Procedural Due Process

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

• Mobley v. Fla. Parole Comm'n
  949 So. 2d 372· Fla. 2d DCA· 2007-03-02
  Mobley, a parolee with two consecutive 99-year sentences, sought habeas corpus relief after his parole was revoked for leaving his assigned county without permission. The court denied his petition for certiorari, finding no grounds for relief under applicable parole revocation st
• Barcena v. Dep't of Off-Street Parking
  492 F. Supp. 2d 1343· S.D. Fla.· 2007-01-12
  The court held that a pre-deprivation hearing for towed vehicles is not constitutionally required or feasible, and the available post-deprivation remedies under Florida law were adequate.
• Bd. OF Cnty. Comm'rs v. City OF Cocoa
  953 So. 2d 8· Fla. 5th DCA· 2007-01-05
  The court denied the petition for writ of certiorari, finding no miscarriage of justice warranting review.
• Lacey Moore v. DHSMV
  9th Cir. Ct. App. Div.· 2006-12-22
  Lacey Moore sought certiorari review of the Florida Department of Highway Safety and Motor Vehicles' suspension of her driver's license for refusing to submit to a breath-alcohol test following a DUI investigation. The circuit court affirmed the suspension, finding statutory amen
• Pistone v. City OF Palm BAY & Denise A. Burgin
  944 So. 2d 537· Fla. 5th DCA· 2006-12-22
  The court denied Richard Pistone's petition for a writ of certiorari.
• Miami-Dade Cnty. v. Redland Ests., Inc.
  964 So. 2d 701· Fla. 3d DCA· 2006-12-13
  Miami-Dade County petitioned for certiorari to review a circuit court's decision that quashed the County Commission's reversal of a Planning Director's determination that a mobile home park destroyed by Hurricane Andrew could be rebuilt without public hearings. The court denied t
• In & for New Castle Cnty. Salem Church (delaware
  Del. Ch.· 2006-10-06
  The Court of Chancery dismissed most of the plaintiff's claims, finding that the plaintiff failed to state claims for equitable estoppel, substantive due process, procedural due process, equal protection, and takings. The court found that the plaintiff's takings claim failed for
• Oakcrest Early Educ. Ctr., Inc. v. Dep't of Child. & Families
  936 So. 2d 1174· Fla. 5th DCA· 2006-08-25
  Oakcrest Early Education Center's child day care license was summarily suspended by the Florida Department of Children and Families following an incident where a child was left in a van for two-and-a-half hours. The court reversed the suspension order, holding that the Department
• Wilbesan Charter Sch. v. Sch. Bd. of Hillsborough Cnty.
  447 F. Supp. 2d 1292· M.D. Fla.· 2006-08-15
  The court modified the Magistrate Judge's Report and Recommendation to include abstention analysis, denied the motion for preliminary injunction, and granted the motion to dismiss certain claims, abstaining from others.
• Reyes v. Fla. Parole Comm'n
  935 So. 2d 594· Fla. 1st DCA· 2006-08-08
  Florida appellate court granted certiorari and quashed summary denial of habeas petition challenging parole revocation, holding that alleged deprivations of counsel, evidence access, and cross-examination required issuance of order to show cause before adjudication on the merits.
• Williamson v. Dep't of Hwy. Safety & Motor Vehicles
  933 So. 2d 665· Fla. 1st DCA· 2006-07-13
  The court held that the evidence supported the stop for a violation of the statute requiring vehicles to be driven within a single lane, and thus the circuit court properly denied the petition for writ of certiorari.
• Helmut M. Cuecha v. State
  934 So. 2d 538· Fla. 3d DCA· 2006-05-24
  Helmut Cuecha appealed the denial of his Rule 3.850 post-conviction relief motion challenging his guilty plea to sexual abuse charges. The appellate court reversed in part and affirmed in part, finding that claims regarding ineffective assistance of counsel regarding the plea agr
• Watson Constr. Co. v. City of Gainesville
  433 F. Supp. 2d 1269· N.D. Fla.· 2006-05-23
  The court held that the plaintiff could not prove a procedural due process claim because the City's moratorium ordinance was a legislative act, and thus summary judgment was granted on that count.
• Stranahan House, Inc. v. City OF Fort Lauderdale
  927 So. 2d 1068· Fla. 4th DCA· 2006-05-10
  The court held that the trial court erred in denying the petition for writ of mandamus because the City had a ministerial duty to submit the historic designation application to the Historic Preservation Board, and the trial court improperly focused on the Board's discretion rathe
• Harr v. DHSMV
  9th Cir. Ct. App. Div.· 2006-05-04
  Gregory Harr petitioned for certiorari review of the Department of Highway Safety and Motor Vehicles' Final Order suspending his driving privileges for refusing a breath-alcohol test. The court affirmed the suspension, holding that a private citizen (paramedic) lawfully arrested
• Neilson v. City of Orlando Code Enf't Bd.
  9th Cir. Ct. App. Div.· 2006-04-20
  The Ninth Judicial Circuit Court affirmed the Code Enforcement Board's violation finding against property owners Neilson, holding that they received adequate procedural due process notice and an opportunity to be heard despite receiving the hearing notice only four days before th
• McAllister v. DHSMV
  9th Cir. Ct. App. Div.· 2006-03-03
  This case involves Donald McAllister's appeal of a driver's license suspension for driving with an unlawful breath-alcohol level. The court rejected McAllister's argument that his statements to police were inadmissible under the accident report privilege due to lack of Miranda wa
• IN & FOR THE NEW Castle Cnty. Alice Brenda Squire v. Bd. OF Educ. OF THE RED Clay Consol. Dist. Emp'r -
  Del. Super. Ct.· 2006-01-18
  The appellate court affirmed the hearing officer's decision upholding the termination of a tenured library/media specialist. The court found that the school district correctly used a teacher's performance appraisal form because the specialist's duties included teaching, and that
• Kwiecinski v. Renke
  916 So. 2d 966· Fla. 2d DCA· 2005-12-09
  A former client appealed a judgment awarding her ex-attorney $42,074.25 in attorney's fees and costs. The Florida appellate court reversed because the client, a pro se litigant residing in New York, did not receive adequate notice of the evidentiary hearing on the attorney's fees
• St. Louis v. Sands
  401 F. Supp. 2d 1351· S.D. Fla.· 2005-11-08
  The court held that the plaintiff failed to state a claim for racial discrimination under 42 U.S.C. § 1981 and for retaliation under the First Amendment, thus granting the motion to dismiss.
• Reyes v. State
  911 So. 2d 202· Fla. 3d DCA· 2005-09-21
  The court held that the Florida Sexual Predators Act does not violate procedural due process and affirmed the denial of postconviction relief.
• ST. Johns/ST. Augustine v. City OF ST. Augustine
  909 So. 2d 575· Fla. 5th DCA· 2005-09-02
• MacKlin v. Mueck
  373 F. Supp. 2d 1334· S.D. Fla.· 2005-06-10
  The court held that defendants waived their right to a jury trial on damages and denied their motion to vacate the default judgment on that ground, but reserved judgment on the due process claim pending further evidence of service.
• United Auto. Ins. Co. v. Active Spine Ctrs., LLC
  899 So. 2d 1235· Fla. 3d DCA· 2005-04-20
  United Automobile Insurance Company sought a writ of certiorari to quash a circuit court appellate division's order dismissing its appeal for failure to timely file an initial brief. The court granted the petition, holding that a timely-filed motion to supplement the record tolle
• United Auto. Ins. Co. v. Hialeah Med. Assocs., Inc.
  926 So. 2d 388· Fla. 3d DCA· 2005-03-02
• Mabrey v. Fla. Parole Comm'n
  891 So. 2d 1164· Fla. 2d DCA· 2005-01-28
  Raymond Lee Mabrey petitioned for a writ of certiorari to challenge the circuit court's second denial of his habeas petition challenging revocation of his conditional release by the Florida Parole Commission. The appellate court granted the petition because the circuit court fail
• Stambaugh v. State
  891 So. 2d 1136· Fla. 4th DCA· 2005-01-26
  The Florida Fourth District Court of Appeal held that filing a violation of probation (VOP) affidavit without issuance of an arrest warrant does not toll a probationary period. The court reversed the circuit court's denial of a writ of prohibition and found that the county court
• Draves v. State
  889 So. 2d 1015· Fla. 2d DCA· 2005-01-05
  The court reversed and remanded for correction of sentencing documents to conform the written sentence to the oral pronouncement, and certified conflict regarding the constitutionality of sexual predator designation requirements.
• Flowers v. Acousti Eng'g Co. OF Fla. & Commercial Risk Mgmt., Inc.
  891 So. 2d 578· Fla. 1st DCA· 2004-12-10
  The court reversed the Judge of Compensation Claims' denial of a workers' compensation stipulation because the JCC failed to provide the parties due notice and opportunity to be heard before rejecting their agreed attorney's fees and costs.
• IN & FOR Sussex Cnty. Ellen B. Lynch v. C.A. No. 2266-S THE City OF Rehoboth Beach
  Del. Ch.· 2004-10-08
  The court affirmed the city's rezoning decision, finding that the plaintiffs did not demonstrate a violation of due process and that the commissioners' actions were not arbitrary or capricious. The court denied the plaintiffs' motion for summary judgment and granted the city's mo
• D.W. v. Dep't of Child. & Families
  882 So. 2d 491· Fla. 5th DCA· 2004-09-17
  The court reversed an order requiring a mother to pay temporary child support to the Department of Children and Families pending adjudication of dependency, holding that she was denied procedural due process because the support order was entered without proper notice and a hearin
• Napoleon Powers v. State
  876 So. 2d 1251· Fla. 5th DCA· 2004-07-02
• Valentin v. State
  874 So. 2d 1280· Fla. 5th DCA· 2004-06-18
• Roberts Chiropractic Ctr. P.A. v. Progressive Consumers Ins. Co.
  873 So. 2d 1286· Fla. 1st DCA· 2004-06-03
  The court reversed in part a summary judgment for the manufacturer, finding that while the consumers' Lemon Law claim was correctly dismissed due to failure to pursue a second arbitration, other claims were not properly resolved.
• Rickman v. State
  871 So. 2d 310· Fla. 5th DCA· 2004-04-30
• Downs v. Crosby
  874 So. 2d 648· Fla. 2d DCA· 2004-04-23
  Downs seeks certiorari review of a circuit court order denying his petition for provisional credits on his 1992 guidelines sentences. The court holds that the circuit court erroneously applied the amended version of the provisional credits statute retroactively, violating the Ex
• Littlefield v. State
  914 So. 2d 981· Fla. 1st DCA· 2004-04-20
• United States v. Al-Arian
  308 F. Supp. 2d 1322· M.D. Fla.· 2004-03-12
  The court held that the interpretation of AEDPA and IEEPA requires careful consideration of mens rea and potential constitutional issues, particularly regarding First Amendment rights and vagueness challenges.
• Brasota Mortg. Co., Inc. v. Town OF Longboat KEY
  865 So. 2d 638· Fla. 2d DCA· 2004-02-13
  Brasota Mortgage Company sought certiorari review of a zoning board's denial of its subdivision plat application. The circuit court dismissed the petition without proper analysis, and the district court granted the petition for writ of certiorari, quashing the circuit court's ord
• State v. Caswell
  999 So. 2d 1065· Fla. 1st DCA· 2003-10-31
  Florida seeks certiorari review of a circuit court's decision that a defendant's DUI plea was involuntary because she was not informed that permanent driver's license revocation would result. The First District reverses, holding that license revocation is an administrative conseq
• Godfrey-Aurand v. Ewart Clyde Godfrey
  855 So. 2d 1278· Fla. 3d DCA· 2003-10-15
  Godfrey-Aurand appeals a temporary injunction removing her as trustee of a trust holding income-producing properties and appointing a successor interim trustee. The Florida appellate court affirmed the injunction, finding no due process violation and upholding the trial court's d
• Cromer v. Crowder
  2003 U.S. Dist. LEXIS 12625· S.D. Fla.· 2003-07-17
  Summary judgment is granted for defendants because plaintiff failed to establish genuine issues of material fact regarding her claims of constitutional violations and conspiracy.
• Strickland v. Allen
  1995 WL 783254· N.D. Fla.· 2003-06-23
  The court held that the United States' motion to withdraw its admission regarding timely notice of an attorney charging lien should be granted because withdrawal would subserve the presentation of the merits and the opposing party failed to show prejudice.
• IN & FOR NEW Castle Cnty. Rose Hunter v. First Usa/Bank One
  Del. Super. Ct.· 2003-05-29
  The court reversed the Unemployment Insurance Appeal Board's decision denying benefits. Despite finding substantial evidence supporting the Board's conclusion that the appellant was terminated for just cause due to falsifying her employment application, the court found that the a
• B.M. v. Dep't of Child. & Families
  842 So. 2d 936· Fla. 1st DCA· 2003-03-18
  The State of Washington's use of Social Security benefits to reimburse itself for foster care costs, when acting as a representative payee, does not violate the Social Security Act's antiattachment provision (42 U.S.C. § 407(a)).
• United States v. Denis
  246 F. Supp. 2d 1250· S.D. Fla.· 2002-12-03
  The court held that the Federal Death Penalty Act is constitutional and that the defendant is not entitled to dismissal or striking of the government's notice to seek death.
• Klauber v. City of Sarasota
  235 F. Supp. 2d 1263· M.D. Fla.· 2002-11-18
  The court granted summary judgment for the defendants on the Equal Protection and First Amendment claims, finding no genuine issue of material fact regarding intentional discrimination or proper pleading of the First Amendment claim.
• Solomos v. Sheriff Ken Jenne
  820 So. 2d 941· Fla.· 2002-05-30
• State v. Leroy
  819 So. 2d 169· Fla. 4th DCA· 2002-05-08
  The State of Florida sought certiorari review of a circuit court order granting a writ of prohibition that disqualified a county court judge from presiding over a misdemeanor probation violation case. The court found the judge's comments did not warrant prohibition but denied cer
• Rectory Park, L.C. v. City of Delray Beach
  208 F. Supp. 2d 1320· S.D. Fla.· 2002-05-07
  The court held that the City of Delray Beach's conditional use zoning ordinance contains sufficiently clear and definite standards to withstand a vagueness challenge and that the plaintiffs have standing to bring their claims.