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

• Axelrod & Co. v. Kordich
  451 F.2d 838· 2d Cir.· 1971-10-18 ·cited 41×
  A non-member firm can invoke the compulsory arbitration rules of a stock exchange against a member firm, even if the member firm opposes arbitration, because exchange rules for settling disputes between members are binding and are exempted from the Securities Exchange Act's non-w
• Greenfield v. Manor Care, Inc.
  705 So. 2d 926· Fla. 4th DCA· 1997-12-24 ·cited 40×
  Dorothy Greenfield appealed the dismissal of her eight-count complaint against Manor Care nursing home alleging overcharging, breach of implied covenants, and violation of resident rights. The Fourth District Court of Appeal reversed the dismissal of five counts and remanded, hol
• WFTV, Inc. v. Wilken
  675 So. 2d 674· Fla. 4th DCA· 1996-06-19 ·cited 40×
  Newspapers challenged a Florida county clerk's $1.00 per page copying fee for court records, arguing it violated constitutional access rights and that a lower $.15 per page public records fee should apply. The court affirmed summary judgment, holding that the legislature may set
• Patrick M. Duffy, M.D. v. Brooker
  614 So. 2d 539· Fla. 1st DCA· 1993-01-21 ·cited 40×
  The court affirmed sanctions against a medical malpractice insurer for failing to comply with Florida's presuit investigation requirements by providing an inadequate corroborating medical expert opinion when denying a claim. The court interpreted Florida Statutes chapter 766 to r
• Nelson v. Nelson
  433 So. 2d 1015· Fla. 3d DCA· 1983-06-14 ·cited 40×
  Ronald Nelson appeals a trial court's assumption of emergency jurisdiction under Florida's Uniform Child Custody Jurisdiction Act to modify permanent custody of his children from him to the mother. The Third District Court of Appeal reversed, holding that allegations of past abus
• Alcene McKAHN v. Fla. Parole & Prob. Comm'n
  399 So. 2d 476· Fla. 1st DCA· 1981-06-09 ·cited 40×
  McKahn, an inmate convicted of drug possession, challenged the Florida Parole and Probation Commission's determination of his presumptive parole release date, alleging the Commission incorrectly classified his offense and unlawfully modified his parole criteria after establishing
• Walsingham v. State
  250 So. 2d 857· Fla.· 1971-07-12 ·cited 40×·via In Pari Materia Construction
  Appellants were convicted of conspiracy to commit abortion and appealed, contending the trial court erred in instructing the jury on the definition of abortion. The Florida Supreme Court reversed because the jury instruction failed to include the lawful exception to the abortion
• Singleton v. Larson
  46 So. 2d 186· Fla.· 1950-05-12 ·cited 39×
  The Florida Supreme Court affirmed a lower court's decision, holding that a statute regulating non-admitted insurance agents and a statute regulating liquefied petroleum gas dealers were not in pari materia. Therefore, insurance required for LP gas dealers by the latter statute m
• L. B. McLeod Constr. Co. v. State
  106 Fla. 805· Fla.· 1932-09-28 ·cited 39×
  This case involves a surety bond dispute arising from a public works construction contract. The Supreme Court of Florida upheld a judgment against a construction company and its surety for the cost of gasoline and oil furnished to a subcontractor and used in a road construction p
• O'Donnell v. State
  326 So. 2d 4· Fla.· 1975-07-23 ·cited 38×
  The court held that the mandatory minimum sentence imposed under the statutes was constitutional as applied to the defendant, even considering his limited culpability.
• Vill. OF N. Palm Beach v. Mason
  167 So. 2d 721· Fla.· 1964-06-17 ·cited 38×
  The Florida Supreme Court upheld the constitutionality of Chapter 367 (Water and Sewer System Regulatory Law) and the Florida Railroad and Public Utilities Commission's jurisdiction over North Palm Beach Utilities, but quashed the Commission's rate order for failing to include ad
• Carter v. State
  155 So. 2d 787· Fla.· 1963-07-03 ·cited 38×·via In Pari Materia Construction
  Theodore Carter, a chiropractor, was convicted of attempted abortion. The Florida Supreme Court affirmed his conviction, holding that the statutory term "unlawfully" in the abortion statute is sufficiently defined by reference to companion homicide statutes, and that the evidence
• Standard Newspapers, Inc. v. Woods
  110 So. 2d 397· Fla.· 1959-03-06 ·cited 38×
  Standard Newspapers sought to enforce a non-compete agreement against J. W. Woods, a minority shareholder who had signed the agreement as a condition of the sale of Marion Publishing Company's newspaper assets. The Florida Supreme Court upheld the constitutionality of the statute
• State v. Franco Ferrari and Charles Tarantino
  398 So. 2d 804· Fla.· 1981-04-02 ·cited 37×
  Florida Supreme Court held that section 713.34(3), a statute criminalizing embezzlement of construction funds by contractors, is not unconstitutionally vague, overbroad, or infirm in its presumption of intent to defraud. The decision reversed a trial court's dismissal of charges
• Weigh Less FOR Life, Inc. v. Barnett Bank OF Orange Park
  399 So. 2d 88· Fla. 1st DCA· 1981-05-28 ·cited 36×
  Weigh Less for Life, Inc. sought to recover a Lincoln automobile from Barnett Bank. The trial court granted summary judgment against Weigh Less based on an earlier order dissolving a prejudgment writ of replevin, treating that dissolution as a conclusive determination of ownershi
• United Shoe Workers OF Am., AFL-CIO v. Bedell
  506 F.2d 174· D.C. Cir.· 1974-10-23 ·cited 36×
  Imported finished women's shoes are not 'like' domestic shoe counters within the meaning of Section 301(c)(2) of the Trade Expansion Act of 1962.
• Kimball v. Callahan
  493 F.2d 564· 9th Cir.· 1974-02-26 ·cited 36×
  The court held that Klamath Indians who withdrew from the tribe retain treaty rights to hunt, trap, and fish free of state regulation on their ancestral reservation lands, even after termination of federal supervision.
• Fla. Birth-Related Neurological Injury Comp. Ass'n v. Florida Division OF Administrative Hearings
  948 So. 2d 705· Fla.· 2007-01-11 ·cited 35×
  The Florida Supreme Court resolved a certified conflict among district courts of appeal regarding whether administrative law judges (ALJs) have jurisdiction to determine whether health care providers complied with the notice requirements of the Florida Birth-Related Neurological
• Charley F. Ison v. Rollin W. Zimmerman
  372 So. 2d 431· Fla.· 1979-05-03 ·cited 35×
  This case addresses whether a Florida special statute creating civil service protections for deputy sheriffs in Brevard County is constitutional. The Florida Supreme Court reversed the circuit court's decision and held that the statute is valid and that a newly-elected sheriff mu
• State ex rel. Ayres v. Gray
  69 So. 2d 187· Fla.· 1953-12-11 ·cited 35×
  The Florida Supreme Court held that a gubernatorial election must be held in 1954 to fill the vacancy created by Governor Dan McCarty's death in 1953, rejecting the Secretary of State's argument that no election was required until 1956. The court established important principles
• The State ex rel. H. W. Arpen v. Brown
  19 Fla. 563· Fla.· 1883-01-01 ·cited 35×
  The Florida Supreme Court upheld a licensing law requiring liquor dealers to obtain approval from a majority of registered voters in their election district before the Collector of Revenue could issue a license. The court rejected constitutional challenges that the law was incomp
• In the Interest of I.T. v. State
  532 So. 2d 1085· Fla. 3d DCA· 1988-08-16 ·cited 34×
  Parents of I.T. appealed a dependency adjudication based on alleged risk of prospective neglect. The Florida appellate court reversed, holding that the state failed to establish a sufficient nexus between the parents' psychiatric histories and a substantial risk of significant im
• Golub v. PPD Corp.
  576 F.2d 759· 8th Cir.· 1978-05-11 ·cited 34×
  The court held that the district court properly dismissed the original complaint and denied leave to file an amended complaint, finding no federal securities law violation.
• Marlin Conner and Otelia Conner v. Coggins
  349 So. 2d 780· Fla. 1st DCA· 1977-09-02 ·cited 34×
  Appellants sought to foreclose a mortgage and Conner challenged the action as barred by the statute of limitations. The court affirmed the foreclosure, holding that under Florida law, the limitations period for mortgage foreclosure runs from the maturity date of the final install
• Fla. Real Est. Comm'n v. D. L. and Doris Rogers
  176 So. 2d 65· Fla.· 1965-04-07 ·cited 34×
  District courts have the power to review and modify penalties imposed by the Florida Real Estate Commission in certiorari proceedings, including reducing a revocation to a suspension where appropriate on the record, as this authority is expressly vested by the Administrative Proc
• Pierre v. Handi VAN, Inc.
  717 So. 2d 1115· Fla. 1st DCA· 1998-09-28 ·cited 33×
  The Florida First District Court of Appeal held that an expert medical advisor (EMA) appointed by a judge of compensation claims is not a "health care provider" under Florida Statutes § 440.13(4)(c), and therefore cannot participate in ex parte conferences with employers and carr
• Madison Cnty. v. Wiley D. Foxx and Quinton Dryden
  636 So. 2d 39· Fla. 1st DCA· 1994-02-09 ·cited 33×
  Madison County appeals a summary judgment invalidating its 1989 and 1990 special assessment ordinances for garbage collection, landfill closure, ambulance service, and fire protection. The court affirmed the trial court's judgment that the ordinances were null and void for failur
• Trinh Trung DO v. Amoco OIL Co. & Fla. Unemployment Appeals Comm'n
  510 So. 2d 1063· Fla. 4th DCA· 1987-07-29 ·cited 33×
  The Florida Fourth District Court of Appeal affirmed a ruling denying unemployment compensation to a truck driver discharged for misconduct. The court held that a pattern of traffic accidents and repeated speeding violations while transporting hazardous materials constituted stat
• State v. Akers
  367 So. 2d 700· Fla. 2d DCA· 1979-02-14 ·cited 33×
  Florida appeals the dismissal of an escape charge against William Akers, who was arrested for disorderly intoxication, handcuffed on a pier, but fled when the arresting officer's attention was diverted. The appellate court reversed the dismissal, holding that the escape statute a
• Fla. Carry, Inc. v. Univ. OF N. Fla.
  133 So. 3d 966· Fla. 1st DCA· 2013-12-10 ·cited 32×
  Florida Carry, Inc. and a UNF student challenged the University of North Florida's policy prohibiting firearms in vehicles on campus. The appellate court held that state universities lack authority to waive the statutory exception allowing securely encased firearms in vehicles, a
• State v. Ins. Servs. Off.
  434 So. 2d 908· Fla. 1st DCA· 1983-05-03 ·cited 32×
  The Florida Department of Insurance appealed a hearing officer's determination that its Rule 4-43.03, which prohibited using sex, marital status, and scholastic achievement as automobile insurance rating factors, exceeded the Department's delegated authority and was unsupported b
• The Taggart Corp. v. Life & Health Benefits Admin., Inc.
  617 F.2d 1208· 5th Cir.· 1980-05-30 ·cited 32×
  The court held that neither the Security Multiple Employers Trust (SMET) nor Taggart Corp.'s subscription to it constituted an employee welfare benefit plan under ERISA, thus the federal court lacked subject matter jurisdiction.
• State of Fla. on Relation of O. Raymond Ellars v. The Bd. of Cnty. Comm'rs of Orange Cnty.
  147 Fla. 278· Fla.· 1941-05-27 ·cited 32×
  Florida Supreme Court held that a 1937 statute fixing the salary for county solicitors in counties with populations between 70,000 and 100,000 is a valid general law, not an unconstitutional special law, and therefore Orange County must pay the relator the salary provided by the
• Beasley v. Coleman
  136 Fla. 393· Fla.· 1938-01-07 ·cited 32×
  Beasley, a loan officer for Young Finance Company, sought habeas corpus relief, challenging whether the information charging him with usury under an old statute remained viable after the 1925 Small Loan Act was enacted. The Florida Supreme Court held that the 1925 Act created exc
• Zorc v. City OF Vero Beach
  722 So. 2d 891· Fla. 4th DCA· 1998-12-02 ·cited 31×
  Frank Zorc appealed a summary judgment in favor of the City of Vero Beach regarding alleged Sunshine Law violations in three closed-door meetings held in 1995 concerning the City's litigation strategy in Piper Aircraft's bankruptcy proceedings. The appellate court reversed, findi
• Ciaramello v. D'Ambra
  613 So. 2d 1324· Fla. 2d DCA· 1991-09-27 ·cited 31×
  The court held that section 772.11, Florida Statutes, has a less stringent standard for awarding attorney's fees than section 57.105, Florida Statutes, and a claim lacking substantial legal or factual support can trigger an award.
• Lincoln Lynch v. Johns-Manville Sales Corp.
  710 F.2d 1194· 6th Cir.· 1983-07-01 ·cited 31×
  The court held that the automatic stay provision of the Bankruptcy Code does not extend to solvent co-defendants of a Chapter 11 debtor, nor are such co-defendants indispensable parties requiring a stay of proceedings.
• Advisory Opinion TO The Attorney Gen. RE Referenda Required FOR Adoption & Amendment of Local Gov't Comprehensive Land Use Plans
  963 So. 2d 210· Fla.· 2007-07-12 ·cited 30×·via In Pari Materia Construction
  The Florida Supreme Court addressed whether it has jurisdiction to review financial impact statements for constitutional amendment initiatives and whether the statement at issue complied with statutory requirements. The Court concluded it has jurisdiction and remanded the financi
• Shaw v. State OF Cal. Dep't OF Alcoholic Bev. Control
  788 F.2d 600· 9th Cir.· 1986-04-28 ·cited 30×
  The Eleventh Amendment and claim preclusion bar suits against state agencies and officials for damages, but not prospective injunctive relief. Issue preclusion does not apply to claims against municipal defendants when the initial tribunal lacked jurisdiction to directly decide t
• Lanier v. State
  443 So. 2d 178· Fla. 3d DCA· 1983-12-13 ·cited 30×
  The court reversed Lanier's conviction under Florida Statute 800.04 for lewd and lascivious conduct with a twelve-year-old girl, holding that consensual sexual intercourse with an unchaste child between ages twelve and fourteen does not constitute the crime of handling/fondling u
• Carr v. Dist. OF Columbia
  543 F.2d 917· D.C. Cir.· 1976-08-18 ·cited 30×
  The court held that the District Court's judgment was affirmed, but modified to allow appellants to pursue an independent action regarding the ownership of the alley space and the $196,200 compensation paid.
• Menzies v. Fed. Trade Comm'n
  242 F.2d 81· 4th Cir.· 1957-03-07 ·cited 30×
  The Federal Trade Commission has the power to issue subpoenas under Section 9 of the FTC Act for proceedings enforcing the Clayton Act, and these subpoenas do not violate the Fourth Amendment.
• THE ST. Francis Hosp., Inc. v. Belle Thompson
  159 Fla. 453· Fla.· 1947-08-01 ·cited 30×
  In a wrongful death action, the statute of limitations under Section 95.11 F.S.A. commences from the date of death, not from the date of the wrongful act that caused the injury. The cause of action accrues upon death because the plaintiff's right depends on both the wrongful act
• Foreman v. E.F. Hutton & Co., Inc.
  568 So. 2d 531· Fla. 3d DCA· 1990-10-23 ·cited 29×
  The court held that the standard for awarding attorney's fees under Florida's RICO Act is less stringent than the standard for frivolous claims under section 57.105, and the trial court did not err in awarding fees.
• Backar v. W. States Producing Co. (now Hytech Energy Corporation) & Wayman W. Buchanan
  547 F.2d 876· 5th Cir.· 1977-02-24 ·cited 29×
  The court held that proceeds from nonrecourse notes were not 'moneys invested' under the commission contract, and that New York's real estate licensing statute did not bar the finder's fee claim because oil and gas leases are personal property under New York law.
• Winn-Dixie Stores, Inc. v. Dolgencorp, Inc.
  964 So. 2d 261· Fla. 4th DCA· 2007-09-19 ·cited 28×
  A recorded lease provision granting an exclusive right to sell groceries constitutes a covenant running with the land that is enforceable against a subsequent tenant who had constructive or implied actual notice of the restriction.
• ACE Disposal & Fla. Air Condition Contractors v. Holley
  668 So. 2d 645· Fla. 1st DCA· 1996-02-20 ·cited 28×
  A 1993 amendment to section 440.15(1)(f)2.b., Florida Statutes, requiring claimants receiving permanent total disability benefits to apply for and cooperate with social security disability benefits is procedural, not substantive, and therefore applies retroactively to injuries oc
• Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. E. Coal Corp.
  561 F.2d 632· 6th Cir.· 1977-07-18 ·cited 28×·via Statutes In Pari Materia
  The court held that the Benefits Review Board and the appellate court have jurisdiction to hear appeals under the Black Lung Benefits Act, and that the Director has standing to prosecute these appeals.
• Stevens v. Commissioner OF Internal Revenue
  452 F.2d 741· 9th Cir.· 1971-11-26 ·cited 28×
  Income derived from allotted lands, lands received by gift, and inherited lands held in trust for a noncompetent Indian are exempt from federal income tax. Income from lands purchased by a noncompetent Indian, with their funds but held in trust by the United States, is also exemp
• The Ramapo Bank & Broadway Bank & Tr. Co. v. Camp
  425 F.2d 333· 3d Cir.· 1970-04-17 ·cited 28×·via Statutes In Pari Materia
  The court held that Section 30 of the National Bank Act governs the relocation of a national bank's main office, and such relocation is not subject to state branching laws or the doctrine of competitive equality when the move is bona fide.