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

• State v. Harvey
  356 So. 2d 323· Fla. 1st DCA· 1977-12-27 ·cited 21×
  The Florida Department of Administration's "minimum training and experience requirements" for state job classifications constitute rules under Florida Statutes § 120.52(14) and must be adopted through formal rulemaking procedures under § 120.54, even though the Department charact
• Crawford v. Am. Title Ins. Co.
  518 F.2d 217· 5th Cir.· 1975-08-27 ·cited 21×
  The McCarron-Ferguson Act exempts the business of insurance from federal antitrust laws when the state has regulated the business, and Alabama's Insurance Trade Practices Law constitutes sufficient regulation for title insurance.
• French v. State
  279 So. 2d 317· Fla. 4th DCA· 1973-06-20 ·cited 21×
  William Howard French appeals his conviction for carrying a concealed firearm in his home, contending he falls within a statutory exception to Florida's concealed weapons law. The Fourth District Court of Appeal reverses, holding that Section 790.25(3)(n) exempts persons possessi
• Mass. Bonding & Ins. Co. v. Farris Bryant
  175 So. 2d 88· Fla. 1st DCA· 1965-05-04 ·cited 21×
  Massachusetts Bonding & Insurance Company appeals a summary judgment in favor of American Oil Company on a performance bond for unpaid asphalt materials delivered to a road construction contractor. The court affirms, holding that the one-year statute of limitations in Section 255
• Kirkwood v. Arenas
  243 F.2d 863· 9th Cir.· 1957-04-25 ·cited 21×
  Trust allotments of the Agua Caliente Band of Mission Indians are exempt from state inheritance taxes, as congressional acts evince intent to exempt such lands from taxation during the trust period.
• Cent. Truck Lines, Inc. v. R.R. Comm'n & Receivers of & for Seaboard Air Line Ry. Co.
  118 Fla. 526· Fla.· 1935-02-28 ·cited 21×·via Statutes In Pari Materia
  Central Truck Lines challenged the Railroad Commission's grant of a certificate of public convenience and necessity to Seaboard Air Line Railway to operate temporary motor carrier service as a substitute for rail service between Tampa-Brooksville and Waldo-Morriston. The Florida
• State v. Lee
  117 Fla. 779· Fla.· 1934-12-31 ·cited 21×
  The Florida Supreme Court considered whether state printing statute Chapter 14824 prohibited the Motor Vehicle Commissioner from purchasing 'Zip-Out' carbon stripper office forms from a company when similar services could not be competitively obtained within Florida. The Court he
• Olmstead v. Fed. Trade Comm'n
  44 So. 3d 76· Fla.· 2010-06-24 ·cited 20×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding whether a judgment creditor may compel a judgment debtor to surrender all ownership interest in a single-member LLC to satisfy a judgment. The Court held that Florida's charging order reme
• City OF Port Orange & PGCS v. Sedacca
  953 So. 2d 727· Fla. 1st DCA· 2007-04-10 ·cited 20×
  A firefighter with work-related hypertension sought workers' compensation benefits as an occupational disease, but the appellate court held that permanent impairment alone does not constitute compensable disability under Florida's Workers' Compensation Act. The court reversed, fi
• BIG Bend Hospice, Inc. v. Agency FOR Health Care Admin. & Covenant Hospice, Inc.
  904 So. 2d 610· Fla. 1st DCA· 2005-06-20 ·cited 20×
  Big Bend Hospice challenged two final orders from the Agency for Health Care Administration (AHCA) concerning the fixed need pool for hospices in service area 2B and the issuance of a Certificate of Need to Covenant Hospice. The court affirmed both orders and clarified the standa
• Aubry Allen Gulley v. Pierce
  625 So. 2d 45· Fla. 1st DCA· 1993-09-17 ·cited 20×
  In a wrongful death action arising from a truck accident, the appellate court reversed the trial court's refusal to give jury instructions on certain traffic control law violations as evidence of negligence, but affirmed the admission of a criminal homicide detective as an accide
• Ratley v. Batchelor
  599 So. 2d 1298· Fla. 1st DCA· 1991-06-11 ·cited 20×
  Mary Ratley, as representative of her husband's estate, appeals a wrongful death judgment where the jury found her husband 50% comparatively negligent in a collision between his minivan and a manufactured home being towed by Robert Batchelor. The appellate court reverses, holding
• Fla. Ass'n of Nurse Anesthetists v. Dep't of Prof'l Reg.
  500 So. 2d 324· Fla. 1st DCA· 1986-12-30 ·cited 20×
  The Florida Association of Nurse Anesthetists challenged Board of Dentistry rules requiring dentists who supervise nurse anesthetists to be qualified to personally administer anesthesia or sedation. The First District Court of Appeal affirmed the Board's authority to impose this
• Brown v. Wesley's Quaker Maid, Inc.
  771 F.2d 952· 6th Cir.· 1985-08-27 ·cited 20×
  A district judge's de novo review of a magistrate's findings in a Title VII case referred under 42 U.S.C. § 2000e-5(f)(5) is improper; the 'clearly erroneous' standard applies, requiring deference to the magistrate's factual findings.
• State v. Soto
  423 So. 2d 362· Fla.· 1982-12-02 ·cited 20×
  The court held that supporting documents accompanying an extradition demand can satisfy statutory requirements, even if the indictment itself does not explicitly state the accused committed an act in Florida intentionally resulting in a crime in the demanding state.
• Michael M. Baden, M.D. v. Koch
  638 F.2d 486· 2d Cir.· 1980-12-17 ·cited 20×
  The dissenting judge holds that Dr. Baden acquired permanent tenure as County Medical Examiner and could not be removed without cause and a hearing.
• Citizens FOR Safe Power, Inc. v. Nuclear Regulatory Comm'n
  524 F.2d 1291· D.C. Cir.· 1975-12-22 ·cited 20×
  The court held that the agency's findings regarding health and safety were properly grounded, even if not made in the 'proper' procedural portion of the inquiry.
• Pervis v. LaMARQUE Indep. Sch. Dist.
  466 F.2d 1054· 5th Cir.· 1972-09-19 ·cited 20×
  A subsequent hearing does not cure the initial lack of procedural due process when students are suspended for a significant period without a prior hearing.
• City OF Coral Gables v. Carmichael
  256 So. 2d 404· Fla. 3d DCA· 1972-01-13 ·cited 20×
  The City of Coral Gables appealed a circuit court injunction that blocked a referendum on a zoning ordinance. The District Court of Appeal reversed, holding that a municipal zoning amendment is legislative in character and subject to referendum under the city charter, and that te
• McCARTHY v. Pa. R. Co.
  156 F.2d 877· 7th Cir.· 1946-08-07 ·cited 20×
  The court held that the engineer's own gross negligence, not the railroad's, was the sole cause of his death, and therefore the railroad was not liable under the Boiler Inspection Act and Employers' Liability Act.
• Advisory Opinion to Governor
  152 Fla. 686· Fla.· 1943-04-03 ·cited 20×
  The Florida Supreme Court advised Governor Holland that a vacancy in a circuit judgeship created by Justice Sebring's elevation to the Supreme Court should be filled by an interim gubernatorial appointment requiring Senate confirmation, not by a direct appointment for the extende
• Linquist v. Bowen
  813 F.2d 884· 8th Cir.· 1987-03-09 ·cited 19×
  The court held that the Social Security Administration and Railroad Retirement Board must coordinate their application of the excess earnings deduction, ensuring that dual beneficiaries do not have more than fifty percent of their excess earnings recouped in total.
• State v. Gray
  154 Fla. 255· Fla.· 1944-03-09 ·cited 19×
  In a mandamus action, the petitioner must clearly demonstrate that a legal duty devolves upon the respondent to perform the requested act. Here, the petitioner failed to meet this burden because the statute required candidate filings with the Secretary of State "not later than th
• Arenas v. Dep't of Hwy. Safety & Motor Vehicles
  90 So. 3d 828· Fla. 2d DCA· 2012-04-27 ·cited 18×
  Ricardo Arenas challenges the suspension of his driver's license for refusing a breath test following a DUI arrest. The court grants his petition for certiorari and remands the case, holding that under the Florida Supreme Court's decision in Hernandez, the lawfulness of his arres
• Manasota-88, Inc. v. Gardinier, Inc.
  481 So. 2d 948· Fla. 1st DCA· 1986-01-07 ·cited 18×
  DER's affirmative decision communicated to M-88 that the proposed operation did not require air pollution permits constitutes agency action under Section 120.52(2), entitling M-88 to a formal hearing where it may present countervailing evidence and challenge any underlying non-ru
• State v. Edwards
  456 So. 2d 575· Fla. 2d DCA· 1984-09-28 ·cited 18×
  Florida appealed a trial court's order placing Edwards in a drug rehabilitation program under section 397.12 for conspiracy to traffic in heroin and trafficking in heroin. The appellate court held that section 397.12 applies only to drug possession offenses, not drug trafficking
• Alberta E. Burns v. United States R.R. Ret. Bd.
  701 F.2d 193· D.C. Cir.· 1983-02-25 ·cited 18×
  The Railroad Retirement Board erred in reducing petitioner's benefits for excess earnings when the Social Security Administration had already done so for the same earnings, as this double reduction contradicts Congress's intent to encourage retired persons to work.
• United States v. Johnson
  696 F.2d 115· D.C. Cir.· 1982-12-21 ·cited 18×
  The D.C. statute's requirement for written authorization for wiretaps is mandatory, and failure to comply necessitates suppression of evidence obtained.
• United States v. Dennise Astrevia Carignan
  600 F.2d 762· 9th Cir.· 1979-07-13 ·cited 18×
  The court held that the district judge did not err in refusing to disqualify himself, refusing to suppress evidence, or refusing probation.
• The Ballard & Cordell Corp. v. Zoller & Danneberg Exploration, Ltd.
  544 F.2d 1059· 10th Cir.· 1976-11-11 ·cited 18×
  The court held that the fractional working interests in oil and gas leases were not 'securities' under the federal securities acts, and affirmed the trial court's finding that the defendant's attempt to terminate the contract was due to the deal becoming unfavorable, not due to t
• State of Fla. & the Travelers Ins. Co. v. Negrin
  306 So. 2d 606· Fla. 1st DCA· 1975-01-28 ·cited 18×·via Statutes In Pari Materia
  The Florida District Court of Appeal resolved a venue dispute in a negligence action against the State of Florida arising from an accident on the Sunshine State Parkway. The court held that F.S. 337.19(3), which governs venue for actions against the Department of Transportation,
• ST. JOE Paper Co. v. Brown
  223 So. 2d 311· Fla.· 1969-05-28 ·cited 18×
  A taxpayer challenging an assessment of forestry lands must present evidence reflecting fair market value or standing timber value to make out a prima facie case of excessive assessment; an income-based valuation method alone that ignores standing timber value is insufficient. Th
• Giuseppe Errico v. Immigr. & Naturalization Serv.
  349 F.2d 541· 9th Cir.· 1965-07-09 ·cited 18×
  The court held that an alien who procured entry by fraud or misrepresentation, but has close family ties in the U.S., is 'otherwise admissible' under Section 241(f) of the Immigration and Nationality Act and thus saved from deportation, regardless of whether the deportation charg
• Ricker J. Kleinfelter, Sr. v. The United States
  318 F.2d 929· Ct. Cl.· 1963-06-07 ·cited 18×
  The court held that the plaintiff is entitled to the remedy provided by the Act of June 10, 1948, for compensation wrongfully withheld due to an unjustified removal for physical incapacity, even though retirement proceedings were substituted for initial separation proceedings.
• United States v. Montgomery Ward & Co., Inc.
  150 F.2d 369· 7th Cir.· 1945-06-08 ·cited 18×
  The court held that the term 'production' in the War Labor Disputes Act, when construed in pari materia with the Fair Labor Standards Act, includes distribution and therefore authorizes the seizure of a general retail and mail order business like Montgomery Ward's during wartime.
• Graham M. Schorb v. Schorb
  547 So. 2d 985· Fla. 2d DCA· 1989-08-04 ·cited 17×
  In this Florida divorce appeal, the court affirmed the trial court's dissolution judgment in part but reversed on two issues requiring remand: the use of an income-deduction order under section 61.1301 to enforce alimony (which applies only to child support or spousal support whe
• Equal Emp. Opportunity Comm'n v. The Cherokee Nation
  871 F.2d 937· 10th Cir.· 1989-03-28 ·cited 17×
  The ADEA does not apply to the Cherokee Nation because its enforcement would interfere with the tribe's treaty-protected right of self-government, and statutory ambiguities are construed in favor of Indian interests.
• Cardinal v. Wendy's OF S. Fla., Inc.
  529 So. 2d 335· Fla. 4th DCA· 1988-08-03 ·cited 17×
  Appellants Cardinal challenged two post-trial orders: denial of a motion to recuse the trial judge and granting of defendant Wendy's motion for new trial. The Fourth District Court of Appeal denied the recusal petition and affirmed the new trial order, holding that the recusal mo
• Alfonzo L. Dowell and Vivian T. Dowell v. Commissioner OF Internal Revenue
  614 F.2d 1263· 10th Cir.· 1980-02-11 ·cited 17×
  The filing of non-fraudulent amended tax returns starts the three-year limitations period for assessment, even if the original returns were fraudulent.
• Cordrey v. Cordrey
  206 So. 2d 234· Fla. 2d DCA· 1968-01-17 ·cited 17×
  Virginia Cordrey appeals a chancellory decree modifying her 1956 separation agreement with her ex-husband, Dr. Lee James Cordrey. The trial court reduced her alimony payments from one-third of his net income to $1,000 per month based on changed circumstances and Florida's statuto
• King v. King
  82 So. 3d 1124· Fla. 2d DCA· 2012-03-07 ·cited 16×
  The Florida District Court of Appeal reversed a circuit court's reduction of alimony based on the obligee's pre-divorce supportive relationship with a cohabitant. The court held that section 61.14(1)(b) authorizes reduction or termination of alimony only when a supportive relatio
• Crutcher v. Sch. Bd. OF Broward Cnty. & Gallagher Bassett Servs., Inc.
  834 So. 2d 228· Fla. 1st DCA· 2002-10-23 ·cited 16×
  The Florida District Court of Appeal, First District, reversed and remanded a workers' compensation case. The court clarified that while an employer/carrier's failure to provide proper statutory notice can impact the statute of limitations defense, it does not automatically estop
• Comer v. Moore
  817 So. 2d 784· Fla.· 2002-03-14 ·cited 16×
  The court held that the 85% minimum sentence service provision enacted by Chapter 95-294 is valid and not invalidated by prior court decisions finding other legislative acts unconstitutional under the single subject rule.
• Bennie Lee Pearson v. State
  603 So. 2d 676· Fla. 3d DCA· 1992-08-18 ·cited 16×
  Bennie Lee Pearson was convicted of second-degree murder with a firearm and unlawful possession of a firearm during commission of a felony, with sentence enhancement as a habitual and violent offender. The appellate court affirmed the murder conviction but reversed the firearm po
• Greenwood Tr. Co. v. Commonwealth OF Mass.
  971 F.2d 818· 1st Cir.· 1992-08-06 ·cited 16×
  A federally insured bank chartered in Delaware can charge its Massachusetts credit-card customers a late fee on delinquent accounts, notwithstanding a Massachusetts statute prohibiting the practice, because federal law preempts the state statute.
• In re Vause v. Cap. Poly BAG, Inc.
  886 F.2d 794· 6th Cir.· 1989-09-25 ·cited 16×
  The court held that 'rent due under such lease' in 11 U.S.C. § 502(b)(6)(B) means rent 'owing,' not just 'matured and payable,' allowing claims for rent that had accrued but was not yet contractually payable at the time of bankruptcy filing.
• Mackie Roy Allen v. State
  424 So. 2d 101· Fla. 1st DCA· 1982-12-16 ·cited 16×
  Allen was convicted of attempted first-degree murder and attempted robbery with a firearm. The trial court instructed the jury that it could not acquit based on self-defense if the defendant was being arrested by a law enforcement officer, but the appellate court found this instr
• Gunite Works, Inc. v. Lovett
  392 So. 2d 910· Fla. 1st DCA· 1980-01-16 ·cited 16×
  This case addresses the effective date of Section 440.12(2)(a) of the Florida Statutes regarding workers' compensation rates, determining whether amendments by two consecutive 1979 legislative enactments applied as of July 1 or August 1, 1979.
• Strachan Shipping Co. & Am. Mut. Ins. Co. v. Davis
  571 F.2d 968· 5th Cir.· 1978-04-24 ·cited 16×
  The court held that the "knowledge" required to trigger exceptions to the time limitations under the Longshoremen's and Harbor Workers' Compensation Act means knowledge that the illness is job-related, not merely knowledge of the existence of an illness.
• In the Interest of J. W. H. J. H. N. v. State
  345 So. 2d 871· Fla. 1st DCA· 1977-05-18 ·cited 16×
  Juvenile appellants challenged their delinquency adjudications, arguing they were denied speedy trial rights due to a four-month delay between arrest and intake complaint filing. The court held that the mandatory three-day reporting requirement in Florida Statutes Section 39.03(2