Noscitur A Sociis

118 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Rinker Materials Corp. v. City OF N. Miami
  286 So. 2d 552· Fla.· 1973-12-06 ·cited 104×
  Rinker Materials sought a building permit to construct a concrete batching plant on industrially-zoned property in North Miami. The city denied the permit, claiming the plant fell outside permitted uses despite fitting within the ordinance's "contractor's plants and/or storage ya
• Carraway v. Armour & Co. & the Fla. Indus. Comm'n
  156 So. 2d 494· Fla.· 1963-09-11 ·cited 94×
  Winston Carraway sought workers' compensation benefits for a paraduodenal hernia sustained while handling beef at Armour and Company. The Florida Supreme Court reversed the Industrial Commission's denial, holding that the employee presented sufficient medical evidence of a compen
• Naji Nehme v. Smithkline Beecham Clinical Labs., Inc.
  863 So. 2d 201· Fla.· 2003-09-25 ·cited 80×
  The Florida Supreme Court held that the term "concealment" in the medical malpractice statute of repose does not encompass negligent diagnosis. The court interpreted section 95.11(4)(b) to require knowledge or intent for concealment, thereby declining to extend the seven-year rep
• State ex rel. Wedgworth Farms, Inc. v. Ina S. Thompson
  101 So. 2d 381· Fla.· 1958-03-07 ·cited 62×
  Wedgworth Farms sought a mandamus writ to compel the State Motor Vehicle Commissioner to issue 'P' Series motor vehicle license tags for trucks used in farming operations. The Florida Supreme Court held that the 1953 amendment extending 'P' Series privileges to farmers did not au
• Int'l Union United Furniture Workers of Am. v. Colonial Hardwood Flooring Co.
  168 F.2d 33· 4th Cir.· 1948-05-03 ·cited 52×
  The court held that the exclusion clause in the U.S. Arbitration Act applies to the entire act, thus precluding its application to employment contracts, and that the contract's arbitration clause did not cover damages from strikes or secondary boycotts.
• United States v. Caniff
  916 F. 3d 929· 11th Cir.· 2020-04-09 ·cited 51×
  The court held that the phrase 'make any notice' in 18 U.S.C. § 2251(d)(1) does not apply to private, person-to-person text messages seeking child pornography.
• State Farm Fire & Cas. Co. v. Castillo
  829 So. 2d 242· Fla. 3d DCA· 2002-08-14 ·cited 50×
  State Farm appealed a summary judgment in favor of homeowners who claimed coverage for structural damage caused by construction blasting under their homeowner's policy. The court reversed, holding that the policy's earth movement exclusion unambiguously excluded coverage for all
• Smith v. State
  606 So. 2d 427· Fla. 1st DCA· 1992-09-04 ·cited 50×
  Shawn Smith appeals his battery conviction and challenges the trial court's order requiring him to pay $195.00 in state attorney's fees as costs of prosecution. The First District Court of Appeal reverses, holding that Florida Statute 939.01 does not permit the state to recover a
• Dunham v. State
  140 Fla. 754· Fla.· 1939-11-24 ·cited 49×
  John Dunham was charged with embezzlement under Florida's bailee embezzlement statute for allegedly converting money entrusted to him by J.A. Guyton for stock market investment. The Florida Supreme Court reversed his conviction, holding that the statute applies only to persons en
• Eldon C. Hart v. McLUCAS
  535 F.2d 516· 9th Cir.· 1976-05-05 ·cited 48×
  The court held that 14 C.F.R. § 61.59(a)(2) requires actual knowledge of falsity for an 'intentionally false' entry, rejecting a strict liability interpretation. The court remanded for factual findings on the petitioner's knowledge.
• Mann v. Thompson
  100 So. 2d 634· Fla. 1st DCA· 1958-02-27 ·cited 44×
  Mann sought specific performance of an alleged 1955 cattle lease for 35,000 acres and challenged the 1953 timber lease's cancellation. The court affirmed dismissal of the specific performance claim but reversed the cancellation ruling, holding that the lessor's right to cancel un
• Fusco v. Perini N. River Assocs.
  601 F.2d 659· 2d Cir.· 1979-06-29 ·cited 36×
• Hillsborough Cnty. v. Fla. Rest. Ass'n, Inc.
  603 So. 2d 587· Fla. 2d DCA· 1992-07-17 ·cited 32×
  Hillsborough County enacted an ordinance requiring health warning signs in establishments serving alcohol. The trial court invalidated the ordinance as preempted by state law and inconsistent with the Florida Constitution. The appellate court reversed, holding that the ordinance
• Simmons v. United States
  308 F.2d 938· 5th Cir.· 1962-10-17 ·cited 30×
  The court held that the taxpayer's knowledge of the Commissioner's interpretation of a statute does not create an estoppel against the United States.
• Alvarez v. Romulo Medina Longboy
  697 F.2d 1333· 9th Cir.· 1983-02-02 ·cited 27×
  The court held that the trial court has discretion in awarding damages under 7 U.S.C. § 2050a, as damages are not mandatory.
• Gen. Elec. Co. v. Occupational Safety & Health Review Comm'n
  583 F.2d 61· 2d Cir.· 1978-08-16 ·cited 27×
  The court held that the unguarded portion of the oven top was not a "platform" within the meaning of OSHA regulations, as it was used only for occasional maintenance, not regular operation of machinery.
• State v. Weeks
  202 So. 3d 1· Fla.· 2016-09-22 ·cited 26×
  The Florida Supreme Court held that a felon-in-possession statute's exemption for 'replicas' of 'antique firearms' is not unconstitutionally vague, interpreting 'replica' to emphasize the firearm's ignition or firing system as its distinctive feature rather than requiring an exac
• Ballay v. Legg Mason Wood Walker, Inc.
  925 F.2d 682· 3d Cir.· 1991-02-15 ·cited 25×
  Section 12(2) of the Securities Act of 1933 does not afford a remedy to buyers of securities in the secondary market, but only in initial distributions.
• State v. Leone
  118 So. 2d 781· Fla.· 1960-03-16 ·cited 24×
  Florida's pharmacy statute requiring licensed pharmacist supervision of all operations in retail drug establishments was struck down as unconstitutional. The court held that while the state may regulate the preparation and sale of controlled drugs, extending that requirement to t
• Auto. Club OF Mich. v. Commissioner OF Internal Revenue
  230 F.2d 585· 6th Cir.· 1956-02-17 ·cited 24×
  The Commissioner's retroactive revocation of a previously granted tax-exempt status is invalid when based on a reinterpretation of law without new facts, fraud, or mistake, especially after the taxpayer has relied on the prior ruling.
• Long v. United States
  199 F.2d 717· 4th Cir.· 1952-11-10 ·cited 23×
  The court held that conviction under the first count of the indictment was improper because the jury may have based its verdict on a mere attempt to deceive officers, which does not satisfy the 'forcibly' element of 18 U.S.C. § 111.
• Shepard v. State
  259 So. 3d 701· Fla.· 2018-11-01 ·cited 21×
  The Florida Supreme Court held that an automobile can constitute a weapon under Florida's reclassification statute (section 775.087(1)) when used to inflict harm, overruling the narrow definition established in State v. Houck. The Court determined that whether an object is used a
• Owen OF Ga., Inc. v. Shelby Cnty.
  648 F.2d 1084· 6th Cir.· 1981-05-15 ·cited 20×
  The dissenting judge would hold that Shelby County's rejection of Owen of Georgia's bid and award to Pidgeon-Thomas was permissible under the Shelby County Restructure Act, as the 'good cause' provision allows consideration of factors beyond those specifically enumerated.
• PPG Indus., Inc. v. Ashland OIL Company-Thomas Petroleum Transit Div.
  527 F.2d 502· 3d Cir.· 1975-12-16 ·cited 19×
  The court held that the one-year COGSA statute of limitations did not apply to Canal, a third-party contractor, as the contract did not expressly extend its benefits. The court affirmed the judgment for Ashland.
• Townsend v. State
  63 Fla. 46· Fla.· 1912-01-01 ·cited 18×
  Josephine Townsend was convicted of embezzlement based on an information charging her with secreting a gold certificate entrusted to her for examination. The Florida Supreme Court reversed her conviction, finding that the information improperly charged her under two distinct stat
• United States v. Lueddeke
  908 F.2d 230· 7th Cir.· 1990-07-27 ·cited 17×
  The Sentencing Guidelines are valid and were correctly applied to the defendant's sentence, and the court lacks jurisdiction to review a refusal to depart downward.
• Titan Holdings Syndicate, Inc. v. The City OF Keene
  898 F.2d 265· 1st Cir.· 1990-03-15 ·cited 17×
  The court held that claims for damages from noise and light are not excluded by the pollution exclusion, and claims for interference with quiet enjoyment fall under personal injury coverage, obligating the insurers to defend and potentially indemnify.
• Landau v. Riddell
  255 F.2d 252· 9th Cir.· 1958-04-28 ·cited 16×
  The court held that the taxpayer failed to prove their establishment was not subject to cabaret taxes, and the amendment clarifying 'merely incidental' sales was not merely declaratory of prior law due to the significant percentage of income derived from food and beverage sales.
• Haberman v. The Equitable Life Assurance Soc'y of the United States
  224 F.2d 401· 5th Cir.· 1955-06-30 ·cited 16×
  An annuity issued by a regulated insurance company is not a 'security' under the Texas Securities Act, and a foreign corporation's failure to comply with a general business registration statute does not entitle a party to restitution after substantial performance or tender of per
• Int'l Rice Milling Co., Inc. v. Nat'l Labor Relations Bd.
  183 F.2d 21· 5th Cir.· 1950-06-21 ·cited 16×
  The court held that railroad companies are 'employers' within the meaning of Section 8(b)(4) of the NLRA, and union activities inducing employees of neutral employers to cease handling goods constitute an unfair labor practice.
• Stratton v. Sarasota Cnty.
  983 So. 2d 51· Fla. 2d DCA· 2008-05-07 ·cited 15×
  Nancy Burns Stratton appeals a foreclosure judgment on liens filed by Sarasota County for costs of demolishing her Gulf-front property declared a public safety hazard. The court reversed and remanded, holding that the County cannot recover payroll expenses for its code enforcemen
• State v. Hobbs
  974 So. 2d 1119· Fla. 5th DCA· 2008-01-18 ·cited 15×
  The Florida Fifth District Court of Appeal reversed the trial court's exclusion of Hobbs's confession in a sexual abuse case, holding that Florida Statute section 92.565 permits admission of a defendant's trustworthy confession when the state cannot prove the crime, regardless of
• Cepcot Corp. v. Dep't OF Bus. & Prof'l Reg.
  658 So. 2d 1092· Fla. 2d DCA· 1995-07-12 ·cited 14×
  Cepcot Corporation challenged the Construction Industry Licensing Board's ruling that routine pool cleaning activities require a contractor's license under Florida law. The court held that basic swimming pool maintenance and cleaning, without repair or replacement of equipment, d
• Greater Miami Fin. Corp. v. Dickinson
  214 So. 2d 874· Fla.· 1968-09-11 ·cited 14×
  The court held that the use of 'Savings' in a fictitious business name violates the statute prohibiting such use in corporate titles, but that the appellant's business of brokering out-of-state savings accounts does not violate the statute prohibiting non-banks from soliciting or
• Todd v. Marvin Johnson, M.D.
  965 So. 2d 255· Fla. 1st DCA· 2007-09-14 ·cited 13×
  The Todds appealed the dismissal of their medical malpractice complaint alleging that Dr. Johnson concealed a lung cancer diagnosis for over three years, extending the statutory repose period. The court reversed, holding that the complaint adequately pleaded concealment under Flo
• Sailboat Bend Sober Living v. City of Fort Lauderdale
  46 F.4th 1268· 11th Cir.· 2022-08-26 ·cited 12×
  Sailboat Bend Sober Living operated a for-profit residential facility for individuals recovering from addiction and sued the City of Fort Lauderdale under the Fair Housing Act and Americans with Disabilities Act, challenging the city's code enforcement decisions, denial of a reas
• Nat'l Labor Relations Bd. v. Bretz Fuel Co.
  210 F.2d 392· 4th Cir.· 1954-02-16 ·cited 12×
  The court held that the activities of Bartoletta and other miners were not concerted activities within the meaning of the National Labor Relations Act, and therefore, the Board's order for enforcement was denied.
• Beach Towing Servs., Inc. v. Sunset Land Assocs., LLC
  278 So. 3d 857· Fla. 3d DCA· 2019-08-28 ·cited 11×
  This case involves a dispute over the interpretation of a restrictive covenant in a deed that prohibited using the property as a "parking lot, storage yard facility or for a garage or tow truck company." The appellate court affirmed the lower court's decision that the covenant pr
• Ala. Educ. Ass'n v. State Superintendent OF Educ.
  746 F.3d 1135· 11th Cir.· 2014-02-05 ·cited 10×
  The Alabama Supreme Court held that the phrase "or otherwise" in Act No. 2010-761, which regulates salary deductions for payments to political organizations, is limited to state-facilitated payment mechanisms similar to salary deductions, not all private payment methods. The Cour
• Chancellor Media Whiteco Outdoor v. Dep't OF Transp.
  795 So. 2d 991· Fla. 5th DCA· 2001-07-30 ·cited 10×
  Chancellor Media and other outdoor sign companies appealed the Department of Transportation's revocation of sign permits for nonconforming signs destroyed in the 1998 Florida wildfires. The court held that federal law under the Highway Beautification Act only permits re-erection
• DeSisto Coll., Inc. v. Town of Howey-In-The-Hills
  706 F. Supp. 1479· M.D. Fla.· 1989-01-23 ·cited 10×
  The court found that the undisputed facts supported summary judgment, as the town's zoning actions were not based on irrational prejudice but on legitimate concerns about the intensive use of residential property by the college.
• State v. Stuler
  122 So. 2d 1· Fla.· 1960-07-13 ·cited 10×
  The Florida Supreme Court reversed a trial court's order quashing an information charging a public employee with advising fellow employees to make political contributions in violation of Florida Statute Section 104.31. The court held that the statute's prohibition on public emplo
• United States v. Keller
  259 F.2d 54· 3d Cir.· 1958-09-18 ·cited 10×
  The court held that the language used on the postal cards, while potentially vulgar, did not meet the 'prurient interest' standard for obscenity under the Roth test, and therefore did not violate 18 U.S.C. § 1463.
• Nat'l Labor Relations Bd. v. Associated Machs., Inc.
  219 F.2d 433· 6th Cir.· 1955-01-31 ·cited 10×
  The court held that the employee committee was not a 'labor organization' under the Act because its purpose was limited to discussing individual grievances and operational improvements, not collective bargaining on wages, hours, or conditions of employment.
• 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
• Thomas v. City OF Crescent City
  503 So. 2d 1299· Fla. 5th DCA· 1987-02-12 ·cited 9×
  The court held that an RV resort is a permitted commercial use under the GC-1 zoning district, as it is a service-oriented use comparable to permitted uses like hotels and motels.
• The United States v. Andrew Fisher Cycle Co., Inc.
  426 F.2d 1308· C.C.P.A.· 1970-06-04 ·cited 8×
  The court held that bicycle seats are not classifiable as 'saddles' under item 790.30 TSUS, but rather as 'other parts of bicycles' under item 732.36 TSUS, reversing the lower court's decision.
• Pepsi-Cola Bottlers' Ass'n, Inc. v. United States
  369 F.2d 250· 7th Cir.· 1966-11-10 ·cited 8×
  The taxpayer association is not entitled to an exemption under section 501(c)(6) because its activities primarily benefit individual members rather than improving a general line of business.
• Williams v. HOT Shoppes, Inc.
  293 F.2d 835· D.C. Cir.· 1961-04-20 ·cited 8×
• Polaroid Corp. v. Commissioner OF Internal Revenue
  278 F.2d 148· 1st Cir.· 1960-05-03 ·cited 8×
  Income from the taxpayer's revolutionary camera process does not qualify as 'abnormal income' under the 'discovery' clause of the Korean War Excess Profits Tax Act. However, interest charged on a tax deficiency should not be offset against interest credited on an excess profits t