Plain Language Of Statute

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

• Pardo v. State
  596 So. 2d 665· Fla.· 1992-03-26 ·cited 438×
  The Florida Supreme Court held that a child victim's hearsay statements qualifying under Fla. Stat. § 90.803(23) may be admissible even when the child testifies fully at trial and the statements are characterized as prior consistent statements, but such statements remain subject
• Daniels v. Fla. Dep't OF Health
  898 So. 2d 61· Fla.· 2005-03-10 ·cited 272×
  The Florida Supreme Court held that an individual owner of a corporation who is sued in their individual capacity by a state agency is not entitled to attorney's fees under the Florida Equal Access to Justice Act (FEAJA), even if they are the sole owner and control the business.
• Cordette Woodham v. Blue Cross & Blue Shield OF Fla., Inc.
  829 So. 2d 891· Fla.· 2002-10-10 ·cited 110×
  The Florida Supreme Court held that an EEOC dismissal notice stating it was "unable to conclude" violations occurred does not constitute a "no cause" determination under Florida's Civil Rights Act, and therefore does not bar a claimant from filing suit in circuit court when the n
• Dom Miele v. Prudential-Bache Sec., Inc.
  656 So. 2d 470· Fla.· 1995-06-08 ·cited 85×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding whether Florida's punitive damages splitting statute (§ 768.73) applies to arbitration awards. The court held that the statute does not apply to arbitration proceedings, reasoning that "ci
• Marrero v. State
  71 So. 3d 881· Fla.· 2011-09-15 ·cited 66×
  The Florida Supreme Court held that the amount of property damage is an essential element of felony criminal mischief that must be proven beyond a reasonable doubt by the State, and rejected the lower court's application of a "life experience" exception that allowed conviction wi
• Exposito v. State
  891 So. 2d 525· Fla.· 2004-12-23 ·cited 61×
  The Florida Supreme Court held that section 924.07, Florida Statutes, does not authorize a State appeal from a post-trial order reducing a charge pursuant to Florida Rule of Criminal Procedure 3.620. The Court resolved a conflict between the Third and Fourth District Courts of Ap
• Hawkins v. Ford Motor Co.
  748 So. 2d 993· Fla.· 1999-10-14 ·cited 57×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding which statutory provisions govern a motor vehicle manufacturer's objection to the proposed transfer of all equity interest in a corporate dealership. The Court held that section 320.643(2)
• Rhodes v. State
  704 So. 2d 1080· Fla. 1st DCA· 1997-12-30 ·cited 57×
  James Rhodes appeals his habitual felony offender sentences imposed after a plea of nolo contendere to burglary and grand theft. The court reversed the habitual offender sentences because one predicate felony was committed after the offenses being sentenced, violating the statuto
• Shands Teaching Hosp. & Clinics, Inc. v. Mercury Ins. Co. OF Fla.
  97 So. 3d 204· Fla.· 2012-06-07 ·cited 55×
  The Florida Supreme Court held that while a special state lien law for Alachua County hospitals is unconstitutional under the prohibition on special laws pertaining to liens based on private contracts, the identical county ordinance is constitutional as a valid local enactment. T
• D.M.T. v. T.M.H.
  129 So. 3d 320· Fla.· 2013-11-07 ·cited 51×
  The Florida Supreme Court held that section 742.14 of Florida's assisted reproductive technology statute is unconstitutional as applied to T.M.H., a biological mother in a same-sex couple who provided her egg to her partner for joint conception and parenting of a child. The statu
• State v. Woodruff
  676 So. 2d 975· Fla.· 1996-05-16 ·cited 48×
  The Florida Supreme Court held that while estoppel barred prosecution of misdemeanor DUI charges discharged for speedy trial violations, the State could not prosecute felony DUI charges arising from the same conduct because Florida law requires proof of a current misdemeanor DUI
• Brown v. City OF Vero Beach & Indian River Cnty. Bd. of Cnty. Comm'rs
  64 So. 3d 172· Fla. 4th DCA· 2011-06-29 ·cited 47×
  The parents of a 14-year-old boy who drowned in a rip current at a public beach sued the City of Vero Beach and Indian River County for negligently failing to warn of dangerous ocean conditions. The court affirmed dismissal, holding that Florida Statute § 380.276(6), which became
• Kingsway Amigo Ins. Co. v. Ocean Health, Inc.
  63 So. 3d 63· Fla. 4th DCA· 2011-05-18 ·cited 45×
  Kingsway Amigo Insurance Company appealed a summary judgment holding that it must pay PIP benefits at 80% of reasonable medically necessary expenses under the policy's stated methodology, rather than the lower Medicare Part B fee schedule permitted by statute. The court held that
• State v. Chubbuck
  141 So. 3d 1163· Fla.· 2014-06-19 ·cited 42×
  The Florida Supreme Court held that a defendant seeking a downward departure sentence under Florida Statute § 921.0026(2)(d) for specialized treatment of a mental disorder or physical disability is not required to prove that such treatment is unavailable in the Florida Department
• United States v. Rosado
  866 F.2d 967· 7th Cir.· 1989-02-03 ·cited 40×
  The court held that a defendant "used" or "carried" a firearm under 18 U.S.C. § 924(c) when the concealed weapon was in a jacket worn to a drug transaction, even if not displayed, as it facilitated the crime. The court also held that a prosecutor's remark about "organized crime"
• Williams v. State
  707 So. 2d 683· Fla.· 1998-02-12 ·cited 32×
  Samuel Francis Williams was convicted of first-degree murder and sentenced to death for shooting Bobby Burke during an attempted robbery. The Florida Supreme Court affirmed the murder conviction but vacated the death sentence because the trial court improperly used Williams' juve
• Gonzalez v. State
  15 So. 3d 37· Fla. 2d DCA· 2009-05-20 ·cited 31×
  The court held that a criminal charge against a mentally retarded defendant adjudicated incompetent to stand trial must be dismissed when it becomes evident he cannot be restored to competency, even if the two-year statutory maximum has not expired. The court rejected the lower c
• Fla. Hurricane Prot. & Awning, Inc. v. Ethlyn Pastina
  43 So. 3d 893· Fla. 4th DCA· 2010-09-08 ·cited 30×
  A contractor sought review of a trial court's award of attorney's fees to a homeowner in a breach of contract dispute over shutter installation. The Fourth District Court of Appeal reversed, holding that Florida Statute § 57.105(7) requires strict reciprocity in attorney's fee pr
• Villanueva v. State
  200 So. 3d 47· Fla.· 2016-07-07 ·cited 29×
  The Florida Supreme Court held that while trial courts have broad discretion to impose sex offender therapy as a special probation condition for non-enumerated offenses, such therapy was invalid in this case because it failed to satisfy the Biller standard requiring probation con
• Knipp v. State
  67 So. 3d 376· Fla. 4th DCA· 2011-08-03 ·cited 29×
  Two defendants challenged dismissal of 'doctor shopping' charges under Florida's statute prohibiting withholding information from prescribers about recent similar prescriptions. The court affirmed the denial of dismissal on doctor shopping charges, holding that the statute impose
• Bradley v. Austin
  841 F.2d 1288· 6th Cir.· 1988-03-21 ·cited 28×
  The court held that the AFDC regulations implementing the Deficit Reduction Act of 1984's family filing unit provision, which require the inclusion of OASDI benefits in determining AFDC eligibility, do not conflict with the Social Security Act or violate constitutional due proces
• White v. Mederi Caretenders Visiting Servs. OF Se. Fla., LLC
  226 So. 3d 774· Fla.· 2017-09-14 ·cited 25×
  The Florida Supreme Court held that home health service referral sources can constitute a protected legitimate business interest under Florida Statutes § 542.335, resolving a conflict between district courts. The Court approved the Fourth District's decision in White and quashed
• Wiley v. State
  125 So. 3d 235· Fla. 4th DCA· 2013-02-27 ·cited 23×
  Eric Wiley appeals his life sentence with a 25-year mandatory minimum under Florida's 10/20/Life statute for third-degree murder committed with a firearm discharge that killed another person. The Fourth District Court of Appeal affirms, holding that the statute applies regardless
• State v. Tuttle
  177 So. 3d 1246· Fla.· 2015-11-12 ·cited 22×
  The Florida Supreme Court resolved a conflict among district courts regarding which conviction must be vacated when a defendant is convicted of overlapping crimes where the lesser offense (by statutory elements) carries a greater punishment than the greater offense. The Court hel
• Fluet v. Fla. Birth-Related Neurological Injury Comp. Ass'n
  788 So. 2d 1010· Fla. 2d DCA· 2001-03-07 ·cited 22×
  A physician who authorizes the use of Pitocin during a delivery has 'delivered' obstetrical services, even if not physically present in the delivery room.
• ST. George Island, Ltd. v. Rudd
  547 So. 2d 958· Fla. 1st DCA· 1989-07-18 ·cited 21×
  St. George Island, Ltd. sought a writ of prohibition to disqualify a circuit judge who had allegedly expressed bias against a key witness during a hearing in an unrelated case. The Florida First District Court of Appeal granted the petition, holding that the judge's remark that h
• In the interest of A.W. and J.W. v. Dep't of Child. & Fam. Servs.
  816 So. 2d 1261· Fla. 2d DCA· 2002-06-05 ·cited 20×
  A father's parental rights were terminated based on a statute allowing termination when a parent will be incarcerated for a substantial portion of the period before the child reaches age eighteen. The appellate court reversed, holding that the statute's plain language permits cou
• Longo v. Associated Limousine Servs., Inc.
  236 So. 3d 1115· Fla. 4th DCA· 2018-01-24 ·cited 19×
  A judgment creditor who files a motion and affidavit satisfying section 56.29(1) is entitled to proceedings supplementary as a matter of right, but impleader of third parties under section 56.29(2) requires the judgment creditor to describe with reasonable particularity any prope
• DMB Inv. Tr. & SKB Inv. Tr. v. Islamorada
  225 So. 3d 312· Fla. 3d DCA· 2017-07-19 ·cited 17×
  DMB Investment Trust and SKB Investment Trust petitioned for certiorari review of a circuit court decision affirming a code compliance order requiring them to remove a swim buoy system installed on their waterfront property without a Village permit. The District Court of Appeal r
• United Auto. Ins. Co. v. A 1ST Choice Healthcare Sys.
  21 So. 3d 124· Fla. 3d DCA· 2009-11-04 ·cited 17×
  United Automobile Insurance Company sought certiorari review of a circuit court's per curiam affirmance upholding a county court judgment that recognized a private right of action under Florida's personal injury protection statute for an insurer's failure to timely provide an Exp
• United States v. Raymer
  876 F.2d 383· 5th Cir.· 1989-06-20 ·cited 17×
  The court held that a confession obtained after Miranda warnings is voluntary if there is no police coercion, and that threats against retired probation officers are covered by 18 U.S.C. § 115.
• United Transp. Union v. Drew Lewis
  711 F.2d 233· D.C. Cir.· 1983-06-17 ·cited 16×
  The court held that Section 2 of the Safety Appliance Acts mandates specific safety equipment, not operating procedures, and thus does not prohibit employees from going between cars during coupling operations.
• In the Interest of J. F.
  384 So. 2d 713· Fla. 3d DCA· 1980-06-03 ·cited 16×
  A Florida appellate court affirmed a trial court's order permanently committing a child to the Department of Health and Rehabilitative Services for adoption, terminating the natural mother's parental rights. The court rejected the mother's argument that the trial court applied an
• USAA Gen. Indem. Co. v. William J. Gogan, M.D.
  238 So. 3d 937· Fla. 4th DCA· 2018-03-14 ·cited 15×
  An insurer must apply a policy deductible to 100 percent of an insured's actual medical expenses and losses before applying any Medicare fee schedule reductions found in section 627.736(5)(a). Fee schedules are reimbursement limitations that apply only during the Benefits Phase w
• Antoine E. McCloud v. State
  260 So. 3d 911· Fla.· 2018-12-20 ·cited 14×
  The Florida Supreme Court resolved a conflict between district courts regarding the proper interpretation of Florida's witness tampering statute (§ 914.22(1)(e)). The Court held that the statute does not require proof that a witness attempted to contact law enforcement as an elem
• Overseas Educ. Ass'n (A Unified State Affiliate of the Nat'l Educ. Association) v. Fed. Labor Relations Auth.
  824 F.2d 61· D.C. Cir.· 1987-07-24 ·cited 14×
  Federal court jurisdiction over FLRA decisions reviewing arbitral awards exists only if the FLRA's order involves a statutory unfair labor practice, not merely if the underlying conduct could be characterized as such.
• Ark. Valley Indus., Inc. v. Freeman
  415 F.2d 713· 8th Cir.· 1969-07-30 ·cited 14×
  The Secretary of Agriculture lacked the statutory authority to issue a cease and desist order against live poultry dealers and handlers, as the relevant procedural sections of the Packers and Stockyards Act apply only to 'packers'.
• Deutsche Bank Nat'l Tr. Co. for Morgan Stanley Home Equity Loan Tr. 2007-1 v. Hagstrom
  203 So. 3d 918· Fla. 2d DCA· 2016-07-20 ·cited 13×
  Deutsche Bank, as holder of a promissory note secured by a mortgage, appealed a summary judgment granted to homeowners on grounds that Deutsche Bank failed to comply with Florida's notice requirement in section 559.715 for assignment of debt collection rights. The court reversed,
• Spurgeon v. State
  114 So. 3d 1042· Fla. 5th DCA· 2013-05-31 ·cited 12×
  Jay William Spurgeon was convicted of battery on an emergency medical care provider for spitting at hospital security officer Carlena DenDekker. The Florida appellate court reversed and remanded for a new trial, finding the State failed to prove the victim was an "emergency medic
• W. Coast Truck Lines, Inc. v. Arcata Cmty. Recycling Ctr., Inc.
  846 F.2d 1239· 9th Cir.· 1988-05-23 ·cited 12×
  Section 10733 of the Interstate Commerce Act exempts motor carriers from general tariff rate filing requirements when transporting recyclable materials, allowing them to charge reduced rates without prior filing.
• Tywaun Jackson v. State
  802 So. 2d 1213· Fla. 2d DCA· 2002-01-09 ·cited 11×
  Jackson, a person civilly committed as a sexually violent predator under Florida's Jimmy Ryce Act, petitioned for habeas corpus or mandamus relief claiming the Department failed to provide required annual mental examinations, written notice of release rights, and judicial review.
• Sailboat Apt. Corp. v. Chase Manhattan Mortg. & Realty Tr.
  363 So. 2d 564· Fla. 3d DCA· 1978-08-15 ·cited 11×
  Sailboat Apartment Corporation challenged a floating-rate loan as usurious when prime-based interest rates spiked to over 15% annually. The court held that Florida's usury statute requires spreading only advances and forbearances over a loan's term, not variable interest charges,
• Charles v. S. Baptist Hosp. OF Fla., Inc.
  209 So. 3d 1199· Fla.· 2017-01-31 ·cited 10×
  The Florida Supreme Court reversed the First District Court of Appeal's decision that the federal Patient Safety and Quality Improvement Act preempts Florida's constitutional Amendment 7, which grants patients access to adverse medical incident records. The Court held that the Fe
• State v. Jones
  283 So. 3d 1259· Fla. 2d DCA· 2019-11-01 ·cited 9×
  The State appealed the suppression of Ruben Allen Jones's statements of identity made during a crash investigation, which were later used to charge him with driving on a suspended license. The central issue is whether Florida's statutory accident-report privilege under section 31
• Alachua Cnty. v. Expedia, Inc.
  110 So. 3d 941· Fla. 1st DCA· 2013-02-28 ·cited 9×
  Florida counties appealed a trial court's decision that the Tourist Development Tax (a bed tax on hotel stays) applies only to the amount that online travel companies (like Expedia and Orbitz) remit to hotels, not to the markup they retain. The First District Court of Appeal affi
• Nationwide Mut. Fire Ins. Co. v. Hild
  818 So. 2d 714· Fla. 2d DCA· 2002-06-21 ·cited 8×
  An insurer is not required to obtain a new uninsured motorist (UM) selection form when a vehicle is added to an existing policy, if the insured initially selected non-stacked UM coverage and received annual notices of UM options.
• McDONALD v. State
  631 So. 2d 1137· Fla. 4th DCA· 1994-02-16 ·cited 8×
  McDonald appealed his conviction and sentence for cocaine sale, challenging an attorney's fee assessment of $750 and a $150 mandatory donation to a drug fund. The court affirmed that attorney's fees can be assessed against public defender clients but reversed the fee award becaus
• United States v. Mario B. and Joseph L. Capano
  786 F.2d 122· 3d Cir.· 1986-03-11 ·cited 8×
  The dissenting judge would reverse the district court's order dismissing the indictment, arguing that the statute clearly criminalizes equity skimming from all HUD-mortgaged properties in default, regardless of modification or extension requests.
• State v. Jamell Demons
  351 So. 3d 10· Fla. 4th DCA· 2022-11-09 ·cited 7×
  The appellate court ruled that a superseding indictment adding a gang enhancement did not require the state to refile its notice of intent to seek the death penalty. The court found the original notice, filed within the statutory timeframe, remained valid.
• Stevens v. State
  226 So. 3d 787· Fla.· 2017-09-14 ·cited 6×
  The Florida Supreme Court resolved a conflict between district courts regarding whether a defendant charged with first-degree arson is entitled to a jury instruction on second-degree arson when the evidence undisputedly shows the burned structure was a dwelling. The Court held th