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

• de Saad v. Banco Indus. de Venezuela
  843 So. 2d 953· Fla. 3d DCA· 2003-04-09 ·cited 2×
  Esperanza de Saad, a former employee of a foreign bank operating in Florida, sought indemnification under Florida's statutory indemnification statute for expenses incurred defending against criminal charges. The court reversed the trial court's dismissal, holding that a foreign c
• Gibbs Constr. Co. & Fid. & Deposit Co. of Md. v. S. L. Page Corp.
  755 So. 2d 787· Fla. 2d DCA· 2000-04-14 ·cited 2×
  The School Board of Charlotte County and Gibbs Construction Company appealed conflicting attorney's fee awards from a construction dispute involving an HVAC system installation. The court reversed the award to Page Corporation and affirmed the award to Gibbs and Fidelity, holding
• H & F Land, Inc. v. Panama City-Bay Cnty. Airport & Indus. Dist.
  706 So. 2d 327· Fla. 1st DCA· 1998-01-12 ·cited 2×
  H & F Land, Inc. appealed a summary judgment dismissing its claim for an easement of necessity on a land-locked estate under the Marketable Record Title Act (MRTA). The court affirmed, holding that MRTA extinguishes claims for easements of necessity that are not asserted within 3
• Leon Cnty. Educ. Facilities Auth. & SRH, Inc. v. Hartsfield
  669 So. 2d 1105· Fla. 1st DCA· 1996-03-19 ·cited 2×
  The First District Court of Appeal affirmed a property appraiser's denial of ad valorem tax exemption for a dormitory and dining facility, holding that tax exemption requires both legal ownership and use by an exempt entity, rejecting the argument that equitable ownership suffice
• Swann v. Seton
  629 So. 2d 935· Fla. 5th DCA· 1993-12-10 ·cited 2×
  Eula Swann appealed a judgment awarding neighboring property to William and G. Jewel Seton through adverse possession. The court reversed, holding that adverse possession by color of title under Florida Statute 95.16 requires the disputed property to be actually described in the
• Blanchette v. State
  620 So. 2d 258· Fla. 1st DCA· 1993-06-28 ·cited 2×
  Blanchette appealed a probation sentence that included an illegal Bay County Work Program fee, arguing the fee lacked statutory authorization. The court held that sentencing errors may be raised on appeal even without preservation, and struck the work program fee as unauthorized
• Amendola v. Sec'y, Dep't of Health & Human Servs.
  989 F.2d 1180· Fed. Cir.· 1993-03-24 ·cited 2×
  A prior civil malpractice suit that went to judgment precludes a petition for compensation under the National Childhood Vaccine Injury Act of 1986, even if the suit was for negligence and the judgment occurred after the Act's effective date.
• United States v. D.W. Snyder
  946 F.2d 1125· 5th Cir.· 1991-10-28 ·cited 2×
  The Supreme Court, courts of appeals, and district courts have concurrent jurisdiction to grant bail to a criminal defendant whose petition for a writ of certiorari is pending.
• Matthews v. Commissioner OF Internal Revenue
  907 F.2d 1173· D.C. Cir.· 1990-07-03 ·cited 2×
  Income received by common law employees of nonappropriated fund instrumentalities (NAFIs) from those instrumentalities is not excludable foreign earned income under I.R.C. § 911(a) because they are considered employees of the United States or its agencies.
• N.A.A.C.P. v. Detroit Police Officers Ass'n (Dpoa)
  900 F.2d 903· 6th Cir.· 1990-04-09 ·cited 2×
  The court held that while the district court erred in dismissing the case as moot, the plaintiffs' claims were ultimately barred by Title VII's Section 703(h) protection for bona fide seniority systems, even when brought under §§ 1981 and 1983.
• State v. Johnny's Coral Maint. Corp.
  552 So. 2d 1130· Fla. 3d DCA· 1989-10-10 ·cited 2×
  The Florida Department of Natural Resources appealed the denial of its petition to forfeit a motor vessel that was registered with false information. The appellate court reversed, holding that forfeiture is mandated under Florida law when a vessel is intentionally registered with
• Cas. Indem. Exch. v. Small Fry, Inc.
  452 F.2d 741· S.D. Fla.· 1989-03-29 ·cited 2×·via In Pari Materia Construction
  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.
• C.F. Indus., Inc. v. Nichols
  536 So. 2d 234· Fla.· 1988-12-22 ·cited 2×
  C.F. Industries challenges a Florida Public Service Commission order establishing mandatory cost-based rates for standby electric services provided to self-generating industrial customers (qualifying facilities). The Florida Supreme Court affirms the PSC order, holding that diffe
• Atwell v. Sacred Heart Hosp. OF Pensacola & Sister Mary Carroll
  504 So. 2d 1367· Fla. 1st DCA· 1987-04-06 ·cited 2×
  George Atwell sought access to his complete birth records from Sacred Heart Hospital, but the trial court ordered the hospital to withhold identifying information about his natural parents. The First District Court of Appeal affirmed, holding that a hospital may edit patient reco
• In the Interest of D.W.K.
  492 So. 2d 1360· Fla. 1st DCA· 1986-08-12 ·cited 2×
  When a dependent child is placed in temporary legal custody of an adult relative under § 39.41(1)(b), Fla. Stat., and not in foster care or the custody of HRS, the failure to provide a performance agreement under § 409.168 is not reversible error.
• In re Interstate Rest. Sys., Inc.
  61 B.R. 945· S.D. Fla.· 1986-06-17 ·cited 2×
  The court held that bankruptcy courts should prioritize substance over form and equitable principles when assessing compensation, and that 'professional' services are not solely defined by educational degrees or the absence of ministerial tasks.
• Medley Invs., Ltd. v. Lewis
  465 So. 2d 1305· Fla. 1st DCA· 1985-03-14 ·cited 2×
  The court held that a class action administrative hearing is not permissible absent clear statutory authority.
• Lackey v. Little England, Inc.
  461 So. 2d 281· Fla. 5th DCA· 1985-01-03 ·cited 2×
  The court addresses whether property zoned for non-agricultural use can retain an agricultural tax classification if it is actually being used for agricultural purposes. The Florida Supreme Court's decision in Markham v. Fogg allows landowners to rebut the mandatory reclassificat
• Williams v. State
  460 So. 2d 478· Fla. 5th DCA· 1984-12-06 ·cited 2×
  Williams appealed his sentencing under Florida's Sentencing Guidelines, arguing that two municipal ordinance convictions (disorderly conduct and resisting arrest) should not have been scored as misdemeanors in calculating his sentencing points. The court affirmed, holding that mu
• Flack v. Graham
  453 So. 2d 819· Fla.· 1984-07-26 ·cited 2×
  Evelyn Flack sought a writ of mandamus to recover back salary after winning an election contest for county judge approximately 46 months after the original election. The Florida Supreme Court held that a de jure officer is entitled to full back pay without offset for other income
• Cockin v. State
  453 So. 2d 189· Fla. 3d DCA· 1984-07-24 ·cited 2×
  Two defendants appealed orders withholding adjudication of guilt for carrying concealed firearms after entering nolo contendere pleas. The court affirmed as to Cockin but reversed as to Black, holding that Black's residence in the motel room made it the functional equivalent of h
• Special Disability Tr. Fund v. Trail Tire Ctr. & Kemper Ins. Grp.
  453 So. 2d 462· Fla. 1st DCA· 1984-07-13 ·cited 2×
  The Special Disability Trust Fund appealed orders in consolidated workers' compensation cases regarding its status in a settlement/washout proceeding and the reasonableness of a settlement. The court affirmed that the settlement was reasonable but reversed the deputy's findings o
• Howard v. State of Fla. Comm'n ON Ethics
  421 So. 2d 37· Fla. 3d DCA· 1982-10-26 ·cited 2×
  The court reviewed an advisory opinion from the Florida Commission on Ethics concerning whether a school board attorney, who is a partner in a law firm contracting with the school board, has a prohibited conflict of interest.
• Yosemite Park & Curry Co. v. The United States
  686 F.2d 925· Ct. Cl.· 1982-08-11 ·cited 2×
  The court held that the National Park Service's (NPS) comparative-rate system for charging concessioners for electricity was reasonable and permissible under the contract and relevant statutes and regulations.
• Am. Tel. & Tel. Co. v. The United States
  685 F.2d 1361· Ct. Cl.· 1982-08-11 ·cited 2×·via In Pari Materia Construction
  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.
• Am. Trucking Ass'n, Inc. v. Interstate Commerce Comm'n & United States
  672 F.2d 850· 11th Cir.· 1982-04-05 ·cited 2×
  The court held that the 1980 amendments to the Motor Carrier Act exempt compensated intercorporate hauling (CIH) by transportation-only subsidiaries, but not by non-incorporated entities.
• In re Robison
  665 F.2d 166· 7th Cir.· 1981-11-30 ·cited 2×
  Failure to comply with Illinois Motor Vehicle Code provisions for assigning and delivering a certificate of title does not render a purported transfer of a vehicle invalid as to a trustee in bankruptcy.
• Laubie v. Sonesta Int'l Hotel Corp.
  650 F.2d 680· 5th Cir.· 1981-07-13 ·cited 2×
  The dissenting opinion argues that the statutory scheme limits an innkeeper's liability for items not deposited in the safe to $100, and this limitation extends to the innkeeper's agents and employees.
• Townley v. Marion Cnty.
  343 So. 2d 1312· Fla. 1st DCA· 1977-03-24 ·cited 2×
  A county not operating under a charter cannot enact zoning regulations inconsistent with general state law, specifically Part II, Chapter 163, Florida Statutes, which provides a framework for zoning.
• Ramirez v. City Demonstration Agency
  549 F.2d 97· 9th Cir.· 1976-10-01 ·cited 2×
  The court held that the Housing and Urban Development Act's preference provisions apply to Model Cities contracts and that the trial court erred in granting summary judgment for the defendants.
• Crown Cent. Petroleum Corp. & United Ref. Co. v. Fed. Energy Admin. & Frank G. Zarb
  542 F.2d 69· Temp. Emer. Ct. App.· 1976-09-03 ·cited 2×
  The court held that the Energy Policy and Conservation Act of 1975, specifically Section 403(a), did not require the FEA to prevent the subtraction of entitlements for small refiner purchasers when calculating the Adjusted National Old Oil Supply Ratio, thus not guaranteeing the
• Stephens v. Bd. OF Cnty. Comm'rs OF Okaloosa Cnty.
  278 So. 2d 269· Fla.· 1973-05-09 ·cited 2×
  The court held that the special law authorizing Okaloosa County to regulate garbage collection and the county resolution were constitutional, except for a specific penalty provision in the resolution which was unconstitutional.
• Branam v. State
  265 So. 2d 555· Fla. 2d DCA· 1972-08-04 ·cited 2×
  Steven Branam was convicted of armed robbery after taking $72 from a store employee at gunpoint and sentenced to 75 years. On appeal, he challenged the admission of photographic identification evidence and the trial court's failure to charge the jury on the lesser included offens
• Cooper v. State
  257 So. 2d 614· Fla. 1st DCA· 1972-02-08 ·cited 2×
  Edward Cooper, a 15-year-old charged with first-degree murder, appealed his conviction on the ground that a pre-Miranda statement taken at the Sheriff's office before he was brought before a Juvenile Judge should have been excluded. The court affirmed his conviction, holding that
• Nixon v. United States Fid. & Guar. Co.
  255 So. 2d 277· Fla. 4th DCA· 1971-11-19 ·cited 2×·via In Pari Materia Construction
  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
• Stephan v. State
  251 So. 2d 30· Fla. 4th DCA· 1971-07-19 ·cited 2×
  The court held that the defendant's absence from a brief proceeding where the jury inquired about testimony, which was waived by counsel, did not constitute fundamental error and was harmless.
• Jana Sales Co., Inc. v. The United States
  402 F.2d 1014· C.C.P.A.· 1968-11-21 ·cited 2×
  The court held that the imported merchandise, used for carpet bags, is not classifiable as 'carpets' or 'rugs' under paragraph 1117(a) because those terms are limited to floor coverings.
• Okaloosa Cnty. Water & Sewer Dist. v. Hilburn
  160 So. 2d 43· Fla.· 1964-01-22 ·cited 2×
  The Florida Supreme Court reviewed a chancellor's decree invalidating a 1959 statute that allocated race track funds to the Okaloosa County Water and Sewer District. The Court reversed, holding that the statute was constitutional and that using county funds for water and sewer co
• Pilgrim v. Melvin
  141 So. 2d 296· Fla. 1st DCA· 1962-05-17 ·cited 2×
  The court held that the appeal was timely filed because the final decree was not considered 'rendered' until the motion for rehearing was denied.
• Morgan v. Oosterhoudt
  96 So. 2d 139· Fla.· 1957-05-31 ·cited 2×
  The Florida Supreme Court held that a Florida-licensed certified public accountant cannot act as a resident partner of a non-resident accounting firm whose members are not licensed in Florida, nor can such a firm be held out to the public as qualified to practice public accountin
• Canadian Aviator v. United States
  142 F.2d 709· 3d Cir.· 1944-05-02 ·cited 2×
  The court held that the Public Vessels Act should be construed broadly to allow recovery for damages caused by a public vessel, even without direct physical contact, aligning with the liability of private shipowners.
• Colgate-Palmolive-Peet Co. v. United States
  130 F.2d 913· 3d Cir.· 1942-03-31 ·cited 2×
  The court's interpretation of 'first domestic processing' to include a reference to the effective date of the act is unsupported by the language and legislative intent.
• Melvin Lloyd Co. v. Stonite Prods. Co.
  119 F.2d 883· 3d Cir.· 1941-05-13 ·cited 2×
  Venue provisions for suits in divided districts (Judicial Code § 52) apply to patent infringement cases, allowing suit in any district within the state where a defendant resides, even if acts of infringement occurred elsewhere.
• Henriette LaFrance v. Guardian Advocacy of Jayden Emile
  401 So. 3d 379· Fla. 4th DCA· 2025-01-22 ·cited 1×·via In Pari Materia Doctrine
  A person with a prior felony conviction is statutorily disqualified from appointment as a guardian advocate because Florida Statute § 393.12(10) requires that a guardian advocate be qualified to act as a guardian, and § 744.309(3) disqualifies any person convicted of a felony fro
• KMG Props., LLC v. Owl Constr., LLC
  393 So. 3d 240· Fla. 2d DCA· 2024-04-24 ·cited 1×
  A return of service is regular on its face when it recites the date, time, manner, and name of the person served as required by § 48.21, even if it does not use the label 'substitute service.' Service on a representative of a registered agent who is authorized to accept process s
• KUN Xiang, M.D. v. Ocala Heart Clinic II, LLC
  379 So. 3d 561· Fla. 5th DCA· 2024-02-02 ·cited 1×
  The appellate court affirmed a trial court's judgment in a contract dispute between a doctor and his medical clinic. The court held that the clinic was the prevailing party for attorney's fees despite not recovering damages for the doctor's breach of contract, and that the doctor
• State of Fla. Agency for Health Care Admin. & Molina Healthcare of Fla., Inc. v. Best Care Assurance, LLC
  302 So. 3d 1012· Fla. 1st DCA· 2020-08-17 ·cited 1×
  The appellate court reversed a circuit court's judgment in favor of Best Care Assurance, LLC, finding that Best Care failed to exhaust administrative remedies before suing. The court also affirmed an agency's order dismissing Best Care's protest, holding that Best Care lacked sta
• Currie v. State
  295 So. 3d 339· Fla. 1st DCA· 2020-04-23 ·cited 1×
  The appellate court denied a petition for writ of certiorari, upholding a lower court's decision to deny a writ of mandamus. The petitioner challenged the extension of his presumptive parole release date (PPRD) by the Florida Commission on Offender Review.
• Simon's Trucking, Inc. v. Lieupo
  244 So. 3d 370· Fla. 1st DCA· 2018-04-18 ·cited 1×
  Section 376.313(3) does not permit recovery for personal injuries because the Florida Supreme Court in Curd v. Mosaic Fertilizer applied the 1970 Act's definition of damages to the 1983 Act, which expressly excludes human beings from the definition of damages.
• Casserly v. The City OF Delray Beach
  228 So. 3d 135· Fla. 4th DCA· 2017-09-27 ·cited 1×
  John Casserly appealed a dismissal of his negligence complaint against the City of Delray Beach arising from injuries sustained while inline skating over a pothole. The Fourth District Court of Appeal affirmed the dismissal, holding that Florida Statute § 316.0085 precludes gover