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

• Ex-Parte John O'Donovan
  24 Fla. 281· Fla.· 1888-06-01 ·cited 8×
  This case addresses the scope of authority granted to boards of health under Florida's quarantine statutes. The court held that boards of health may only enforce quarantine regulations when a quarantine has been formally established, and that regulations must not unreasonably del
• Fla. Elections Comm'n v. Davis
  44 So. 3d 1211· Fla. 1st DCA· 2010-09-30 ·cited 7×
  The Florida Elections Commission appealed an administrative law judge's corrected final order that found election code violations but declined to impose civil penalties, citing lack of statutory authority. The court affirmed, holding that only the Elections Commission, not admini
• Hall v. Maal
  32 So. 3d 682· Fla. 1st DCA· 2010-03-30 ·cited 7×
  The Florida Court of Appeal held that a couple who participated in a full wedding ceremony without obtaining a marriage license beforehand did not create a valid marriage, even though they later obtained a license a year after the ceremony. The court ruled that Florida's statutor
• Advertising-Lakeland v. Fla. Dep't of Transp.
  17 So. 3d 799· Fla. 1st DCA· 2009-08-19 ·cited 7×
  Lamar Outdoor Advertising challenged Florida Administrative Code Rule 14-10.007(2)(b), which allows FDOT to revoke nonconforming billboard permits based on changes in sign height above ground level (HAGL). The court held that the rule is invalid because it lacks specific legislat
• Orange Cnty. Sch. Bd. & United Self Insured Servs. v. Best
  728 So. 2d 1186· Fla. 1st DCA· 1999-03-03 ·cited 7×·via In Pari Materia Construction
  The Florida Court of Appeal resolved whether a workers' compensation petition filed more than one year after remedial treatment ended was barred by the statute of limitations. The court held that the two-year statute of limitations in section 440.19(1) is the primary limitation,
• Canadian FUR Trappers Corp. v. The United States
  884 F.2d 563· Fed. Cir.· 1989-08-29 ·cited 7×
  The court held that the statutory language of 19 U.S.C. § 1504 does not compel the conclusion that entries were deemed liquidated 90 days after injunctions against liquidation were dissolved.
• State Bev. Dep't & Thomas E. Lee, Jr.
  149 So. 2d 871· Fla. 1st DCA· 1963-02-12 ·cited 7×
  In this mandamus case, the Florida District Court of Appeal reversed a lower court judgment that had revoked a liquor license for a store located within 2500 feet of a church. The court held that the statutory distance must be measured from the main entrance of the building where
• Verizon Bus. Purchasing, LLC v. State
  164 So. 3d 806· Fla. 1st DCA· 2015-06-11 ·cited 6×
  Verizon Business Purchasing challenged the Florida Department of Revenue's Notice of Proposed Assessment (NOPA) as untimely under the statute of limitations, arguing that only a final assessment—not a proposed assessment—triggers the deadline under section 95.091(3)(a). The First
• Ocr-Eds, Inc. v. S & S Enters., Inc.
  32 So. 3d 665· Fla. 5th DCA· 2010-03-12 ·cited 6×
  A timely-filed notice of appeal confers appellate jurisdiction even if erroneously time-stamped after the deadline.
• Elmer v. Southland Corporation/7-11 & Broadspire Servs., Inc.
  5 So. 3d 754· Fla. 1st DCA· 2009-02-27 ·cited 6×
  In a workers' compensation dispute, the Florida First District Court of Appeal held that an employer/carrier that fails to timely respond to a physician's written requests for specialist referral authorization is estopped from later challenging the medical necessity of the referr
• State v. Burkhart
  869 So. 2d 1242· Fla. 4th DCA· 2004-03-31 ·cited 6×
  The State appeals a trial court's refusal to impose a mandatory 10-year minimum sentence under Florida's '10/20/Life' statute for escape from a Jimmy Ryce sexual predator facility while armed. The court holds that 'escape' in the statute encompasses escapes from Jimmy Ryce facili
• Jale Jane Smith v. Unemployment Appeals Comm'n & U.S. Postal Serv.
  831 So. 2d 249· Fla. 2d DCA· 2002-11-27 ·cited 6×·via In Pari Materia Construction
  The court held that the employee's actions did not constitute misconduct connected with work, as defined by statute, and therefore she should not be denied unemployment benefits.
• Dep't OF Env't Prot. v. Zabielinski
  785 So. 2d 517· Fla. 3d DCA· 2000-09-06 ·cited 6×
  The Florida Department of Environmental Protection appealed a summary judgment order blocking civil forfeiture of a $60,000 vessel based on the Eighth Amendment's Excessive Fines Clause. The court affirmed, holding that forfeiture under Florida's vessel title fraud statute consti
• Sec'y OF State v. Milligan
  704 So. 2d 152· Fla. 1st DCA· 1997-12-08 ·cited 6×
  The Florida Secretary of State challenged whether the termination of the Election Campaign Financing Trust Fund eliminated her duty to certify candidates for public campaign financing and collect related fees and assessments. The appellate court affirmed the trial court's holding
• Sentinel v. Donny Wong-Chow
  652 So. 2d 982· Fla. 1st DCA· 1995-04-07 ·cited 6×
  The court held that the Orlando Sentinel could be a statutory employer, but remanded for further findings regarding the claimant's hiring and the number of employees.
• Barbee v. State
  630 So. 2d 655· Fla. 5th DCA· 1994-01-14 ·cited 6×
  Barbee appeals his conviction, arguing that the state's failure to provide exactly 10 days' notice of similar-fact evidence (providing only 9 days) should automatically render that evidence inadmissible. The court affirmed, holding that procedural violations require reversal only
• Ass'n OF Am. Physicians & Surgeons, Inc. v. Hillary Rodham Clinton
  997 F.2d 898· D.C. Cir.· 1993-06-22 ·cited 6×
  The Task Force is not an advisory committee subject to FACA because its members, including the President's spouse, are considered full-time officers or employees of the federal government. However, the status of the working group requires further determination.
• Philip C. Owen, Chartered v. Dep't OF Revenue
  597 So. 2d 380· Fla. 1st DCA· 1992-04-15 ·cited 6×
  The court held that tax statutes imposing penalties must be strictly construed against the taxing authority, and any ambiguity must be resolved in favor of the taxpayer.
• Richardson v. The Deerwood Club, Inc.
  589 So. 2d 937· Fla. 1st DCA· 1991-10-08 ·cited 6×
  Property owners challenged a developer's decision to close their primary access gate and relocate it to a different location. The court held that while the developer had authority to regulate traffic, the covenant's plain language limited its right to close the original gate only
• Robins v. State
  587 So. 2d 581· Fla. 1st DCA· 1991-10-08 ·cited 6×
  The court held that a defendant can be subject to sentence enhancement under section 775.087(1) even if they did not personally possess a firearm, as long as a co-perpetrator wielded a weapon in furtherance of the criminal scheme.
• Aulston v. United States
  915 F.2d 584· 10th Cir.· 1990-09-20 ·cited 6×
  The court held that the term 'gas' in the Agricultural Entry Act of 1914 and subsequent land patents reasonably includes carbon dioxide gas, as the statute's language and historical context do not clearly limit it to combustible hydrocarbon gas.
• United States v. Carr
  880 F.2d 1550· 2d Cir.· 1989-07-25 ·cited 6×
  The court held that the jury instruction defining 'in charge' under CERCLA section 103, when viewed as a whole, was not erroneous, and that the reporting requirements properly applied to the appellant.
• State of Fla. Dep't OF Banking & Fin. v. Evans
  540 So. 2d 884· Fla. 1st DCA· 1989-03-16 ·cited 6×
  Florida's Department of Banking & Finance appealed a Division of Administrative Hearings order invalidating portions of Rule 3E-600.002 requiring reaffiliation registration applications for associated persons in securities. The court reversed, holding that Chapter 517 supports th
• Dep't OF Transp. v. Dr. and Mrs. Augusto Lopez-Torres
  526 So. 2d 674· Fla.· 1988-04-14 ·cited 6×
  The Florida Supreme Court held that while the DOT has plenary authority to plan and construct state roads and bridges that preempts municipal control, this power is not absolute and must be exercised lawfully without abuse of discretion. The Court reversed the Fourth District's f
• Sandlin v. Crim. Just. Standards & Training Comm'n
  518 So. 2d 1292· Fla. 1st DCA· 1987-08-11 ·cited 6×
  Benjamin Sandlin, a law enforcement officer with an exemplary 20-year record following his pardon for 1960s felony convictions, was denied police certification by the Criminal Justice Standards and Training Commission because Florida law categorically bars all felons from law enf
• In re Johnson
  787 F.2d 1179· 7th Cir.· 1986-04-07 ·cited 6×
  A Health Education Assistance Loan (HEAL) is not dischargeable in a Chapter 13 bankruptcy plan unless the specific conditions outlined in 42 U.S.C. § 294f(g) are met.
• Williams v. State
  479 So. 2d 861· Fla. 4th DCA· 1985-12-18 ·cited 6×
  Kenneth Curtis Williams appeals his sentence imposed after violating community control by committing burglary. The trial court imposed a three-year sentence, one guideline cell above the recommended 12-30 months range. The court affirms, holding that Rule 3.701(d)(14) permits suc
• Dep't of Prof'l Reg. v. Pariser
  483 So. 2d 28· Fla. 1st DCA· 1985-12-17 ·cited 6×
  The Florida Department of Professional Regulation challenged an administrative hearing officer's decision that the final sentence of a construction licensing board rule was an invalid exercise of delegated legislative authority. The court affirmed, holding that the rule making fa
• Lieberman v. Fed. Trade Comm'n
  771 F.2d 32· 2d Cir.· 1985-08-20 ·cited 6×
  The court held that Section 7A(h) of the Clayton Act prohibits the Federal Trade Commission from furnishing premerger information to state attorneys general acting in their parens patriae capacities.
• Cleosta Lane and Jerlene Lane v. Allstate Ins. Co.
  472 So. 2d 823· Fla. 4th DCA· 1985-07-10 ·cited 6×
  A moped is not a "motorized land vehicle" excluded from homeowner's insurance coverage, as Florida law classifies it as a bicycle for insurance purposes.
• C.C.B. v. State
  458 So. 2d 47· Fla. 1st DCA· 1984-10-18 ·cited 6×
  The Florida First District Court of Appeal held that Jacksonville Municipal Ordinance 330.105, which categorically prohibited all begging and soliciting for alms, violates the First Amendment by abridging free speech rights in an unnecessarily intrusive manner. The court reversed
• Conde v. Prof'l Mediquip OF Fla., Inc.
  436 So. 2d 322· Fla. 4th DCA· 1983-08-10 ·cited 6×
  Conde and Diaz sued Mediscience Technology Corporation for damages related to lost medical equipment. The court reversed a trial court's decision to set aside a default judgment against Mediscience, holding that service of process was validly perfected under Florida law even thou
• Paige v. Fla. Parole & Prob. Comm'n
  434 So. 2d 7· Fla. 1st DCA· 1983-06-17 ·cited 6×
  William Paige challenged the Florida Parole and Probation Commission's denial of parole and failure to set an effective parole release date. The court affirmed the Commission's reestablishment of his presumptive parole release date but vacated and remanded the decision declining
• Am. Fed'n OF State v. Fla. Pub. Emps. Relations Comm'n & Metro. Dade Cnty.
  430 So. 2d 481· Fla. 1st DCA· 1983-03-09 ·cited 6×
  Local 1363 challenged a collective bargaining agreement with Miami-Dade County on the grounds that its grievance procedure violated Florida's public employee relations statute by not requiring final and binding arbitration by a mutually-selected impartial neutral. The court affir
• Myers v. State
  426 So. 2d 986· Fla. 1st DCA· 1983-01-05 ·cited 6×
  David Myers appeals his conviction for possession of methaqualone, challenging the denial of his motion to suppress evidence found in his apartment during a warrantless entry by police. The court upheld the trial court's ruling that the officers' entry was valid based on consent
• In re Est. OF Leo J. Herman
  427 So. 2d 195· Fla. 4th DCA· 1982-11-10 ·cited 6×
  A disinherited daughter challenged a charitable devise in her father's revocable living trust, arguing she had standing to void it under a Florida statute allowing lineal descendants to challenge charitable devises made within six months of death. The court affirmed the trial cou
• State v. Leon Cnty.
  410 So. 2d 1346· Fla.· 1982-02-25 ·cited 6×
  A privately financed hotel and convention center project in a designated blighted area serves a paramount public purpose under the Industrial Development Financing Act as a commercial project in a slum or blighted area, and a bond complaint need not specify a finite interest rate
• Turoso v. The Cleveland Mun. Court
  674 F.2d 486· 6th Cir.· 1982-02-04 ·cited 6×
  The dissenting judge argues that the majority's attempt to save the Ohio obscenity statute by reinterpreting it is unconstitutional and violates the First Amendment.
• Cirnigliaro v. Fla. Police Standards & Training Comm'n
  409 So. 2d 80· Fla. 1st DCA· 1982-01-14 ·cited 6×
  Robert Cirnigliaro, a police officer certified by the Florida Police Standards and Training Commission, appealed the Commission's revocation of his certificate based on a prior conviction for embezzlement. The court held that the Commission had authority to revoke the certificate
• State v. City OF Riviera Beach
  397 So. 2d 685· Fla.· 1981-04-16 ·cited 6×
  The Florida Supreme Court upheld a municipal revenue bond issuance for an industrial development project located outside the city's boundaries, holding that municipalities have authority under the Florida Industrial Development Financing Act to undertake such projects without geo
• Cape Coral Med. Ctr., Inc. v. News-Press Publ'g Co., Inc.
  390 So. 2d 1216· Fla. 2d DCA· 1980-11-14 ·cited 6×
  Cape Coral Medical Center, a private nonprofit hospital lessee from a public health authority, appealed a summary judgment finding it subject to Florida's Sunshine Law and Public Records Law. The court affirmed, holding that the special act creating the Cape Coral Health Authorit
• Honorable Emerson R. Thompson, Jr. v. Off. OF the Pub. Def. OF the Ninth Jud. Cir. IN & FOR Orange Cnty.
  387 So. 2d 541· Fla. 5th DCA· 1980-09-10 ·cited 6×
  The Florida Court of Appeal resolved whether the Public Defender's office had authority to represent indigent defendants charged with driving under the influence (DUI) violations under section 316.193. The court held that DUI offenses constitute misdemeanors, placing them within
• Dubose v. Auto-Owners Ins. Co.
  387 So. 2d 461· Fla. 1st DCA· 1980-08-15 ·cited 6×
  The appellate court reversed the trial court's decision, holding that the School Board of Alachua County could not connect to the City of Newberry's sewer system without paying front foot assessments, as the statute intended to prevent assessments without agreement, not to exempt
• Perdomo v. Roger Constr. Co.
  560 F.2d 1146· 3d Cir.· 1977-08-08 ·cited 6×
  A joint tortfeasor who settles with the injured party before judgment is entitled to seek contribution from other joint tortfeasors, even if the settlement does not extinguish the injured party's claims against those other tortfeasors.
• In re Advisory Opinion OF the Governor Request OF November 19
  343 So. 2d 17· Fla.· 1977-02-15 ·cited 6×·via In Pari Materia Construction
  The Florida Supreme Court answered the Governor's request for an advisory opinion on when to convene the Constitution Revision Commission established by Article XI, Section 2 of the 1968 Florida Constitution. The Court resolved conflicting constitutional language by determining t
• State of Fla. & Dep't of Hwy. Safety & Motor Vehicles (Motor Vehicle Division) v. British Leyland Motors, Inc.
  290 So. 2d 576· Fla. 1st DCA· 1974-01-10 ·cited 6×·via Statutes In Pari Materia
  Ship & Shore, a motor vehicle distributor licensed to distribute British Leyland vehicles in six southeastern states, sought to enjoin Leyland from refusing to renew their distributor agreement without complying with Florida Statute 320.641, which requires 90 days' notice before
• Pub. Serv. Comm'n FOR the State OF NEW York v. Fed. Power Comm'n
  463 F.2d 883· D.C. Cir.· 1972-04-11 ·cited 6×
  The court held that the case should be remanded to the FPC for clarification of its order regarding rate increase suspensions and temporary certificates, as the parties' contentions and the FPC's actions created ambiguity.
• In re Abner Michaud and Alyce E. Michaud
  458 F.2d 953· 3d Cir.· 1972-04-10 ·cited 6×
  The court held that 'taxes which were not reported on a return' under Section 17a(1)(c) of the Bankruptcy Act includes tax deficiencies arising from disallowed deductions, even if gross income was fully reported.
• Application of Arthur L. Reese
  359 F.2d 462· C.C.P.A.· 1966-04-21 ·cited 6×·via In Pari Materia Construction
  The court held that the appeal was untimely filed, as the appellant failed to comply with the mandatory statutory deadlines for filing a notice of appeal.
• Ezra A. Jones v. Cent. OF Ga. Ry. Co.
  331 F.2d 649· 5th Cir.· 1964-05-06 ·cited 6×
  A railroad employee who previously recovered damages for permanent disability under the FELA cannot later seek enforcement of an NRAB award for reinstatement and back pay, as this would allow recovery for the same injury twice.