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

• Dickenson v. Cahoon
  107 Fla. 155· Fla.· 1932-10-24 ·cited 13×·via In Pari Materia Construction
  The Florida Supreme Court held that Chapter 14764 (Acts of 1931), which regulates certificated motor vehicles operating for compensation, establishes an independent and complete regulatory scheme that exempts such vehicles from the general 16,000-pound weight limit imposed by Sec
• Dep't of Hwy. Safety & Motor Vehicles v. Icaza
  37 So. 3d 309· Fla. 5th DCA· 2010-04-16 ·cited 12×
  The Florida Fifth District Court of Appeal granted the Department of Highway Safety and Motor Vehicles' petition for writ of certiorari to review a circuit court decision that quashed a driver's license suspension for refusal to submit to a breath-alcohol test. The court held tha
• Hernandez v. Dep't of Hwy. Safety & Motor Vehicles
  995 So. 2d 1077· Fla. 1st DCA· 2008-11-21 ·cited 12×
  The Florida District Court of Appeal reviewed whether a hearing officer in an administrative license suspension proceeding must consider the legality of an arrest when the suspension is based on refusal to submit to a breath test. The court held that because Florida law condition
• Gopman v. Dep't of Educ.
  908 So. 2d 1118· Fla. 1st DCA· 2005-07-25 ·cited 12×
  Daniel Gopman appealed the Florida Department of Education's denial of his Bright Futures Scholarship eligibility, challenging both the denial itself and the DOE's refusal to grant a formal administrative hearing. The court held that the Administrative Procedure Act applies to DO
• McGRAW v. R & R Invs., Ltd.
  877 So. 2d 886· Fla. 1st DCA· 2004-07-20 ·cited 12×
  Patricia McGraw, an equine trainer, sued R and R Investments after being thrown by a horse owned by R & R. The trial court granted summary judgment to R & R based on equine activity immunity under Florida Statute § 773.02. The appellate court reversed, holding that R & R's failur
• Robinson v. Shands Teaching Hosp. & Crawford & Co.
  625 So. 2d 21· Fla. 1st DCA· 1993-09-14 ·cited 12×
  In this workers' compensation case, Katherine Robinson appealed an order denying reimbursement for past psychiatric treatment and authorization of future treatment by Dr. Springer, arguing that the authorized psychologist could not provide equivalent care. The court affirmed, hol
• Singleton v. State
  582 So. 2d 657· Fla. 1st DCA· 1991-06-13 ·cited 12×
  Robert Singleton appealed his sentence for lewd and lascivious conduct with a child, challenging three aspects: court costs imposed without notice, delegation of sexual abuse counseling determinations to a probation officer, and imposition of imprisonment, fine, and probation in
• Flossie E. LEE v. Thornburgh
  877 F.2d 1053· D.C. Cir.· 1989-06-27 ·cited 12×·via In Pari Materia Doctrine
  The National Historic Preservation Act's obligations are triggered only when a federal agency has the authority to license a project or approve expenditures for it; tangential involvement or encouragement does not suffice.
• Common Cause v. Fed. Election Comm'n
  842 F.2d 436· D.C. Cir.· 1988-03-15 ·cited 12×·via In Pari Materia Doctrine
  The dissenting judge would hold that the FEC's interpretation of 2 U.S.C. § 432(e)(4) defies common sense and Congress's intent to prevent confusion.
• J.H. Pritchard v. JAX Liquors, Inc.
  499 So. 2d 926· Fla. 1st DCA· 1986-12-24 ·cited 12×
  Pritchard appealed the dismissal of his negligence action against Jax Liquors under Florida's dram shop statute (§ 768.125). The court reversed, holding that the civil statute does not incorporate the written notice requirement from the separate criminal statute (§ 562.50) and th
• Escambia Cnty. Council ON Aging & Auto-Owners Ins. Co. v. Goldsmith
  465 So. 2d 655· Fla. 1st DCA· 1985-03-26 ·cited 12×
  The Florida Court of Appeal reversed a workers' compensation order awarding permanent total disability (PTD) benefits without apportionment, holding that PTD benefits are subject to apportionment based on permanent impairment attributable to pre-existing conditions rather than di
• Brewster Phosphates v. State
  444 So. 2d 483· Fla. 1st DCA· 1984-01-10 ·cited 12×
  Brewster Phosphates and International Minerals & Chemical Corporation appealed the Florida Department of Environmental Regulation's designation of a section of the Little Manatee River as Outstanding Florida Waters (OFW), claiming the designation violated constitutional and statu
• Fortman v. Freedom Fed. Sav. & Loan Ass'n of Tampa
  403 So. 2d 985· Fla. 2d DCA· 1980-12-17 ·cited 12×
• Dade Cnty. v. The Honorable H. Paul Baker
  362 So. 2d 151· Fla. 3d DCA· 1978-09-12 ·cited 12×
  Dade County petitioned for certiorari review of a circuit court order granting the Public Defender's motion to withdraw from appellate representation of an indigent defendant and appointing a special assistant public defender due to excessive caseloads. The court held that caselo
• Hauser v. DR. Chatelier's Plant Food Co., Inc.
  350 So. 2d 548· Fla. 2d DCA· 1977-10-05 ·cited 12×
  A final judgment entered against a garnishee after default must be supported by evidence of indebtedness, even if the garnishee fails to respond to the writ.
• Moore v. State
  343 So. 2d 601· Fla.· 1977-02-25 ·cited 12×
  The Florida Supreme Court resolved a conflict between district courts regarding whether the procedural requirements of Section 775.11 apply to recidivist sentencing under Section 775.084. The Court held that Section 775.11's formal procedures were not required when the trial cour
• United States & Arthur A. Ronat v. Kendrick
  518 F.2d 842· 7th Cir.· 1975-07-10 ·cited 12×·via In Pari Materia Construction
  The appellate court reviewed an order appointing a special receiver for a hospital due to allegations of mismanagement, self-enrichment by an officer, and impending insolvency, and the potential sale of the hospital that would eliminate minority stockholders' equity.
• United States v. Fisher
  456 F.2d 1143· 10th Cir.· 1972-03-15 ·cited 12×
  The court held that the trial court erred in instructing the jury that Selective Service Regulation 1641.3 required a written communication of a change of address, as the regulation itself does not specify the method of communication.
• State v. Moss
  206 So. 2d 692· Fla. 2d DCA· 1968-02-09 ·cited 12×
  The State of Florida appealed the quashing of an amended criminal information charging Norman Moss with leaving the scene of an accident. The District Court of Appeal reversed, finding that none of the defendant's six grounds for quashing the information were legally sufficient,
• Waterman-Bic PEN Corp. v. United States
  332 F.2d 711· 2d Cir.· 1964-06-09 ·cited 12×
  Amounts credited to a retailer for local advertising under a cooperative program do not constitute price readjustments entitling a manufacturer to an excise tax refund prior to the 1960 amendment.
• Polar ICE Cream & Creamery Co. v. Andrews
  150 So. 2d 504· Fla. 1st DCA· 1963-03-07 ·cited 12×
  The Florida District Court of Appeal quashed an order by the Florida Milk Commission revoking a milk distributor's license because the Commission failed to make findings of fact to support its decision, which violated the Administrative Procedure Act. The court held that administ
• Banyan Cafeterias, Inc. v. The Faith Lutheran Church OF Hialeah
  151 So. 2d 426· Fla.· 1963-02-20 ·cited 12×
  The Florida Supreme Court held that Faith Lutheran Church had sufficient standing to challenge the issuance of a liquor license to Banyan Cafeterias located within 1500 feet of the church, resolving a conflict among district courts regarding whether declaratory relief and injunct
• Home Indem. Co. v. McADAMS
  139 So. 2d 433· Fla. 3d DCA· 1962-04-03 ·cited 12×
  Home Indemnity Company appeals from an order determining its pro rata recovery rights under Florida's Workmen's Compensation Act after an employee's third-party tort settlement. The court holds that a compensation carrier is entitled to pro rata subrogation rights under subsectio
• United States v. Lutz
  295 F.2d 736· 5th Cir.· 1961-11-03 ·cited 12×
  The court held that the Government cannot recover under common law theories because the contract shifted the risk of loss to the seller, and that recovery under 31 U.S.C. § 192 requires proof of corporate insolvency when payments to other creditors were made.
• Bedenbaugh v. Emory T. Adams
  88 So. 2d 765· Fla.· 1956-05-23 ·cited 12×
  The Florida Supreme Court reversed an injunction prohibiting Columbia County from funding a hog cholera inoculation program administered by non-veterinarian county agents, holding that the Florida Livestock Board's statutory authority to 'treat' animals for dangerous transmissibl
• Sodi, Inc. v. Salitan
  68 So. 2d 882· Fla.· 1953-12-08 ·cited 12×
  A Florida corporation borrowed money on a chattel mortgage at an interest rate exceeding 10% per annum and sought to defend against foreclosure by pleading usury. The court held that the 1953 repeal of the statute prohibiting corporations from pleading usury restored that defense
• Palmquist v. Johnson
  41 So. 2d 313· Fla.· 1949-06-24 ·cited 12×·via Statutes In Pari Materia
  The Florida Supreme Court reversed a lower court's decree that quieted title to land in favor of tax deed holders. The court found that the tax deed holders failed to bring suit for possession within the statutory four-year period, despite the original owners remaining in continu
• Meyer v. United States
  175 F.2d 45· 2d Cir.· 1949-06-01 ·cited 12×
  Premiums paid on life insurance for a person financially interested in a business, where the taxpayer is a beneficiary, are not deductible, even if paid for the conservation of income-producing property.
• State v. Sholtz
  125 Fla. 361· Fla.· 1936-09-30 ·cited 12×·via Statutes In Pari Materia
  A bond holder sought mandamus to compel state officials to pay matured bonds and interest coupons from gasoline tax revenues pledged under a 1927 special act authorizing Union County to issue road bonds. The Florida Supreme Court held that subsequent legislative amendments to the
• Wyche v. Fla. Unemployment Appeals Comm'n
  469 So. 2d 184· Fla. 3d DCA· 1985-05-21 ·cited 11×
  A plea of no contest to criminal charges does not constitute an admission of guilt and cannot be used as evidence to establish misconduct in connection with employment for purposes of disqualifying an employee from unemployment compensation benefits.
• Morrison Cafeteria Co. OF Nashville, Inc. v. Johnson
  344 F.2d 690· 6th Cir.· 1965-05-04 ·cited 11×
  The appeal is dismissed as moot because the Civil Rights Act of 1964 rendered the underlying controversy moot, and the court denied the motion to vacate the district court's remand order.
• THE State OF Fla. ON THE Relation OF Millard F. Caldwell v. LEE
  157 Fla. 773· Fla.· 1946-07-19 ·cited 11×
  Florida's Supreme Court upheld the constitutionality of the 1945 Building Program Act, which authorized the Budget Commission to identify surplus funds from state agencies and transfer them to a State Building Fund for post-war construction projects. The court rejected the Comptr
• Gonzales v. Sullivan
  16 Fla. 791· Fla.· 1878-06-01 ·cited 11×
  The Florida Supreme Court held that the Pensacola & Alabama Railroad, though not originally designated in the 1855 Internal Improvement Act, became entitled to tax exemption when the Legislature designated it as a proper improvement to be aided from the Internal Improvement Fund
• Bd. OF Cnty. Comm'rs Broward Cnty. Fla. v. Parrish
  154 So. 3d 412· Fla. 4th DCA· 2014-12-10 ·cited 10×
  The Board of County Commissioners of Broward County appealed a circuit court's grant of mandamus relief requiring it to fund the property appraiser's budget in the amount approved by the Florida Department of Revenue (FDOR), despite the Board's pending appeal to the Administratio
• Oregrund Ltd. P'ship v. Sheive
  873 So. 2d 451· Fla. 5th DCA· 2004-05-07 ·cited 10×·via In Pari Materia Construction
  Oregrund Limited Partnership and Euramerican Investment Consultants Corp. challenged the trial court's dismissal of their complaint alleging usury against investors who structured a sale-leaseback transaction involving valuable real estate. The Fifth District Court of Appeal reve
• DELTA Prop. Mgmt. v. Profile Invs., Inc.
  830 So. 2d 867· Fla. 1st DCA· 2002-10-14 ·cited 10×
  Delta Property Management challenges a summary judgment quieting title in favor of Profile Investments, which purchased property at a tax sale. The court affirms, holding that the clerk of the circuit court satisfied statutory notice requirements by relying exclusively on the tax
• Mack v. Bristol-Myers Squibb Co. & Mead Johnson & Co.
  673 So. 2d 100· Fla. 1st DCA· 1996-05-07 ·cited 10×
  The Florida District Court of Appeal reversed a trial court's dismissal of a class action lawsuit brought by indirect purchasers of infant formula under the Florida Deceptive and Unfair Trade Practices Act (DTPA), holding that consumers have standing to sue for price-fixing condu
• State v. Delgrasso
  653 So. 2d 459· Fla. 2d DCA· 1995-04-07 ·cited 10×
  Florida appeals the trial court's post-verdict judgment of acquittal and dismissal of hazardous waste storage charges against the owner of a mobile home park. The court reverses, holding that section 403.727 is not unconstitutionally vague, that the owner is within the class of p
• United States v. Mills
  964 F.2d 1186· D.C. Cir.· 1992-05-29 ·cited 10×
  An arrest in connection with District of Columbia charges, rather than federal charges, does not trigger the Speedy Trial Act's 30-day indictment requirement.
• United States v. Sanchez
  923 F.2d 236· 1st Cir.· 1991-01-25 ·cited 10×
  The court held that the condition of supervised release ordering deportation is valid only if interpreted to allow for deportation proceedings under the Immigration and Naturalization Act, not as an automatic deportation without a hearing.
• Great Outdoors Trading, Inc. v. City OF High Springs
  550 So. 2d 483· Fla. 1st DCA· 1989-08-04 ·cited 10×·via In Pari Materia Construction
  Great Outdoors Trading, Inc. appeals the denial of its petition for a permanent injunction to prevent the City of High Springs from enforcing a zoning ordinance that repealed an amendment allowing the sale of beer and wine at its cafe location. The court affirmed, holding that th
• State v. Nealy
  532 So. 2d 1117· Fla. 2d DCA· 1988-10-21 ·cited 10×
  The State appealed a trial court's sentence of a youthful offender to four years in the Department of Corrections, arguing that the court failed to provide written reasons for departing downward from sentencing guidelines. The court affirmed, holding that sentencing under the You
• Kiernan v. State
  485 So. 2d 460· Fla. 1st DCA· 1986-03-11 ·cited 10×
  The court granted the public defender's motions to withdraw from representing indigent defendants on appeal due to severe underfunding and staffing shortages, allowing for the appointment of alternative counsel.
• Darby v. State
  463 So. 2d 496· Fla. 1st DCA· 1985-02-11 ·cited 10×
  The court held that the convenience of trying co-defendants together is not an exceptional circumstance justifying an extension of speedy trial time when a defendant's right to a speedy trial is at stake.
• Canter v. Fla. Parole & Prob. Comm'n
  409 So. 2d 227· Fla. 1st DCA· 1982-02-04 ·cited 10×
  George Muncie Canter appealed the Florida Parole and Probation Commission's denial of his request for a second review of his presumptive parole release date (PPRD). The court affirmed the Commission's denial, holding that inmates are entitled to only one review of their PPRD and
• United States v. Papercraft Corp.
  540 F.2d 131· 3d Cir.· 1976-07-09 ·cited 10×
  The court held that the civil penalty for violating an FTC divestiture order issued under the Clayton Act must be assessed with reference to the Clayton Act's maximum penalty, not the higher FTC Act penalty, and that the district court's determination of the penalty calculation s
• Robert v. Johnson and Viola Johnson
  333 So. 2d 542· Fla. 3d DCA· 1976-05-04 ·cited 10×
  The court held that the date of judicial adjudication of insolvency, not the actual date of insolvency, controls for determining uninsured motorist coverage under Florida law.
• Gomez v. Jackson Mem'l Hosp.
  309 So. 2d 564· Fla. 3d DCA· 1975-03-25 ·cited 10×
  The filing of a caveat tolls the statute of limitations for claims against an estate, even if the claim is filed more than three years after the decedent's death.
• Reynolds v. State
  293 So. 2d 743· Fla. 3d DCA· 1974-04-16 ·cited 10×
  Reynolds appeals the denial of his motion to vacate a probation revocation sentence. The court reverses, holding that a trial court's failure to suspend any portion of a county jail sentence renders the subsequent probation void ab initio, preventing revocation and imposition of
• O'Brien v. Mitchell
  190 So. 2d 189· Fla. 1st DCA· 1966-09-27 ·cited 10×
  In a negligence action stemming from an automobile accident, the administrator of the defendant's estate appealed the denial of his motion to dismiss for improper venue. The court upheld venue in Escambia County where the administrator resides, rejecting the argument that venue s