Natiello v. Winn-Dixie Stores, Inc.

2 Citing cases

  1. Jenkins v. M.F. ex rel. C.F.

    280 So. 3d 507 (Fla. Dist. Ct. App. 2019)   Cited 4 times

    Additionally, whether a party has been denied procedural process is also reviewed de novo. Natiello v. Winn-Dixie Stores, Inc., 203 So. 3d 209, 210 (Fla. 4th DCA 2016). Although there are no cases discussing the procedural due process that should be afforded in relation to dismissal of a truancy petition, it is clear that Florida courts require at least notice and an opportunity to be heard, especially where no party opposes, objects, or raises defenses as to the sufficiency of the petitions.

  2. Fla. Research Inst. for Equine Nurturing, Dev. & Safety, Inc. v. Dillon

    247 So. 3d 538 (Fla. Dist. Ct. App. 2018)   Cited 1 times
    In Dillon, the corporation's bylaws allowed the board to suspend or expel a member "for 'just cause' after a vote is held at any regular, special or emergency meeting if deemed in the best interest of the organization," and the corporation's rules allowed the board to terminate a member "immediately and without warning" if the board determined that the member had "intentionally tried to undermine the organization."

    More specifically, the corporation argues the trial court erred by ruling that the corporation's membership termination procedures were invalid based upon a purported due process violation. To the extent the trial court's final judgment was based upon its legal conclusion that the corporation's application of the bylaws violate due process, our review is de novo. SeeAcoustic Innovations , 976 So.2d at 1143 ("[W]here a trial court's conclusions following a non-jury trial are based upon legal error, the standard of review is de novo ."); Natiello v. Winn–Dixie Stores, Inc. , 203 So.3d 209, 210 (Fla. 4th DCA 2016) ("[T]he issue of whether a party has been denied procedural due process is reviewed de novo."); Retreat at Port of Islands, LLC v. Port of Islands Resort Hotel Condo. Ass'n, Inc. , 181 So.3d 531, 532 (Fla. 2d DCA 2015) ("[O]rganizational bylaws are treated as contracts, and we review construction of those bylaws de novo.").We agree with the corporation's arguments regarding its termination of the wife's membership for three reasons: