Noscitur A Sociis

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

• Morissette v. United States
  187 F.2d 427· 6th Cir.· 1951-02-05 ·cited 8×
  The court held that the statute prohibiting knowing conversion of government property does not require proof of felonious intent, and a mistaken belief of abandonment is not a defense.
• United States v. Caniff
  916 F.3d 929· 11th Cir.· 2019-02-15 ·cited 7×
  Matthew Caniff, a 32-year-old pharmacy technician, was convicted of three federal child sex offenses after he solicited sexually explicit images from an undercover FBI agent posing as a 13-year-old girl on a social media application. The Eleventh Circuit affirmed his convictions,
• Aerothrust Corp. & Sunshine Hoist & Steel Erectors, Inc. v. Granada Ins. Co.
  904 So. 2d 470· Fla. 3d DCA· 2005-05-04 ·cited 7×
  The court held that the damages were excluded by the products-completed operations exclusion, even though the professional services exclusion did not apply.
• 14TH & Heinberg, L.L.C. v. Henricksen & Co., Inc.
  877 So. 2d 34· Fla. 1st DCA· 2004-06-03 ·cited 7×
  14th & Heinberg challenged three final judgments enforcing mechanics' liens against its leasehold interest for improvements made by Montgomery Ward. The Florida appellate court held that while a recorded short-form lease must contain an express lien disclaimer to protect a lessor
• Transcon Trailers, Inc. v. Northland Ins. Co.
  436 So. 2d 380· Fla. 5th DCA· 1983-08-18 ·cited 7×
  Transcon Trailers appeals a summary judgment denying insurance coverage for a stolen trailer, arguing that the insurance policy's exclusion for losses involving certain encumbrances does not apply to its lease agreement with the lessee. The court reverses, holding that under the
• Hatfield v. Bishop Clarkson Mem'l Hosp.
  679 F.2d 1258· 8th Cir.· 1982-06-17 ·cited 6×
• Est. of Charles J. Barry v. Commissioner OF Internal Revenue
  311 F.2d 681· 9th Cir.· 1962-12-03 ·cited 6×
  A bequest to an individual who has taken vows of poverty and is obligated by religious order rules to transfer property to the order is not deductible as a transfer 'for the use of' the religious order if the will explicitly names the individual as the legatee and the testator in
• L. L. Olds Seed Co. v. Commercial Union Assurance Co., Ltd.
  179 F.2d 472· 7th Cir.· 1950-01-27 ·cited 6×
  The court held that the jury could reasonably find that a water hammer causing a pipe rupture constituted an explosion under the insurance policy, and thus affirmed the judgment for the plaintiff.
• Aragon v. Unemployment Comp. Comm'n of Territory of Alaska
  149 F.2d 447· 9th Cir.· 1945-05-15 ·cited 6×
  The court (majority) reversed the Commission's decision based on a theory not presented by the parties, concerning the location of the labor dispute.
• Fla. Farm Bureau Gen. Ins. Co. v. Worrell
  359 So. 3d 890· Fla. 5th DCA· 2023-04-28 ·cited 5×
  Blood left by an intruder on the Worrells' property does not constitute a "pollutant" under the policy's plain language exclusion, and the concurrent cause doctrine provides coverage for the remediation costs even if fecal matter is deemed a pollutant, since the policy lacks an a
• State v. Carrier
  240 So. 3d 852· Fla. 2d DCA· 2018-03-09 ·cited 5×
  The State appeals the trial court's dismissal of charges against Christopher and Wendy Carrier for forging and altering animal health certificates under Florida Statute § 585.145(3). The trial court found the statute unconstitutionally vague and violative of substantive due proce
• Gretna Racing, LLC v. Dep't OF Bus. & Prof'l Reg.
  178 So. 3d 15· Fla. 1st DCA· 2016-10-02 ·cited 5×
  Gretna Racing challenged the Department of Business and Professional Regulation's denial of a slot machine license, arguing that a 2009 amendment to Florida's slot machine statute authorized counties statewide to hold referenda approving slot machines. The court held that the sta
• Turnberry Isle Resort & Club v. Madoc D. Fernandez
  666 So. 2d 254· Fla. 3d DCA· 1996-01-17 ·cited 4×
  Under Florida Statutes § 443.091(2), "remuneration for such service" means payment for services performed and does not include reimbursement for materials and supplies such as pool chemicals. Therefore, a claimant cannot count the cost of supplies as part of the earnings necessar
• Raymond J. Donovan (Successor to Ray Marshall) Secretary of Labor v. Anheuser-Busch, Inc.
  666 F.2d 315· 8th Cir.· 1981-12-03 ·cited 4×
  The court held that the tops of the pasteurizers were not 'platforms' within the meaning of the OSHA standard because they were not designed primarily for the operation of machinery and equipment.
• W. Nuclear, Inc. v. Andrus
  664 F.2d 234· 10th Cir.· 1981-11-13 ·cited 4×
  Gravel is not a mineral reserved to the United States under the Stock-Raising Homestead Act of 1916, and therefore, the extraction of gravel from land patented under the Act does not constitute a trespass on federally-owned minerals.
• Advertiser Publ'g Co. v. Fase
  279 F.2d 636· 9th Cir.· 1960-06-14 ·cited 4×
  The court held that advertising revenues of a newspaper publisher are not taxable at the lower 'manufacturer' rate but at the higher 'service business' or 'other business' rate, as advertising is not tangible personal property sold by the publisher.
• Rieger v. Commissioner of Internal Revenue
  139 F.2d 618· 6th Cir.· 1943-11-30 ·cited 4×
  Certificates of claim issued by a bank in liquidation, which are transferable by endorsement and require notice to the Superintendent of Banks, are considered 'evidences of indebtedness issued by any corporation' in 'registered form' for the purposes of capital gains treatment un
• City of Delray Beach v. Agric. Ins.
  936 F. Supp. 931· S.D. Fla.· 1994-09-09 ·cited 3×
  The court held that the "pollution exclusion clauses" in the CGL policies preclude coverage for environmental contamination, and the "personal injury endorsements" do not cover such contamination as it does not constitute a "wrongful entry or eviction or other invasion of the rig
• Warner v. Zent
  997 F.2d 116· 6th Cir.· 1993-06-07 ·cited 3×
  The court held that applying a judicial interpretation of a criminal statute retroactively, which was not foreseeable from the statute's plain language, violates the Due Process Clause by depriving the defendant of fair warning.
• Brock v. State
  105 Fla. 579· Fla.· 1932-05-26 ·cited 3×
  J.H. Brock was convicted of embezzlement under Florida law. The Florida Supreme Court affirmed his conviction, holding that the indictment sufficiently charged embezzlement under the latter clause of Section 7244 C.G.L., and the jury's general guilty verdict was responsive to tha
• Napier v. Preslicka
  331 F.3d 1189· 11th Cir.· 2003-05-27 ·cited 2×
  The panel's interpretation of 42 U.S.C. § 1997e(e) to bar prisoner lawsuits for mental or emotional injury suffered during prior, unrelated arrests is an unjustified expansion of the statute. This interpretation conflicts with the PLRA's purpose, legislative history, and prior ci
• United States v. TWO Plastic Drums
  984 F.2d 814· 7th Cir.· 1993-01-27 ·cited 2×
  Black currant oil encapsulated with inactive ingredients like gelatin and glycerin is not a food additive under the Act because it constitutes the food itself and does not alter its characteristics.
• Roehl v. United States
  977 F.2d 375· 7th Cir.· 1992-10-13 ·cited 2×
  A general restoration of civil rights by state statute upon completion of a sentence does not prevent a prior conviction from being counted for federal firearm offense enhancement if the state law does not consider the conviction itself erased.
• Nat'l Muffler Dealers Ass'n, Inc. v. United States
  565 F.2d 845· 2d Cir.· 1977-11-21 ·cited 2×
  The National Muffler Dealers Association, Inc. is not qualified for tax exemption as a business league under § 501(c)(6) because its activities primarily benefit a specific group of franchisees rather than an entire line of business.
• W. Dairy Prods., Inc. v. The United States
  510 F.2d 376· C.C.P.A.· 1975-02-13 ·cited 2×
  The court held that CRDSM is properly classified as an article of milk not specially provided for under TSUS Item 118.30.
• Wong KAM WO and Wong Kam Yin v. Dulles
  236 F.2d 622· 9th Cir.· 1956-08-27 ·cited 2×
  The court held that the term 'naturalization' in Section 100 of the Hawaii Organic Act should be interpreted broadly to include citizenship acquired under Revised Statutes § 1993, thus making the father's Hawaiian residence equivalent to U.S. residence for citizenship purposes.
• Bolanos v. Workforce Alliance & Am-Comp/Pinnacle & Arbor Educ. & Training/Rescare & Specialty Risk Servs.
  23 So. 3d 171· Fla. 1st DCA· 2009-10-27 ·cited 1×
  A workers' compensation claimant argued that a workforce development organization and job training provider qualified as his "employer" under Florida law, making them liable for benefits after he was injured at a job they helped him obtain. The court held that neither entity sati
• Churchville v. Gacs Inc.
  973 So. 2d 1212· Fla. 1st DCA· 2008-01-23 ·cited 1×
  The Churchvilles appealed a summary judgment dismissing their tort claim against GACS, arguing that a workers' compensation settlement release was ambiguous regarding whether GACS, as a sister company of their former employer, was covered. The court affirmed, holding that the ter
• Reeves v. State
  Fla. 6th DCA· 2026-10-09
  A conviction for burglary of a conveyance with an assault and a battery qualifies as a prison releasee reoffender offense under Florida Statutes section 775.082(9)(a)1.o., the catch-all provision covering any felony that involves the use or threat of physical force or violence ag
• State v. Smith
  Fla. 6th DCA· 2026-07-10
  A compound containing the base 2-amino-1-phenyl-1-propanone structure described in § 893.03(1)(c)191.a is a substituted cathinone under Florida law regardless of further modifications, because the statutory phrases "whether or not" and "with or without" make clear that such furth
• Upside Foods Inc v. Comm'r, Fla. Dep't of Agric. an
  11th Cir.· 2026-03-23
  Florida's SB 1084 banning the manufacture and sale of lab-grown meat is not preempted by the federal Poultry Products Inspection Act because it does not regulate the premises, facilities, operations, or ingredients of poultry processors. Although Upside has a cause of action in e
• Mack v. Lee Mem'l Health Sys.
  M.D. Fla.· 2025-09-24
  Defendant is entitled to sovereign immunity on all claims, as Florida law does not waive immunity for the Florida Security of Communications Act claims, and the alleged injuries for invasion of privacy and breach of confidence do not fall within the limited waiver provided by the
• Cassanova Gabriel v. State
  Fla. 4th DCA· 2024-10-16
  A person is immune from criminal prosecution under section 776.032(1) for the use of deadly force against an animal where the person reasonably believes such force is necessary to prevent imminent death or great bodily harm to himself, herself, or another. Section 776.012(2)'s pl
• Nsi-Mi Holdings, LLC v. C.A. No. N22C-08-489 PRW CCLD Ametek, Inc.
  Del. Super. Ct.· 2023-11-13
  The Delaware Superior Court granted summary judgment for the plaintiff, NSI-MI Holdings, LLC, on its claims for declaratory judgment regarding the release of escrow funds. The court held that the defendant, AMETEK, Inc., did not submit a valid indemnity claim under the Membership
• In re Morrow Park Holding LLC Consol. C.A. No. 2017-0036-Paf
  Del. Ch.· 2022-08-01
  The court held that neither party breached the agreement governing the sale of the entity that owned the apartments, and the Holtzman Parties failed to establish damages. The court also found that the Holtzman Parties lacked standing to assert other claims and failed to establish
• Stream TV Networks, Inc.
  Del.· 2022-06-15
  The Court held that the Omnibus Agreement constituted an 'Asset Transfer' under Stream's charter, requiring a majority vote of Class B stockholders. Therefore, the Resolution Committee lacked the authority to approve the agreement without such a vote. The Court also clarified tha
• Liberty Mut. Ins. Co. & Liberty Mut. Fire Ins. Co. v. Wolfson
  299 So. 3d 28· Fla. 4th DCA· 2020-06-24
  The appellate court reversed a trial court's judgment, holding that insurance companies were entitled to set off settlement amounts from a jury verdict. The court found that settlement agreements, even if not explicitly apportioned, should be offset against damages awarded to pre
• Beach Towing Servs., Inc. v. Sunset Land Assocs., LLC
  Fla. 3d DCA· 2019-08-28
  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 di
• In re B. H.
  Del. Ch.· 2017-11-16
  The Court affirmed the Master's denial of a petition for plenary guardianship over a minor's settlement funds, holding that a limited guardianship is the default and a plenary guardianship requires a showing of necessity and that it is in the minor's best interests. The court emp
• Pizzadili P'rs, LLC v. Kent Cnty. Bd. of Adjustment & LTR Props., LLC
  Del. Super. Ct.· 2016-08-26
  The Court reversed the Board of Adjustment's decision, holding that the term "Racetracks" in the zoning code encompasses vehicle racetracks. Furthermore, the Court found that a vehicle racetrack does not qualify as a "commercial recreation facility" under the BG District's zoning
• Church of the Palms-Presbyterian (U.S.A.), Inc. v. Cincinnati Ins.
  404 F. Supp. 2d 1339· M.D. Fla.· 2005-11-18
  The court held that the insurance policy's exclusions for fungus and faulty construction unambiguously applied to the mold damage, thus denying coverage.
• Sunbelt Cranes Constr. & Hauling, Inc. v. Gulf Coast Erectors, Inc.
  189 F. Supp. 2d 1341· M.D. Fla.· 2002-02-19
  The court held that the lease agreement's clear language made the lessee liable for all damages to the crane, and prior settlement did not bar this claim against the non-party lessee.
• Ry. Labor Executives' Ass'n v. Nat'l Mediation Bd.
  988 F.2d 133· D.C. Cir.· 1993-03-09
  The dissent's reliance on Chevron is misplaced because the National Mediation Board (NMB) lacks delegated authority to initiate representation proceedings, a power not granted by Congress.
• Int'l Salt Co. v. Geostow
  878 F.2d 570· 2d Cir.· 1989-06-16
  The court held that International Salt possesses a fee simple interest in the salt itself, but not in the excavated chamber, and retains the exclusive right to use the chamber as long as the mine as a whole is not exhausted or abandoned.
• Bauers v. Cornett
  865 F.2d 1517· 8th Cir.· 1989-01-23
  The court held that soliciting partisan campaign contributions from fellow employees violates the Hatch Act and Missouri law, but soliciting funds for nonpartisan lobbying efforts may be protected speech. The court affirmed the denial of relief for using the 'D.E.S.' designation.
• Parks v. Brown
  860 F.2d 1545· 10th Cir.· 1988-10-28
  The court held that prosecutorial arguments minimizing the jury's sentencing responsibility constituted a Caldwell violation, requiring invalidation of the death penalty.
• Auto-Ordnance Corp. v. The United States
  822 F.2d 1566· Fed. Cir.· 1987-07-02
  The dissenting judge would affirm the Claims Court's judgment, finding the sights integral to the firearm, not taxable accessories.
• Marianthi Planes & Bartel, Shuford & Dubitsky, P.A. v. Planes
  432 So. 2d 105· Fla. 3d DCA· 1983-04-26
  In a divorce case, the wife and her attorneys appealed an order denying their motion to compel the husband to pay costs under a property settlement agreement. The court reversed, holding that the parties' clear agreement to pay a specific sum of $4,136.89 in costs (less credits a
• Indian Head, Inc. v. The United States
  597 F.2d 266· C.C.P.A.· 1979-04-26
  The court held that treating wool yarn with an optical brightener like Uvitex constitutes dyeing and imparts color, entitling it to duty-free entry under TSUS item 307.60.
• Calore Express Co., Inc. v. United States
  351 F.2d 596· 1st Cir.· 1965-10-14
  The court held that the defendant trucking company was properly convicted under 49 U.S.C. § 322(c) for exceeding its certificate, as the statute's draftsmanship did not prevent its application to fraudulent violations.