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

• Hallenbeck v. Penn Mut. Life Ins. Co.
  323 F.2d 566· 4th Cir.· 1963-10-03 ·cited 28×
  A bankruptcy court, under Chapter XIII, has the statutory power to enjoin foreclosure proceedings on a debtor's real estate, even if the secured debt is excluded from the plan, provided the injunction is necessary, does not impair the lien, and ensures full contract payments.
• Jefferson ex rel. v. Sweat
  76 So. 2d 494· Fla.· 1954-07-27 ·cited 28×
  The Florida Supreme Court upheld the constitutionality of Chapter 28057, Acts of 1953, which makes possession of a federal wagering stamp prima facie evidence of violating Florida's gambling laws. The court rejected a habeas corpus challenge to an appellant's detention for posses
• State v. Sullivan
  43 So. 2d 438· Fla.· 1949-12-20 ·cited 28×·via Statutes In Pari Materia
  Jeffie L. McClure challenges her murder indictment on grounds that the 18-member grand jury that indicted her was discharged by operation of law when Florida enacted Chapter 25554 requiring large counties to use 23-member grand juries. The Florida Supreme Court holds the indictme
• Scarborough v. Webb's CUT Rate Drug Co., Inc.
  150 Fla. 754· Fla.· 1942-03-27 ·cited 28×
  Florida's Supreme Court upheld Chapter 21001, Acts of 1941, which required minimum resale prices for branded intoxicating liquors and established fair trade contracts filed with the State Beverage Department. The Court rejected constitutional challenges to this price-fixing legis
• Henry v. State
  134 So. 3d 938· Fla.· 2014-03-14 ·cited 27×
  Robert Henry, a death row inmate with execution scheduled for March 20, 2014, appealed the denial of his second successive motion for postconviction relief, challenging Florida's lethal injection protocol as applied to him, the constitutionality of the amended clemency statute (s
• Russell Corp. & Thomas Howell Group/GAB Robbins v. Brooks
  698 So. 2d 1334· Fla. 1st DCA· 1997-09-12 ·cited 27×
  The Florida Court of Appeal reversed a workers' compensation award granted solely because the employer and its insurance carrier failed to timely file a notice of denial in response to the employee's petition for benefits. The court held that while failure to file a notice of den
• Nationwide Mut. Fire Ins. Co. v. Olah
  662 So. 2d 980· Fla. 2d DCA· 1995-10-25 ·cited 27×
  Nationwide appeals a trial court's order awarding uninsured motorist (UM) benefits to the Estate of Aileen Lattanzio under a Nationwide policy covering vehicles owned by Daniel Lattanzio (the insured). The court reverses, holding that because the vehicle involved in the accident
• Winchester v. Fla. Elec. Supply, Inc.
  161 So. 2d 668· Fla. 2d DCA· 1964-02-19 ·cited 27×
  A materialman supplying a subcontractor is protected by the prime contractor's performance bond under F.S. § 255.05, and is not bound by the stricter notice requirements of the Mechanics' Lien Law or limited to amounts stated in subcontractor affidavits.
• Latimer v. Sears Roebuck & Co.
  285 F.2d 152· 5th Cir.· 1960-11-29 ·cited 27×·via Statutes In Pari Materia
  A parent cannot bring an action ex contractu for the death of a minor child under Florida Statute Section 768.03 (Death of Minors Act), even after a 1953 amendment to Section 768.01 (Wrongful Death Act) extended that act to contract claims.
• Santa Rosa Cnty. v. Gulf Power Co.
  635 So. 2d 96· Fla. 1st DCA· 1994-03-30 ·cited 26×
  Santa Rosa County and Escambia County appealed a declaratory judgment that precluded them from imposing franchise fees on electric and telephone utilities for using county rights-of-way. The court affirmed the counties' general home-rule authority to impose franchise fees on elec
• Super Tire Eng'g Co. v. Teamsters Local Union NO. 676
  721 F.2d 121· 3d Cir.· 1983-11-14 ·cited 26×
  An arbitrator's award reinstating a discharged employee, based on a 'just cause' interpretation of the collective bargaining agreement, draws its essence from the contract and should not be vacated by a court, even if the court believes its interpretation would be better.
• Wooten v. State
  332 So. 2d 15· Fla.· 1976-04-07 ·cited 26×
  Carolyn Wooten was convicted of driving with an unlawful blood alcohol level and challenged the constitutionality of Florida statutes and court rules that mandated adjudication of guilt in such cases, arguing she was denied discretionary sentencing options available for more seri
• State v. The Cnty. Comm'rs of Sumter Cnty.
  22 Fla. 1· Fla.· 1886-01-01 ·cited 26×·via Statutes In Pari Materia
  The Florida Supreme Court held that a relator seeking a writ of mandamus to compel county commissioners to issue a liquor permit must satisfy statutory requirements, and the court rejected defenses based on improper pleading forms and questioned whether the relator intended to tr
• Boatright v. Philip Morris USA Inc.
  218 So. 3d 962· Fla. 2d DCA· 2017-04-12 ·cited 25×·via In Pari Materia Construction
  The Second District Court of Appeal reversed a trial court's denial of attorneys' fees and costs to former tobacco lawsuit plaintiffs, holding that Florida Rule of Civil Procedure 2.516(b)(1)'s mandatory email service requirement does not apply to pretrial proposals for settlemen
• McLAUGHLIN v. Dep't of Hwy. Safety & Motor Vehicles
  2 So. 3d 988· Fla. 2d DCA· 2008-11-14 ·cited 25×·via In Pari Materia Construction
  The circuit court correctly applied the law by denying the petition for certiorari, as the hearing officer's scope of review under section 322.2615 is limited to specific enumerated issues and does not include the lawfulness of the arrest.
• Fla. Hosp. Waterman, Inc. v. Buster
  932 So. 2d 344· Fla. 5th DCA· 2006-03-10 ·cited 25×·via In Pari Materia Construction
  Florida Hospital Waterman sought certiorari review of a trial court order requiring production of self-policing documents under Amendment 7 (the Patients' Right To Know Amendment), challenging whether the amendment preempts statutory privileges, is self-executing, and should appl
• State v. Barnard
  405 So. 2d 210· Fla. 5th DCA· 1981-10-07 ·cited 25×
  Florida appeals the dismissal of charges against Barnard for resisting arrest with violence. The trial court found the deputies were not in lawful performance of duty because they arrested Barnard in his home without a warrant. The appellate court reversed, holding that even if a
• State v. Menuto
  912 So. 2d 603· Fla. 2d DCA· 2005-05-04 ·cited 24×
  Florida appealed the trial court's dismissal of charges against Menuto for unlawful firearm possession under section 790.23(1)(b), which prohibits persons under 24 who have been found to have committed a delinquent act (that would be a felony if committed by an adult) from posses
• Earnest Jackson v. Unemployment Appeals Comm'n
  730 So. 2d 719· Fla. 5th DCA· 1999-02-05 ·cited 24×
  Jackson, a 17-year employee of Modern Welding, was discharged for fighting during a lunchbreak card game and denied unemployment benefits. The Florida District Court of Appeal reversed the Unemployment Appeals Commission's reversal of the appeals referee's award of benefits, hold
• Pasteur Health Plan, Inc. v. Salazar
  658 So. 2d 543· Fla. 3d DCA· 1995-05-03 ·cited 24×
  Pasteur Health Plan appealed a summary judgment finding it liable for medical expenses arising from a traffic accident involving an ATC (All Terrain Cycle), claiming the injuries were excluded under its motor vehicle exclusion clause. The court affirmed, holding that an ATC is no
• Gallagher v. Motors Ins. Corp.
  605 So. 2d 62· Fla.· 1992-07-23 ·cited 24×
  Florida's insurance premium tax scheme (pre-July 1, 1988) imposed higher taxes on foreign insurers than domestic insurers. The trial court declared it unconstitutional under the Equal Protection and Due Process Clauses, but the Florida Supreme Court reversed, holding that the tax
• Pinellas Cnty. v. Lake Padgett Pines
  333 So. 2d 472· Fla. 2d DCA· 1976-06-04 ·cited 24×
  Pinellas County and other governmental entities appealed a trial court decision holding that the Cypress Creek Well Field project in Pasco County constitutes a "development of regional impact" (DRI) under Florida law requiring compliance with Chapter 380. The appellate court reve
• State v. Golden
  350 So. 2d 344· Fla.· 1976-02-26 ·cited 24×
  The Florida Supreme Court reversed a circuit court decision that had declared certain juvenile detention statutes unconstitutional. The Court held that statutory provisions requiring faster detention hearings (24 hours) and adjudication (14 days) are constitutional exercises of l
• United States v. Marrifield
  515 F.2d 877· 5th Cir.· 1975-07-09 ·cited 24×
  The court held that the statute prohibiting unlawful gambling businesses requires proof that five or more persons participated in the business in whole or in part during a period exceeding thirty days, not necessarily simultaneously present.
• Reuben B. Robertson, III v. Butterfield
  498 F.2d 1031· D.C. Cir.· 1974-05-09 ·cited 24×
  The court held that the FAA Administrator was justified in withholding SWAP reports from public disclosure under exemption (3) of the Freedom of Information Act, as it did not override the specific confidentiality provisions of 49 U.S.C. § 1504.
• Gen. Motors Acceptance Corp. v. E. Mullins Whisnant in Bankruptcy of John Chesley Fanjoy, Jr.
  387 F.2d 774· 5th Cir.· 1968-01-05 ·cited 24×
  The court held that the Uniform Commercial Code, specifically § 109A-9-103(4), governed the perfection of GMAC's security interest, making it valid against the trustee.
• Street v. Safway Steel Scaffold Co.
  148 So. 2d 38· Fla. 1st DCA· 1962-12-20 ·cited 24×
  Street's widow sued Safway Steel Scaffold Company for negligence after her husband died in a construction accident caused by collapsing shoring equipment. The court held that Safway was a subcontractor to the prime contractor and therefore immune from tort liability under the Wor
• Chidester v. City OF Newark
  162 F.2d 598· 3d Cir.· 1947-06-19 ·cited 24×
  The court held that heirs of a grantor are not indispensable parties in an ejectment action if their interests are not joint and would not be affected by the judgment, and that deeds with ambiguous descriptions are locatable with extrinsic evidence under New Jersey law.
• Campbell v. State
  125 So. 3d 733· Fla.· 2013-10-17 ·cited 23×
  The Florida Supreme Court resolved a conflict between district courts regarding whether a defendant may withdraw a guilty plea years after sentencing based solely on the trial court's failure to formally announce acceptance of the plea. The Court held that sentencing constitutes
• Tauber v. The State Bd. OF Osteopathic Med. Exam'rs
  362 So. 2d 90· Fla. 4th DCA· 1978-08-16 ·cited 23×
  A Florida appeals court rejected an osteopathic physician's challenge to an emergency suspension of his medical license, holding that the Board of Osteopathic Medical Examiners provided adequate procedural due process and that a patient death from alleged medical negligence satis
• Culpepper v. Moore
  40 So. 2d 366· Fla.· 1949-05-06 ·cited 23×
  This case concerns a taxpayer's challenge to a school board's award of a construction contract. The court affirmed the board's decision, holding that the board acted within its discretion by selecting the "lowest responsible bidder" based on factors beyond just the lowest price,
• United Auto. Ins. Co. v. Salgado
  22 So. 3d 594· Fla. 3d DCA· 2009-08-05 ·cited 22×
  United Automobile Insurance Company sought certiorari review of a circuit court decision affirming a declaratory judgment that an insured's no-fault motor vehicle insurance policy remained valid despite the insurer's attempt to rescind it for material misrepresentation. The Flori
• Norris v. State
  737 So. 2d 1240· Fla. 5th DCA· 1999-08-06 ·cited 22×
  The Fifth District Court of Appeal struck down an administrative order prohibiting first appearance judges from modifying bail amounts set by the judge who issued the arrest warrant without that judge's consent. The court held that first appearance judges have an independent duty
• Miner v. Westlake
  478 So. 2d 1066· Fla.· 1985-11-25 ·cited 22×
  The Florida Supreme Court held that the state's mere convenience in trying codefendants together is not an exceptional circumstance sufficient to extend a defendant's speedy trial time over the defendant's objection. The Court clarified that a defendant's speedy trial right takes
• Howard v. Howard
  467 So. 2d 768· Fla. 1st DCA· 1985-04-11 ·cited 22×·via In Pari Materia Construction
  Sarah Howard appealed a final judgment of dissolution of marriage, arguing that the trial court erred in refusing to enforce a separation agreement between her and Mark Howard and in various property and support determinations. The appellate court affirmed the trial court's refus
• In the Interest of T.S.J. v. State
  439 So. 2d 966· Fla. 1st DCA· 1983-10-25 ·cited 22×
  A 13-year-old juvenile was convicted of burglary based on circumstantial evidence showing he entered his cousin's apartment with two other individuals who took property. The appellate court reversed, holding the circumstantial evidence legally insufficient to prove the essential
• Miller v. State
  430 So. 2d 611· Fla. 4th DCA· 1983-05-04 ·cited 22×
  Miller petitioned for a writ of habeas corpus claiming ineffective assistance of appellate counsel for failing to raise various issues on direct appeal of his conviction for solicitation to commit murder. The Fourth District Court of Appeal rejected all of Miller's ineffectivenes
• United States v. Kemp
  690 F.2d 397· 4th Cir.· 1982-09-23 ·cited 22×
  The dissenting judge holds that 21 U.S.C. § 881(b)(4) requires the seizure of a vehicle to be contemporaneous with the probable cause that justifies the seizure.
• Bess Kennedy v. Whitehurst
  690 F.2d 951· D.C. Cir.· 1982-09-17 ·cited 22×·via In Pari Materia Construction
  Federal employees who successfully resolve age discrimination claims at the administrative level under the Age Discrimination in Employment Act (ADEA) are not entitled to recover attorneys' fees for legal services rendered during that administrative stage.
• The Adams Packing Ass'n, Inc. v. Fla. Dep't OF Citrus
  352 So. 2d 569· Fla. 2d DCA· 1977-11-30 ·cited 22×
  The circuit court has jurisdiction over actions seeking a declaratory judgment on the constitutionality of an administrative regulation, even if the regulation is not yet effective.
• Benton v. The United States
  488 F.2d 1017· Ct. Cl.· 1973-12-19 ·cited 22×
  Involuntary retirement of a hearing examiner for disability constitutes a 'removal' under Section 11 of the Administrative Procedure Act, requiring adherence to its procedural safeguards, including an opportunity for a hearing.
• Hodgson v. Robert Hall Clothes, Inc.
  473 F.2d 589· 3d Cir.· 1973-02-05 ·cited 22×
  The dissenting judge believes the district court's findings of fact were not clearly erroneous and would affirm the order, except for the denial of interest on back pay.
• Amelia Island Mosquito Control Dist. v. Tyson
  150 So. 2d 246· Fla. 1st DCA· 1963-02-28 ·cited 22×
  A governmental agency's venue privilege, requiring suits in its home county, extends to its status as a cross-defendant in a counterclaim, absent a waiver.
• Troup Bros., Inc. v. State of Fla. for the Use & Benefit of Meadows S. Constr. Co., Inc.
  135 So. 2d 755· Fla. 2d DCA· 1961-12-13 ·cited 22×
  Troup Brothers, as general contractor and surety on a statutory construction completion bond, challenged a judgment in favor of Meadows Southern Construction Co., an equipment lessor seeking unpaid rental fees. The court reversed, holding that the equipment lessor was a supplier
• United States v. Doman
  255 F.2d 865· 3d Cir.· 1958-06-17 ·cited 22×
  The court held that Section 26(b)(1) of the Surplus Property Act provides for compensatory damages, not a penalty, and therefore the five-year statute of limitations does not bar the suit.
• Orr v. Quigg
  135 Fla. 653· Fla.· 1938-12-28 ·cited 22×
  William Orr sought habeas corpus relief, challenging the constitutionality of Miami City Ordinance No. 319, which incorporated Florida's state misdemeanor statutes by reference. The Florida Supreme Court upheld the ordinance as a valid exercise of the city's charter authority, fi
• Ex parte Perry
  71 Fla. 250· Fla.· 1916-02-23 ·cited 22×
  Lee Perry was arrested for hauling and dragging a seine in the St. Johns River in Volusia County while holding a salt water fishing license issued under a general state act. The Florida Supreme Court held that a local act prohibiting such fishing in fresh water rivers of Volusia
• Tillman v. State
  807 So. 2d 106· Fla. 5th DCA· 2002-01-18 ·cited 21×
  Ernest Tillman appeals his convictions for aggravated battery on a law enforcement officer and resisting an officer with violence, arguing the state failed to prove the officer was lawfully performing his duties and that his restitution referral was unconstitutional. The Florida
• Agency FOR Health Care Admin. v. In re Est. OF Kevin Johnson
  743 So. 2d 83· Fla. 3d DCA· 1999-09-08 ·cited 21×
  The Florida District Court of Appeal reversed a probate court's order that had barred the Agency for Health Care Administration's (AHCA) Medicaid lien against an estate for failure to timely file a creditor's claim under probate law. The court held that AHCA's verified lien claim
• City OF Cleveland v. Honorable Robert B. Krupansky
  619 F.2d 576· 6th Cir.· 1980-03-25 ·cited 21×
  Mandamus is not the proper remedy to compel a judge to recuse himself, especially when the motion is based on judicial conduct and filed untimely.