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

• Facion v. State
  290 So. 2d 75· Fla. 2d DCA· 1974-02-20 ·cited 16×
  Lonnie Facion challenged his conviction for carrying a concealed firearm, arguing he fell within a statutory exception for persons possessing arms "at his home or place of business." The court held that Facion, though arrested near his apartment in a common area of the complex, f
• Dade Fed. Sav. & Loan Ass'n v. Miami Title & Abstract Div. OF Am. Title Ins. Co.
  217 So. 2d 873· Fla. 3d DCA· 1969-01-14 ·cited 16×
  This case interprets Florida's 1967 amendment to the judgment lien statute, determining what must be recorded and where to create a valid judgment lien on real estate. The court holds that a certified copy of a judgment or decree must be recorded in either the Judgment Lien Book
• The Bd. OF Pub. Instruction OF Hendry Cnty. v. State ex rel. Joe A. Hilliard
  188 So. 2d 337· Fla. 2d DCA· 1966-01-28 ·cited 16×
  The Board of Public Instruction of Hendry County levied 8.5 mills in school taxes for the 1965-66 fiscal year after the county's assessed property values tripled. The circuit court found this levy illegal under Florida Statute § 193.03, which required proportionate reduction of m
• United States v. Harrison & Grimshaw Constr. Co.
  305 F.2d 363· 10th Cir.· 1962-06-15 ·cited 16×
  The dissenting judge believes that housing projects constructed under the Capehart Act are public works of the United States and thus subject to the Miller Act.
• Farid-Es-Sultaneh v. Commissioner of Internal Revenue
  160 F.2d 812· 2d Cir.· 1947-04-11 ·cited 16×
  The dissenting opinion argues that the majority incorrectly assumed definitions of 'gift' differ between tax statutes and that the stock transfer was a purchase of dower rights rather than a gift.
• State v. Miles W. Lewis
  125 Fla. 816· Fla.· 1936-10-19 ·cited 16×
  This case concerns the constitutionality of Section 39 of Florida's Workmen's Compensation Law (Chapter 17481, Acts of 1935). The court held that the title of the Act was sufficient to encompass Section 39, which deals with an employer's right to recover damages from a third part
• Coyne v. Coyne
  895 So. 2d 469· Fla. 2d DCA· 2005-02-09 ·cited 15×
  James Coyne appealed a final judgment of dissolution of marriage, challenging child support, equitable distribution, alimony denial, and custody/visitation provisions. The court affirmed most issues but reversed the custody and visitation provisions, finding the trial court abuse
• Denmark v. State
  538 So. 2d 68· Fla. 1st DCA· 1989-01-27 ·cited 15×
  Charlie Denmark appeals his convictions for attempted armed robbery, aggravated assault, attempted kidnapping with a firearm, and use of a firearm during felony commission. The Florida First District Court of Appeal reverses the aggravated assault and firearm convictions, finding
• Sentry Ins. v. Brown
  424 So. 2d 780· Fla. 1st DCA· 1982-04-15 ·cited 15×
  Sentry Insurance appealed a trial court decision that found its refusal to renew an elderly policyholder's automobile insurance was arbitrary, capricious, and discriminatory based on age. The appellate court reversed, holding that Sentry's nonrenewal was based on legitimate under
• Indus. Nat'l Mortg. Co. v. Blake
  406 So. 2d 103· Fla. 3d DCA· 1981-11-24 ·cited 15×
  Industrial National Mortgage Company, a Rhode Island corporation, challenged a tax assessment on its apartment complex in Dade County but was barred from maintaining its action because it failed to comply with Florida's statutory requirement that foreign corporations file annual
• Selfway, Inc. v. Travelers Petroleum, Inc.
  579 F.2d 75· C.C.P.A.· 1978-06-15 ·cited 15×
  The dissenting judges believe the majority erred in its interpretation of the Lanham Act, specifically section 18, by narrowly construing the Commissioner's powers regarding registration cancellation and restriction.
• Hodgson v. Barr Ewing
  451 F.2d 526· 5th Cir.· 1971-11-24 ·cited 15×
  Employees engaged in land leveling for agricultural production are covered by the Fair Labor Standards Act, and the Secretary of Labor has jurisdiction under § 17 to restrain withholding of wages, even if the law is unsettled.
• The Nat'l Bank OF Tampa v. Green
  175 So. 2d 545· Fla. 1st DCA· 1965-05-20 ·cited 15×
  The National Bank of Tampa challenged the State Banking Commissioner's decision to issue a charter for a competing bank located one mile away. The court held that while the Commissioner's discretion in approving bank charters is not absolute and subject to judicial review, the pl
• Scherer v. Volusia Cnty. Dep't OF Corr. & Volusia Cnty. Risk Mgmt.
  171 So. 3d 135· Fla. 1st DCA· 2015-07-08 ·cited 14×
  A correctional officer appeals a workers' compensation denial based on his ineligibility for the statutory heart disease presumption under section 112.18. The court reverses, holding that the 2010 amendments to section 112.18(1)(b) apply only to claims arising from disablement oc
• Rando v. Gov't Emps. Ins. Co.
  39 So. 3d 244· Fla.· 2010-04-08 ·cited 14×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding whether an automobile insurance policy executed and delivered in Florida can validly prohibit stacking of uninsured motorist coverage across separate policies. The Court held that such ant
• Vill. OF Doral Place Ass'n, Inc. v. RU4 Real, Inc.
  22 So. 3d 627· Fla. 3d DCA· 2009-10-14 ·cited 14×
  The court held that a condominium's common elements, including a swimming pool on common property, cannot be separately sold via tax deed even when the condominium association fails to pay property taxes. The court resolved a conflict between tax deed statutes and condominium law
• Beach v. Great W. Bank
  670 So. 2d 986· Fla. 4th DCA· 1996-01-31 ·cited 14×
  This is a case of first impression in Florida addressing whether a consumer can assert a right to rescind a mortgage under the Truth in Lending Act (TILA) as a recoupment defense in a foreclosure action after the three-year statutory period has expired. The court holds that the t
• Seton v. Swann
  650 So. 2d 35· Fla.· 1995-02-16 ·cited 14×
  The Florida Supreme Court held that to establish adverse possession by color of title under section 95.16, a claimant must first show that the disputed property is described in a recorded instrument. The Setons could not acquire title to Swann's land because their deed described
• Braggs v. State
  642 So. 2d 129· Fla. 3d DCA· 1994-09-14 ·cited 14×
  Michael Braggs appeals the denial of his motion to correct an illegal sentence. The court reverses and remands for resentencing, holding that Braggs is entitled to be resentenced under pre-guidelines law because the sentencing guidelines he elected in 1984 were later declared unc
• Young v. Dep't OF Cmty. Affairs
  625 So. 2d 831· Fla.· 1993-09-09 ·cited 14×
  The Florida Supreme Court held that when the state land planning agency appeals a development order to the Florida Land and Water Adjudicatory Commission under section 380.07, the state agency bears both the ultimate burden of persuasion and the burden of going forward with evide
• Scardino v. Unemployment Appeals Comm'n & Georgia-Pacific Corp.
  603 So. 2d 549· Fla. 1st DCA· 1992-07-09 ·cited 14×
  The court held that the Unemployment Appeals Commission erred in reversing the appeals referee's finding that the employee's single unauthorized absence for a compelling personal reason did not constitute misconduct disqualifying her from unemployment benefits.
• Ayala-Chavez v. U.S. Immigr. & Naturalization Serv.
  945 F.2d 288· 9th Cir.· 1991-09-20 ·cited 14×
  The 1990 amendment eliminating automatic stays of deportation for aggravated felonies does not apply to convictions that occurred prior to the enactment of the Anti-Drug Abuse Act of 1988.
• State v. Ernie Ray Holley
  480 So. 2d 94· Fla.· 1985-12-12 ·cited 14×
  A defendant may defend himself against the unlawful or excessive force used by a law enforcement officer during arrest, and the trial court erred in instructing the jury that a person is never justified in using any force to resist arrest.
• The Commonwealth OF Mass. v. Sec'y OF Health & Human Servs.
  749 F.2d 89· 1st Cir.· 1984-11-28 ·cited 14×
  The court held that the Secretary of Health and Human Services reasonably interpreted the Medicaid statute to define 'overpayments' as the federal share of unrecovered interim advances to providers, even if the state could not recoup these sums.
• Orange Cnty. Police Benevolent Ass'n v. City OF Casselberry & Fla. Pub. Emps. Relations Comm'n
  457 So. 2d 1125· Fla. 1st DCA· 1984-10-16 ·cited 14×
  The Orange County Police Benevolent Association challenged the Public Employees Relations Commission's rejection of a hearing officer's finding that the City of Casselberry committed an unfair labor practice by insisting to impasse on excluding discharge and demotion disputes fro
• Boyd-Scarp Enters., Inc. v. Saunders
  453 So. 2d 161· Fla. 1st DCA· 1984-07-19 ·cited 14×
  A master electrician and sole proprietor was injured while performing electrical work for a general contractor. The court reversed the deputy commissioner's workers' compensation award, holding that the claimant was an independent contractor rather than an employee, and as a sole
• United States v. Vince Giovengo
  637 F.2d 941· 3d Cir.· 1980-12-31 ·cited 14×
  The court held that the federal wire fraud statute applies to interstate wire communications used to execute a fraudulent scheme, even if those communications are not directly regulated by the FCC, as long as the use of the wires is essential to the scheme.
• Soule v. Adelia Rosasco-Soule
  386 So. 2d 862· Fla. 1st DCA· 1980-08-14 ·cited 14×
  John Edward Soule appeals from denial of his motion to dismiss for lack of personal jurisdiction in his wife's action for alimony and property division in Florida. The court reverses, holding that Florida's long-arm statute requires not only that the defendant previously resided
• Powell v. Genung
  306 So. 2d 113· Fla.· 1974-12-04 ·cited 14×
  A trial court retains continuing jurisdiction over a defendant acquitted by reason of insanity to hold him in custody and determine whether he remains manifestly dangerous to the public, notwithstanding the hospital's finding that he is no longer dangerous and recommendation for
• State of Fla. ex rel. Kenneth J. Miller v. The Honorable William A. Patterson
  284 So. 2d 9· Fla. 2d DCA· 1973-10-17 ·cited 14×
  A Florida appellate court granted prohibition to prevent a defendant from being prosecuted for a felony charge after he pleaded guilty to a related misdemeanor charge in county court. The court held that the misdemeanor violation of Florida Statute § 316.027(1) (failure to remain
• Miller v. Duke
  155 So. 2d 627· Fla. 1st DCA· 1963-07-16 ·cited 14×
  The Florida District Court of Appeal resolved a mechanic's lien dispute where a materialman sought to recover the full value of materials supplied to a project that was abandoned before completion, when the owner's contract with the contractor was based on conveyance of real prop
• Nat'l Labor Relations Bd. v. Packard Motor CAR Co. & (Foreman's League FOR Educ. & Ass'n
  157 F.2d 80· 6th Cir.· 1946-08-12 ·cited 14×
  The court denied the petition for rehearing.
• State v. Johnson
  109 Fla. 263· Fla.· 1933-03-24 ·cited 14×
  A certificate holder seeks mandamus to compel the State Board of Administration to pay his matured Ocean Shore Improvement District certificates from available funds. The court holds that while certificate holders have a right to participate in Board-administered funds on a parit
• The State of Fla. ex rel. v. The Cnty. Comm'rs of Volusia Cnty.
  28 Fla. 793· Fla.· 1891-06-01 ·cited 14×·via In Pari Materia Construction
  The Florida Supreme Court upheld the Board of County Commissioners' authority to reduce a school tax levy from five mills to three and three-quarter mills, despite the School Board's request for five mills. The Court held that the tax levy acts of 1889 and 1891 granted County Com
• The State of Fla. ex rel. Frank Mira v. Smith
  26 Fla. 427· Fla.· 1890-06-01 ·cited 14×
  Florida's Supreme Court held that the Local Option Article of the 1886 Constitution does not repeal the liquor licensing statute of 1883, which requires a petition signed by a majority of registered voters in an election district as a prerequisite for obtaining a liquor license.
• John DOE, M.D. v. Dep't OF Health
  948 So. 2d 803· Fla. 2d DCA· 2006-12-27 ·cited 13×·via In Pari Materia Doctrine
  Dr. John Doe, a physician under disciplinary investigation, challenged the Department of Health's subpoena seeking peer review records from a hospital. The court held that the Department may access peer review records under sections 458.331(9) and 458.337(3) for physician discipl
• Fla. Pub. Emps. Council 79, AFSCME, AFL-CIO v. State
  921 So. 2d 676· Fla. 1st DCA· 2006-01-24 ·cited 13×
  The Florida First District Court of Appeal reversed the Public Employees Relations Commission's dismissal of an unfair labor practice charge brought by a public employees union against the State of Florida. The court held that a layoff rule containing bumping provisions remained
• Temporary Labor Source v. E.H.
  765 So. 2d 757· Fla. 1st DCA· 2000-06-08 ·cited 13×
  A workers' compensation case involving a claimant whose leg was amputated after falling from a garbage truck. The court affirmed that the employer failed to establish the statutory presumption of intoxication due to non-compliance with administrative drug testing rules, but rever
• Ocean Trail Unit Owners Ass'n, Inc. v. States Mead and William Brister
  650 So. 2d 4· Fla.· 1994-11-10 ·cited 13×
  A condominium association may enforce a special assessment to pay judgments and costs incurred in litigation arising from the association's unauthorized acts, because the existence of valid judgments against the association creates a common expense that threatens the common eleme
• Ellis v. N.G.N. OF Tampa, Inc.
  561 So. 2d 1209· Fla. 2d DCA· 1990-04-18 ·cited 13×
  A guardianship plaintiff sued a liquor vendor for serving alcoholic beverages to her ward, a habitual drunkard who subsequently injured himself in a one-car accident. The court affirmed dismissal of the complaint, holding that civil liability under Florida's liquor vendor liabili
• In re Revco D.S., Inc. v. Revco D.S., Inc.
  898 F.2d 498· 6th Cir.· 1990-03-14 ·cited 13×
  A United States bankruptcy trustee has standing under 11 U.S.C. § 307 to appeal a bankruptcy court's refusal to appoint an examiner, and 11 U.S.C. § 1104(b)(2) mandates such an appointment when specified debt thresholds are met.
• ST. JOE Paper Co. v. Fla. Dep't of Natural Res.
  536 So. 2d 1119· Fla. 1st DCA· 1988-12-21 ·cited 13×
  St. Joe Paper Company challenged a coastal construction control line (CCCL) imposed on its Gulf County property by filing a complaint for declaratory judgment in circuit court. The Florida appellate court affirmed the dismissal of the complaint, holding that St. Joe failed to exh
• O'Kon & Co., Inc. v. Riedel
  540 So. 2d 836· Fla. 1st DCA· 1988-12-14 ·cited 13×
  O'Kon and Company, Inc., a Georgia corporation, filed a mechanic's lien for architectural services performed on a Florida hotel project despite lacking Florida registration or certification as required by state law. The court held that O'Kon could not enforce a mechanic's lien un
• Grice v. State
  528 So. 2d 1347· Fla. 1st DCA· 1988-08-08 ·cited 13×
  Leo Grice appealed the trial court's order amending his sentence to require restitution payments as a condition of probation, arguing this constituted an impermissible increase in his original sentence. The First District Court of Appeal affirmed, holding that restitution is a ma
• Karmun v. Commissioner OF Internal Revenue
  749 F.2d 567· 9th Cir.· 1984-12-12 ·cited 13×
  Income derived by Alaskan natives from the sale of reindeer and reindeer products is not exempt from federal income taxation under the Reindeer Act.
• Cmty. Fed. Sav. & Loan Ass'n of the Palm Beaches v. Wright
  452 So. 2d 638· Fla. 4th DCA· 1984-06-20 ·cited 13×
  Community Federal Savings and Loan Association appealed from an order setting aside a default judgment in a mortgage foreclosure proceeding against a minor ward. The court held that the foreclosure judgment was void because the minor property owner was never made a party to the a
• Jones v. ST. Louis-San Francisco Ry. Co.
  728 F.2d 257· 6th Cir.· 1984-02-14 ·cited 13×
  The court held that an arbitration award rendered by a Public Law Board under the Railway Labor Act is invalid if a majority of the board members who render the award did not participate in the hearing or deliberations, and if the award is rendered after an unreasonable delay, ca
• Thomason v. Schweiker
  692 F.2d 333· 4th Cir.· 1982-11-02 ·cited 13×
  The court held that the district court lacked subject matter jurisdiction to review the ALJ's attorney fee award and that the attorney was not denied due process by the lack of an evidentiary hearing.
• The Magnolias Nursing & Convalescent Ctr. v. Dep't of Health & Rehabilitative Servs.
  428 So. 2d 256· Fla. 1st DCA· 1982-08-25 ·cited 13×
  A notice of appeal filed on behalf of a corporation by an attorney not licensed in Florida, in an administrative proceeding, does not divest the appellate court of jurisdiction.
• Carter v. State
  238 So. 2d 681· Fla. 1st DCA· 1970-09-01 ·cited 13×
  Milton Carter was convicted of receiving stolen cigarettes, but the Florida District Court of Appeal reversed and remanded because the state violated his Fourth Amendment rights by conducting a warrantless search of his store based on pretextual authority granted to a beverage ag