Procedural Due Process

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

• Jasen Genninger v. DHSMV
  9th Cir. Ct. App. Div.· 2009-03-18
  Jasen Genninger petitioned for certiorari review of the Department of Highway Safety and Motor Vehicles' suspension of his driver's license for driving with an unlawful blood alcohol level. The court granted the petition and quashed the suspension order, finding that the hearing
• Ganci v. DHSMV
  9th Cir. Ct. App. Div.· 2009-03-16
  Peter Ganci petitioned for certiorari review of the Florida Department of Highway Safety and Motor Vehicles' final order suspending his driver's license for driving with an unlawful breath-alcohol level of .162 and .164. The Ninth Judicial Circuit Court granted the petition and q
• Carpenter v. DHSMV
  9th Cir. Ct. App. Div.· 2009-03-16
  Bradley Carpenter sought certiorari review of an administrative license suspension order for driving with an unlawful blood alcohol level. The court granted the petition and quashed the suspension because the hearing officer improperly declined to consider whether Carpenter's arr
• Gutierrez-Torok v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2009-03-12
  Stephanie Gutierrez-Torok challenged the suspension of her driver's license for unlawful breath-alcohol level through certiorari review. The court held that the hearing officer departed from the essential requirements of law by refusing to issue subpoenas for persons identified i
• Kreda v. DHSMV
  9th Cir. Ct. App. Div.· 2009-03-09
  Ryan Kreda seeks certiorari review of a driver's license suspension issued by the Florida Department of Highway Safety and Motor Vehicles for refusal to submit to a breath test. The circuit court upheld the suspension, finding that the odor of alcohol provided sufficient probable
• Stodart v. DHSMV
  9th Cir. Ct. App. Div.· 2009-02-05
  Petitioner sought certiorari review of the Department of Highway Safety and Motor Vehicles' suspension of his driver's license for driving with an unlawful alcohol level. The circuit court granted the petition and remanded the case because the hearing officer failed to grant a pr
• Fernandez v. City of Orlando Code Enf't Bd.
  9th Cir. Ct. App. Div.· 2008-12-01
  Property owners appealed a Code Enforcement Board's order denying their request to reduce a $132,750 penalty for failing to timely remedy hurricane-related code violations. The appellate court reversed, finding the Board failed to meaningfully consider the owners' submitted evide
• Gipson v. City of Orlando Police Pension Bd. of Trs.
  9th Cir. Ct. App. Div.· 2008-12-01
  Officer William Gipson sought certiorari review of the City of Orlando Police Pension Board's denial of his application for service-connected disability pension benefits following a workplace injury at the airport. The Ninth Judicial Circuit Court affirmed the Board's decision, f
• Barfield v. Jupiter Inlet Colony
  15th Cir. Ct. App. Div.· 2008-11-21
  The Barfields appealed five code enforcement orders against them by the Town of Jupiter Inlet Colony's Special Master. The appellate court reversed and remanded because the Special Master was improperly appointed by the town attorney rather than by the Town Commission as required
• Chaplin v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2008-11-14
  Brad Chaplin petitioned for certiorari review of the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license for driving with an unlawful blood-alcohol level. The court denied the petition, holding that the Intoxilyzer breath test equipment was
• Smith v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2008-11-14
  Dustin D. Smith petitioned for certiorari review of a driver's license suspension imposed by the Florida Department of Highway Safety and Motor Vehicles for driving with an unlawful blood-alcohol level. The Ninth Judicial Circuit Court denied the petition, holding that the hearin
• Hill v. DHSMV
  9th Cir. Ct. App. Div.· 2008-11-04
  In this certiorari review of a driver's license suspension for refusal to submit to a breath test, the Ninth Judicial Circuit Court reversed the suspension, holding that the arresting officer lacked probable cause to arrest for DUI because he did not observe the petitioner in act
• Dorman v. DHSMV
  9th Cir. Ct. App. Div.· 2008-10-23
  James Dorman petitioned for certiorari review of the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license for unlawful breath-alcohol level. The Ninth Judicial Circuit Court found that the hearing officer violated his procedural due process
• Karizma Kirpalani v. State of Fla. Dep't OF Hwy. Safety & Motor Vehicles
  991 So. 2d 1026· Fla. 4th DCA· 2008-10-08
  The court held that a deputy's potentially inaccurate advisement regarding New Jersey law concerning the consequences of refusing a breath test does not render the test results inadmissible in a Florida administrative license suspension proceeding.
• Reese v. DHSMV
  9th Cir. Ct. App. Div.· 2008-10-02
  Jeremy Reese sought certiorari review of a final order suspending his driver's license for driving with an unlawful alcohol level. The court granted his petition after finding the hearing officer departed from the essential requirements of law by refusing to issue subpoenas for p
• Ret. Bd. OF the City OF Coral Gables v. PIÑON
  992 So. 2d 357· Fla. 3d DCA· 2008-10-01
  In this second-tier certiorari case, the Florida District Court of Appeal upheld a circuit court's reversal of a Retirement Board decision that denied a former city employee equitable relief after he detrimentally relied on erroneous retirement benefit calculations. The court hel
• Costco Wholesale Corp. v. Defilippo
  991 So. 2d 998· Fla. 4th DCA· 2008-10-01
  Costco sought certiorari review of a circuit court order that partially overruled its discovery objections and directed production of accident records for three years prior to the incident at issue. The appellate court granted the petition and quashed the trial court's order, fin
• Faulkner v. DHSMV
  9th Cir. Ct. App. Div.· 2008-09-12
  The Ninth Judicial Circuit Court, Appellate Division, denied the Department of Highway Safety and Motor Vehicles' motion for rehearing and granted Miranda Faulkner's motion for rehearing, quashing the hearing officer's license suspension order. The case involves the proper scope
• Trescott v. City of Orlando Code Enf't Bd.
  9th Cir. Ct. App. Div.· 2008-09-02
  Appellant Trescott appeals Code Enforcement Board findings of violation against his commercial property for multiple zoning and building code violations. The appellate court affirms the violation for unpermitted interior alterations but reverses and remands violations related to
• Peyton v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2008-08-01
  David Peyton sought certiorari review of an administrative license suspension for refusing a breath test after a DUI arrest. The Ninth Judicial Circuit Court affirmed the suspension, holding that the deputy lawfully stopped Peyton's vehicle based on objectively reasonable suspici
• State v. Brady
  985 So. 2d 656· Fla. 2d DCA· 2008-06-27
  The State petitioned for certiorari to quash a circuit court order that upheld the county court's dismissal of a DUI charge on speedy trial grounds. The appellate court granted the petition, holding that the defendant waived his speedy trial right by declining a trial offer from
• DHSMV v. Pelham
  9th Cir. Ct. App. Div.· 2008-05-21
  Angel Gonzalez-Vega petitioned for certiorari review of an administrative suspension of his driver's license for driving with an unlawful blood alcohol level. The court granted his petition and quashed the suspension order because the hearing officer departed from essential requi
• DHSMV v. Satter
  9th Cir. Ct. App. Div.· 2008-05-19
  Petitioner challenged the administrative suspension of her driver's license for refusing a breath test after a DUI investigation. The Ninth Judicial Circuit Court upheld the suspension, finding sufficient probable cause and that the petitioner was afforded procedural due process.
• O'Shaughnessy v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2008-05-09
  Timothy O'Shaughnessy challenged the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license for refusing a breath test. The Ninth Circuit Court granted his petition for writ of certiorari, finding that the hearing officer departed from the ess
• Toler v. DHSMV
  9th Cir. Ct. App. Div.· 2008-05-08
  Monte Lee Toler sought certiorari review of a license suspension imposed by the Department of Highway Safety and Motor Vehicles (DHSMV) for refusing a breath test after a DUI charge. The court denied the petition, finding competent, substantial evidence supported the hearing offi
• DHSMV v. Satter
  9th Cir. Ct. App. Div.· 2008-04-11
  Petitioner's driver's license was suspended for one year after he refused to submit to a breathalyzer test. He petitioned for a writ of certiorari challenging the Department of Highway Safety and Motor Vehicles' administrative suspension order on grounds that the stop lacked lawf
• Simon v. DHSMV
  9th Cir. Ct. App. Div.· 2008-03-20
  The Ninth Judicial Circuit Court granted Ralph William Simon's petition for writ of certiorari to review a final order sustaining his 18-month driver's license suspension for refusing a breath-alcohol test. The court held that although the legislature removed consideration of a l
• Tasman v. DHSMV
  9th Cir. Ct. App. Div.· 2008-03-18
  Dean Tasman sought a writ of certiorari to challenge the Board of County Commissioners' decision upholding a zoning board condition prohibiting him from renting an accessory dwelling unit to non-relatives. The court granted the petition, finding that the "no rental" condition vio
• Henry Co. Homes, Inc. v. Curb
  548 F. Supp. 2d 1281· N.D. Fla.· 2008-03-11
  The court granted summary judgment for the defendant, finding he was entitled to qualified immunity because he acted within his discretionary authority and the plaintiff failed to establish a violation of constitutional rights.
• Wal-Mart Stores E. L.P. v. Town OF Davie
  977 So. 2d 636· Fla. 4th DCA· 2008-02-13
  Wal-Mart sought second-tier certiorari review of a circuit court's denial of its first-tier petition challenging the Town of Davie's denial of a site plan application. The appellate court affirmed, finding the circuit court properly exercised jurisdiction and applied correct lega
• Cartanza v. C.A. No. 2641-MG Del. Dep't OF Natural Res. & Env't Control
  Del. Ch.· 2008-02-06
  The Delaware Court of Chancery held that plaintiffs lacked standing to challenge the designation of their properties as Natural Areas (NAs) because such designations have no independent legal significance and impose no restrictions on landowners. The court further held that the S
• Harvey v. DHSMV
  9th Cir. Ct. App. Div.· 2008-01-22
  This certiorari petition challenges a driver's license suspension for refusing a breath test. The court held that a hearing officer departed from the essential requirements of law by denying a subpoena request for a deputy identified in the charging affidavit, and quashed the sus
• Nelson v. Dean
  528 F. Supp. 2d 1271· N.D. Fla.· 2007-12-14
  A national political party has a First Amendment right to set its own delegate selection rules and schedule, and a state cannot compel the party to seat delegates chosen in violation of those rules.
• Byle v. Pasco Cnty.
  970 So. 2d 366· Fla. 2d DCA· 2007-10-12
  The court held that a single judge cannot decide a petition for review of administrative action when a local rule requires a three-judge panel.
• Lennar Homes, Inc. v. Dorta-Duque
  972 So. 2d 872· Fla. 3d DCA· 2007-09-19
  Lennar Homes appealed a trial court judgment granting declaratory relief and specific performance to Dorta-Duque for breach of a settlement agreement. The court held that Lennar's obligations under the settlement were not excused because the contingencies specified in the agreeme
• 07 60
  9th Cir. Ct. App. Div.· 2007-09-11
  A driver challenges the suspension of his license for refusal to submit to a breath test after a DUI stop. The court affirmed the suspension, holding that the officer had probable cause to stop and arrest the driver, that drivers have no right to counsel before submitting to brea
• Prosper Diagnostic Ctrs., Inc. v. Allstate Ins. Co.
  964 So. 2d 763· Fla. 4th DCA· 2007-08-29
  The circuit court correctly applied the law when affirming the county court's grant of summary judgment based on the fee-splitting prohibition.
• Stapleton v. Orange Cnty. Sheriff's Off.
  9th Cir. Ct. App. Div.· 2007-08-14
  Kathryn Stapleton's driver's license was suspended for driving with a breath-alcohol level of .105 and .112 (above the .08 threshold). On certiorari review, the appellate court found that the hearing officer violated the essential requirements of law by refusing to issue subpoena
• Gaines v. Fla. Parole Comm'n & The Fla. Dep't of Corr.
  962 So. 2d 1040· Fla. 1st DCA· 2007-08-14
  Gaines sought mandamus relief for time-credit following his mistaken release from jail and subsequent escape. The court held that because Florida law does not clearly establish a prisoner's right to credit when he knows of his erroneous release and remains silent, the circuit cou
• Charles Finn, M.D. v. Elliott
  961 So. 2d 384· Fla. 2d DCA· 2007-08-03
  Florida appellate court reversed sanctions imposed on independent medical examiner because he was not provided adequate notice of the hearing, requiring only two working days' notice to a nonparty.
• Quinones v. Dep't of Hwy. Safety & Motor Vehicles
  963 So. 2d 272· Fla. 5th DCA· 2007-07-27
• Brady v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2007-07-06
  Charles Brady sought certiorari review of an administrative license suspension for driving with an unlawful blood alcohol level. The court denied the petition, finding that although Brady initially rebutted the presumption that the Intoxilyzer 5000 Series was properly approved, t
• Smith v. Whittaker
  9th Cir. Ct. App. Div.· 2007-07-06
  Elaine Smith petitioned for a writ of certiorari challenging a Board of Adjustment decision granting Eunice Whittaker a hardship variance to build a two-story addition that encroaches on rear setback requirements. The court denied the petition because Smith failed to raise her su
• Leandre v. DHSMV
  9th Cir. Ct. App. Div.· 2007-07-03
  Carolyn Marie Leandre appealed the Florida Department of Highway Safety and Motor Vehicles' suspension of her driver's license for driving with an unlawful blood alcohol level (.202 and .203 BAC). The Ninth Judicial Circuit Court affirmed the suspension, holding that the hearing
• Edgin v. DHSMV
  9th Cir. Ct. App. Div.· 2007-07-01
  Aaron Edgin petitioned for certiorari review of the Florida Department of Highway Safety and Motor Vehicles' suspension of his driving privileges for refusing to submit to a breath-alcohol test. The appellate court affirmed the suspension, rejecting Edgin's challenges to the admi
• Hall v. Orange Cnty.
  9th Cir. Ct. App. Div.· 2007-05-29
  Russell Hall appealed a Code Enforcement Board (CEB) determination that he violated Orange County Code by storing a dual rear-wheeled vehicle in a residential area. Hall challenged the decision on due process grounds and argued the fine was excessive, but the appellate court affi
• Miami-Dade Cnty. & Ian Yorty v. Blue Mountain Inv., Inc.
  962 So. 2d 921· Fla. 3d DCA· 2007-05-09
  The City of Miami appealed a trial court's summary judgment that invalidated its tax deed and quieted title in Blue Mountain Investment, Inc. The court reversed, holding that Florida statutory law does not require notice to a property title holder after land is placed on a list o
• Romaguera v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2007-04-18
  Romaguera petitioned for certiorari review of an administrative license suspension imposed by the Florida Department of Highway Safety and Motor Vehicles following a DUI arrest. The Ninth Judicial Circuit Court granted the petition, finding that the hearing officer violated statu
• Pelto v. DHSMV
  9th Cir. Ct. App. Div.· 2007-04-11
  Jessica Pelto sought certiorari review of the Florida Department of Highway Safety and Motor Vehicles' Final Order sustaining her driver's license suspension following a DUI arrest. The court granted the petition and quashed the hearing officer's decision because the hearing offi
• Boswell v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2007-04-06
  Sarah Boswell petitioned for a writ of certiorari to challenge the Florida Department of Highway Safety and Motor Vehicles' administrative order suspending her driver's license for driving with an unlawful alcohol level. The court granted the petition, finding that the hearing of