Procedural Due Process

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

• Bruland v. Howerton
  606 F. Supp. 333· S.D. Fla.· 1985-03-27
  The court affirmed the INS's imposition of fines, holding that the plaintiffs' defenses of estoppel, duress, and due diligence were not applicable or established.
• Rowls v. Rowls
  465 So. 2d 632· Fla. 1st DCA· 1985-03-21
  Roy Rowls appeals orders committing him to jail for contempt of court based on failure to pay child support. The court reverses, holding that the county judge lacked jurisdiction because the administrative order purporting to assign the county judge to circuit court duties was in
• Growden v. State
  463 So. 2d 1145· Fla.· 1985-02-07
  The court held that section 817.563, Florida Statutes (1981), is constitutional against challenges of substantive and procedural due process, vagueness, and improper burden on the defendant.
• Metro. Dade Cnty. v. Caputi
  466 So. 2d 1087· Fla. 3d DCA· 1985-01-29
  A significant delay in holding a disciplinary hearing does not automatically require reversal of a suspension if actual prejudice cannot be shown.
• Tallahassee Junior Acad. v. Unemployment Appeals Comm'n
  461 So. 2d 968· Fla. 1st DCA· 1984-12-11
  Tallahassee Junior Academy appealed the Unemployment Appeals Commission's decision granting unemployment benefits to former employee Sara Purvis. The court reversed and remanded for a new hearing after finding that procedural defects—including a defective recording of the origina
• Nat'l Labor Relations Bd. v. DPM OF Kan., Inc.
  744 F.2d 83· 10th Cir.· 1984-09-24
  The court held that the National Labor Relations Board did not abuse its discretion in setting aside the first election or refusing to set aside the second election, and that the company was not denied procedural due process.
• Hanke v. Walters
  740 F.2d 654· 8th Cir.· 1984-08-08
  The court held that the statute governing transfers of veterans from VA hospitals to nursing homes creates an objective expectation of process, thus establishing a constitutionally protected liberty interest requiring appropriate procedural safeguards before transfer.
• Wainwright v. Ford
  467 U.S. 1220· U.S.· 1984-05-31
• Gelber v. Rozas
  584 F. Supp. 902· S.D. Fla.· 1984-05-14
  The court holds that it has subject matter jurisdiction over the federal claims but must dismiss pendent state law claims seven and eight.
• Biscayne Fed. Sav. & Loan Ass'n v. Fed. Home Loan Bank Bd.
  572 F. Supp. 997· S.D. Fla.· 1983-09-09
  The court held that the FHLBB's decision to appoint a receiver was an abuse of discretion, and that the constitutional claims were cognizable in this action.
• The Fla. Chapter OF the Sierra Club v. Orlando Utils. Comm'n
  436 So. 2d 383· Fla. 5th DCA· 1983-08-18
  The Florida Chapter of the Sierra Club appealed the certification of a 415-megawatt coal-fired power plant by the Orlando Utilities Commission under the Florida Electrical Power Plant Siting Act. The court affirmed the certification, holding that the Public Service Commission's d
• Police Pension Bd. v. Neilson
  435 So. 2d 325· Fla. 4th DCA· 1983-07-20
  The Fourth District Court of Appeal denied the Police Pension Board's petition for writ of certiorari, finding competent evidence supported the circuit court's determination and no fundamental error in law application.
• Lister v. Hoover
  706 F.2d 796· 7th Cir.· 1983-05-16
  The court held that due process does not require the Appeals Committee to provide a statement of reasons for denying residency reclassification for tuition purposes, as the administrative burden outweighs the slight private interest and the risk of error is minimal.
• Jerd Lapham v. Cal. Energy Res. Conservation & Dev. Comm'n
  705 F.2d 358· 9th Cir.· 1983-05-04
  Abstention was proper because the determination of whether plaintiffs had a protected property interest, requiring due process, must be decided under state law.
• Majestic View Condo. Ass'n, Inc. v. Bolotin
  429 So. 2d 438· Fla. 4th DCA· 1983-04-06
  The court held that the condominium association properly sought to enforce its pet restrictions and that the trial court erred in denying injunctive relief and awarding attorney's fees to the unit owners.
• Bowen v. City OF Hollywood
  428 So. 2d 673· Fla. 4th DCA· 1983-01-05
  A city employee discharged from his position sought review of the Civil Service Board's decision sustaining his dismissal through common law certiorari. The circuit court denied the petition without issuing an order to show cause or considering the merits. The district court held
• Ffec-Six, Inc. v. Fla. Pub. Serv. Comm'n
  425 So. 2d 152· Fla. 1st DCA· 1983-01-04
  The Florida Public Service Commission's order granting a water and sewer utility permit was reversed because the Commission failed to inform the applicant of its right to request a hearing under § 120.57 and the applicable procedural requirements, thus denying a clear point of en
• Booker Leon Robinson, Jr. v. Wright
  682 F.2d 756· 8th Cir.· 1982-07-13
  The court affirmed the district court's judgment regarding the procedural due process violation but remanded the issue of attorney's fees for further consideration.
• Fierro v. Ellis C. MacDOUGAL
  685 F.2d 261· 9th Cir.· 1982-06-01
  The court held that Fierro's complaint stated a viable claim for deprivation of a state-created liberty interest without due process, and he should be allowed to amend his complaint.
• City OF Hollywood Emps. Ret. Fund v. Allen
  412 So. 2d 2· Fla. 4th DCA· 1981-11-25
  The court denied the petition for writ of certiorari because the appellate court's review is limited to procedural due process and essential requirements of law, not reweighing evidence.
• Harvin v. The United States
  661 F.2d 885· Ct. Cl.· 1981-09-23
  The court held that the Board committed a reversible procedural error by denying the plaintiff's counsel the right to use investigators' handwritten notes to cross-examine them, and that two charges regarding lunch expenses were based on an erroneous legal standard.
• Kekai v. Hargrave
  649 F.2d 748· 9th Cir.· 1981-06-29
  The court held that an employee who obtains a position through deliberate material misrepresentation of qualifications has no constitutionally protected property interest in that employment, and thus cannot claim a violation of procedural due process rights upon termination.
• Border Brokerage Co., Inc. v. The United States
  646 F.2d 539· C.C.P.A.· 1981-04-16
  The court affirmed the lower court's decision, finding the appellant failed to demonstrate the statute lacked a rational basis.
• Pace v. Oliver
  634 F.2d 302· 5th Cir.· 1981-01-16
  An absolute policy prohibiting prisoners from accessing institutional records for their defense at disciplinary hearings violates procedural due process under Wolff v. McDonnell.
• Lytle v. Brown
  636 F.2d 1135· 6th Cir.· 1980-12-11
  The court held that Army Regulation 601-25 permits a physician to apply for an exemption from active duty based on community need before receiving orders for active duty.
• Lemons v. Morgan
  629 F.2d 1389· 8th Cir.· 1980-09-19
  A public employee's allegations of demotion in retaliation for exercising free speech rights state a claim under the First and Fourteenth Amendments and 42 U.S.C. § 1983, even if the employee cannot establish a deprivation of liberty or property interest.
• Marten et ux. v. Thies
  446 U.S. 1320· U.S.· 1980-05-16
  The Circuit Justice denied a stay of an order terminating visitation rights, finding it unlikely the Supreme Court would grant certiorari and that the lower courts' decisions were well-supported.
• Teague v. City OF ST. Louis
  615 F.2d 773· 8th Cir.· 1980-02-28
  The court affirmed the district court's decision, finding no error in the Title VII claim and no purpose for remanding the § 1983 claim based on the trial judge's findings.
• Tucker v. Shirling Sam Caldwell
  608 F.2d 140· 5th Cir.· 1979-12-10
  The state's procedure for recovering overpaid unemployment benefits by reducing future benefits, after an initial hearing determined overpayment, satisfies due process. The trial judge also correctly denied class certification.
• The Fla. Bar. in re Amendment to Integration Rule Article Viii (dues Procedure)
  377 So. 2d 702· Fla.· 1979-12-06
  This case involves a dissent arguing that the current voting procedure for approving Bar dues effectively disenfranchises the majority of the Bar membership.
• Nat'l Labor Relations Bd. v. Copes-Vulcan, Inc.
  611 F.2d 440· 3d Cir.· 1979-10-11
  The court held that the company unlawfully refused to hire Josephine Barber due to her husband's union activities, but that statements made to her husband during a grievance investigation were not coercive.
• Zygadlo v. Wainwright
  49 Fla. Supp. 153· Bradford Cty. Cir. Ct.· 1979-09-28
  A prison inmate challenges the loss of 180 days of gain time based on a disciplinary finding of "inciting a strike." The court grants the habeas corpus petition, finding that the disciplinary charge did not adequately support the specific offense of inciting a strike, as the char
• AAA Enters., Inc. v. Fla. Pub. Serv. Comm'n
  48 Fla. Supp. 143· Martin Cty. Cir. Ct.· 1978-11-08
  A Martin County Circuit Court held that Florida Statute §47.011, as applied to require a small business to litigate against the Florida Public Service Commission in Leon County (the state capital, 400 miles away), violates substantive due process and the constitutional right of a
• City of Boca Raton v. Shuler
  48 Fla. Supp. 163· Palm Beach Cty. Cir. Ct.· 1978-04-18
  The City of Boca Raton appealed a county court dismissal of a municipal ordinance violation charge against Shuler for failure to register as a lawn maintenance worker. The circuit court reversed, holding that occupational registration requirements under Lambert v. California do n
• A. W. v. State
  358 So. 2d 71· Fla. 3d DCA· 1978-04-18
  Juvenile's delinquency adjudication for stealing a school bus was reversed because the State failed to bring him to trial within the 93-day speedy trial period required by Florida statute and juvenile procedure rules.
• Piercy v. Seymore G. Heyison
  565 F.2d 854· 3d Cir.· 1977-11-04
  The court held that the use of a cognovit note does not automatically preclude license suspension for nonpayment of a judgment, and the case should be remanded for a three-judge court.
• Knowles v. Dade Cnty.
  46 Fla. Supp. 79· Dade Cty. Cir. Ct.· 1977-05-03
  Two police officers sought certiorari review of their dismissals from the Dade County Public Safety Department. The court granted the writ, finding a procedural due process violation when the hearing examiner required the officers to testify in support of the county's case, and o
• Hillier v. Cohen
  45 Fla. Supp. 171· Fla. Cir. Ct.· 1977-04-07
  The Hilliers challenged a tax warrant and sheriff's sale of their Hialeah real estate by the Department of Revenue, alleging improper notice, name discrepancies, and procedural violations. The court voided the sheriff's sale and deed, finding the Revenue Department failed to prov
• Carrell Dennis Ford v. Wainwright
  549 F.2d 981· 5th Cir.· 1977-03-30
  The court held that a new parole revocation hearing, with appointed counsel, is the appropriate remedy for denial of procedural due process, not outright release.
• In re Petition of Public Counsel
  44 Fla. Supp. 172· Fla. P.S.C.· 1976-09-22
  Public Counsel petitioned the Florida Public Service Commission to amend its procedural rule to permit the Public Counsel's office to participate in and provide summaries to commissioners during agenda conferences. The Commission denied the petition, holding that the Public Couns
• Piper v. Hauck
  532 F.2d 1015· 5th Cir.· 1976-06-07
  The court held that the reference of the case to a magistrate as a special master was improper over the appellant's objection, entitling him to a trial de novo.
• First Lieutenant Stephen H. LaFRANCHI v. Honorable Robert C. Seamans, Jr.
  536 F.2d 1259· 9th Cir.· 1976-04-19
  The court held that the reasons cited for denying the conscientious objector discharge were insufficient and not supported by the record.
• Benfield v. Bounds
  540 F.2d 670· 4th Cir.· 1976-03-31
  The court held that the Wolff v. McDonnell procedural due process standards do not apply retroactively to prison transfers or reclassifications that occurred before June 26, 1974. However, cases involving transfers after that date may require Wolff-type hearings if they constitut
• Rosser v. Newman
  528 F.2d 1025· 5th Cir.· 1976-03-18
  The court held that the plaintiff failed to establish a prima facie case of due process violations or arbitrary and capricious agency action regarding his denied repromotions.
• Armstrong v. Ward
  529 F.2d 1132· 2d Cir.· 1976-02-03
  The court held that the case was moot because there was no reasonable expectation that the alleged wrong would be repeated, and vacated the lower court's judgment.
• Burnette v. Sch. Bd. OF City OF Va. Beach
  530 F.2d 124· 4th Cir.· 1976-01-19
  The court held that the failure to afford formal cross-examination in the administrative hearing was harmless error because the merits were fully explored in district court and the opportunity for cross-examination was not utilized.
• Burnley v. Thompson
  524 F.2d 1233· 5th Cir.· 1975-12-24
  The court held that the discharge and suspension procedures for the firefighters did not violate due process, as probationary employees lacked a property interest and nonprobationary employees were subject to emergency suspension and negotiated hearings.
• Brooks v. Cousins
  527 F.2d 472· 4th Cir.· 1975-11-10
  The court held that the inmate's claims were moot due to his parole, requiring dismissal of the appeal.
• Hollis v. Mathews
  520 F.2d 338· 5th Cir.· 1975-10-01
  The court held that the district court did not err in affirming the Administrative Law Judge's determination that the appellant was not eligible for widow disability benefits.
• Rohwer v. Fla. State Bd. OF Architecture
  320 So. 2d 858· Fla. 1st DCA· 1975-09-10
  Licensed Florida architect Jay Rohwer challenged the suspension of his license by the Florida State Board of Architecture for allegedly engaging in dishonest practice by using another architect's seal and signature on plans. The court granted certiorari and quashed the suspension