Krasner v. Miami-Dade County
Miami-Dade County obtained an ex parte county court order authorizing seizure of a dog designated dangerous, and the county court denied the owner's rule 1.540(b) motion to vacate. The Third District held that while the County's ordinance validly authorized it to institute judicial seizure proceedings under section 767.14, conducting those proceedings entirely ex parte without any particularized or generalized showing of the need to proceed without notice violated due process and rendered the seizure order void.
Key facts
- Miami-Dade County obtained an ex parte county court order authorizing seizure of a dog designated dangerous under the County's ordinance and section 767.14.
- The dog owner filed a rule 1.540(b) motion to vacate the seizure order, which the county court denied.
- +2 more key facts with a free trial
Why it matters
The opinion supplies a transferable due process rule: any party seeking a final ex parte order in Florida must make at least a generalized showing of the need for proceeding without notice, and the resulting order must… — full analysis with a trial
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