Plain Language Rule

584 Florida cases classified under this topic, plus 392 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Pardo v. State
  596 So. 2d 665· Fla.· 1992-03-26 ·cited 438×·via Plain Language Of Statute
  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
• Auto-Owners Ins. Co. v. Anderson
  756 So. 2d 29· Fla.· 2000-03-23 ·cited 290×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding insurance policy interpretation. The Court held that a tractor and trailer, each separately insured and listed in the policy declarations, should be treated as two separate covered automob
• Daniels v. Fla. Dep't OF Health
  898 So. 2d 61· Fla.· 2005-03-10 ·cited 272×·via Plain Language Of Statute
  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.
• Williams v. State
  186 So. 3d 989· Fla.· 2016-03-03 ·cited 217×
  The Florida Supreme Court held that section 775.087(2)(d) of the 10-20-Life statute does not mandate consecutive sentences for multiple qualifying firearm offenses arising from a single criminal episode, despite the statute's use of the mandatory term "shall." The Court reversed
• United States v. Matra
  841 F.2d 837· 8th Cir.· 1988-03-09 ·cited 207×
  The court held that the evidence was sufficient to convict the defendant of possession of cocaine with intent to distribute, possession of an unregistered machine gun, and using a machine gun during a drug trafficking offense, and that possession with intent to distribute qualifi
• Martinez v. State
  981 So. 2d 449· Fla.· 2008-02-21 ·cited 206×
  The Florida Supreme Court held that the forcible-felony instruction under section 776.041(1) may only be given when a defendant is charged with an independent forcible felony separate from the crime for which self-defense is claimed. Although the trial court erred in giving the i
• Mosley v. State
  209 So. 3d 1248· Fla.· 2016-12-22 ·cited 199×·via Plain Language
  John Mosley was convicted of murdering his girlfriend and infant son in April 2004 and sentenced to death for the child's murder and life imprisonment for the girlfriend's murder. The Florida Supreme Court affirmed his convictions and death sentence on direct appeal. In this post
• Swire Pac. Holdings, Inc. v. Zurich Ins. Co.
  845 So. 2d 161· Fla.· 2003-04-10 ·cited 199×
  Swire Pacific Holdings sought insurance coverage under a builder's risk policy for $4.5 million in costs to repair structural deficiencies caused by design errors. The Florida Supreme Court held that the policy's Design Defect Exclusion Clause bars coverage for repair costs and t
• Kasischke v. State
  991 So. 2d 803· Fla.· 2008-07-10 ·cited 184×·via Plain Language Interpretation
  The Florida Supreme Court resolved a conflict between district courts regarding the interpretation of a statute requiring judges to impose conditions on sexual offenders on probation or community control. The Court held that a prohibition on possessing pornographic material appli
• Larimore v. State
  2 So. 3d 101· Fla.· 2008-12-11 ·cited 169×·via Plain Language
  The Florida Supreme Court held that the Involuntary Civil Commitment of Sexually Violent Predators Act (Jimmy Ryce Act) requires that an individual be in lawful custody when the State initiates civil commitment proceedings in order for a circuit court to have jurisdiction over th
• Siegle v. Progressive Consumers Ins. Co.
  819 So. 2d 732· Fla.· 2002-05-23 ·cited 159×
  The Florida Supreme Court held that an automobile collision insurance policy providing for repair or replacement of damaged vehicles "with other of like kind and quality" does not obligate the insurer to compensate the insured for diminution in market value ("inherent diminished
• Brooks v. State
  918 So. 2d 181· Fla.· 2005-06-23 ·cited 158×·via Plain Language
  This case involves Lamar Brooks' appeal of his conviction and death sentences for the first-degree murders of Rachel Carlson and her infant daughter, Alexis Stuart. This is Brooks' second appeal after his initial conviction was reversed in 2001 due to erroneous hearsay testimony.
• Asay v. State
  210 So. 3d 1· Fla.· 2016-12-22 ·cited 141×
  Mark James Asay, a death row inmate, challenged his death sentence on grounds including retroactive application of Hurst v. Florida (which requires jury findings for capital sentencing), newly discovered evidence, Brady violations, and lack of effective counsel. The Florida Supre
• Streeter v. Sullivan
  509 So. 2d 268· Fla.· 1987-05-21 ·cited 141×·via Plain Language
  The Florida Supreme Court held that corporate officers and executives are "employees" under Florida's Workers' Compensation Act and can be held liable to fellow employees for acts of gross negligence, regardless of whether those acts involve an affirmative act beyond the employer
• Saia Motor Freight Line, Inc. v. Reid
  930 So. 2d 598· Fla.· 2006-05-11 ·cited 124×·via Plain Language Interpretation
  The Florida Supreme Court resolved a conflict among the district courts regarding whether Florida Rule of Civil Procedure 1.525's 30-day deadline for motions to tax costs applies when a final judgment reserves jurisdiction over the issue. The Court held that the bright-line 30-da
• Cordette Woodham v. Blue Cross & Blue Shield OF Fla., Inc.
  829 So. 2d 891· Fla.· 2002-10-10 ·cited 110×·via Plain Language Of Statute
  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
• V.K.E. v. State
  934 So. 2d 1276· Fla.· 2006-07-06 ·cited 104×
  The Florida Supreme Court held that trial courts lack authority to impose mandatory criminal surcharges under sections 938.08 and 938.085 on juveniles in delinquency proceedings, as the Legislature created a separate rehabilitative juvenile justice system distinct from the puniti
• Tal-Mason v. State
  515 So. 2d 738· Fla.· 1987-11-12 ·cited 103×·via Plain Language Interpretation
  The Florida Supreme Court held that a defendant committed to a state mental institution for evaluation of competence to stand trial must receive jail-time credit under section 921.161(1) for the period of pretrial detention, rejecting the distinction between county jails and ment
• Koile v. State
  934 So. 2d 1226· Fla.· 2006-07-06 ·cited 97×
  The Florida Supreme Court answered two certified questions about restitution under section 775.089: (1) whether lost wages of a victim's next of kin who voluntarily attends a murder trial are recoverable as restitution, and (2) whether lost future income of a deceased murder vict
• Murray v. Mariner Health and ACE USA
  994 So. 2d 1051· Fla.· 2008-10-23 ·cited 89×·via Plain Language
  Emma Murray, a workers' compensation claimant, challenged the constitutionality of Florida's attorney fee statute (§ 440.34), arguing that applying the rigid statutory formula to her case resulted in an unreasonably low fee award of $684.84 (approximately $8/hour) despite complex
• Overstreet v. State
  629 So. 2d 125· Fla.· 1993-12-16 ·cited 88×·via Plain Language
  The Florida Supreme Court held that prior offenses with withheld adjudication cannot be used as predicate convictions for habitual felony offender sentencing when the subsequent felony is committed while the defendant is incarcerated, rather than on probation. The court strictly
• Polite v. State
  973 So. 2d 1107· Fla.· 2007-09-27 ·cited 87×·via Plain Language
  The Florida Supreme Court resolved a conflict between district courts on whether knowledge that a victim is a law enforcement officer is an essential element of the crime of resisting an officer with violence under section 843.01. The Court held that such knowledge is indeed an e
• Campbell v. Clivens Goldman
  959 So. 2d 223· Fla.· 2007-06-14 ·cited 86×·via Plain Language Interpretation
  A settlement offer under Florida Rule of Civil Procedure 1.442 and section 768.79 must cite the applicable statute to be valid. The failure to cite section 768.79, even when the offer references Rule 1.442, constitutes a material non-compliance with mandatory statutory and rule r
• Thompson v. State
  695 So. 2d 691· Fla.· 1997-06-12 ·cited 86×
  The Florida Supreme Court resolved a conflict between district courts regarding whether knowledge of a victim's status as a law enforcement officer is a required element of attempted murder of a law enforcement officer under Florida Statutes § 784.07(3). The Court held that such
• Dom Miele v. Prudential-Bache Sec., Inc.
  656 So. 2d 470· Fla.· 1995-06-08 ·cited 85×·via Plain Language Of Statute
  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
• State v. Sousa
  903 So. 2d 923· Fla.· 2005-05-26 ·cited 79×
  The Florida Supreme Court held that trial courts may impose consecutive mandatory minimum sentences under the 10-20-life statute (section 775.087) when a defendant fires a gun multiple times at multiple victims during a single criminal episode, even though the statute does not ex
• United Auto. Ins. Co. v. Rodriguez
  808 So. 2d 82· Fla.· 2001-11-08 ·cited 74×·via Plain Language
  The Florida Supreme Court clarified the consequences of late payment of personal injury protection (PIP) insurance benefits under the no-fault law. The Court held that while insurers are subject to statutory penalties (10% interest and attorney's fees) for failing to pay claims w
• Fla. Dep't OF Child. & Fam. Servs. v. P.E.
  14 So. 3d 228· Fla.· 2009-07-16 ·cited 72×
  The Florida Supreme Court resolved a conflict among district courts regarding whether the Department of Children and Family Services must present evidence of statutory grounds for termination when a parent's consent to termination is entered under section 39.801(3)(d) due to fail
• Curd v. Mosaic Fertilizer, LLC
  39 So. 3d 1216· Fla.· 2010-06-17 ·cited 71×·via Plain Language
  The Florida Supreme Court held that commercial fishermen can recover economic damages for loss of income caused by pollution without owning the damaged property, both under a private statutory cause of action in chapter 376 and under common law negligence principles. The Court re
• State v. Hackley
  95 So. 3d 92· Fla.· 2012-07-05 ·cited 70×
  The Florida Supreme Court held that burglary of a conveyance with an assault qualifies as a prison releasee reoffender (PRR) offense under Florida law, resolving a conflict between district courts of appeal. The Court rejected the absurdity doctrine argument that distinguishing a
• Agency FOR Health Care Admin. v. Associated Indus. OF Fla., Inc.
  678 So. 2d 1239· Fla.· 1996-06-27 ·cited 68×·via Plain Language
  The Florida Supreme Court reviewed the constitutionality of the Medicaid Third-Party Liability Act of 1994, which creates an independent state cause of action to recover Medicaid expenditures from tortfeasors. The Court largely upheld the Act's facial constitutionality while stri
• Marrero v. State
  71 So. 3d 881· Fla.· 2011-09-15 ·cited 66×·via Plain Language Of Statute
  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
• Napier v. Preslicka
  314 F.3d 528· 11th Cir.· 2002-12-10 ·cited 65×
  The dissenting judge argues that the term "in custody" in the Prison Litigation Reform Act (PLRA) is ambiguous and should be interpreted in the context of the entire statute, which primarily addresses lawsuits arising from prison conditions. The dissent believes the PLRA was not
• Brown v. State
  715 So. 2d 241· Fla.· 1998-05-14 ·cited 63×·via Plain Language Interpretation
  The Florida Supreme Court held that a trial court may grant an exceptional circumstance extension under Rule of Criminal Procedure 3.191(i) even when the extension is requested during the 5/10-day recapture window, provided the window has not yet expired. The decision resolves a
• Zuckerman v. Alter
  615 So. 2d 661· Fla.· 1993-01-28 ·cited 63×·via Plain Language
  The Florida Supreme Court held that Florida Statute § 689.075(1)(g) creates two alternative tests for validating an inter vivos trust where the settlor is the sole trustee: the trust must either be valid under the jurisdiction's laws OR be executed with will formalities. The cour
• Gen. Star Indem. Co. v. W. Fla. Vill. INN, Inc.
  874 So. 2d 26· Fla. 2d DCA· 2004-04-30 ·cited 62×
  General Star Indemnity Company appeals a trial court judgment awarding West Florida Village Inn $83,712 for underpaid hurricane damage insurance claims. The court resolves two key questions about deductible interpretation: whether ambiguous deductible provisions may be clarified
• Snyder v. Davis
  699 So. 2d 999· Fla.· 1997-09-18 ·cited 62×
  The Florida Supreme Court held that a testator without a surviving spouse or minor children may devise homestead property by will to any family member within the class of persons eligible under Florida's intestacy statute while preserving the constitutional exemption from forced
• Jones v. State
  966 So. 2d 319· Fla.· 2007-05-24 ·cited 61×
  Victor Tony Jones, a death-row inmate convicted of murder, challenged orders denying his successive postconviction motion and concluding he was not mentally retarded under Atkins v. Virginia. The Florida Supreme Court affirmed, holding that mental retardation determinations requi
• Hoyte S. Whitley and Martha R. Whitley v. Royal Trails Prop. Owners' Ass'n, Inc.
  910 So. 2d 381· Fla. 5th DCA· 2005-09-16 ·cited 61×
  The Whitleys challenged a judgment allowing either class of property owners in a homeowners association to unilaterally amend restrictive covenants. The court reversed, holding that both classes of owners must vote together on covenant amendments, rejecting the trial court's inte
• Exposito v. State
  891 So. 2d 525· Fla.· 2004-12-23 ·cited 61×·via Plain Language Of Statute
  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
• State v. Ramsey
  475 So. 2d 671· Fla.· 1985-07-11 ·cited 61×·via Plain Language Interpretation
  The Florida Supreme Court held that a person placed under arrest is a "prisoner" subject to the escape statute immediately upon arrest, even before being handcuffed or placed in a vehicle, and that fleeing from an arresting officer constitutes escape under Florida Statutes § 944.
• Medberry v. Butler
  185 F.3d 1189· 11th Cir.· 1999-08-23 ·cited 58×
  A prisoner with three prior frivolous or malicious lawsuits sought to proceed in forma pauperis under 28 U.S.C. § 1915(g), arguing that counting pre-PLRA dismissals violated the Ex Post Facto Clause and that he qualified for the imminent danger exception. The Eleventh Circuit hel
• Hawkins v. Ford Motor Co.
  748 So. 2d 993· Fla.· 1999-10-14 ·cited 57×·via Plain Language Of Statute
  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×·via Plain Language Of Statute
  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×·via Plain Language Of Statute
  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
• United States v. Nichols
  841 F.2d 1485· 10th Cir.· 1988-03-10 ·cited 55×
  The Comprehensive Forfeiture Act (CFA) is constitutional as it allows forfeiture of assets, including those needed for attorney's fees, to the extent the Constitution permits.
• State v. Sonny D. Anderson
  695 So. 2d 309· Fla.· 1997-05-29 ·cited 53×
  The Double Jeopardy Clause prohibits dual convictions for perjury in an official proceeding and providing false information in a bail application when both offenses arise from the same single act of making a false statement under oath, because these crimes are degree variants of
• State v. Mark Marks, P.A.
  698 So. 2d 533· Fla.· 1997-07-17 ·cited 52×
  The Florida Supreme Court held that Florida Statutes § 817.234(1) is unconstitutionally vague as applied to attorneys representing clients in insurance claims because the term "incomplete" fails to provide adequate notice of prohibited conduct. However, the Court upheld the statu
• D.M.T. v. T.M.H.
  129 So. 3d 320· Fla.· 2013-11-07 ·cited 51×·via Plain Language Of Statute
  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
• Cris D'Angelo v. Conagra Foods, Inc.
  422 F.3d 1220· 11th Cir.· 2005-08-30 ·cited 51×·via Plain Language Interpretation
  Cris D'Angelo, who suffered from vertigo triggered by staring at moving conveyor belts, sued ConAgra Foods for disability discrimination under Title I of the ADA after being terminated from her product transporter position. The district court granted summary judgment for ConAgra