Plain And Ordinary Meaning

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

• Brake v. State
  746 So. 2d 527· Fla. 2d DCA· 1999-12-10 ·cited 6×
  James Brake appealed his conviction for luring or enticing a child under section 787.025, challenging the constitutionality of the statute on vagueness grounds. The Florida District Court of Appeal agreed that the term "other than a lawful purpose" is unconstitutionally vague and
• McCANN v. State
  711 So. 2d 1290· Fla. 4th DCA· 1998-05-27 ·cited 6×
  William McCann was convicted of attempting to procure a person under 18 for prostitution. The Fourth District Court of Appeal affirmed the conviction but remanded for correction of the judgment to reflect the attempt charge rather than the principal offense, and upheld the consti
• State v. Deese
  495 So. 2d 286· Fla. 2d DCA· 1986-10-03 ·cited 6×
  Florida appeals the trial court's order striking down a statute regulating the use of red emergency lights on vehicles as unconstitutionally vague. The appellate court reverses, holding that the statute satisfies due process requirements because its terms are sufficiently clear w
• Galleon BAY Corp. v. Bd. OF Cnty. Comm'rs OF Monroe Cnty.
  105 So. 3d 555· Fla. 3d DCA· 2012-12-05 ·cited 5×
  Galleon Bay Corporation sought inverse condemnation for regulatory taking of its property in Monroe County, Florida. After decades of litigation, the appellate court reversed the trial court's judgment denying liability, finding that the ROGO ordinance and related regulations had
• Grohs v. State
  944 So. 2d 450· Fla. 4th DCA· 2006-11-22 ·cited 5×
  Steven Grohs was convicted under Florida Statute 847.0135(3) for using online communications to seduce, solicit, lure, or entice a person he believed to be a 15-year-old child to engage in illegal sexual conduct. On appeal, Grohs challenged the trial court's answer to a jury ques
• Hardie v. State
  162 So. 3d 297· Fla. 2d DCA· 2015-03-20 ·cited 4×
  Joe Hardie, a pastor, appeals his convictions for grand theft and money laundering arising from his misappropriation of church funds. The Florida appellate court affirmed his convictions but reversed his downward departure sentence because he failed to present competent, substant
• King v. State
  59 So. 3d 272· Fla. 4th DCA· 2011-04-13 ·cited 4×
  Franklin King was convicted of transmitting material harmful to a minor via electronic mail under Florida law. King appealed, arguing the trial court abused its discretion by failing to instruct the jury that 'transmission' requires both sending and receiving. The appellate court
• Winter Park Imports, Inc. v. JM Fam. Enters.
  24 So. 3d 633· Fla. 5th DCA· 2009-12-04 ·cited 4×
  Winter Park Imports, Inc. (Lexus of Orlando) sued affiliated companies of Southeast Toyota Distributors for allegedly violating the Florida Dealer Act by operating Lexus dealerships. The trial court granted summary judgment for the defendants, and the appellate court affirmed, ho
• Barber v. State
  988 So. 2d 1170· Fla. 4th DCA· 2008-08-06 ·cited 4×
  Marvin Barber, convicted of sexual battery offenses in 1980 and 1990, challenges his civil commitment under Florida's Jimmy Ryce Act. The Fourth District Court of Appeal holds that "in custody" under the Act encompasses both actual and constructive custody, including conditional
• State v. Bley
  652 So. 2d 1159· Fla. 2d DCA· 1995-03-01 ·cited 4×
  The court held that section 827.04(2), Florida Statutes (1993), is not impermissibly vague, despite the lack of a specific definition for 'physical injury'.
• Rhea v. Sch. Bd. OF Alachua Cnty.
  636 So. 2d 1383· Fla. 1st DCA· 1994-05-18 ·cited 4×
  Darnell Rhea challenged the Alachua County School Board's decision to hold a workshop in Orlando, Florida, over 100 miles from its headquarters, arguing it violated the Government in the Sunshine Law by denying county residents reasonable access. The Florida appellate court rever
• Gregory v. The Home Ins. Co.
  876 F.2d 602· 7th Cir.· 1989-06-12 ·cited 4×
  The court held that multiple claims arising from a lawyer's related acts and advice concerning a single investment offering should be treated as a single claim under the professional liability policy, thus applying the per-claim limit.
• N.H. v. State
  358 So. 3d 477· Fla. 5th DCA· 2023-03-27 ·cited 3×
  There was sufficient probable cause to find that a minor violated Florida Statute 836.10(2)(a) by placing a written threat to kill on her desk in a public school classroom in plain view of a teacher. The statute prohibits sending, posting, or transmitting a written threat in any
• Garcia v. Junior
  325 So. 3d 220· Fla. 3d DCA· 2021-07-14 ·cited 3×
  Alex Garcia, a 16-year-old with a learner's permit, was charged with four counts of DUI manslaughter after driving his mother's vehicle at excessive speeds and causing a fatal crash that killed four occupants of another vehicle. The trial court ordered pretrial detention, and Gar
• Lindemuth v. State
  247 So. 3d 635· Fla. 3d DCA· 2018-05-16 ·cited 3×
  Ryan Charles Lindemuth appeals his conviction for interfering with the custody of a minor under Florida Statute section 787.03(1). The trial court convicted Lindemuth of attempting to entice a fourteen-year-old minor into his car by offering money, and he was sentenced to five ye
• Femesha Foster v. State
  937 So. 2d 742· Fla. 4th DCA· 2006-09-01 ·cited 3×
  The court held that the term 'poison' in section 859.01, Florida Statutes, is not unconstitutionally vague because it has a plain and ordinary meaning understandable by a person of ordinary intelligence.
• Utah Power & Light Co. v. Fed. Ins. Co.
  983 F.2d 1549· 10th Cir.· 1993-01-26 ·cited 3×
  The court held that Utah Power & Light (UP & L) was an insured under International's policy, that International was estopped from rescinding the policy due to misrepresentations and omissions, and that International was barred from contesting the reasonableness of the settlement
• L. C. v. State
  283 So. 3d 442· Fla. 2d DCA· 2019-11-06 ·cited 2×
  A statement expressing an intention to inflict future violence is a threat, not a false report, and does not violate Florida Statute 790.163(1), which proscribes making false reports concerning the use of firearms in a violent manner.
• Ellison v. State
  132 So. 3d 291· Fla. 4th DCA· 2014-01-08 ·cited 2×
  An employee of a private company operating a state prison is subject to bribery statutes if their conduct would be criminal if committed by a state employee at a state prison, due to the Correctional Privatization Act.
• Lone Star Indus., Inc. v. Liberty Mut. Ins. Co.
  688 So. 2d 950· Fla. 3d DCA· 1997-02-19 ·cited 2×
  An internal transfer of funds between a company's departments does not constitute a taxable cost for a bond premium under Florida Rule of Appellate Procedure 9.400.
• SAM Bloom Plumbing Co. & S. Fire Adjusters v. Boykin
  513 So. 2d 193· Fla. 1st DCA· 1987-09-10 ·cited 2×
  The court held that the claimant's average weekly wage should not be calculated under the statute for minors, as he had reached the age of majority, but affirmed the award of other benefits and fees.
• State v. Rosario
  303 So. 3d 555· Fla. 5th DCA· 2020-09-10 ·cited 1×
  Juan Rosario was convicted of first-degree murder and arson and sentenced to death, but the trial court granted him a new penalty phase hearing based on a finding of ineffective assistance of counsel without providing the State notice or an opportunity to be heard and without hol
• R.N. v. State
  257 So. 3d 507· Fla. 4th DCA· 2018-11-07 ·cited 1×
  Section 843.19(4), Florida Statutes requires the State to prove that the accused acted with actual malice (ill will, hatred, spite, or evil intent) with respect to all verbs in the statutory series, and the State failed to establish such malice where evidence showed only that the
• Ellis v. State
  258 So. 3d 491· Fla. 1st DCA· 2018-05-03 ·cited 1×
  Evidence that a law enforcement patrol vehicle bore the words "Pensacola Police Department" and "PENSACOLAPOLICE.COM" on it, confirmed by officer testimony and body-cam video, is legally sufficient to establish that agency insignia and jurisdictional markings were prominently dis
• Harrell v. Florida Bar
  490 F. Supp. 2d 381· M.D. Fla.· 2011-09-30 ·cited 1×
  The court held that the Florida Bar Rules prohibiting "quality of legal services" statements and "promises results" are not unconstitutionally vague, as they provide sufficient notice and enforcement standards for lawyers of ordinary intelligence.
• Hernando Cnty. v. The Fla. Pub. Serv. Comm'n & S. States Utils., Inc.
  685 So. 2d 48· Fla. 1st DCA· 1996-12-12 ·cited 1×
  Florida counties appealed a Public Service Commission order asserting exclusive jurisdiction over Southern States Utilities' facilities across multiple counties based on centralized management and administrative functions. The appellate court reversed, holding that the PSC misint
• Nisbany Surit-Garcias v. State
  Fla. 4th DCA· 2024-07-10
  The trial court did not abuse its discretion in denying the defendant's motion for mistrial where the prosecutor mentioned a 0.17 blood alcohol level in opening statement but the toxicologist refused to perform retrograde extrapolation at trial, because the prosecutor had a good
• Wherevertv, Inc. v. Comcast Cable Commc'ns, LLC
  M.D. Fla.· 2023-06-05
  The court held that the defendant's Xfinity X1 platform did not literally infringe the plaintiff's patent because the evidence did not show that the X1 met the 'adding or deleting channels' or 'interactive program guide application installed on the device' limitations of the asse
• Liliana Francisca Vanegas v. State
  Fla. 3d DCA· 2023-04-26
  The court denied a petition for writ of habeas corpus, holding that a parent could be charged with interference with child custody under section 787.03(1), Florida Statutes, even if they retain parental rights. The court found the statute's plain language applied broadly to "whoe
• DeCurtis LLC v. Carnival Corp.
  S.D. Fla.· 2022-07-27
  The court adopted the magistrate judge's report and recommendations, granting Carnival's claim construction brief and denying DeCurtis's motion for summary judgment regarding patent invalidity.
• Daniel v. State
  Fla. 5th DCA· 2021-05-18
  Jeffrey Thomas Daniel challenged his pretrial detention order, arguing that the trial court erroneously interpreted section 907.041(4)(c)2 of the Florida Statutes by treating law enforcement officers as "judicial officers" for purposes of pretrial detention. The Fifth District Co
• London v. State
  Fla. 3d DCA· 2021-01-20
  This case reviews whether a Florida statute criminalizing threats against law enforcement officers is unconstitutionally overbroad under the First Amendment. The court held that the statute, when narrowly construed to apply only to "true threats" (serious expressions of intent to
• Risech v. State
  Fla. 1st DCA· 2020-04-09
  The appellate court affirmed a defendant's convictions for burglary, felony battery, and harassing a victim. The court found sufficient evidence for the harassment charge and that the defendant's attempt to strike a juror based on a general dislike was not a valid race-neutral re
• State v. Fla. Senior Living Ass'n, Inc.
  Fla. 1st DCA· 2020-01-29
  The appellate court reversed an administrative law judge's (ALJ) decision that invalidated several proposed rules for assisted living facilities (ALFs). The court found that the petitions challenging the rules were untimely and that the ALJ erred in invalidating the rules, which
• Peterson v. City of Winter Park Code Enf't Bd.
  9th Cir. Ct. App. Div.· 2014-11-07
  Jon Christian Peterson appeals a Code Enforcement Board order finding him in violation of Winter Park's Land Development Code for storing a trailer on his residential property. The appellate court affirmed the violation finding but reversed and struck language incorrectly charact
• Connor v. Seaside Nat'l Bank
  135 So. 3d 508· Fla. 5th DCA· 2014-03-28
  The court held that the proceeds of annuity contracts are exempt from garnishment under section 222.14, Florida Statutes, even if the debtor is not the named annuitant, as long as they are the beneficiary with a direct right to the proceeds.
• Raymond v. Life Ins. Co. of N. Am.
  732 F. Supp. 2d 347· S.D. Fla.· 2010-10-20
  The court held that the accidental death benefits were properly denied because the decedent's death resulted from the medical treatment of a sickness (insomnia), which was excluded under the policy terms.
• State v. Damien Tavelle Bryant
  953 So. 2d 585· Fla. 1st DCA· 2007-03-07
  Florida appeals a trial court's dismissal of a drug paraphernalia charge, arguing that the statute criminalizing use of drug paraphernalia to transport controlled substances is not unconstitutionally overbroad or vague. The appellate court reverses, holding that the term 'transpo
• Velde v. Velde
  867 So. 2d 501· Fla. 4th DCA· 2004-02-25
  In this estate case, the Fourth District Court of Appeal affirmed that a surviving spouse's election to take elective share was timely even though filed after the normal four-month statutory period, because the spouse commenced a "proceeding" to determine the complete extent of t
• Glaxo Wellcome, Inc. v. Andrx Pharms., Inc.
  190 F. Supp. 2d 1354· S.D. Fla.· 2002-02-28
  The court held that the patent claims, when properly construed, do not cover Andrx's product because the term HPMC should be limited to high-density, high-viscosity grades used for release control, not the low-grade HPMC used by Andrx for coating.
• State v. Pavon
  792 So. 2d 665· Fla. 4th DCA· 2001-08-29
  Florida appeals a trial court's dismissal of charges against Pavon for practicing as an unlicensed interior designer. The court holds that sections 481.223 and 481.229, Florida Statutes, are not unconstitutionally vague and reverse the dismissal, reinstating the charges.
• State v. Sailer
  645 So. 2d 1114· Fla. 3d DCA· 1994-12-07
  The court held that the statute prohibiting a notary public from falsely or fraudulently taking an acknowledgment is not unconstitutionally vague.
• State v. C.H.
  421 So. 2d 62· Fla. 4th DCA· 1982-11-03
  Florida appealed a trial court's order invalidating section 777.03, Fla. Stat., which immunizes certain family members from criminal prosecution for aiding a fugitive relative. The appellate court reversed, holding the statute is neither void for vagueness nor violative of equal