes do not create a protected liberty interest and procedural chan
• LeConche v. DHSMV
  9th Cir. Ct. App. Div.· 2009-04-07
  The Ninth Judicial Circuit granted Matthew LeConche's petition for writ of certiorari, quashing the Florida Department of Highway Safety and Motor Vehicles' Final Order sustaining his driver's license suspension for refusal to submit to a breath test. The court found that the adm
• Heard v. DHSMV
  9th Cir. Ct. App. Div.· 2009-04-03
  Jeffrey Heard petitioned for certiorari review of the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license following his refusal to submit to a breath test. The court granted the petition and quashed the license suspension, holding that the
• Ward v. DHSMV
  9th Cir. Ct. App. Div.· 2009-04-03
  The Ninth Judicial Circuit Court denied Melanie Ward's petition for writ of certiorari challenging the Department of Highway Safety and Motor Vehicles' one-year suspension of her driver's license following a fatal accident in which she was charged with DUI manslaughter. The court
• Perciballi v. DHSMV
  9th Cir. Ct. App. Div.· 2009-03-25
  Ronnie Perciballi challenged the suspension of his driver's license for driving with an unlawful breath-alcohol level. The Ninth Judicial Circuit granted his petition for writ of certiorari, finding the hearing officer violated essential requirements of law by refusing to issue a
• Latasha Lane v. DHSMV
  9th Cir. Ct. App. Div.· 2009-03-25
  Latasha Lane sought certiorari review of the Florida Department of Highway Safety and Motor Vehicles' suspension of her driver's license for driving with an unlawful blood alcohol level. The court granted the petition, finding that the hearing officer violated the essential requi