Plain Language Of Statute

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

• Siesta KEY Ass'n of Sarasota, Inc. v. City of Sarasota & Lido KEY Resident Ass'n
  Fla. 2d DCA· 2021-04-14
  The appellate court affirmed the trial court's dismissal of a lawsuit seeking to enjoin a beach restoration project. The court held that the environmental protection act did not allow for an action when the entity was operating under a valid permit, even if other permits might be
• Palm Beach Cnty. Fire Rescue & Preferred Governmental Claims Solutions v. Wilkes
  Fla. 1st DCA· 2020-12-14
  This case concerns whether a first responder timely filed a workers' compensation claim for PTSD. The appellate court reversed the lower court's decision, finding the claim was filed too late based on the statutory deadline.
• Pierre v. Aids Healthcare Found., Inc.
  S.D. Fla.· 2020-10-30
  The court held that to establish a statutorily protected activity under Florida's Whistleblower Act, a plaintiff must demonstrate that the conduct objected to was an actual violation of a law, rule, or regulation, not merely a good faith belief of a violation.
• Norris v. Acting Secretary
  S.D. Fla.· 2020-10-15
  The court held that the 120-day waiting period under 5 U.S.C. § 7702(e)(1)(B) is a strict claims-processing rule, not a jurisdictional prerequisite, and a regulation cannot toll this period. Therefore, the plaintiff's civil action was timely filed.
• Miami Beach Club Motel Condo Assoc. v. RDR Seashore
  Fla. 3d DCA· 2019-01-30
  The appellate court affirmed the denial of attorney's fees for the Association but reversed the denial of taxable costs, remanding for determination of those costs. The court clarified that the opposing party was not a "unit owner" or "invitee" under the relevant statute for atto
• Hadassah v. Melcer
  268 So. 3d 759· Fla. 4th DCA· 2019-01-09
  Three sisters who are current distributees of an irrevocable trust challenged whether charities named as remainder beneficiaries qualify as "qualified beneficiaries" under the Florida Trust Code. The appellate court reversed the trial court's summary judgment, holding that the ch
• United States Fire Ins. Co. & Oxford Shops of S. Fla. v. Hackett
  260 So. 3d 532· Fla. 1st DCA· 2018-12-14
  The court reversed a Judge of Compensation Claims' (JCC) decision denying an Employer/Carrier's petition to modify previously-awarded attendant care benefits. The JCC found evidence of deceit in the reporting of attendant care hours but refused to compel an Independent Medical Ex
• Elso v. Dept. of Highway Safety and Motor Vehicles
  260 So. 3d 489· Fla. 3d DCA· 2018-12-05
  The 30-day requirement in Florida Statute § 322.2615(6)(a) for scheduling a formal review hearing applies only when a person requests a formal review; absent a request after remand, the Department has no statutory duty to schedule a hearing within 30 days and the suspension need
• Bank of Am. v. Eastridge
  Fla. 5th DCA· 2018-08-06
  A defendant in default may assert the defense that plaintiff's complaint fails to state a cause of action. Florida Statute Section 95.18 requires seven years of actual, continuous adverse possession without color of title, which may be tacked with predecessors' possession but can
• Melvin v. State
  246 So. 3d 424· Fla. 4th DCA· 2018-05-09
  The plain language of § 837.055(2) requires only two elements: knowingly and willfully giving false information to law enforcement during a missing child investigation, and the child suffering great bodily harm, permanent disability, permanent disfigurement, or death, with no cau
• Graham v. Uphold
  245 So. 3d 964· Fla. 1st DCA· 2018-04-30
  Dr. Graham challenges a trial court order appointing a custodian to manage a jointly-owned business while dissolution proceedings were statutorily stayed. Dr. Graham elected to purchase Dr. Uphold's shares and requested a fair value determination, which triggered a mandatory stay
• Nixon Lazard v. State
  229 So. 3d 439· Fla. 5th DCA· 2017-10-20
  Nixon Lazard appealed the trial court's denial of his motion to compel the Florida Department of Law Enforcement to issue a certificate of eligibility to seal his criminal history record. The appellate court reversed, holding that the FDLE erred by denying the certificate applica
• Est. OF Enemencia DE LOS Santos v. Nat'l Equity Recovery Servs., Inc.
  208 So. 3d 1268· Fla. 3d DCA· 2017-01-25
  The Estate of Enemencia de los Santos appeals an order awarding National Equity Recovery Services (NERS) $2,292.44 in statutory fees as a surplus trustee in a foreclosure proceeding. The court reversed and remanded for an evidentiary hearing to determine the appropriate amount of
• V. I.D. No. 1602007591 Imeir Murray
  Del. Super. Ct.· 2017-01-11
  The court held that the defendant's motion to dismiss the charges of possession of a firearm by a person prohibited and possession of marijuana should be denied. The court found that the plain language of the statute prohibiting simultaneous possession of a firearm and a controll
• Great Cleaning Corporation/Ascendant v. Bello
  201 So. 3d 186· Fla. 1st DCA· 2016-09-06
  A workers' compensation case in which the court reversed the Judge of Compensation Claims' calculation of a claimant's average weekly wage (AWW), holding that the statutory method under Florida Statutes section 440.14(1)(a) applies because the claimant worked in one employment fo
• Progressive Ins. v. Fla. Hosp.
  9th Cir. Ct. App. Div.· 2016-06-10
  Progressive Insurance appealed a summary judgment requiring it to apply a PIP deductible to a hospital's full charges before applying a fee schedule reimbursement limitation, rather than applying the deductible after the limitation. The court affirmed, holding that Florida Statut
• Hazout
  Del.· 2016-02-26
  The Delaware Supreme Court affirmed the Superior Court's denial of the nonresident officer's motion to dismiss for lack of personal jurisdiction. The Court held that 10 Del. C. § 3114(b) provides a valid statutory basis for jurisdiction under the "necessary or proper party" provi
• Forman v. TAY
  180 So. 3d 1221· Fla. 4th DCA· 2015-12-16
  The court held that a bond automatically expires after 36 months under section 903.31(1), Florida Statutes, and a forfeiture declared after expiration is ineffectual.
• Munroe v. State
  177 So. 3d 320· Fla. 1st DCA· 2015-10-26
  The trial court properly denied the motion to suppress because section 316.605(1) prohibits obstruction of a license tag's alphanumeric designation by any matter, whether on or external to the tag, and the court certified conflict with Harris v. State's contrary interpretation.
• Progressive Ins. v. Emergency Physicians
  9th Cir. Ct. App. Div.· 2015-07-05
  Progressive Insurance appeals a summary judgment ruling that required it to pay an emergency physician provider's insurance claim outside of the policy's deductible. The appellate court affirmed, holding that Florida's statutory scheme protecting priority emergency providers from
• Merion Cap. LP v. C.A. No. 8900-VCG BMC Software, Inc.
  Del. Ch.· 2015-01-05
  The Court of Chancery denied BMC Software's motion for summary judgment, holding that Merion Capital LP had perfected its right to appraisal. The court found that the Delaware appraisal statute, 8 Del. C. 262, does not require a petitioner to trace the voting history of specific
• USAA v. Fla. Hosp. Med. Ctr.
  9th Cir. Ct. App. Div.· 2014-02-01
  USAA appeals a summary judgment requiring it to apply a $1,000 PIP deductible to a patient's full medical charges before applying statutory fee schedule reductions, rather than applying the fee schedule first and then subtracting the deductible. The court affirmed, holding that t
• Escambia Cnty. Sch. District/Board v. Vickery-Orso
  109 So. 3d 1242· Fla. 1st DCA· 2013-04-03
  In this workers' compensation appeal, the Florida First District Court of Appeal reversed a Judge of Compensation Claims' order awarding an upward adjustment in the compensation rate and associated penalties, interest, costs, and attorney's fees. The court held that the proper ca
• Thousand Oaks at Cong. Master Ass'n, Inc. v. Pudlit Joint Venture LLP
  15th Cir. Ct. App. Div.· 2009-09-28
  This case concerns whether a homeowners' association declaration can override a Florida statute requiring new property owners to pay unpaid assessments. The appellate court reversed summary judgment for Pudlit, holding that section 720.3085(2)(b) mandates liability for unpaid ass
• Dawson v. Clerk OF the Cir. Court-Hillsborough Cnty. & Johns E. Co.
  991 So. 2d 407· Fla. 1st DCA· 2008-09-23
  In this workers' compensation appeal, the Florida District Court of Appeal reversed the Judge of Compensation Claims' denial of the claimant's request for a one-time change of physician and his appointment of an expert medical advisor. The court found the claimant was statutorily
• Smith v. State
  955 So. 2d 21· Fla. 3d DCA· 2006-12-06
  Eric Smith appeals an order compelling him to submit to a DNA oral swab test under Florida's DNA statute. The Third District Court of Appeal reversed, holding that Smith was not subject to the statute because he was neither incarcerated nor under any form of court-ordered supervi
• State Farm Mut. Auto. Co. v. Renfroe
  915 So. 2d 212· Fla. 1st DCA· 2005-10-31
  The court held that the circuit court erred in refusing to apply the statutory definition of 'medically necessary' as it departed from the essential requirements of law.
• State v. Harbor Utils. Co., Inc.
  684 So. 2d 301· Fla. 2d DCA· 1996-12-13
  Corporate officers are included under the plain language of Florida's Air and Water Pollution Control Act, imposing personal liability for violations.
• Videon Chevrolet v. Gen. Motors Corp.
  992 F.2d 482· 3d Cir.· 1993-05-03
  The court held that the district court erred in granting summary judgment, finding that the Marketing Initiative's accounting treatment and Videon's deposition testimony presented genuine issues of material fact regarding whether it constituted a violation of the Pennsylvania Boa
• Boorde v. Lone Star Life Ins. Co.
  493 So. 2d 506· Fla. 1st DCA· 1986-08-20