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

• City OF Miami v. Jafra Steel Corp. & the Dixie Dredge Corp.
  184 So. 2d 178· Fla.· 1966-03-09 ·cited 10×
  The Florida Supreme Court resolved a jurisdictional conflict between two procedural rules governing counterclaims in civil court. The City of Miami sued for unpaid taxes in Civil Court of Record, and the defendant filed a counterclaim exceeding that court's jurisdiction, promptin
• Larrabee v. Capeletti Bros., Inc.
  158 So. 2d 540· Fla. 3d DCA· 1963-12-13 ·cited 10×
  In this personal injury appeal, the trial court granted a new trial limited to the issue of liability after a jury verdict of $10,000 for the plaintiff. The court held that an ordinance requiring rear-view mirrors on motor vehicles applied only to public streets and roads, not pr
• Se. Utils. Serv. Co. & The Fid. & Cas. Co. of N.Y. v. Redding
  131 So. 2d 1· Fla.· 1961-06-07 ·cited 10×
  The Florida Supreme Court resolved whether employers or carriers may take depositions of injured employees receiving voluntary workers' compensation before a formal claim is filed. The Court held that Section 440.30, Florida Statutes plainly permits such depositions at any time a
• Durkee Famous Foods, Inc. v. Harrison
  136 F.2d 303· 7th Cir.· 1943-06-01 ·cited 10×
  The court held that the "first domestic processing" tax under Section 602% of the Revenue Act of 1934 applies only to the first processing that occurs after the Act's effective date, not to subsequent processings of oils already processed before the Act's effective date.
• State v. Juvenal
  121 Fla. 69· Fla.· 1935-04-05 ·cited 10×
  The Florida Supreme Court held that a 1933 Act attempting to abolish the office of Probation Officer was unconstitutional. The court found the Act to be defective in its title and body, and to be a special law enacted improperly. Therefore, the relator, a duly appointed Probation
• Tomasello v. The Bd. of Pub. Instructions for Santa Rosa Cnty.
  55 Fla. 341· Fla.· 1908-01-01 ·cited 10×
  The Florida Supreme Court upheld a mandamus order requiring county commissioners to levy a seven-mill tax for county schools, holding that the legislature vested the power to determine school tax millage in the school board rather than county commissioners. This case clarifies th
• Mesen v. State
  271 So. 3d 164· Fla. 2d DCA· 2019-05-03 ·cited 9×
  The term "exposes" in Florida Statutes section 825.1025(4)(a)(2) requires that genitals be visually observable and uncovered, not merely accessible to touch through or under clothing. Because the two witnesses testified they did not see Mesen's genitals, the State failed to prese
• City OF Aventura v. Masone
  89 So. 3d 233· Fla. 3d DCA· 2011-11-30 ·cited 9×
  The City of Aventura appeals a trial court decision invalidating its red light camera ordinance. The appellate court reverses, holding that the ordinance is a valid exercise of municipal home rule powers and does not conflict with Florida's Uniform Traffic Control Law.
• Katherine's BAY, LLC v. Fagan
  52 So. 3d 19· Fla. 1st DCA· 2010-12-14 ·cited 9×·via In Pari Materia Construction
  Katherine's Bay, LLC appeals an administrative decision invalidating a small-scale development amendment to Citrus County's Comprehensive Plan that would have changed the zoning of its property from Low Intensity Coastal and Lakes to Recreational Vehicle Park/Campground. The cour
• Harker v. State USE Indus.
  990 F.2d 131· 4th Cir.· 1993-03-24 ·cited 9×
  The Fair Labor Standards Act (FLSA) does not apply to inmates participating in prison work programs, as their labor is primarily for rehabilitation and not traditional employment.
• ST. JOE Paper Co. v. Dep't OF Revenue
  460 So. 2d 399· Fla. 1st DCA· 1984-11-09 ·cited 9×
  St. Joe Paper Company appeals the Department of Revenue's denial of interest on a corporate income tax overpayment for 1976. The court holds that the nine-month grace period in Section 214.14 for paying interest on overpayments runs from the original tax return filing date, not f
• Daytona Dev. Corp. v. Bergquist
  308 So. 2d 548· Fla. 2d DCA· 1975-02-19 ·cited 9×
  Daytona Development Corporation appealed a judgment quieting title to a "Recreation Unit" in a condominium in favor of unit owners. The court affirmed, holding that under Florida's condominium statute, every condominium unit must have an appurtenant undivided share in the common
• D.G. v. State
  170 So. 3d 1· Fla. 2d DCA· 2015-03-25 ·cited 8×
  D.G. was adjudicated delinquent for two counts of sexual battery. The juvenile court properly found him delinquent and committed him to custody, but erred by imposing a high-risk sex offender program without first obtaining the Department of Juvenile Justice's (DJJ) recommendatio
• Tarpon Springs Hosp. Found., Inc. v. Anderson
  34 So. 3d 742· Fla. 2d DCA· 2010-04-21 ·cited 8×·via In Pari Materia Construction
  The Florida District Court of Appeal reversed in part the ALJ's determination that a certified nurse midwife (Nurse Hilderbrandt) was not a participating physician under the Birth-Related Neurological Injury Compensation Plan, holding that the ALJ erroneously required written doc
• Adams Homes OF Nw. Fla., Inc. v. Cranfill
  7 So. 3d 611· Fla. 5th DCA· 2009-04-03 ·cited 8×
  Adams Homes appeals the trial court's denial of workers' compensation immunity in a tort suit brought by an employee of a materialman who was injured on a construction site. The court holds that materialmen are excluded from the definition of statutory employees under Florida law
• Dep't of Hwy. Safety & Motor Vehicles v. Escobio
  6 So. 3d 638· Fla. 2d DCA· 2009-02-20 ·cited 8×
  The circuit court departed from the essential requirements of law by requiring the hearing officer to consider the legality of the arrest when the driver submitted to a breath-alcohol test and had an unlawful level, as the amended statute limits review to probable cause and unlaw
• Bussey v. Wal-Mart Store # 725 & Integrated Administrators
  867 So. 2d 542· Fla. 1st DCA· 2004-02-27 ·cited 8×
  In this workers' compensation case, the Florida First District Court of Appeal affirmed the denial of temporary partial disability benefits to an employee, holding that an employer/carrier's failure to respond to a petition for benefits within 14 days or to invoke the 120-day "pa
• Munao v. The Homeowners Ass'n OF LA Buona Vita Mobile Home Park, Inc.
  740 So. 2d 73· Fla. 4th DCA· 1999-07-14 ·cited 8×
  Mobile home park owners appeal a trial court judgment reducing lot rental fees and awarding attorney's fees to the homeowners association. The Fourth District affirms, holding that the 1990 amendment to Florida's mobile home park statute applies retroactively, that reasonableness
• THE Florida BAR v. Gersten
  707 So. 2d 711· Fla.· 1998-03-05 ·cited 8×
  The Florida Bar disciplined attorney Joseph M. Gersten for violating professional conduct rules by refusing to comply with a court order requiring him to testify under immunity in a criminal investigation, even after exhausting all appeals. The Florida Supreme Court upheld the su
• McKENZIE Tank Lines, Inc. v. Roman
  645 So. 2d 547· Fla. 1st DCA· 1994-11-16 ·cited 8×
  McKenzie Tank Lines appeals an unemployment compensation decision granting benefits to an employee discharged for testing positive for cocaine. The court affirms, holding that the laboratory drug test report constituted inadmissible hearsay and therefore could not support a findi
• Aspen-Tarpon Springs Ltd. P'ship v. Stuart
  635 So. 2d 61· Fla. 1st DCA· 1994-01-18 ·cited 8×
  Mobile home park owners challenged the constitutionality of two provisions of Florida's Mobile Home Act. The trial court upheld section 723.033 (rent control) as constitutional but struck down section 723.061(2) (relocation/buyout requirements) as an unconstitutional taking of pr
• In the Interest of H.L. v. Woolsey
  618 So. 2d 268· Fla. 1st DCA· 1993-03-25 ·cited 8×
  A juvenile filed a petition for writ of habeas corpus challenging his immediate secure detention after adjudication but before disposition, arguing it violated statutory requirements for detention and risk assessment.
• Troutman v. State
  603 So. 2d 608· Fla. 1st DCA· 1992-07-29 ·cited 8×
  A trial court's decision to impose adult sanctions on a juvenile complies with statutory requirements when a reading in pari materia of the sentencing transcript and written order demonstrates that all six enumerated criteria were considered, even if not addressed in express stat
• Harris AIR Sys., Inc. v. Gentrac, Inc.
  578 So. 2d 879· Fla. 1st DCA· 1991-05-03 ·cited 8×
  Harris Air Systems appeals a judgment dismissing its claim for retainage payments owed by general contractor Gentrac. The court holds that conflicting payment provisions in the general contract and subcontract create an ambiguity that must be resolved against Gentrac, requiring a
• Allied Educ. Corp. v. State
  573 So. 2d 959· Fla. 1st DCA· 1991-01-18 ·cited 8×
  Allied Education Corporation challenged a cease and desist order issued by the Board of Independent Postsecondary Vocational Schools that effectively shut down its Barclay Career School without providing required procedural safeguards. The court held that while the statute author
• Est. OF Joseph Leder v. Commissioner OF Internal Revenue
  893 F.2d 237· 10th Cir.· 1989-12-28 ·cited 8×
  The court held that the constructive transfer doctrine is inapplicable to I.R.C. § 2035(d)(2) because the statute's cross-reference to § 2042 limits its scope to the principles of § 2042, which do not consider premium payments as incidents of ownership.
• Apalachee Reg'l Planning Council v. Brown
  546 So. 2d 451· Fla. 1st DCA· 1989-07-13 ·cited 8×
  The Florida First District Court of Appeal reversed a trial court judgment declaring an administrative rule unconstitutional as an unlawful delegation of legislative power. The court held that the Florida legislature properly delegated to the Apalachee Regional Planning Council t
• Oyster Pointe Resort Condo. Assoc., Inc. v. Nolte
  524 So. 2d 415· Fla.· 1988-03-31 ·cited 8×
  The Florida Supreme Court upheld the constitutionality of section 192.037, which authorizes property appraisers to assess individual fee time-share units separately and to value them using comparable sales prices without deducting extraordinary marketing and financing costs uniqu
• Bonavista Condo. Ass'n, Inc. v. Bystrom
  520 So. 2d 84· Fla. 3d DCA· 1988-02-16 ·cited 8×
  The Florida Third District Court of Appeal affirmed the dismissal of a condominium association's ad valorem tax suit challenging individual unit assessments, holding that the association lacked standing because it failed to join necessary and indispensable parties: the individual
• Crane Rental OF Orlando, Inc. v. Ford S. Hausman
  518 So. 2d 395· Fla. 5th DCA· 1987-12-31 ·cited 8×
  Crane Rental challenged an ad valorem tax assessment on self-propelled cranes, arguing they were motor vehicles exempt under the Florida Constitution. The court affirmed that the cranes were personal property subject to ad valorem taxation because they were designed and used prim
• Prof'l Administrators Ltd. v. Kopper-Glo Fuel, Inc.
  819 F.2d 639· 6th Cir.· 1987-05-26 ·cited 8×
  An arbitration award permitting pension and welfare fund trustees to unilaterally increase contribution rates is unenforceable as it violates public policy requiring wages and benefits to be collectively bargained.
• J.C. Armstrong, Jr. v. Times Publ'g Co.
  481 So. 2d 41· Fla. 1st DCA· 1985-12-18 ·cited 8×
  A change of venue in a libel action is proper when the newspaper defendant maintains no office for transacting customary business, no distribution center, and no sales in the county where suit was filed.
• United States v. Oranna Bumgarner Felter
  752 F.2d 1505· 10th Cir.· 1985-01-17 ·cited 8×
  The court held that the 1954 Act did not abrogate the right of mixed-blood Ute Indians to hunt and fish on reservation land, and the Government failed to prove the defendant violated any applicable tribal regulation.
• The Wash. Post Co. v. United States Dep't OF State
  685 F.2d 698· D.C. Cir.· 1982-08-13 ·cited 8×·via Statutes In Pari Materia
  The court denied the suggestion for rehearing en banc.
• Bigler v. Dep't OF Banking & Fin.
  394 So. 2d 989· Fla.· 1981-02-19 ·cited 8×
  A statute regulating bank charter applications does not unlawfully delegate legislative authority merely because it uses general terms such as 'need' and 'community,' when read in pari materia with detailed criteria that channel and define the agency's investigative and approval
• Miller v. The United States
  597 F.2d 614· 7th Cir.· 1979-05-09 ·cited 8×
  The court held that the United States, as owner of a recreational area primarily maintained for public use, is not protected by the Illinois Recreational Use of Land and Water Areas Act and was negligent in failing to warn of dangerous conditions.
• Stanfill v. State
  360 So. 2d 128· Fla. 1st DCA· 1978-06-23 ·cited 8×
  The court held that Section 316.027, Florida Statutes, as written, charges only one crime, a felony for willfully leaving the scene of an accident involving injury or death, and that prior interpretations to the contrary were erroneous. A charge of "unlawfully" leaving the scene,
• City OF Hialeah Gardens v. Dade Cnty.
  348 So. 2d 1174· Fla. 3d DCA· 1977-07-12 ·cited 8×
  Hialeah Gardens challenged Dade County's authority to grant a county-wide electricity franchise to Florida Power & Light Company that preempted the city's ability to negotiate its own franchise agreement. The court held that Dade County's home rule power authorized the preemptive
• Barnett v. Barnett
  336 So. 2d 1213· Fla. 1st DCA· 1976-08-13 ·cited 8×
  Charles Barnett appealed a declaratory judgment finding he was not the blood issue of William L'Engle Barnett and therefore not entitled to trust distributions. The appellate court reversed, holding that William's written acknowledgment of Charles as his son, signed before witnes
• Nathan and Joanne T. Cummings v. Commissioner OF Internal Revenue
  506 F.2d 449· 2d Cir.· 1974-10-31 ·cited 8×
  The court held that a payment made under Section 16(b) of the Securities Exchange Act of 1934 for a sale and repurchase violation should not be treated as a repayment of income under the Arrowsmith/Skelly Oil doctrine.
• Perdue v. The Miami Herald Publ'g Co.
  291 So. 2d 604· Fla.· 1974-01-17 ·cited 8×
  The Florida Supreme Court reversed a venue transfer order in a libel and invasion of privacy action against a newspaper, holding that proper venue is not limited solely to the county of first publication but may also include counties where the publication is distributed or where
• Farrier v. Thompson
  234 So. 2d 11· Fla. 4th DCA· 1970-04-10 ·cited 8×
  The Florida Supreme Court answered a certified question regarding the liability of a parent who signs a minor's driver's license application under Florida Statutes Section 322.09(3). The court held that a parent's liability for the minor's negligent driving does not terminate whe
• Metro. Dade Cnty. v. Adler Built Indus., Inc.
  222 So. 2d 264· Fla. 3d DCA· 1969-04-29 ·cited 8×
  Metropolitan Dade County appealed a trial court decree reducing property tax assessments for Adler Built Industries based on recent sales prices. The appellate court affirmed the reduction of assessments but reversed the interest rate calculation, holding that the statutory rate
• Bryson v. State
  211 So. 2d 246· Fla. 3d DCA· 1968-06-04 ·cited 8×
  Three defendants convicted of robbery appealed their convictions, challenging their jury selection on grounds that the veniremen were chosen under the old Florida jury statute rather than a new statute effective September 1, 1967, which for the first time made women eligible for
• City OF Gainesville v. Hilliard
  207 So. 2d 520· Fla. 1st DCA· 1968-02-22 ·cited 8×
  The City of Gainesville appealed a circuit court judgment that quashed a municipal court conviction for driving under the influence, finding that the defendant was constitutionally entitled to a jury trial. The Florida appellate court reversed, holding that the constitutional rig
• Musleh v. Marion Cnty.
  200 So. 2d 168· Fla.· 1967-05-03 ·cited 8×
  The Florida Supreme Court held that a local statute setting the compensation of an elected county prosecuting attorney in Marion County violated the state constitution's prohibition on local laws regulating officer compensation and requiring the legislature to fix officer salarie
• City OF Fort Lauderdale v. Town OF Hacienda Vill., Inc.
  172 So. 2d 451· Fla.· 1965-02-17 ·cited 8×
  The Florida Supreme Court reviewed whether the state legislature could constitutionally restrict a municipality's power to annex territory by designating it as "reserved lands" for future annexation by another city. The court held that the legislature has plenary power to fix mun
• Vocelle v. Riddell
  119 So. 2d 809· Fla. 2d DCA· 1960-04-27 ·cited 8×
  The Florida Industrial Commission appealed a mandamus order requiring it to renew appellee Riddell's private employment agency license. The court held that Section 449.12 of the Private Employment Agency Law grants a clear right to renewal upon proper request and fee payment, and
• United States v. Ariz. Canning Co.
  212 F.2d 532· 10th Cir.· 1954-04-23 ·cited 8×·via In Pari Materia Construction
  The court held that the trial court erred in limiting witness mileage costs to 100 miles, as the Federal Food, Drug, and Cosmetic Act and Rule 45(e)(1) allow for broader subpoena and cost assessment powers.
• Commissioner of Internal Revenue v. Stewart's Estate
  153 F.2d 17· 3d Cir.· 1946-01-09 ·cited 8×
  The court held that the Tax Court correctly applied the 'blockage' rule in estate tax valuation, allowing for a discount from market prices due to the size of the stock blocks.