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

• Nat'l Labor Relations Bd. v. Radio & Television Broad. Eng'rs Union, Local 1212, Int'l Bhd. of Elec. Workers, AFL-CIO
  272 F.2d 713· 2d Cir.· 1959-12-03 ·cited 6×·via In Pari Materia Construction
  The court held that the National Labor Relations Board must affirmatively determine which union is entitled to disputed work under § 10(k) of the LMRA, rather than merely finding that the respondent union has no claim to it.
• Scarpelli v. The Travelers Indem. Co. OF Hartford
  248 F.2d 791· 7th Cir.· 1957-11-06 ·cited 6×
  An illegally employed minor is considered an employee under the exclusion clause of a public liability insurance policy, even if the employment contract is void.
• Volusia Jai-Alai, Inc. v. McKAY
  90 So. 2d 334· Fla.· 1956-10-10 ·cited 6×
  Florida Supreme Court addresses the validity of a permit issued by the Racing Commission to operate a jai-alai fronton in Volusia County and the lawful operating dates. The court upholds the permit's validity but limits summer operation to 90 days rather than the 100 days authori
• Rowe v. Chesapeake Mineral Co.
  156 F.2d 752· 6th Cir.· 1946-07-08 ·cited 6×
  The court held that the term 'mineral' in a deed, under Kentucky law, includes oil and gas, and a purchaser for value without notice is entitled to rely on the recorded deed, even if the grantor's intent was otherwise but not reflected in the record.
• N. Pac. Ry. Co. v. United States
  156 F.2d 346· 7th Cir.· 1946-07-08 ·cited 6×·via In Pari Materia Doctrine
  The court held that property used for military or naval purposes, even if not directly for combat, qualifies as 'military or naval property' under the Transportation Act of 1940, entitling it to land grant rates.
• State v. Fussell
  157 Fla. 55· Fla.· 1946-02-05 ·cited 6×
  A county judge sought mandamus to compel county commissioners to pay him a $5 per diem fee for attending his court. The Florida Supreme Court held that statutory compensation provisions for county judges, limited to fees for services similar to those of circuit court clerks, do n
• Doggett v. Walter
  15 Fla. 355· Fla.· 1875-06-01 ·cited 6×·via Statutes In Pari Materia
  The Florida Supreme Court upheld a city's authority to levy property taxes on real and personal estate for municipal purposes, rejecting the argument that the city's taxing power had been repealed by intervening revenue acts. The court held that the 1869 incorporation act's grant
• Mannella v. Mannella
  363 So. 3d 236· Fla. 6th DCA· 2023-03-10 ·cited 5×
  The appellate court affirmed the trial court's denial of a father's petition to reduce child support. The court clarified that the correct standard for modifying an agreed-upon child support order is a substantial change in circumstances, not a "heavier burden," and certified con
• Good Film, Ltd v. Baraya
  Fla. 2d DCA· 2019-07-10 ·cited 5×·via In Pari Materia Doctrine
  The appellate court denied petitions for writs of certiorari, upholding a lower court's decision to dismiss a defamation suit. The court held that Florida's presuit notice statute for defamation claims applies only to "media defendants" and not to book or movie producers.
• Univ. OF Fla. Bd. OF Trs. v. Stone
  92 So. 3d 264· Fla. 1st DCA· 2012-06-21 ·cited 5×
  The University of Florida Board of Trustees appealed a $2.8 million wrongful death verdict, challenging whether Florida's Good Samaritan Act's heightened standard of proof applied to the hospital's emergency care. The court held that the applicability of the Act depends on factua
• Czapla v. State
  957 So. 2d 676· Fla. 1st DCA· 2007-04-30 ·cited 5×
  A parent's intentional act of kicking a child while the child is on the ground constitutes child abuse, as it is an intentional act likely to cause injury and not reasonable corporal discipline.
• L.G. v. State
  939 So. 2d 1141· Fla. 1st DCA· 2006-10-16 ·cited 5×
  The court held that the trial court erred in concluding it lacked the legal authority to place a child on probation for delinquent acts, including sexual offenses, as the statutory definition of probation did not contain the same limitations as the definitions for restrictiveness
• Nettles v. State
  819 So. 2d 243· Fla. 1st DCA· 2002-06-17 ·cited 5×
  The First District Court of Appeal held that a defendant may be sentenced under both the Criminal Punishment Code (CPC) and the Prison Releasee Reoffender Punishment Act (PRRPA), but the PRRPA portion cannot exceed the mandatory minimum specified in the statute. The court reverse
• Dep't OF Revenue OF the State of Fla. v. GTE Mobilnet OF Tampa Inc.
  727 So. 2d 1125· Fla. 2d DCA· 1999-03-17 ·cited 5×
  The Florida Department of Revenue appealed a summary judgment holding that GTE Mobilnet's separately stated charges for optional detailed billing service are not subject to gross receipts tax under Florida law. The court affirmed, finding that detailed billing is incidental to ce
• State v. Kemper Invs. Life Ins. Co.
  660 So. 2d 1124· Fla. 1st DCA· 1995-09-05 ·cited 5×
  The Florida Department of Revenue appealed a summary judgment awarding Kemper Investors Life Insurance Company a tax refund after an audit assessed corporate income and emergency excise tax deficiencies. The court affirmed the refund of the principal tax amount but reversed on th
• Fla. Clarklift, Inc. v. Emil L. Reutimann
  323 So. 2d 640· Fla. 2d DCA· 1975-12-05 ·cited 5×
  Florida Clarklift appeals a wrongful death judgment where the trial court allowed recovery for a surviving parent's mental pain and suffering after the parent died before final judgment, but denied punitive damages. The court reversed both rulings, holding that mental pain and su
• Knight v. Munday Plastering Co.
  220 So. 2d 357· Fla.· 1968-12-10 ·cited 5×
  The Florida Supreme Court held that Rule 3 of the Industrial Commission requires a first hearing date to be set before time limitations for diligent prosecution begin to run, and that the Commission erred in dismissing Knight's modification petition based on failure to prosecute
• Coleman v. State ex rel. Sam Cass
  144 Fla. 488· Fla.· 1940-08-02 ·cited 5×
  Sam Cass was arrested for operating a privately-owned boat used exclusively for sport fishing without obtaining a license under Chapter 17917, Acts of 1937. The Florida Supreme Court reversed the trial court's discharge of Cass, holding that the 1937 Act's licensing requirement a
• State v. Henderson
  134 Fla. 731· Fla.· 1938-10-31 ·cited 5×
  The Florida Supreme Court addressed challenges to an election approving voting machines, finding that a statutory challenge was resolved by a prior case and a notice period challenge was insufficient on its face. The court sustained the motion to quash the alternative writ, allow
• United States v. Miles
  75 F.4th 1213· 11th Cir.· 2023-07-31 ·cited 4×
  A conviction under Florida Statutes § 893.149(1) for possessing a listed chemical with reasonable cause to believe it will be used to manufacture a controlled substance is not a 'serious drug offense' under the Armed Career Criminal Act (ACCA).
• Progressive Am. Ins. Co. v. Eduardo J. Garrido D.C. P.A.
  211 So. 3d 1086· Fla. 3d DCA· 2017-02-15 ·cited 4×
  Progressive American Insurance Company appeals a trial court's summary judgment declaring Florida's PIP statute unconstitutional as applied to chiropractors and awarding the full $10,000 in PIP medical benefits absent an emergency medical condition (EMC) diagnosis. The appellate
• A.J.R. v. State
  206 So. 3d 140· Fla. 2d DCA· 2016-12-09 ·cited 4×
  A.J.R. appeals two delinquency dispositions. The court affirmed the battery disposition but reversed the obstruction of an officer charge, holding that the deputy lacked lawful authority to take A.J.R. into custody under Florida law because A.J.R. was in the presence of his paren
• Dep't OF Health v. Bayfront Med. Ctr., Inc.
  134 So. 3d 1017· Fla. 1st DCA· 2012-11-30 ·cited 4×
  The Florida Department of Health appealed the invalidation of a rule allocating trauma centers throughout Florida, arguing the administrative law judge erred in finding the rule an invalid exercise of delegated legislative authority. The First District Court of Appeal affirmed, h
• D.J. v. State
  67 So. 3d 1029· Fla.· 2011-07-07 ·cited 4×
  The Florida Supreme Court held that the identity and authority of the person who warned a defendant to leave school grounds are essential elements of the offense of trespassing upon school grounds under section 810.097(2), Florida Statutes. The Court quashed the Third District's
• Melton v. State
  56 So. 3d 868· Fla. 1st DCA· 2011-03-10 ·cited 4×
  The court reversed an order prohibiting a private capital defense counsel from representing a death-sentenced inmate pro bono in a non-capital collateral proceeding. The decision holds that Florida's restrictions on registry counsel apply only to state-funded representation and d
• Lawrence v. Tilton
  52 So. 3d 771· Fla. 5th DCA· 2010-12-17 ·cited 4×
  Landowners appealed the denial of agricultural classification for timber-harvested property after previously obtaining such classification from a Value Adjustment Board. The court held that Florida Statute 193.461(3)(e) entitles land to continued agricultural classification only
• Myles McNICHOL v. S. Fla. Trotting Ctr., Inc.
  44 So. 3d 253· Fla. 4th DCA· 2010-10-06 ·cited 4×
  A directed verdict for an equine activity sponsor was improper where evidence established that a dirt mound placed on the track was not a normal training condition or inherent risk of equine activities, and thus raised a jury question whether the negligence exception to statutory
• Baker v. State
  980 So. 2d 616· Fla. 4th DCA· 2008-05-07 ·cited 4×
  Baker was convicted of child abuse for picking up a stranger's six-year-old child at a party, kissing him, and caressing his body while the child resisted. The Fourth District Court of Appeal reversed the conviction because the state presented no evidence of mental injury as defi
• D.M. v. Dobuler
  947 So. 2d 504· Fla. 3d DCA· 2006-12-06 ·cited 4×
  Juvenile detainees challenge Miami-Dade's detention hearing procedures, alleging they were denied hearings within 24 hours of custody as required by Florida law. The court agrees, holding that Florida Statutes section 985.215(2) mandates detention hearings within 24 hours of when
• State v. Vonda Denise Christie
  939 So. 2d 1078· Fla. 3d DCA· 2005-11-02 ·cited 4×
  Florida appealed the dismissal of child neglect charges against a public school teacher who failed to prevent her aide from binding students to desks with tape. The court held that public school teachers are statutory "caregivers" under Florida law during school hours and therefo
• Mack v. Dep't of Fin. Servs.
  914 So. 2d 986· Fla. 1st DCA· 2005-10-06 ·cited 4×
  Anna Michelle Mack, an insurance agent with a limited customer service representative license, appealed a Department of Financial Services order suspending her insurance license for twelve months based on violations of the Florida insurance code. The First District Court of Appea
• Bell v. Bd. OF Regents
  768 So. 2d 1244· Fla. 1st DCA· 2000-10-12 ·cited 4×
• Winthrop & Joseph, Inc. v. Marriott Resort Hospitality Corp.
  695 So. 2d 789· Fla. 5th DCA· 1997-05-02 ·cited 4×·via In Pari Materia Construction
  Winthrop & Joseph, Inc. (W & J) appealed a summary judgment finding its contingency fee contract with Marriott unenforceable under Florida Statute § 112.3217. The court reversed, holding that the statute applies only to lobbying contracts and does not prohibit contingency fee arr
• United States v. Johnson
  998 F.2d 696· 9th Cir.· 1993-07-08 ·cited 4×
  Conditions of supervised release need not be related to every factor listed in U.S.S.G. § 5D1.3(b), but only to some of them, as long as they are reasonably related to the overall factors.
• State v. Commons
  592 So. 2d 317· Fla. 3d DCA· 1991-12-31 ·cited 4×
  Florida appeals the dismissal of a concealed weapons charge against Commons, an employee at a supermarket. The Third District affirms the dismissal, holding that section 790.25(3)(n) exempts a person from the concealed weapons statute when possessing arms at their place of busine
• Cent. Fla. Reg'l Hosp., Inc. v. Dep't OF Health & Rehabilitative Servs.
  582 So. 2d 1193· Fla. 5th DCA· 1991-06-06 ·cited 4×
  Central Florida Regional Hospital challenged HRS's denial of its certificate of need application for an open heart surgery program. The court reversed the denial, finding that HRS improperly changed its need determination standard mid-cycle and failed to apply consistent rules to
• Afia/CIGNA Worldwide v. Felkner
  930 F.2d 1111· 5th Cir.· 1991-05-10 ·cited 4×
  The court held that the 1972 amendments to the Longshoremen and Harbor Workers' Compensation Act (LHWCA), providing for initial administrative review by the Benefits Review Board (BRB), apply to claims under the Defense Base Act (DBA), and that judicial review of BRB decisions in
• Dole v. Petroleum Treaters, Inc.
  876 F.2d 518· 5th Cir.· 1989-07-06 ·cited 4×·via In Pari Materia Doctrine
  The court held that employees performing substantial non-seaman duties are not exempt from the Fair Labor Standards Act's overtime provisions, even if they qualify as seamen under the Jones Act.
• Jordan v. Dep't of Prof'l Reg.
  522 So. 2d 450· Fla. 1st DCA· 1988-03-15 ·cited 4×
  Samuel Jordan, a licensed practical nurse, appealed the revocation of his nursing license by the Department of Professional Regulation's Board of Nursing. The court affirmed the revocation but reversed the Board's prohibition on reinstatement, holding that the rule denying reinst
• MT. Sinai Med. Ctr. & Gates v. Earnestine Brown and Division of Workers' Compensation
  493 So. 2d 512· Fla. 1st DCA· 1986-08-22 ·cited 4×
  Mt. Sinai Medical Center and its workers' compensation carrier appealed a deputy commissioner's order awarding benefits to an injured employee, challenging the denial of their motion to disqualify the judge based on alleged prejudice. The court affirmed, holding that the disquali
• United States v. Roberts
  793 F.2d 580· 4th Cir.· 1986-06-16 ·cited 4×
  The court should not countenance the government's attempt to circumvent orderly appeal procedures by manufacturing grounds for immediate review.
• Boynton Landscape Co. & Liberty Mut. Ins. Co. v. Dickinson
  487 So. 2d 1106· Fla. 1st DCA· 1986-04-04 ·cited 4×
  Boynton Landscape and Liberty Mutual appealed approval of a lump sum advance of permanent total disability benefits to injured worker Dickinson. The court affirmed in part and reversed in part, holding that the deputy erred by failing to consider the loss of supplemental income a
• State v. Quigley
  446 So. 2d 1174· Fla. 2d DCA· 1984-03-16 ·cited 4×
  Florida's Second District Court of Appeal affirmed dismissal of a petition to enforce an out-of-state alimony provision under the Uniform Reciprocal Enforcement of Support Act (URESA), holding that URESA applies only to child support obligations, not spousal alimony. The court re
• Gentzel v. In re Est. OF Alma B. Buchanan
  419 So. 2d 366· Fla. 1st DCA· 1982-09-10 ·cited 4×
  Gail Gentzel appeals a probate order determining that joint accounts held with her deceased mother Alma Buchanan constitute probatable assets passing under the mother's will rather than to Gentzel as surviving account holder. The First District affirmed, holding that the statutor
• White v. City OF Jacksonville
  413 So. 2d 95· Fla. 1st DCA· 1982-04-08 ·cited 4×
  In a workers' compensation case involving equitable distribution of a third-party tortfeasor settlement, the court reversed and remanded because the trial court failed to reduce the employer's claim for future compensation benefits to present value before calculating its equitabl
• Humphries v. Dep't of Hwy. Safety & Motor Vehicles
  400 So. 2d 1311· Fla. 1st DCA· 1981-07-10 ·cited 4×
  The court held that the highway patrolman willfully violated departmental policy and statutory law by campaigning for public office without proper authorization and that his dismissal was not premature.
• William A. Ingraham, Jr., P.A. v. City OF Miami
  388 So. 2d 305· Fla. 3d DCA· 1980-09-16 ·cited 4×
  The City of Miami lawfully imposed occupational license taxes on individual attorneys and professional legal service corporations under its municipal ordinance, which was authorized by Florida statute. The court affirmed the summary judgment against the plaintiffs, holding that t
• Oscar Mayer & Co., Inc. v. United States
  623 F.2d 1223· 7th Cir.· 1980-06-20 ·cited 4×
  The court held that the definition of "wages" for FICA and FUTA withholding tax purposes is congruent with the definition of "wages" for income tax withholding purposes, as interpreted by the Supreme Court in Central Illinois.
• Waters v. Purdy
  345 So. 2d 368· Fla. 3d DCA· 1977-04-19 ·cited 4×
  The Florida District Court of Appeal addressed whether a law enforcement agency must convene a complaint review board upon demand by an officer who has already exhausted civil service appeals after termination. The court held that Section 112.532(2) applies only to officers under
• Guar. Tr. Life Ins. Co. v. Fundora
  343 So. 2d 71· Fla. 3d DCA· 1977-03-01 ·cited 4×
  The court determined that a group insurance policy's provision shortening the time to bring an action to three years, as allowed by statute for individual disability policies, is void when the general statute of limitations is five years, as per Section 95.03.