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

• Martinez v. Healthsouth Doctor's Hosp. & Cigna Ins. Cos.
  817 So. 2d 1080· Fla. 1st DCA· 2002-06-10
  The court held that a Judge of Compensation Claims cannot circumvent statutory requirements for an expert medical advisor examination due to the JCC's impending unavailability.
• Griffin v. J.B. Hunt Transp. & Ward N. Am.
  795 So. 2d 155· Fla. 1st DCA· 2001-09-04
  In a workers' compensation case, the court addressed whether an out-of-state physician not licensed in Florida could serve as an independent medical examiner (IME). The court held that a Georgia-licensed physician could properly perform an IME without Florida licensure or Divisio
• Lorie Foster v. E G & G Fla., Inc.
  795 So. 2d 151· Fla. 1st DCA· 2001-09-04
  This workers' compensation case addresses whether an employee waives the right to claim statutory penalties for late compensation payments by not raising the penalty issue at an emergency conference where temporary disability benefits were awarded. The court held that the employe
• McDOWELL v. The Sch. Bd. OF Leon Cnty.
  765 So. 2d 804· Fla. 1st DCA· 2000-08-07
  Betty McDowell appealed a summary judgment dismissing her employment discrimination suit as untimely. The court reversed, holding that because the Florida Commission on Human Relations issued a determination of reasonable cause, McDowell's civil action filed within one year of th
• Platman v. Holmes Reg'l Med. Ctr., Inc.
  683 So. 2d 671· Fla. 5th DCA· 1996-12-06
  The court affirmed a damages cap imposed on a wrongful death claimant who rejected a defendant's offer to submit to binding arbitration under Florida's Medical Malpractice Act. The court held that an offer to arbitrate under section 766.207 does not require an admission of liabil
• Agency FOR Health Care Admin. v. Bd. OF Clinical Lab. Pers.
  673 So. 2d 531· Fla. 1st DCA· 1996-05-02
  The Agency for Health Care Administration (AHCA) lacks statutory authority to appeal the Board of Clinical Laboratory Personnel's licensing decision, and is ordered to issue the license.
• Winn Dixie & Crawford & Co. v. Robinson
  657 So. 2d 64· Fla. 1st DCA· 1995-07-11
  The court held that the Judge of Compensation Claims (JCC) used an incorrect legal standard by failing to determine if wage loss benefits were payable for at least three consecutive months within a two-year period after maximum medical improvement.
• C.W.P. v. State
  633 So. 2d 1192· Fla. 5th DCA· 1994-03-25
  A Florida appellate court granted a habeas corpus petition and ordered the immediate release of a juvenile who was unlawfully detained in secure custody. The court found that the lower court failed to comply with statutory requirements for secure detention of juveniles by not mak
• United Petro/Energy Corp. v. United States
  846 F. Supp. 993· S.D. Fla.· 1994-03-09
  The court held that the Anti-Injunction Act barred the suit because the plaintiff's request for a tax registration certificate was an attempt to restrain the collection of taxes, and the plaintiff failed to meet the criteria for the sole judicial exception to the Act.
• United States v. Curtis
  988 F.2d 946· 9th Cir.· 1993-03-08 ·via Statutes In Pari Materia
  Federal employees acting within the scope of their employment are subject to criminal prosecution under the Clean Water Act.
• J.N. Laliotis Eng'g Constr., Inc. v. Mastor
  600 So. 2d 1271· Fla. 2d DCA· 1992-06-19
  A judgment debtor's interest in a certificated security held by a secured party as collateral can be sold by legal process, subject to the secured party's superior interest, even if the security is pledged.
• Beach v. State
  600 So. 2d 1212· Fla. 1st DCA· 1992-06-09
  When determining whether a prior conviction should be included in a sentencing guidelines scoresheet, the trial court must establish whether the defendant had a right to counsel in the prior proceeding by examining the possible punishments faced, not merely relying on the defenda
• In re Forfeiture OF ONE 1987 Velocity 30' Go-Fast Vessel
  577 So. 2d 678· Fla. 4th DCA· 1991-04-03
  The Sheriff of Broward County appealed the denial of a forfeiture petition for a boat lacking a hull identification number. The court affirmed, holding that forfeiture under Florida's Contraband Forfeiture Act requires proof of wrongdoing, guilty knowledge, or intent by the prope
• Libbey Glass v. The United States
  921 F.2d 1263· Fed. Cir.· 1990-12-18 ·via In Pari Materia Doctrine
  The appellate court affirmed in part and reversed in part a final judgment, holding that the trial court properly asserted long-arm jurisdiction over the husband based on joint ownership of Florida real estate and the wife's claim for child support.
• In the Interest of V.C.F. v. State
  569 So. 2d 1364· Fla. 1st DCA· 1990-11-13
  V.C.F., a minor arrested in Kansas on a Florida warrant, appealed the denial of her motion to dismiss a delinquency petition filed 51 days after her Kansas arrest but only 42 days after her return to Florida. The court held that the 45-day filing requirement under Florida's juven
• Arevalo-Franco v. U.S. Immigr. & Naturalization Serv.
  889 F.2d 589· 5th Cir.· 1989-12-05
  The court held that an alien may file a Freedom of Information Act (FOIA) complaint in the district court of the district where they reside, and the district court has jurisdiction to consider attorney's fees.
• Rotte v. City OF Jacksonville
  543 So. 2d 842· Fla. 1st DCA· 1989-05-16
• Harris Graphics Corp. v. Off. OF THE Comptroller OF THE State of Fla.
  540 So. 2d 877· Fla. 1st DCA· 1989-03-07
  The court held that the State Comptroller lacked jurisdiction to dismiss the tax refund application for failure to join a necessary party, but affirmed the dismissal on the ground of lack of subject matter jurisdiction.
• City OF Ashland v. Cooper
  863 F.2d 691· 9th Cir.· 1988-12-22
  A district court has discretion to waive the removal bond requirement for an indigent litigant proceeding in forma pauperis, despite the statute's mandatory language.
• Amalgamated Transit Union v. Int'l Bhd. OF Firemen & Oilers
  497 So. 2d 665· Fla. 1st DCA· 1986-10-14
  The court held that the Public Employees Relations Commission (PERC) did not err in ordering a representation election and dismissing objections, as the contract bar doctrine was inapplicable when the bargaining unit became inappropriate due to a merger.
• Fischer v. State Farm Mut. Auto. Ins. Co.
  495 So. 2d 909· Fla. 3d DCA· 1986-10-14
  The court held that an extraterritorial restriction on uninsured motorist coverage in an insurance policy is valid if it is no more restrictive than the minimal territorial restrictions found in the Financial Responsibility Law.
• Priest v. State
  483 So. 2d 900· Fla. 1st DCA· 1986-03-07
  The court held that the trial court erred in denying the motion to correct sentence, as the appellant was entitled to credit for time served under a split sentence imposed prior to a statutory amendment.
• In re The Est. OF Jane Moye Guthrie v. Guthrie
  478 So. 2d 465· Fla. 1st DCA· 1985-11-13
  Heirs of a deceased estate appealed a probate court's dismissal of their objection to the personal representative's petition for discharge. The court erred in applying a new procedural rule retroactively to deem their objection abandoned where the original petition failed to incl
• Zink v. State
  448 So. 2d 1196· Fla. 1st DCA· 1984-04-18
  Zink was charged with driving under the influence (DUI) on private property and sought review of the lower courts' denial of his motion to dismiss. The court held that Florida's DUI statute applies throughout the state, not merely on public streets and highways, and thus the char
• State v. Peek
  441 So. 2d 158· Fla. 2d DCA· 1983-10-05
  The court held that the statutory $1,000 limit applies only to attorney's fees, not to reasonable costs incurred in representing a defendant before the Executive Clemency Board.
• Assocs. Commercial Corp. v. Sel-O-Rak Corp.
  33 B.R. 394· S.D. Fla.· 1983-09-02
  The court held that a perfected security interest is not rendered unenforceable solely because the documentary stamp tax was not paid prior to the bankruptcy filing, as payment after the fact cures the defect.
• Chesapeake & Ohio Ry. Co. v. ST. Paul Fire & Marine Ins. Co.
  701 F.2d 573· 6th Cir.· 1983-02-28
  The court held that a train is not a 'vehicle' under the Michigan No-Fault Insurance Act and was not operating on a public highway when the accident occurred.
• Global van Lines, Inc. v. Interstate Commerce Comm'n & The United States
  691 F.2d 773· 5th Cir.· 1982-11-15
  The court held that the Interstate Commerce Commission did not exceed its statutory authority by granting a household goods broker's license to an agent for a motor common carrier.
• Carlton W. Gerlock v. Fla. Parole & Prob. Comm'n
  411 So. 2d 1386· Fla. 1st DCA· 1982-04-07
• Parker v. State
  406 So. 2d 1089· Fla.· 1981-10-08 ·via In Pari Materia Construction
  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
• Czagas v. Clark Maxwell, Sr.
  393 So. 2d 645· Fla. 5th DCA· 1981-02-11
  The court held that a property appraiser improperly denied agricultural classification based solely on the property being less than twenty acres, as acreage size alone is not determinative.
• In re Volk
  634 F.2d 607· C.C.P.A.· 1980-11-20
  The Board of Appeals correctly held it lacked jurisdiction to hear an appeal from an examiner's claim construction ruling, as this did not constitute a rejection of claims.
• Huguelet v. M & M Assocs., Inc.
  375 So. 2d 1150· Fla. 4th DCA· 1979-10-17
  In this bulk sales dispute, the Florida Fourth District Court of Appeal held that secured creditors are entitled to priority payment from bulk sale proceeds over unsecured creditors, despite statutory language requiring pro rata distribution to all creditors. The court resolved w
• Fla. E. Coast Ry. Co. v. City OF Miami
  372 So. 2d 152· Fla. 3d DCA· 1979-06-12
  Florida East Coast Railway Company appeals a trial court order authorizing the City of Miami to condemn railroad property for a public park. The court upholds Miami's statutory authority to condemn the property and rejects the railroad's affirmative defense that the property is n
• State v. Scotty Keaton
  371 So. 2d 86· Fla.· 1979-05-10
  The Florida Supreme Court held that a statute criminalizing obscene telephone communications (Fla. Stat. § 365.16(1)(a)) is unconstitutionally overbroad under the First Amendment because it is not limited to nonconsensual calls or calls intended to harass. The statute could crimi
• Tropical Shipping & Constr. Co., Ltd. v. Reubin O'D. Askew
  364 So. 2d 433· Fla.· 1978-07-20
  The Florida Supreme Court held that containers used in intermodal shipping ("fishy-back" transportation) are entitled to the same partial sales and use tax exemption as trailers when engaged in foreign commerce. The court rejected the lower court's characterization of containers
• State ex rel. David James Stromer v. The Honorable William S. Rowley
  360 So. 2d 448· Fla. 1st DCA· 1978-06-23
  Petitioner sought a writ of prohibition to prevent trial as an adult, arguing the state failed to file a motion for waiver of juvenile jurisdiction within five days as required by statute. The Florida District Court of Appeal held that the five-day deadline is directory rather th
• State of Fla. Dep't OF Revenue v. Gibbs
  342 So. 2d 562· Fla. 1st DCA· 1977-02-18
  The Florida Department of Revenue appealed a judgment in favor of the tax collector, contending that taxes on leasehold interests in governmentally owned property must be collected exclusively through a statutory procedure requiring legal action or tax executions rather than thro
• Cerro Corp. v. Dep't OF Revenue of the State of Fla.
  336 So. 2d 628· Fla. 1st DCA· 1976-08-30
  The court held that the circuit court has jurisdiction to review the Department of Revenue's action, even though hearings occurred before the new Administrative Procedure Act's effective date but the order was entered after.
• State v. Robinson
  336 So. 2d 437· Fla. 2d DCA· 1976-07-21
  The State of Florida appealed an order discharging a juvenile under the 90-day speedy trial rule. The appellate court reversed, holding that the juvenile, though initially subject to juvenile court rules due to his age at the time of the offense, was properly processed as an adul
• City of Sweetwater v. Dade Cnty.
  45 Fla. Supp. 114· Fla. Cir. Ct.· 1976-03-03 ·via In Pari Materia Doctrine
  The City of Sweetwater sought declaratory relief to validate its annexation of five acres under Florida Statutes Section 171.16, but the court ruled the annexation invalid because Dade County's Home Rule Amendment and Charter established an exclusive method for municipal boundary
• Robinson v. Roundtree
  43 Fla. Supp. 141· Palm Beach Cty. Ct.· 1976-01-15
  A Florida county court addresses whether a tenant can raise a retaliatory eviction defense in a summary removal proceeding when the landlord seeks possession based on the tenant's failure to vacate after receiving notice to quit. The court holds that such a defense is available d
• Kurt S. Adler, Inc. v. The United States
  496 F.2d 1220· C.C.P.A.· 1974-05-30
  The court held that the packaging materials for imported merchandise, even if from a different country, are considered part of the usual containers and are dutiable at the same rate as the contents, not as separate imported articles.
• City OF Hollywood v. Jess Yarborough
  274 So. 2d 526· Fla.· 1973-03-07
  The Public Service Commission can authorize a utility to provide water service in an area even if a city claims exclusive control, especially if the city fails to demonstrate the inadequacy of its own service or oppose the application.
• Tolly Vinik and Elsie J. Vinik v. Taylor
  270 So. 2d 413· Fla. 4th DCA· 1972-12-12
  This case addresses the rights of condominium unit owners to alter their balconies. The court held that balconies are parts of individual units, not common elements, and therefore unit owners may enclose them with Board of Directors approval rather than requiring approval from 75
• Baker v. United States
  460 F.2d 827· 8th Cir.· 1972-05-12
  Redemptive distributions not taxable under Section 301 are not considered in determining a corporation's current earnings and profits available for dividends under Section 316(a).
• Shores v. State
  233 So. 2d 434· Fla. 1st DCA· 1970-03-19
  Appellant Shores was convicted of manslaughter for causing a fatal car accident while allegedly intoxicated. The key issue on appeal was whether blood test results showing alcohol content were admissible when the blood was drawn three months before arrest, while the appellant was
• Am. Mut. Liab. Ins. Co. v. City OF W. Palm Beach
  185 So. 2d 174· Fla. 4th DCA· 1966-04-14 ·via In Pari Materia Construction
  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
• Gray v. Tamiami Trail Tours, Inc.
  22 Fla. Supp. 80· Bay Cty. Cir. Ct.· 1964-01-08 ·via Statutes In Pari Materia
  Gray sued Tamiami Trail Tours for the loss of a suitcase worth approximately $300 during intrastate bus transportation in Florida. The circuit court awarded the full $300, but the appellate court reversed, holding that motor common carriers may lawfully limit their liability for
• Gutterman v. State
  141 So. 2d 21· Fla. 1st DCA· 1962-05-03
  In this case of first impression, the Florida appellate court reversed an ouster judgment against a city commissioner elected in St. Augustine, holding that his 1937 New York conviction for second-degree assault did not disqualify him under Florida's disqualification statutes bec