In Pari Materia Construction

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

• Miami Dolphins, Ltd. v. Metro. Dade Cnty.
  394 So. 2d 981· Fla.· 1981-01-29 ·cited 116×
  Miami Dolphins challenged the constitutionality of Florida's Local Option Tourist Development Act and a Dade County ordinance imposing a 2% tourist room tax to fund Orange Bowl renovations. The Florida Supreme Court affirmed that the tax was constitutional, the referendum was val
• Zingale v. Powell
  885 So. 2d 277· Fla.· 2004-09-15 ·cited 102×
  The Florida Supreme Court interpreted the "Save Our Homes" amendment (Article VII, Section 4(c)) to hold that a homeowner must receive a homestead exemption to qualify for the constitutional cap on property tax assessment increases, rather than merely meeting the ownership and re
• Silva v. Sw. Fla. Blood Bank, Inc.
  601 So. 2d 1184· Fla.· 1992-05-28 ·cited 77×
  The Florida Supreme Court held that blood banks are not subject to the two-year medical malpractice statute of limitations when supplying blood products to patients, but rather fall under the four-year general negligence statute of limitations. The Court rejected the Second Distr
• Gen. Elec. Co. v. S. Constr. Co., Inc.
  383 F.2d 135· 5th Cir.· 1967-08-28 ·cited 42×
  The court held that the one-year limitation period under the Miller Act begins to run from the date the last material was supplied, not from the date of the last material for which a claim is made.
• Walsingham v. State
  250 So. 2d 857· Fla.· 1971-07-12 ·cited 40×
  Appellants were convicted of conspiracy to commit abortion and appealed, contending the trial court erred in instructing the jury on the definition of abortion. The Florida Supreme Court reversed because the jury instruction failed to include the lawful exception to the abortion
• Carter v. State
  155 So. 2d 787· Fla.· 1963-07-03 ·cited 38×
  Theodore Carter, a chiropractor, was convicted of attempted abortion. The Florida Supreme Court affirmed his conviction, holding that the statutory term "unlawfully" in the abortion statute is sufficiently defined by reference to companion homicide statutes, and that the evidence
• Advisory Opinion TO The Attorney Gen. RE Referenda Required FOR Adoption & Amendment of Local Gov't Comprehensive Land Use Plans
  963 So. 2d 210· Fla.· 2007-07-12 ·cited 30×
  The Florida Supreme Court addressed whether it has jurisdiction to review financial impact statements for constitutional amendment initiatives and whether the statement at issue complied with statutory requirements. The Court concluded it has jurisdiction and remanded the financi
• Stevens v. Commissioner OF Internal Revenue
  452 F.2d 741· 9th Cir.· 1971-11-26 ·cited 28×
  Income derived from allotted lands, lands received by gift, and inherited lands held in trust for a noncompetent Indian are exempt from federal income tax. Income from lands purchased by a noncompetent Indian, with their funds but held in trust by the United States, is also exemp
• Boatright v. Philip Morris USA Inc.
  218 So. 3d 962· Fla. 2d DCA· 2017-04-12 ·cited 25×
  The Second District Court of Appeal reversed a trial court's denial of attorneys' fees and costs to former tobacco lawsuit plaintiffs, holding that Florida Rule of Civil Procedure 2.516(b)(1)'s mandatory email service requirement does not apply to pretrial proposals for settlemen
• McLAUGHLIN v. Dep't of Hwy. Safety & Motor Vehicles
  2 So. 3d 988· Fla. 2d DCA· 2008-11-14 ·cited 25×
  The circuit court correctly applied the law by denying the petition for certiorari, as the hearing officer's scope of review under section 322.2615 is limited to specific enumerated issues and does not include the lawfulness of the arrest.
• Fla. Hosp. Waterman, Inc. v. Buster
  932 So. 2d 344· Fla. 5th DCA· 2006-03-10 ·cited 25×
  Florida Hospital Waterman sought certiorari review of a trial court order requiring production of self-policing documents under Amendment 7 (the Patients' Right To Know Amendment), challenging whether the amendment preempts statutory privileges, is self-executing, and should appl
• Howard v. Howard
  467 So. 2d 768· Fla. 1st DCA· 1985-04-11 ·cited 22×
  Sarah Howard appealed a final judgment of dissolution of marriage, arguing that the trial court erred in refusing to enforce a separation agreement between her and Mark Howard and in various property and support determinations. The appellate court affirmed the trial court's refus
• Bess Kennedy v. Whitehurst
  690 F.2d 951· D.C. Cir.· 1982-09-17 ·cited 22×
  Federal employees who successfully resolve age discrimination claims at the administrative level under the Age Discrimination in Employment Act (ADEA) are not entitled to recover attorneys' fees for legal services rendered during that administrative stage.
• The State of Fla. ex rel. v. The Cnty. Comm'rs of Volusia Cnty.
  28 Fla. 793· Fla.· 1891-06-01 ·cited 14×
  The Florida Supreme Court upheld the Board of County Commissioners' authority to reduce a school tax levy from five mills to three and three-quarter mills, despite the School Board's request for five mills. The Court held that the tax levy acts of 1889 and 1891 granted County Com
• Dickenson v. Cahoon
  107 Fla. 155· Fla.· 1932-10-24 ·cited 13×
  The Florida Supreme Court held that Chapter 14764 (Acts of 1931), which regulates certificated motor vehicles operating for compensation, establishes an independent and complete regulatory scheme that exempts such vehicles from the general 16,000-pound weight limit imposed by Sec
• United States & Arthur A. Ronat v. Kendrick
  518 F.2d 842· 7th Cir.· 1975-07-10 ·cited 12×
  The appellate court reviewed an order appointing a special receiver for a hospital due to allegations of mismanagement, self-enrichment by an officer, and impending insolvency, and the potential sale of the hospital that would eliminate minority stockholders' equity.
• Oregrund Ltd. P'ship v. Sheive
  873 So. 2d 451· Fla. 5th DCA· 2004-05-07 ·cited 10×
  Oregrund Limited Partnership and Euramerican Investment Consultants Corp. challenged the trial court's dismissal of their complaint alleging usury against investors who structured a sale-leaseback transaction involving valuable real estate. The Fifth District Court of Appeal reve
• Great Outdoors Trading, Inc. v. City OF High Springs
  550 So. 2d 483· Fla. 1st DCA· 1989-08-04 ·cited 10×
  Great Outdoors Trading, Inc. appeals the denial of its petition for a permanent injunction to prevent the City of High Springs from enforcing a zoning ordinance that repealed an amendment allowing the sale of beer and wine at its cafe location. The court affirmed, holding that th
• Katherine's BAY, LLC v. Fagan
  52 So. 3d 19· Fla. 1st DCA· 2010-12-14 ·cited 9×
  Katherine's Bay, LLC appeals an administrative decision invalidating a small-scale development amendment to Citrus County's Comprehensive Plan that would have changed the zoning of its property from Low Intensity Coastal and Lakes to Recreational Vehicle Park/Campground. The cour
• Tarpon Springs Hosp. Found., Inc. v. Anderson
  34 So. 3d 742· Fla. 2d DCA· 2010-04-21 ·cited 8×
  The Florida District Court of Appeal reversed in part the ALJ's determination that a certified nurse midwife (Nurse Hilderbrandt) was not a participating physician under the Birth-Related Neurological Injury Compensation Plan, holding that the ALJ erroneously required written doc
• United States v. Ariz. Canning Co.
  212 F.2d 532· 10th Cir.· 1954-04-23 ·cited 8×
  The court held that the trial court erred in limiting witness mileage costs to 100 miles, as the Federal Food, Drug, and Cosmetic Act and Rule 45(e)(1) allow for broader subpoena and cost assessment powers.
• Orange Cnty. Sch. Bd. & United Self Insured Servs. v. Best
  728 So. 2d 1186· Fla. 1st DCA· 1999-03-03 ·cited 7×
  The Florida Court of Appeal resolved whether a workers' compensation petition filed more than one year after remedial treatment ended was barred by the statute of limitations. The court held that the two-year statute of limitations in section 440.19(1) is the primary limitation,
• Jale Jane Smith v. Unemployment Appeals Comm'n & U.S. Postal Serv.
  831 So. 2d 249· Fla. 2d DCA· 2002-11-27 ·cited 6×
  The court held that the employee's actions did not constitute misconduct connected with work, as defined by statute, and therefore she should not be denied unemployment benefits.
• In re Advisory Opinion OF the Governor Request OF November 19
  343 So. 2d 17· Fla.· 1977-02-15 ·cited 6×
  The Florida Supreme Court answered the Governor's request for an advisory opinion on when to convene the Constitution Revision Commission established by Article XI, Section 2 of the 1968 Florida Constitution. The Court resolved conflicting constitutional language by determining t
• Application of Arthur L. Reese
  359 F.2d 462· C.C.P.A.· 1966-04-21 ·cited 6×
  The court held that the appeal was untimely filed, as the appellant failed to comply with the mandatory statutory deadlines for filing a notice of appeal.
• Nat'l Labor Relations Bd. v. Radio & Television Broad. Eng'rs Union, Local 1212, Int'l Bhd. of Elec. Workers, AFL-CIO
  272 F.2d 713· 2d Cir.· 1959-12-03 ·cited 6×
  The court held that the National Labor Relations Board must affirmatively determine which union is entitled to disputed work under § 10(k) of the LMRA, rather than merely finding that the respondent union has no claim to it.
• Winthrop & Joseph, Inc. v. Marriott Resort Hospitality Corp.
  695 So. 2d 789· Fla. 5th DCA· 1997-05-02 ·cited 4×
  Winthrop & Joseph, Inc. (W & J) appealed a summary judgment finding its contingency fee contract with Marriott unenforceable under Florida Statute § 112.3217. The court reversed, holding that the statute applies only to lobbying contracts and does not prohibit contingency fee arr
• Everglades Law Ctr. Inc. v. S. Fla. Water Mgmt. Dist.
  290 So. 3d 123· Fla. 4th DCA· 2019-09-18 ·cited 2×
  This case addresses whether mediation communications disclosed during a "shade meeting" (a closed meeting between a government entity and its attorney to discuss litigation) are exempt from public disclosure. The court held that such communications, when memorialized in a transcr
• State v. Joseph
  94 So. 3d 672· Fla. 1st DCA· 2012-08-10 ·cited 2×
  The court reversed the trial court's exclusion of tax documents, holding that while the State obtained them in violation of federal law, suppression was not the appropriate remedy, and the documents could be used as evidence.
• Sims v. NEW Falls Corp.
  37 So. 3d 358· Fla. 3d DCA· 2010-05-26 ·cited 2×
  The court held that a choice of law provision in a mortgage instrument expressly stating it governs only that deed does not apply to a separately executed promissory note, even though both documents were executed as part of the same transaction. Florida law therefore applies to t
• Cas. Indem. Exch. v. Small Fry, Inc.
  452 F.2d 741· S.D. Fla.· 1989-03-29 ·cited 2×
  The court held that a 'more definite statement' filed in the underlying action must be considered with the complaint to determine an insurer's duty to defend, and that the sexual abuse exclusion in the policy relieved the insurer of its duty.
• Am. Tel. & Tel. Co. v. The United States
  685 F.2d 1361· Ct. Cl.· 1982-08-11 ·cited 2×
  The statute of limitations for a claim under the Invention Secrecy Act of 1951 (35 U.S.C. § 183) does not begin to run until the patent is issued, when all events fixing liability and entitling the claimant to sue have occurred.
• Nixon v. United States Fid. & Guar. Co.
  255 So. 2d 277· Fla. 4th DCA· 1971-11-19 ·cited 2×
  Plaintiff Nixon appealed an adverse judgment in a non-jury trial where the trial court denied him insurance coverage under a liability policy. The appellate court affirmed, holding that the policy language was clear and unambiguous and therefore did not require construction in Ni
• Dearing v. Gen. Motors Acceptance Corp.
  758 So. 2d 1236· Fla. 5th DCA· 2000-05-26 ·cited 1×
  Dearing sued GMAC, the lessor of a vehicle involved in an accident, under the dangerous instrumentality doctrine. The court reversed summary judgment for GMAC, holding that the lease did not strictly comply with the statutory exemption for leases of one year or longer because it
• OLD Dominion Ins. Co. v. Stellar Concepts & Design, Inc.
  189 So. 3d 293· Fla. 4th DCA· 2016-04-13
  Old Dominion Insurance Company appealed a summary judgment requiring it to defend and indemnify its insured, Stellar Concepts & Design, Inc., for damages arising from automated solicitation calls that violated Washington state law. The Fourth District Court of Appeal affirmed, ho
• Robert Roy Cone, D.O., M.D. v. State
  886 So. 2d 1007· Fla. 1st DCA· 2004-10-28
  Robert Roy Cone, D.O., M.D., appeals the permanent revocation of his Florida osteopathic medicine license by the Board of Osteopathic Medicine, which was based solely on the revocation of his California allopathic medicine license. The court reverses and remands, holding that whi
• Parker v. State
  406 So. 2d 1089· Fla.· 1981-10-08
  Parker challenges his four-year probation sentence for conspiracy to possess cannabis, arguing that under the applicable statute, possession of over 100 pounds is a third-degree felony (making conspiracy a first-degree misdemeanor with a one-year maximum), not a second-degree fel
• Am. Mut. Liab. Ins. Co. v. City OF W. Palm Beach
  185 So. 2d 174· Fla. 4th DCA· 1966-04-14
  An insurance company sued to recover workers' compensation benefits it paid under subrogation rights against a negligent municipality. The court held that the insurance carrier's right to sue does not accrue until the injured employee fails to bring suit within one year after the
• Sterling Cider Co., Inc. v. Hassett
  133 F.2d 590· 1st Cir.· 1943-01-27
  The court held that appellant's 'sweet sparkling cider,' produced by normal alcoholic fermentation of apple juice, is taxable as 'apple wine' under the relevant statutes, regardless of its specific characteristics or prior classifications.
• Dade Cnty. v. The City of Miami
  77 Fla. 786· Fla.· 1919-05-30
  The City of Miami sued Dade County to recover one-half of road tax revenues collected on city property, claiming the county was statutorily obligated to share these funds. The Florida Supreme Court affirmed, holding that Section 9 of Chapter 6537 was not repealed by later tax lev