Procedural Rights

131 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• United States v. Holcomb
  651 F.2d 231· 4th Cir.· 1981-06-08 ·cited 2×
  The 1976 Amendments to the Horse Protection Act, which changed the forum for judicial review to the Court of Appeals and applied a substantial evidence standard, applied to pending cases like Holcomb's. These changes were procedural, not substantive.
• Gray v. Fla. Dep't OF Labor & Emp. Sec.
  375 So. 2d 341· Fla. 1st DCA· 1979-09-18 ·cited 2×
  This case concerns an unemployment benefits claimant who missed his initial hearing due to misdirection and whose subsequent hearing was flawed, leading the appellate court to reverse and remand for a new hearing.
• Fla. Limousine Serv., Inc. v. The Fla. Pub. Serv. Comm'n
  317 So. 2d 742· Fla.· 1974-10-16 ·cited 2×
  The Florida Supreme Court denied certiorari review of a Florida Public Service Commission order granting permanent authority to American Sightseeing Tours, Inc. to operate a scheduled closed-door limousine service between McCoy-Orlando Airport and Walt Disney Theme Park, rejectin
• Moynihan v. Elliott
  195 F.2d 363· 5th Cir.· 1952-04-05 ·cited 2×
  The court held that a suit based on a new and independent contract, rather than the original notes, is maintainable regardless of the original assignor's citizenship, even if the assignee clause would otherwise bar it.
• In re Managed Care Litigation
  110 F. Supp. 126· S.D. Fla.· 2002-09-26 ·cited 1×
  The court denied class certification for the Subscriber track claims under Rule 23(b)(2) and (b)(3) due to a lack of uniform conduct and predominance of individual issues, while granting certification for the Provider track.
• ED Taylor Constr. Co. v. Occupational Safety & Health Review Comm'n
  938 F.2d 1265· 11th Cir.· 1991-08-15 ·cited 1×
  The court held that the administrative law judge's order became final despite the absence of Review Commission members, granting the court jurisdiction. However, the employer was denied procedural rights by the Commission's failure to consider its petition, necessitating vacating
• In re the Est. OF Edward H. Broome
  375 So. 2d 594· Fla. 5th DCA· 1979-09-26 ·cited 1×
  The Florida District Court of Appeal resolved three disputes regarding a widow's dower rights in her deceased husband's estate. The court held that dower property is chargeable with a proportional share of real estate taxes and mortgage interest, that the widow has dower rights i
• Cole v. Universal Prop. & Cas. Ins. Co.
  Fla. 4th DCA· 2023-05-03
  A statutory presuit notice requirement for property insurance claims is procedural in nature and applies retroactively to existing insurance policies, even when the statute was enacted after the policy was issued. The retroactive application does not impair substantive rights bec
• SFR Servs., LLC v. Indian Harbor Ins. Co.
  M.D. Fla.· 2021-03-26
  The court held that the Florida statute regulating assignments of benefits applies to assignments executed after its effective date, and that the insurer can challenge the validity of the assignment as a defense, but the assignment is not automatically void for failing to meet ce
• Wilhemina M. Bateman
  Del. Super. Ct.· 2020-10-05
  The Delaware Department of Transportation's motion for summary judgment is granted. The plaintiff failed to establish a prima facie case of retaliation because the temporal proximity between her protected activity and the adverse employment actions was not unusually suggestive, a
• BAL Harbour Vill. v. Welsh
  879 So. 2d 1265· Fla. 3d DCA· 2004-08-11
  Bal Harbour Village enacted an ordinance limiting homeowners to two dogs, enacted after problems with unleashed dogs, bites, and barking. William Welsh, who owned four dogs before the ordinance, challenged its enforcement against him as retroactive. The court held that police pow
• Marie Banks v. Sec'y OF The Ind. Fam. & Soc. Servs. Admin.
  997 F.2d 231· 7th Cir.· 1993-06-15
  The court held that plaintiffs have standing to sue the federal Secretary of Health and Human Services regarding alleged violations of Medicaid regulations, but affirmed the district court's dismissal because the plaintiffs failed to state a viable claim against either the federa
• United States v. Walkingeagle
  974 F.2d 551· 4th Cir.· 1992-09-08
  The court held that the district court retained jurisdiction over a lesser-included offense even after granting a judgment of acquittal on the greater felony counts.
• Assily v. Tampa Gen. Hosp.
  59 Fair Empl. Prac. Cas. (BNA) 41· M.D. Fla.· 1992-05-29
  The court held that the Civil Rights Act of 1991 applies retroactively to pending cases, allowing claims for compensatory and punitive damages and a jury trial, as no manifest injustice would result.
• DIX v. The Cnty. OF Shasta
  963 F.2d 1296· 9th Cir.· 1992-05-08
  California's Victims' Bill of Rights grants crime victims procedural rights but does not create a liberty or property interest enforceable under the federal Due Process Clause.
• Gross v. Albertson's, Inc.
  591 So. 2d 311· Fla. 4th DCA· 1991-12-27
  In this negligence action arising from a fall, the defendant prevailed at trial and sought attorney's fees under Florida's offer of settlement statute (section 45.061). The court affirmed the award of fees, holding that defense verdicts trigger fee liability under the statute, an
• Chalk v. State
  467 So. 2d 1070· Fla. 2d DCA· 1985-04-24
• Crawley v. Bd. OF Educ. OF Marion Cnty.
  658 F.2d 450· 6th Cir.· 1981-09-02
  The plaintiff was not entitled to a hearing because the lateral transfer to a similar administrative position did not constitute a termination under Kentucky law.
• In the Interest of P. L. H. v. The Honorable Jackson O. Brownlee
  389 So. 2d 649· Fla. 5th DCA· 1980-05-21
  The trial court erred in denying the motion to dismiss based on the speedy trial rule, as the statute's filing deadline prevails over the procedural rule.
• Pvt. Melvyn S. Hall v. Brigadier General Darrie Richards
  447 F.2d 98· 9th Cir.· 1971-08-13
  The court held that the Selective Service Board effectively reopened the appellee's classification, entitling him to a III-A deferment.
• In re Basso
  299 F.2d 933· D.C. Cir.· 1962-03-01
  The court held that the appellant was not prejudiced by the proceedings, even though she conducted her own defense, because her mental incompetence was clearly established and her procedural rights were protected.
• Flanagan v. Young
  228 F.2d 466· D.C. Cir.· 1955-12-22
  A veteran charged with violating the Hatch Act is entitled to the procedural protections afforded by the Veterans' Preference Act, including specific notice, hearing, and appeal rights.
• Cent. States Coops., Inc. v. Watson Bros. Transp. Co., Inc.
  180 F.2d 689· 7th Cir.· 1950-02-10
  The court held that a pending appeal and supersedeas bond create a substantial controversy, preventing dismissal for mootness, and that the substantive rights of the parties are governed by state law.