In Pari Materia Statutory Construction

606 Florida cases classified under this topic, plus 72 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Gideon Bernhardt v. State
  288 So. 2d 490· Fla.· 1974-01-09 ·cited 314×
  Bernhardt challenges the constitutionality of Florida Statute 949.10, which provides that arrest on a felony charge constitutes prima facie evidence of probation violation. The Florida Supreme Court upholds the statute as neither vague nor unconstitutional, and affirms the trial
• Amos v. Knott
  99 Fla. 1· Fla.· 1930-01-23 ·cited 299×
  The Florida Supreme Court upheld the validity of gasoline excise taxes enacted to pay county and district road bonds, holding that the taxes must be characterized as county taxes rather than state taxes to be constitutional, and that their proceeds must be apportioned among count
• Kathyrn Hayes v. State
  750 So. 2d 1· Fla.· 1999-10-07 ·cited 243×
  The Florida Supreme Court resolved a conflict among appellate districts concerning whether the drug trafficking statute applies to possession of hydrocodone in prescription tablets containing less than 15 milligrams per dosage unit. The Court held that such tablets constitute Sch
• Ball v. Mann
  75 So. 2d 758· Fla.· 1954-09-24 ·cited 164×
  Ball, a carpenter, received permanent partial disability compensation based on a 20% impairment of body function. The Florida Supreme Court held that under the Workers' Compensation Law, disability must be measured by diminution of earning capacity, not merely physical impairment
• Mays v. State
  717 So. 2d 515· Fla.· 1998-07-16 ·cited 148×
  The Florida Supreme Court held that under the 1994 revised sentencing guidelines, a trial court may impose a guidelines sentence that exceeds the statutory maximum for the offense, provided the sentence falls within the calculated guideline range and is not a departure sentence.
• Avallone v. Bd. OF Cnty. Comm'rs OF Citrus Cnty.
  493 So. 2d 1002· Fla.· 1986-07-10 ·cited 146×
  The Florida Supreme Court held that political subdivisions cannot assert absolute sovereign immunity when they have purchased liability insurance under section 286.28, and that once a government entity decides to operate a public facility like a swimming pool, it assumes a common
• Curry v. Lehman
  55 Fla. 847· Fla.· 1908-01-01 ·cited 141×
  This case addresses whether a judgment lien in one county is destroyed when the court records in the county where the judgment was rendered are destroyed by fire, specifically interpreting Florida's 1901 statute on re-establishment of destroyed judgments. The Court held that the
• Hervey Lareau v. State
  573 So. 2d 813· Fla.· 1991-01-10 ·cited 135×
  The Florida Supreme Court resolved a conflict between district courts regarding whether section 775.087(1) permits reclassification of aggravated battery from a second-degree to a first-degree felony when a deadly weapon is used. The Court held that such reclassification is autho
• Morton Globus v. LAW Research Serv., Inc.
  418 F.2d 1276· 2d Cir.· 1969-09-08 ·cited 129×
  Punitive damages are not available under Section 17(a) of the Securities Act of 1933, and an underwriter cannot be indemnified by an issuer for liabilities arising from misstatements when the underwriter had actual knowledge of those misstatements.
• Fla. Dep't of Env't Prot. v. Contractpoint Fla. Parks, LLC
  986 So. 2d 1260· Fla.· 2008-07-10 ·cited 126×·via Statutes In Pari Materia
  The Florida Supreme Court held that section 11.066, Florida Statutes, does not prohibit state agencies from paying valid breach of contract judgments absent a specific legislative appropriation. The court interpreted the statute narrowly to apply only to judgments arising from th
• State v. DYE
  346 So. 2d 538· Fla.· 1977-05-19 ·cited 126×
  The Florida Supreme Court affirmed the dismissal of trespass charges against Dye for lack of an essential element in the charging information, while reversing the trial court's finding that the trespass statute (§ 810.09) was unconstitutional. The Court held the statute constitut
• Miami Dolphins, Ltd. v. Metro. Dade Cnty.
  394 So. 2d 981· Fla.· 1981-01-29 ·cited 116×·via In Pari Materia Construction
  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
• Fla. State Racing Comm'n & Clarence H. Ratliff v. McLAUGHLIN
  102 So. 2d 574· Fla.· 1958-03-26 ·cited 113×·via Statutes In Pari Materia
  The Florida Supreme Court interpreted Section 550.05 of the Florida Statutes to determine whether it prohibits harness horse racing within 100 miles of an existing dog racing facility. The court held that the statute's plain language forbids issuance of a permit for a harness rac
• United States v. Becker
  461 F.2d 230· 2d Cir.· 1972-05-30 ·cited 112×
  The court held that the statutory definition of 'conduct' in an illegal gambling business includes all participants, and that the wiretap evidence was admissible despite procedural irregularities in its authorization.
• Thursby v. Stewart
  103 Fla. 990· Fla.· 1931-12-23 ·cited 105×
  A Volusia County taxpayer sought injunctive relief to prevent the county commissioners from paying $6,000 to a county fair association and from levying taxes under two 1931 legislative acts. The Florida Supreme Court held that Senate Bill No. 911 was unconstitutional as a special
• Zingale v. Powell
  885 So. 2d 277· Fla.· 2004-09-15 ·cited 102×·via In Pari Materia Construction
  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
• United States v. Edison Jordan
  915 F.2d 622· 11th Cir.· 1990-10-19 ·cited 102×
  The court held that the district court had jurisdiction under 28 U.S.C. § 2255 to consider the defendant's pro se motion and that the Sentencing Reform Act did not preclude such jurisdiction. The court further held that the defendant's conviction under 21 U.S.C. § 846 did authori
• Dep't OF Prof'l Reg. v. Zia Durrani
  455 So. 2d 515· Fla. 1st DCA· 1984-08-16 ·cited 95×
  The court held that the Board's rule setting a minimum FLEX score and requiring it from a single sitting was a valid exercise of delegated authority, and that deficiencies in the Economic Impact Statement did not impair the fairness of the proceeding.
• Shultz v. Wheaton Glass Co.
  421 F.2d 259· 3d Cir.· 1970-01-13 ·cited 92×
  The court held that the company failed to prove that the 10% wage differential between male and female selector-packers was based on a factor other than sex, as required by the Equal Pay Act.
• M. A. Kite Co. v. A. C. Samford, Inc.
  130 So. 2d 99· Fla. 1st DCA· 1961-05-04 ·cited 90×
  M.A. Kite Company, a Florida corporation, sued A.C. Samford, Inc., a foreign corporation, in Volusia County for payment for extra work performed under a painting subcontract. The trial court dismissed for improper venue, but the appellate court reversed, holding that where a cont
• del Valle v. State
  80 So. 3d 999· Fla.· 2011-12-15 ·cited 86×
  The Florida Supreme Court resolved a conflict among district courts of appeal regarding the procedures and burden of proof required before a probationer's probation can be revoked for failure to pay restitution or costs. The court held that trial courts must inquire into the prob
• State v. Espinosa
  686 So. 2d 1345· Fla.· 1996-12-26 ·cited 79×
  The Florida Supreme Court held that resisting arrest without violence is a permissive lesser-included offense of resisting arrest with violence, and established that a defendant who requests such an instruction waives the right to challenge sufficiency of evidence on the lesser o
• Mills v. Moore
  786 So. 2d 532· Fla.· 2001-04-12 ·cited 77×
  Gregory Mills, a death row inmate, petitioned for habeas corpus relief arguing that Florida's capital sentencing scheme violates the Apprendi decision requiring jury findings on facts increasing penalties, and that his jury override was arbitrarily applied under Tedder. The Flori
• Silva v. Sw. Fla. Blood Bank, Inc.
  601 So. 2d 1184· Fla.· 1992-05-28 ·cited 77×·via In Pari Materia Construction
  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
• Casper Howarth v. City of DeLand
  117 Fla. 692· Fla.· 1934-12-20 ·cited 72×·via Statutes In Pari Materia
  The Florida Supreme Court upheld the City of DeLand's authority to assess abutting property owners for street paving and sewerage improvements under Chapter 9735, Acts of 1923, and reversed the entry of a decree pro confesso on the ground that a decree on a demurrer, rather than
• State ex rel. J. H. Sherrill & D. A. Vann v. Milam
  113 Fla. 491· Fla.· 1932-10-01 ·cited 72×·via Statutes In Pari Materia
  Bond holders of negotiable coupon refunding bonds issued by the Everglades Drainage District sought mandamus to compel the Board of Commissioners and tax assessors to assess and collect drainage taxes at the rate fixed by Chapter 10026 (Acts of 1925), arguing that subsequent legi
• Curd v. Mosaic Fertilizer, LLC
  39 So. 3d 1216· Fla.· 2010-06-17 ·cited 71×
  The Florida Supreme Court held that commercial fishermen can recover economic damages for loss of income caused by pollution without owning the damaged property, both under a private statutory cause of action in chapter 376 and under common law negligence principles. The Court re
• Overbey v. Overbey
  698 So. 2d 811· Fla.· 1997-06-05 ·cited 71×
  The Florida Supreme Court held that a noncustodial parent's voluntary decision to attend law school and reduce income may justify a downward modification of child support only if the modification serves the best interests of the children. The Court reversed the district court's r
• Lowery v. State
  356 So. 2d 1325· Fla. 4th DCA· 1978-04-04 ·cited 67×
  William Lowery was convicted of resisting arrest with violence under Florida law. The court held that a person may not forcefully resist an arrest by a law enforcement officer, even if the arrest is unlawful, and affirmed the conviction.
• Coal. FOR Adequacy & Fairness IN Sch. Funding, Inc. v. Lawton Chiles
  680 So. 2d 400· Fla.· 1996-06-27 ·cited 66×
  The Florida Supreme Court affirmed dismissal of a declaratory judgment action challenging the state's failure to provide adequate education funding, holding that judicial determination of educational "adequacy" would violate separation of powers principles and present a non-justi
• Miami Bridge Co. v. R.R. Comm'n of the State of Fla.
  155 Fla. 366· Fla.· 1944-12-19 ·cited 65×
  The Florida Supreme Court rejected the Miami Bridge Company's challenge to the Railroad Commission's authority to regulate tolls on the Venetian Causeway, holding that Chapter 21743 validly granted the Commission power to fix toll rates and that this did not impair any protected
• State v. Boatwright
  559 So. 2d 210· Fla.· 1990-03-22 ·cited 64×
  The Florida Supreme Court held that trial judges have discretion to impose consecutive (stacked) minimum mandatory sentences in all cases involving capital felonies, not just homicides. The Court reversed the First District Court of Appeal's decision that had limited stacking to
• United States v. O'Driscoll
  761 F.2d 589· 10th Cir.· 1985-05-07 ·cited 64×
  The court held that a 300-year sentence for kidnapping, with parole eligibility after 99 years, is within statutory limits and not an abuse of discretion, as it falls under the 'any term of years' provision and the trial court properly applied sentencing statutes.
• Wiggins v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  209 So. 3d 1165· Fla.· 2017-01-31 ·cited 61×
  The Florida Supreme Court held that in DUI license suspension proceedings under section 322.2615, a circuit court conducting first-tier certiorari review must consider video evidence as part of its competent, substantial evidence analysis, and may reject officer testimony that is
• Youngblood v. Citrus Assocs. OF the NEW York Cotton Exch., Inc.
  276 So. 2d 505· Fla. 4th DCA· 1973-04-17 ·cited 60×
  Plaintiffs appealed an order quashing service of process on Citrus Associates, a New York corporation that operated an exchange for trading frozen concentrated orange juice futures. The Florida District Court of Appeal affirmed the quashing order, holding that Citrus Associates l
• State v. Baxley
  684 So. 2d 831· Fla. 5th DCA· 1996-11-08 ·cited 59×
  Florida prosecuted Michael Baxley for trafficking in hydrocodone tablets. The district court held that even though individual tablets containing ≤15mg hydrocodone constitute Schedule III (third-degree felony) offenses, aggregating multiple tablets to reach 4 grams or more of hydr
• Symons Corp. v. Tartan-Lavers Delray Beach, Inc.
  456 So. 2d 1254· Fla. 4th DCA· 1984-09-26 ·cited 55×
  Symons Corporation, a subcontractor, perfected a mechanic's lien against Tartan-Lavers Delray Beach, Inc.'s racquet club project by serving a Notice to Owner via certified mail. The Fourth District Court of Appeal affirmed that proper service occurred despite technical defects, a
• Knauer v. Barnett
  360 So. 2d 399· Fla.· 1978-06-08 ·cited 54×
  The Florida Supreme Court held that a child legitimatized through parental acknowledgment and intermarriage under Section 731.29(1) becomes the blood issue of the acknowledging father, and collateral kindred cannot challenge this legitimacy in subsequent disputes over inheritance
• Straughn v. K & K Land Mgmt., Inc.
  326 So. 2d 421· Fla.· 1976-01-14 ·cited 54×
  The Florida Supreme Court reversed a circuit court decision invalidating a statutory presumption that land sold for three or more times its agricultural assessment is not used for bona fide agricultural purposes. The Court held the presumption constitutional as a valid rebuttable
• Markham v. Blount
  175 So. 2d 526· Fla.· 1965-05-21 ·cited 54×·via Statutes In Pari Materia
  The Florida Supreme Court affirmed a circuit court's declaratory judgment resolving an alleged conflict between statutes governing the assessment of agricultural lands for property taxes. The court held that Florida Statutes §193.11(3), which requires agricultural lands to be ass
• City OF Tampa v. Thatcher Glass Corp.
  445 So. 2d 578· Fla.· 1984-02-09 ·cited 53×
  The Florida Supreme Court held that the term "fuel adjustment charge" in the municipal utility tax exemption statute includes adjustments to natural gas bills, not just electric bills. The court interpreted the statutory definition using common meaning rather than technical indus
• Ellis v. N.G.N. OF Tampa, Inc.
  586 So. 2d 1042· Fla.· 1991-09-19 ·cited 52×
  The Florida Supreme Court held that a cause of action exists against an alcoholic beverage vendor for knowingly serving a person habitually addicted to alcohol, even without prior written notice. The Court rejected the district court's requirement that written notice under the cr
• McLELLAN v. Miss. Power & Light Co.
  526 F.2d 870· 5th Cir.· 1976-02-05 ·cited 50×
  The court held that a petition for rehearing en banc should be granted.
• Iva Nelson Gonzales v. City OF Belle Glade
  287 So. 2d 669· Fla.· 1973-12-20 ·cited 50×
  The Florida Supreme Court reversed convictions of three defendants under the disorderly conduct statute (Fla.Stat. § 877.03), holding that the evidence presented—protest participation with threatening comments and complaining about restaurant service—was insufficient to constitut
• Jackson v. State
  463 So. 2d 372· Fla. 5th DCA· 1985-01-17 ·cited 49×
  David Jackson was convicted of fleeing police, battery on an officer, and resisting arrest. The Fifth District Court of Appeal affirmed the fleeing conviction but reversed the battery and resisting arrest convictions, holding that a defendant may lawfully defend against excessive
• Liberty Alliance OF THE Blind v. Califano
  568 F.2d 333· 3d Cir.· 1977-12-06 ·cited 46×
  The court held that the grandfather clause in § 1611(h) of the Social Security Act requires the Secretary to disregard income according to the greater of the former state plan or the new federal program, and that failure to exhaust administrative remedies does not bar class relie
• United States v. Gelbard
  443 F.2d 837· 9th Cir.· 1971-06-08 ·cited 46×
  Witnesses before a grand jury lack standing to challenge the constitutionality of the wiretapping statute or to demand inspection of wiretap materials before testifying.
• Brooks v. State
  478 So. 2d 1052· Fla.· 1985-10-03 ·cited 44×
  The Florida Supreme Court held that circuit courts have jurisdiction to revoke the community control status of youthful offenders and may re-sentence them upon revocation. The court resolved a conflict among district courts regarding whether the Parole and Probation Commission or
• In the Interest of D.P. v. State
  597 So. 2d 952· Fla. 1st DCA· 1992-05-11 ·cited 42×
  Two juveniles appealed their adjudications of delinquency for escape from residential commitment facilities under Florida's juvenile escape statute. The court reversed, finding that the statute unconstitutionally delegated legislative authority to the Department of Health and Reh
• Gen. Elec. Co. v. S. Constr. Co., Inc.
  383 F.2d 135· 5th Cir.· 1967-08-28 ·cited 42×·via In Pari Materia Construction
  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.