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

• Recovery Racing, LLC v. State of Fla. Dep't OF Hwy. Safety & Motor Vehicles
  192 So. 3d 665· Fla. 4th DCA· 2016-06-01 ·cited 1×
  Recovery Racing, a Maserati dealership, appealed an administrative order denying it standing to protest a competitor's application to open a new Maserati dealership. The court affirmed, holding that Recovery Racing failed to meet the statutory 25% Test for standing because the te
• Alachua Cnty. v. Expedia, Inc.
  175 So. 3d 730· Fla.· 2015-06-11 ·cited 1×
  The Florida Supreme Court resolved whether the Tourist Development Tax (TDT) applies to the total amounts online travel companies (OTCs) charge customers for hotel reservations, or only to the amounts hotels actually receive. The Court held that the TDT applies solely to the tran
• Hoesch v. Broward Cnty.
  53 So. 3d 1177· Fla. 4th DCA· 2011-02-09 ·cited 1×
  Brian Hoesch challenged Broward County ordinances that classified his dog Mercedes as dangerous and ordered her destruction after she killed a neighbor's cat. The court held that the county ordinances conflicted with Florida's state law definition of dangerous dogs, which require
• State v. Waldron
  835 So. 2d 1217· Fla. 5th DCA· 2003-01-24 ·cited 1×
  The State appealed a sentence imposed for aggravated battery with a firearm, arguing the trial court failed to apply the mandatory 25-year minimum sentence required by Florida's 10/20/Life statute. The appellate court reversed, holding that when a jury finds a defendant discharge
• Hale v. Dep't of Revenue
  808 So. 2d 237· Fla. 1st DCA· 2002-01-18 ·cited 1×
  Sam and Emily Hale challenged the Department of Revenue's determination that their month-to-month apartment rentals were subject to sales tax. The trial court held they were not exempt under Florida's sales tax statute because they did not use leases exceeding six months. The app
• Dearing v. Gen. Motors Acceptance Corp.
  758 So. 2d 1236· Fla. 5th DCA· 2000-05-26 ·cited 1×·via In Pari Materia Construction
  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
• Carlton J. Robinson v. State
  673 So. 2d 114· Fla. 4th DCA· 1996-05-08 ·cited 1×
  Carlton Robinson appeals his convictions for interfering with a firefighter and resisting arrest without violence after he refused to move his vehicle from a no-parking zone, blocking emergency medical services responding to a medical emergency at a festival. The appellate court
• Nat'l Ass'n of Credit Mgmt. of S. Fla. Unit v. Century MacHine Tools
  43 B.R. 122· S.D. Fla.· 1984-09-25 ·cited 1×
  The court held that the Bankruptcy Court erred in denying the fee application of the Creditors' Committee Secretary, as the relevant Bankruptcy Code sections should be read in pari materia to allow for compensation.
• Farm Stores, Inc. v. Texaco, Inc.
  577 F. Supp. 682· S.D. Fla.· 1983-12-29 ·cited 1×
  The court held that the Petroleum Marketing Practices Act (PMPA) protects Farm Stores because it possesses sufficient indicia of entrepreneurial responsibility and risk, despite the contractual arrangement with Texaco.
• Palmer v. State
  438 So. 2d 1· Fla.· 1983-09-01 ·cited 1×
  The Florida Supreme Court held that mandatory three-year minimum sentences under Florida Statute § 775.087(2) cannot be stacked cumulatively when imposed on multiple counts arising from a single criminal episode. The court quashed that portion of the appellate decision allowing c
• Johnson v. Sch. Bd. OF Palm Beach Cnty.
  403 So. 2d 520· Fla. 1st DCA· 1981-09-02 ·cited 1×
  A tenured classroom teacher challenges his suspension without pay and termination by the School Board of Palm Beach County. The court held that while the superintendent may suspend in emergencies, only the school board has authority to suspend without pay, and such suspension can
• Keith v. Hosea Capers
  362 So. 2d 130· Fla. 3d DCA· 1978-08-22 ·cited 1×
  The court held that out-of-state bond forfeitures, which constitute convictions under the laws of that state, can be considered convictions for the purpose of Florida's habitual traffic offender statute.
• Lundquist v. Gulfshore Television Corp.
  328 So. 2d 202· Fla. 2d DCA· 1976-03-03 ·cited 1×
  The court held that the stock was validly issued, and the shareholder was the true owner, as the corporation was estopped from challenging the validity of the stock and note.
• Petition of Peoples GAS Sys., Inc.
  38 Fla. Supp. 1· Fla. P.S.C.· 1972-12-11 ·cited 1×
  Peoples Gas System, Inc. petitioned the Florida Public Service Commission for emergency interim rate relief, seeking a $1.86 million annual revenue increase and a fair rate of return between 8.94% and 9.10%. The Commission denied the motion for emergency interim rate increase, fi
• Homes v. Founders Inv. Corp.
  238 So. 2d 116· Fla. 1st DCA· 1970-07-28 ·cited 1×
  Taylor Mobile Homes challenges Founders Investment Corporation's security interest in four new mobile homes that Taylor placed with a mobile home dealer for display and sale. The court certified a question regarding whether Taylor must comply with Uniform Commercial Code notice r
• Pensacola Yacht Club v. State Bev. Dep't
  30 Fla. Supp. 178· Escambia Cty. Cir. Ct.· 1968-07-17 ·cited 1×
  The Pensacola Yacht Club challenged the Florida State Beverage Department's directive prohibiting social clubs from serving alcoholic beverages on Sundays. The court held that a licensed social club's service and distribution of beverages to its members and non-resident guests do
• Jack Drury & Assocs., Inc. v. City OF Fort Lauderdale
  203 So. 2d 361· Fla. 4th DCA· 1967-10-24 ·cited 1×
  The court held that genuine issues of material fact existed regarding whether the plaintiff's duties under the public relations agreement overlapped with those of the city's publicity-advertising director, precluding summary judgment.
• Gay Poling v. City Bank & Tr. Co. OF ST. Petersburg
  189 So. 2d 176· Fla. 2d DCA· 1966-07-20 ·cited 1×
  This appeal addresses the reasonableness of guardian and attorney fees allowed by a county judge in an incompetency proceeding. The District Court of Appeal reversed the lower court's fee awards, finding them excessive, and exercised its statutory authority to set its own reasona
• Sesac, Inc. v. Green
  189 So. 2d 612· Fla.· 1966-06-29 ·cited 1×
  The court held that the act of licensing performing rights occurred in New York, not Florida, and therefore was not subject to Florida's tax under F.S. Sec. 543.28.
• Rader & Assocs. v. Seward Dredging Co., Inc.
  185 So. 2d 782· Fla. 2d DCA· 1966-04-29 ·cited 1×
  Rader & Associates appeals a trial court order holding that a surety bond with a single insurance company surety (rather than two individual sureties) validly released a statutory lien under Florida law. The appellate court affirms, holding that Florida's insurance code provision
• In re Frizzell's Will
  20 Fla. Supp. 41· Charlotte Cty. J. Ct.· 1962-07-25 ·cited 1×
  In a probate dispute, the court determined that Patti Lee Frizzell, a minor adopted after the decedent's will was executed, qualifies as a pretermitted child under Florida law and is entitled to inherit as an heir. The decision resolved the conflict between the adoption statute a
• Gantner v. State
  121 So. 2d 668· Fla. 2d DCA· 1960-06-15 ·cited 1×
  Gantner was convicted of receiving stolen property valued at less than $100. The trial court sentenced him to one year in county jail, but the appellate court affirmed the conviction but remanded to impose the proper sentence of imprisonment in state prison under Florida statute
• Mineo v. Minh Binh Do and Mindy Hang Nguyen
  Fla. 4th DCA· 2026-05-06
  Although section 720.305 authorizes HOA members to bring individual actions against other members, it does not eliminate the requirement to comply with section 617.07401's pre-suit requirements when the claim is derivative in nature. When an alleged injury is suffered by all HOA
• Pryor v. State
  Fla.· 2025-09-18
  An escape from a juvenile detention facility under section 39.061 constitutes a qualifying predicate offense for violent career criminal status under section 775.084(1)(d) because the statute expressly provides that juvenile escape constitutes escape within the meaning of section
• Gartman v. S. Tactical Range, LLC
  Fla. 1st DCA· 2025-07-23
  Section 823.16, Florida Statutes, as applied to the Gartmans, violates their right of access to the courts under article I, section 21 of the Florida Constitution. The statute fails the Kluger test because it eliminates the Gartmans' ability to bring a noise-based nuisance claim
• Rogers v. Gregor
  Fla. 1st DCA· 2024-12-23
  Section 196.193(5)'s notice requirements apply to denials of homestead property tax exemptions, and the Property Appraiser's failure to include specific facts in the denial notice and to meet the July 1 deadline rendered the exemption denial invalid.
• Boca View Condo. Ass'n, Inc. v. Lepselter
  Fla. 4th DCA· 2024-07-31
  A party's challenge to prevailing party status must be raised on appeal from the order denying the motion for rehearing that addressed the fee entitlement claim, or it is waived; therefore, the trial court lacked jurisdiction to consider a successive motion on that issue. Paraleg
• Douberley v. Peerenboom
  Fla. 4th DCA· 2023-12-13
  A trial court must perform a gatekeeping function when ruling on a motion to amend to add punitive damages by determining whether the movant has made a reasonable showing by evidence that would provide a reasonable basis for punitive damages, which requires assessing whether a re
• State v. Waiters
  Fla. 2d DCA· 2022-09-23 ·via In Pari Materia Doctrine
  Section 893.21(2) requires proximate causation, not "but for" causation, to establish immunity from prosecution for drug-related offenses. An outstanding arrest warrant constitutes an intervening, superseding cause that severs the causal connection between seeking medical assista
• Refaie v. Bayview Loan Servicing
  Fla. 2d DCA· 2021-05-14 ·via In Pari Materia Doctrine
  The court reversed an order granting surplus foreclosure proceeds to BB&T, finding BB&T's claim was untimely. The key issue was when the 60-day period to claim surplus funds begins, which the court determined starts with the filing of the certificate of disbursements.
• Best Care Assurance, LLC v. State of Fla. Agency For Health Care Admin. & Molina Healthcare of Fla., Inc.
  Fla. 1st DCA· 2020-08-17
  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 and lacked standing to challenge a contract award. The court affirmed an agency's final order dismissing Best Care's peti
• State of Fla. Agency for Healthcare Admin. & Molina Healthcare of Fla., Inc. v. Best Care Assurance, LLC
  Fla. 1st DCA· 2020-08-17
  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 and lacked standing to challenge a contract award. The court affirmed the agency's final order dismissing Best Care's pet
• Anne Gannon v. Airbnb, Inc.
  Fla. 4th DCA· 2020-03-25
  Online short-term rental platforms do not exercise a taxable privilege under the TDT statute because they do not own, possess, or have a leasehold interest in the properties listed on their platforms and therefore do not grant possessory or use rights in those properties. The pla
• Tampa BAY Downs v. Dept. of Bus. & Prof'l Reg.
  Fla. 2d DCA· 2020-02-28
  The appellate court reversed an administrative law judge's order that capped attorney's fees at $50,000 for multiple consolidated rule challenge petitions. The court held that the statutory cap applies per petition, not in aggregate, preserving each petitioner's substantive right
• Robinson v. State
  Fla. 2d DCA· 2020-01-22
  The appellate court addressed whether "notice" of license revocation is a required element for a conviction of driving with a revoked license as a habitual traffic offender. The court held that the statute does not require proof of notice, receding from prior case law that had er
• A.L. v. State
  Fla. 3d DCA· 2019-09-18
  This case addresses whether a juvenile's speedy trial rights were violated when his trial was continued. The appellate court affirmed the trial court's decision, finding that the continuance was attributable to the juvenile, thus not violating speedy trial rules.
• Devonte Davis v. State
  218 So. 3d 890· Fla. 4th DCA· 2017-01-04
  The court held that the trial court lawfully sentenced the appellant to a commitment program followed by probation under section 985.565(4)(b), Florida Statutes (2012), as the statutory options are not mutually exclusive and a separate disposition hearing was not required for thi
• OLD Dominion Ins. Co. v. Stellar Concepts & Design, Inc.
  189 So. 3d 293· Fla. 4th DCA· 2016-04-13 ·via In Pari Materia Construction
  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
• Fla. Audubon Soc'y v. Sugar Cane Growers Coop. OF Fla.
  171 So. 3d 790· Fla. 2d DCA· 2015-08-07
  Florida Audubon Society challenged permits issued by the South Florida Water Management District to sugar cane growers, arguing they violated the Everglades Forever Act by failing to impose additional water quality measures and allowing discharges that cause violations of phospho
• Taylor Morrison Servs., Inc. v. Ecos
  163 So. 3d 1286· Fla. 1st DCA· 2015-05-28
  Taylor Morrison Services, Inc. appealed a judgment finding it was an unlicensed contractor for constructing a home with construction defects. The First District Court of Appeal reversed, holding that a contractor's licensure status is determined solely by whether it has a qualify
• Castellanos v. Citizens Prop. Ins. Corp.
  98 So. 3d 1180· Fla. 3d DCA· 2012-08-08
  Former unit owners of a condominium sued their insurance company for hurricane damage proceeds, claiming the new owner assigned them the right to insurance claims. The trial court dismissed the case, finding the condominium documents prohibited such assignment and vacated class c
• Burke v. State
  48 So. 3d 943· Fla. 2d DCA· 2010-12-01
  Tracy Burke was convicted by jury of misdemeanor battery and child abuse for a domestic altercation where he physically restrained and shook his nine-year-old son. The Florida appellate court reversed the child abuse conviction, finding the evidence insufficient to prove physical
• Fla. Farm, LLC v. 360 Developers, LLC
  45 So. 3d 810· Fla. 3d DCA· 2010-07-21
  Florida Farm sought to rescind its purchase of a condominium unit from 360 Developers, claiming it did not receive required disclosures under Chapter 720 of Florida Statutes. The court affirmed dismissal, holding that Chapter 720 disclosure requirements do not apply when disclosu
• State v. D.A.
  939 So. 2d 149· Fla. 5th DCA· 2006-09-22
  The Fifth District Court of Appeal affirmed a trial court's dismissal of a delinquency petition for lewd and lascivious molestation where the State amended the charging document after the speedy trial period expired to correct the defendant's age classification and corresponding
• Rubin Rotstein v. Publix Supermarkets, Inc.
  933 So. 2d 1256· Fla. 1st DCA· 2006-07-24
  This case involves a dissent arguing that the value of a health insurance premium, as a fringe benefit, should be included in the average weekly wage calculation based on its value at the time of injury, not at the time of employment termination.
• Shedrick Staten v. Celso M. Gonzalez-Falla for the Gilman Article III Tr.
  904 So. 2d 498· Fla. 1st DCA· 2005-05-18
  The Florida First District Court of Appeal reversed a trial court's award of a statutory way of necessity across landlocked property, holding that the trial court erred by failing to restrict the easement to the statutory purposes enumerated in Florida Statutes section 704.01(2)—
• Richardson v. Carrasco
  319 B.R. 724· S.D. Fla.· 2005-01-14
  An order remanding a case to state court due to lack of subject matter jurisdiction is not reviewable on appeal, even if the underlying legal conclusion is erroneous.
• Robert Roy Cone, D.O., M.D. v. State
  886 So. 2d 1007· Fla. 1st DCA· 2004-10-28 ·via In Pari Materia Construction
  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
• Sullivan v. Dep't of Health
  885 So. 2d 873· Fla. 3d DCA· 2004-06-16
  The Florida District Court of Appeal affirmed the Board of Chiropractic Medicine's administrative rule prohibiting chiropractors from administering injectable vitamins and nutrients, holding that the statutory prohibition on administering "legend drugs" encompasses injectable sub
• H.T.E., Inc. v. Tyler Techs., Inc.
  217 F. Supp. 2d 1255· M.D. Fla.· 2002-09-19
  The Court held that the 60-day redemption period from Fla. Stat. § 607.0902(10)(a) must be read into subsection (10)(b), and HTE's redemption attempt was too late.