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

• Danney F. MacKey v. State
  310 So. 2d 312· Fla. 1st DCA· 1975-03-20 ·cited 4×
  The court upheld the denial of a habeas corpus petition where the defendant claimed he had completed his jail sentence and should have been released with credit for gain time earned. The court found that the trial judge had properly calculated the sentence to account for gain tim
• Gen. Am. Transp. Corp. v. Reubin O'D. Askew
  310 So. 2d 46· Fla. 1st DCA· 1975-03-19 ·cited 4×
  General American Transportation Corporation challenged Florida's Department of Revenue assessment of its rolling stock (tank, refrigerator, and specialized railroad cars) for tax year 1971. The court reversed summary judgments against the corporation, holding that Florida law did
• Gen. Fire & Cas. Co. & Aircraft Serv. Int'l, Inc. v. First Nat'l Bank OF Tampa
  306 So. 2d 193· Fla. 2d DCA· 1975-01-22 ·cited 4×
• United States v. Marrifield
  496 F.2d 1278· 5th Cir.· 1974-07-12 ·cited 4×
  The court held that the defendants' convictions for operating an illegal gambling business under 18 U.S.C. § 1955 were valid, as the statute's jurisdictional requirement of five or more persons involved in conducting the business was met by interpreting 'conducts' broadly to incl
• Roxie Thomas Lord v. Dep't OF Health & Rehabilitative Servs.
  296 So. 2d 561· Fla. 1st DCA· 1974-07-02 ·cited 4×
  A state agency that files a caveat need not file a claim until notified by the court of the issuance of letters of administration, and the claim is not barred by the general six-month claim filing period if the court fails to provide such notice.
• Getter v. Yanks
  290 So. 2d 543· Fla. 3d DCA· 1974-02-26 ·cited 4×
  Appellant sought review of an order denying his motion to compel discovery of a notice of termination filed by his former employer with the State Insurance Commissioner. The court affirmed the denial, holding that the notice is privileged under Florida Statute § 648.39(3) and tha
• Tippitt v. United States Bd. OF Parole
  446 F.2d 26· 6th Cir.· 1971-07-29 ·cited 4×
  A prisoner released under 18 U.S.C. § 4163 is subject to the continuing jurisdiction of the United States Board of Parole until the expiration of his maximum sentence less 180 days, as provided by 18 U.S.C. § 4164.
• City OF Winter Park v. Presbyterian Homes FOR the Synod OF Florida
  242 So. 2d 733· Fla. 4th DCA· 1970-10-21 ·cited 4×
  Presbyterian Homes for the Synod of Florida sought an ad valorem tax exemption for its Winter Park Towers facility for elderly residents. The City of Winter Park and other tax officials appealed the trial court's grant of exemption, arguing the facility operated as a profit-makin
• State v. Domingo Garcia
  224 So. 2d 395· Fla. 3d DCA· 1969-05-29 ·cited 4×
  The provision of F.S. § 912.01 prohibiting jury trial waiver in capital cases is superseded by Rule 1.260 CrPR, which permits waiver with approval of the court and consent of the state. A defendant indicted for a capital offense may therefore waive jury trial.
• Wright v. State
  199 So. 2d 321· Fla. 1st DCA· 1967-05-30 ·cited 4×
  Wright was convicted of statutory rape of a 10-year-old child under Florida law. The appellate court reversed because the prosecution failed to prove the element of the victim's previous chaste character, which is an essential element of the statutory rape statute that cannot be
• Ray E. Green as Comptroller of the State of Fla. v. Sesac, Inc.
  177 So. 2d 752· Fla. 1st DCA· 1965-08-10 ·cited 4×
  The Florida Comptroller appealed a summary decree holding that SESAC, a New York corporation licensing performing rights to Florida entities, was not liable for gross receipts tax under Florida law. The court reversed, holding that the tax applies to the privilege of licensing pe
• Willis v. Morgan
  176 So. 2d 73· Fla.· 1965-06-10 ·cited 4×
  Citizen-taxpayers challenged a Florida statute allowing dog track operators a $170 daily deduction from pari-mutuel pools before state excise taxes, arguing it was an unconstitutional and arbitrary tax exemption. The Florida Supreme Court affirmed the statute's constitutionality,
• NEW York Life Ins. Co. v. Carlie C. Kurz and Essie G. Kurz
  174 So. 2d 537· Fla.· 1965-04-28 ·cited 4×
  New York Life Insurance Company sought to dismiss a cross-petition for writ of certiorari filed by Essie G. Kurz in a Supreme Court review of a District Court of Appeal decision. The court held that cross-petitions are permissible in certiorari proceedings and that Kurz's cross-p
• The Miller Co., Inc. v. Fla. Real Est. Comm'n & Ronald L. Myers
  156 So. 2d 667· Fla. 3d DCA· 1963-10-01 ·cited 4×
  The court held that the challenged provisions of the Florida Real Estate License Law are constitutional and not unconstitutionally vague or an arbitrary exercise of police power.
• United States v. King
  322 F.2d 317· 3d Cir.· 1963-09-13 ·cited 4×
  A distributing agent in a Chapter XI bankruptcy proceeding who pays other creditors before satisfying a priority debt owed to the United States is personally liable under 31 U.S.C. § 192.
• In re Schlageter
  319 F.2d 821· 3d Cir.· 1963-07-05 ·cited 4×
  A prior discharge in bankruptcy within six years bars confirmation of a Chapter XIII wage earner plan, as such a plan contemplates a discharge.
• McKINNES v. State
  115 So. 2d 184· Fla. 1st DCA· 1959-10-27 ·cited 4×
  The court held that the sentence imposed was invalid because the conditions for alternative sentencing under Fla. Stat. § 811.17 were not met, requiring resentencing under Fla. Stat. § 811.16.
• Hudson Motor CAR Co. v. Hertz
  121 F.2d 326· 6th Cir.· 1941-06-25 ·cited 4×·via Statutes In Pari Materia
  The court held that the statute of limitations for actions under the Virginia Death Statute begins to run from the accrual of the cause of action against the personal representative of the decedent wrongdoer, not from the appointment of the representative.
• Anne McQueen v. Baskin
  377 So. 3d 170· Fla. 2d DCA· 2023-11-17 ·cited 3×·via In Pari Materia Doctrine
  The appellate court reversed a lower court's dismissal of a defamation lawsuit. The lower court had found the statements made by the defendant on her vlog and website to be non-defamatory opinions and protected speech under Florida's Anti-SLAPP statute. The appellate court disagr
• Dozier v. Duval Cnty. Sch. Bd.
  312 So. 3d 187· Fla. 1st DCA· 2021-02-18 ·cited 3×
  This case concerns whether "school guardians," employees trained to provide security, are permitted to carry firearms on school campuses under Florida law. The court held that the relevant statutes, when read together, authorize school guardians to carry firearms on school ground
• State v. Peraza
  226 So. 3d 937· Fla. 4th DCA· 2017-08-30 ·cited 3×·via In Pari Materia Doctrine
  A Florida appellate court held that law enforcement officers are entitled to seek immunity under Florida's Stand Your Ground law (sections 776.012 and 776.032) when using deadly force, rejecting the argument that officers are limited to a qualified immunity defense under section
• VAN Looven v. VAN Looven
  100 So. 3d 148· Fla. 1st DCA· 2012-10-12 ·cited 3×
  A party seeking to modify child support must allege a substantial, material, involuntary, and permanent change in circumstances, and the Overbey decision does not alter this requirement.
• London v. London
  32 So. 3d 107· Fla. 2d DCA· 2009-10-16 ·cited 3×
  Richard London appealed the dismissal of his petition to modify a foreign child custody determination made by a French court. The Florida trial court dismissed for lack of jurisdiction, but the appellate court reversed, holding that Florida had jurisdiction under the UCCJEA and t
• Riehle v. State
  684 So. 2d 823· Fla. 2d DCA· 1996-04-26 ·cited 3×
  Riehle sought certiorari review of a circuit court order denying his petition challenging a license suspension based on an arrest for driving under the influence. The court held that section 901.18, Florida Statutes, cannot justify the arrest because the auxiliary trooper who ini
• Walters v. Aquatic Sensors Corp.
  633 So. 2d 475· Fla. 1st DCA· 1994-02-16 ·cited 3×
  Appellants challenged a trial court's summary denial of their petition to stay enforcement of a foreign judgment without a hearing. The Florida First District Court of Appeal reversed, holding that the trial court erred by failing to consider equitable defenses available under Fl
• Elizabeth N. v. Riverside Grp., Inc.
  585 So. 2d 376· Fla. 1st DCA· 1991-08-15 ·cited 3×
  Elizabeth N. appealed a judgment on the pleadings dismissing her breach of implied warranty of habitability claim as time-barred. The court held that the four-year catch-all statute of limitations under section 95.11(3)(p), not the five-year contract statute under section 95.11(2
• DeROSA v. Shands Teaching Hosp. & Clinics, Inc.
  549 So. 2d 1039· Fla. 1st DCA· 1989-08-10 ·cited 3×
  A state agency that prevails as a defendant in a medical malpractice action may recover attorney's fees under section 768.56(1), Florida Statutes, even when the claim results in a judgment producing no recovery, and the 25% cap in section 768.28(8) does not preclude such an award
• Yakoub Rattib Azzouka v. Sava
  777 F.2d 68· 2d Cir.· 1985-11-12 ·cited 3×
  The court reversed the district court's decision, finding that the District Director improperly relied on a Regional Commissioner's finding under summary exclusion procedures to deny asylum.
• Davies v. Bossert
  449 So. 2d 418· Fla. 3d DCA· 1984-05-08 ·cited 3×
  The court held that the statutory notice requirement for libel and slander actions does not apply to private citizens making defamatory statements over a citizen's band radio, as the statute is intended for media defendants.
• Sikes v. Boone
  562 F. Supp. 74· N.D. Fla.· 1983-01-14 ·cited 3×
  The court held that deputy sheriffs, as appointees rather than employees under Florida law, do not possess a constitutional right to collective bargaining and their exclusion from the Public Employees Relations Act does not violate the First Amendment or the Equal Protection Clau
• State v. Howard
  411 So. 2d 372· Fla. 4th DCA· 1982-03-31 ·cited 3×
  The State appealed a suppression order in a case where wildlife officers stopped vehicles and found over 100 pounds of cannabis. The court held that wildlife officers have authority to arrest for any state law violation committed in their presence and to conduct warrantless searc
• Hurd v. Munford
  378 So. 2d 86· Fla. 1st DCA· 1979-12-28 ·cited 3×
• State v. Mayo
  160 Fla. 367· Fla.· 1948-03-23 ·cited 3×
  The Court's new constitutional formula subjects state regulations of local business activities to greater constitutional hazards than before, potentially leaving local activities free from any regulatory control.
• State v. Noel
  114 Fla. 188· Fla.· 1934-04-12 ·cited 3×
  In this quo warranto proceeding, the Florida Supreme Court addressed whether a city manager could remove a police chief under the city charter or whether civil service protections applied. The court held that Chapter 15515 (the Civil Service Act) controlled the removal of the pol
• Lett v. Lett
  408 So. 3d 167· Fla. 5th DCA· 2025-04-04 ·cited 2×
  A trial court may award attorney's fees under Florida Statute § 61.13(4)(c)2 for a parent's unjustified interference with timesharing without applying the need-and-ability-to-pay analysis of § 61.16(1). However, a trial court violates due process by imposing a remedy, such as a p
• 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. Dominique Wright
  260 So. 3d 1076· Fla. 4th DCA· 2018-12-05 ·cited 2×
  The State of Florida appeals a trial court's decision to decline imposing a mandatory minimum sentence on a juvenile offender under section 775.087, Florida Statutes, based on the court's belief that doing so would violate constitutional requirements for individualized sentencing
• S.J. v. Thomas
  233 So. 3d 490· Fla. 1st DCA· 2017-12-19 ·cited 2×
  A high school student challenged a trial court order dismissing his mandamus complaint seeking to require the Escambia County School Board to issue a final administrative order regarding his disciplinary reassignment from his regular school. The First District Court of Appeal rev
• Morrison v. Homewise Preferred Ins. Co. & Fla. Ins. Guar. Ass'n
  209 So. 3d 682· Fla. 5th DCA· 2017-02-10 ·cited 2×
  This case addresses whether an insured who filed a first-party breach of insurance policy action against an insurer before its insolvency must comply with statutes of limitation when seeking to substitute the Florida Insurance Guaranty Association (FIGA) as defendant after insolv
• Bondi v. Brito
  159 So. 3d 369· Fla. 2d DCA· 2015-03-13 ·cited 2×
  The Florida Attorney General and Chief Financial Officer petitioned for writs of prohibition to prevent a circuit court from requiring them to appear at show cause hearings and from ordering the release of unclaimed funds held in the State School Fund. The court held that once fu
• Heilman v. State
  135 So. 3d 513· Fla. 5th DCA· 2014-03-28 ·cited 2×·via In Pari Materia Doctrine
  A correctional officer charged with aggravated battery sought to invoke Florida's "stand your ground" defense under section 776.032 but was denied by the trial court, which held that section 944.35(1)(a)—the statute governing authorized use of force by correctional officers—precl
• State v. Joseph
  94 So. 3d 672· Fla. 1st DCA· 2012-08-10 ·cited 2×·via In Pari Materia Construction
  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×·via In Pari Materia Construction
  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
• Miami-Dade Cnty. v. Davis
  26 So. 3d 13· Fla. 1st DCA· 2009-11-24 ·cited 2×
  Miami-Dade County appeals a workers' compensation award to firefighter William Davis for heart disease, arguing the statutory presumption of occupational causation does not apply because Davis had preexisting heart disease diagnosed at his preemployment physical with Miami-Dade C
• Citizens FOR Term Limits & Accountability, Inc. v. Lyons
  995 So. 2d 1051· Fla. 1st DCA· 2008-11-14 ·cited 2×
  This appeal concerns three proposed amendments to Clay County's home rule charter that were challenged as misleading or unconstitutional. The court affirmed the rejection of a supermajority voting requirement and the adequacy of ballot language for a salary reduction proposal, bu
• Garrett v. State
  978 So. 2d 214· Fla. 5th DCA· 2008-03-28 ·cited 2×
  Kathleen Garrett, a special education teacher, was convicted of child abuse after placing her body weight on an autistic child until the child turned blue from asphyxiation. The appellate court affirmed her conviction, rejecting challenges to the sufficiency of evidence and the a
• McCALISTER v. Sch. Bd. OF BAY Cnty. & Larry Bolinger
  971 So. 2d 1020· Fla. 1st DCA· 2008-01-10 ·cited 2×
  The Florida First District Court of Appeal reversed a School Board's rejection of a Superintendent's recommendation to transfer a high school principal, holding that a school board lacks statutory authority to reject a transfer recommendation based on the impact on the school bei
• Brewer v. Laborfinders OF Tampa
  944 So. 2d 1102· Fla. 1st DCA· 2006-11-22 ·cited 2×
  An unambiguous general release that explicitly covers workers' compensation claims bars all such claims matured prior to execution, and satisfaction of statutory representation requirements depends on whether the claimant retained counsel at the time of execution, not whether cou
• State v. Coleman
  937 So. 2d 1226· Fla. 1st DCA· 2006-09-25 ·cited 2×
  The First District Court of Appeal reversed the trial court's dismissal of child abuse charges against Eric Coleman, holding that Florida's child abuse statute can constitutionally apply to certain categories of unprotected speech if narrowly construed, and certified conflict wit
• S.A.S. v. State
  884 So. 2d 1167· Fla. 2d DCA· 2004-10-29 ·cited 2×
  A police officer lacks probable cause to stop a vehicle for failing to signal a turn if no other vehicle is actually affected by the turn.