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

• Flynn v. State
  217 So. 3d 1055· Fla. 4th DCA· 2017-05-03 ·cited 2×·via Plain Language
  Jeffrey Flynn appeals his conviction for kidnapping and concealment of a child contrary to a court order. The Fourth District affirms, rejecting the Second District's interpretation in Merkle v. State and holding that concealment of a child's location from a person entitled to cu
• State Farm Mut. Auto. Ins. Co. v. Shands Jacksonville Med. Ctr., Inc.
  210 So. 3d 1224· Fla.· 2017-02-16 ·cited 2×·via Plain Language Of Statute
  The Florida Supreme Court resolved a conflict between district courts regarding the scope of discovery available to insurers under section 627.736(6)(c) of the Personal Injury Protection (PIP) statute. The Court held that discovery is limited to production of specific documents a
• DEA v. PH Fort Myers, LLC
  208 So. 3d 1204· Fla. 2d DCA· 2017-01-13 ·cited 2×·via Plain Language Of Contract
  The Estate of Caroline Dea appealed an order compelling arbitration of claims against Lamplight of Fort Myers. The court reversed, holding that Lamplight, as a successor-in-interest to the original facility, could not enforce an arbitration agreement to which it was not a party a
• Simmons v. State
  207 So. 3d 860· Fla.· 2016-12-22 ·cited 2×·via Plain Language Of Statute
  Eric Lee Simmons was convicted of murder and sentenced to death. On appeal following a resentencing proceeding, the Florida Supreme Court vacated the death sentence based on Hurst v. Florida, holding that the jury failed to unanimously find that aggravating factors were sufficien
• Grover Commercial Enters., Inc. v. Aspen Ins. UK, Ltd.
  202 So. 3d 877· Fla. 3d DCA· 2016-09-07 ·cited 2×
  Grover Commercial Enterprises appealed summary judgment denying coverage for theft and property damage by its tenant, Carma LLC. The court affirmed, holding that the insurance policy's "entrustment" exclusion unambiguously applies to landlord-tenant relationships, precluding cove
• Fla. A & M Univ. Bd. OF Trs. v. Bruno
  198 So. 3d 1040· Fla. 1st DCA· 2016-08-15 ·cited 2×
  FAMU Board of Trustees appealed a trial court's order enjoining a student government election, arguing the court lacked subject-matter jurisdiction. The appellate court reversed, holding that Florida Statutes Section 1004.26(5) requires a violation of state or federal law as a pr
• Meritage Homes OF Fla., Inc. v. Lake Roberts Landing Homeowners
  190 So. 3d 651· Fla. 5th DCA· 2016-03-04 ·cited 2×·via Plain Language
  Meritage Homes appeals a judgment in favor of a homeowners association, arguing that Florida law permits waiver of reserve accounts required by local code. The court affirms, holding that reserve waivers under Florida Statute 720.303(6)(f) must be approved by homeowners at a memb
• USAA Gen. Indem. Co. v. Emergency Physicians Central
  186 So. 3d 588· Fla. 5th DCA· 2016-02-19 ·cited 2×·via Plain Language
• Williamson v. State
  180 So. 3d 1224· Fla. 1st DCA· 2015-12-21 ·cited 2×
  The court held that the plain language of section 948.06(8), Florida Statutes, does not limit the use of a qualifying offense conviction to those occurring after the statute's effective date.
• Crapps v. State
  180 So. 3d 1125· Fla. 1st DCA· 2015-12-08 ·cited 2×
  The court held that accessing an Instagram account without authorization does not violate the statute prohibiting unauthorized access to a computer, computer system, or computer network, as the statute's definitions refer to tangible devices, not data stored on them.
• Villarreal v. R.J. Reynolds Tobacco Co.
  806 F.3d 1288· 11th Cir.· 2015-11-30 ·cited 2×·via Plain Language Of Statute
  The dissenting judge argues that the majority erred in holding that Section 4(a)(2) of the ADEA authorizes disparate impact claims by job applicants and that such plaintiffs may be entitled to equitable tolling. The dissent asserts that the plain language of Section 4(a)(2) limit
• Peninsula Logistics, Inc. v. ERB
  159 So. 3d 301· Fla. 5th DCA· 2015-03-06 ·cited 2×
  Peninsula Logistics and its independent contractor truck driver Smith appealed a jury verdict finding Peninsula vicariously liable for negligence arising from a vehicular collision. The appellate court reversed, holding that Peninsula was not an "employer" under federal motor car
• Miller v. State
  151 So. 3d 566· Fla. 1st DCA· 2014-12-18 ·cited 2×
• Spaid v. Integon Indem. Corp.
  143 So. 3d 949· Fla. 1st DCA· 2014-06-18 ·cited 2×
  The court held that the insurance policy's Extended PIP provision is ambiguous regarding the limit of liability for medical expenses, and this ambiguity must be construed against the insurer.
• Richland Towers, Inc. v. Denton
  139 So. 3d 318· Fla. 2d DCA· 2014-03-12 ·cited 2×
  Richland Towers appealed the denial of a temporary injunction to enforce restrictive covenants and confidentiality provisions in employment agreements with former employees Denton and West. The court reversed, holding that the restrictive covenants were enforceable independent co
• Francesca Cenatis v. State
  120 So. 3d 41· Fla. 4th DCA· 2013-07-24 ·cited 2×·via Plain Language
  Francesca Cenatis appeals her conviction for using an antishoplifting device countermeasure, arguing that a shopping bag lined with aluminum foil does not fall within the statute's definition. The Fourth District affirmed, holding that the modified shopping bag constitutes a proh
• State v. D.V.
  111 So. 3d 234· Fla. 4th DCA· 2013-04-10 ·cited 2×·via Plain Language Of Statute
  Florida appeals a trial court's adjudication of incompetency for a juvenile delinquent, D.V. The court erred by basing its competency determination on only one court-appointed expert and one DCF-appointed expert, violating section 985.19(1)(b) which requires at least two court-ap
• Evans v. State
  125 So. 3d 799· Fla. 5th DCA· 2013-01-25 ·cited 2×
  The state may not initiate civil commitment proceedings under the Jimmy Ryce Act against an inmate who is entitled to immediate release based on a corrected award of time served, because such initiation requires the inmate to be in lawful custody.
• J.S. v. C.M.
  135 So. 3d 312· Fla. 1st DCA· 2012-10-10 ·cited 2×·via Plain Language
  J.S. challenged an Administrative Law Judge's denial of attorney's fees in a proceeding challenging an unadopted agency rule. The Florida First District Court of Appeal reversed, holding that section 120.595(4)(a) does not limit attorney's fees recovery to the original petitioner
• Gomez Lawn Serv., Inc. v. THE Hartford
  98 So. 3d 212· Fla. 1st DCA· 2012-09-28 ·cited 2×·via Plain Language
  In this workers' compensation appeal, the court reversed a Judge of Compensation Claims' decision that barred an employee's petition for benefits based on alleged untimely notice to the workers' compensation carrier. The court held that Florida law requires notice to the employer
• Gosling v. State
  97 So. 3d 287· Fla. 4th DCA· 2012-09-12 ·cited 2×
  Jeffrey Gosling was convicted of failing to register as a sex offender with Florida's DMV following an out-of-state conviction. The Fourth District Court of Appeal reversed, holding that the State failed to prove Gosling qualified as a 'sexual offender' under Florida law because
• Trout v. Apicella
  79 So. 3d 947· Fla. 5th DCA· 2012-02-24 ·cited 2×
  The court held that under the plain language of the insurance policy, a trailer is considered an uninsured auto for the purpose of uninsured motorist coverage when it is not listed on the policy's declarations, even if attached to an insured vehicle.
• State v. Johnson
  79 So. 3d 146· Fla. 4th DCA· 2012-02-01 ·cited 2×·via Plain Language
  Florida appeals a downward departure sentence imposed on Johnson for failing to properly register as a sex offender. Johnson received two years imprisonment instead of the 51-month guideline sentence, claiming his capacity to understand the criminal nature of his conduct was impa
• City OF Panama City & PGCS v. Bagshaw
  65 So. 3d 614· Fla. 1st DCA· 2011-07-22 ·cited 2×·via Plain Language
  The court held that an employer/carrier (E/C) does not waive its right to contest the causal connection between a compensable injury and requested treatment simply by failing to respond within ten days to a request for authorization.
• Certain Interested Underwriters AT Lloyd's v. Chabad Lubavitch OF Greater FT. Lauderdale, Inc.
  65 So. 3d 67· Fla. 4th DCA· 2011-06-08 ·cited 2×
  Lloyd's appealed the trial court's grant of summary judgment to Chabad Lubavitch on an insurance coverage dispute involving an 'all risk' policy with a windstorm exclusion. The court reversed, holding that the windstorm exclusion and its 'Ensuing Loss' exception were unambiguous,
• Dorian Kimberly Mathews v. State
  58 So. 3d 929· Fla. 2d DCA· 2011-04-13 ·cited 2×·via Plain Language
  The court held that if a defendant fully complies with a special condition for early probation termination, the trial court lacks jurisdiction to revoke probation thereafter.
• Off. OF Ins. Reg. & Fin. Servs. Comm'n v. Serv. Ins. Co.
  50 So. 3d 637· Fla. 1st DCA· 2010-11-10 ·cited 2×·via Plain Language
  The Florida First District Court of Appeal reversed an administrative law judge's decision that invalidated an administrative rule, holding that the rule had expired when its enabling statute was repealed and therefore could not be challenged after the rule's existence ended.
• Colony Ins. v. Suncoast Med. Clinic, LLC
  726 F. Supp. 2d 1369· M.D. Fla.· 2010-10-12 ·cited 2×
  The court held that the insurance policy's exclusions for medical services applied, meaning the insurer had no duty to defend or indemnify the medical clinic.
• Doe v. N. River Ins.
  719 F. Supp. 2d 1352· M.D. Fla.· 2010-04-06 ·cited 2×
  The court held that the insurance policy did not cover the sexual molestation claims because the acts were intentional, outside the scope of employment, and not 'accidents' as defined by the policy.
• Brown v. Nationscredit Fin. Servs. Corp.
  32 So. 3d 661· Fla. 1st DCA· 2010-03-10 ·cited 2×·via Plain Language
  Appellants filed a class action complaint against mortgage lenders alleging FDUTPA violations, unjust enrichment, and breach of implied duties regarding single premium credit insurance (SPCI) charged on mortgages obtained in 1994-1998. The trial court dismissed the complaint as t
• Lewis v. Leon Cnty.
  15 So. 3d 777· Fla. 1st DCA· 2009-07-17 ·cited 2×·via Plain Language
  Florida counties challenged Section 19 of Chapter 2007-62, which required them to fund Regional Conflict Counsel offices, arguing it violated constitutional provisions making the state responsible for court-appointed counsel funding and requiring legislative findings of important
• City OF Sweetwater v. Alvarez
  14 So. 3d 1210· Fla. 3d DCA· 2009-06-24 ·cited 2×·via Plain Language Of Statute
  The court held that law enforcement officers must first request representation from their employing agency before seeking reimbursement for privately retained counsel.
• Alvarado v. State
  9 So. 3d 1273· Fla. 4th DCA· 2009-04-29 ·cited 2×
  Edward Alvarado appeals his sentences for sexual crimes, arguing that his prior conviction for aggravated battery on a pregnant woman does not qualify as a violent felony under Florida law and thus cannot support habitual violent felony offender (HVFO) sentencing. The Fourth Dist
• Edney v. State
  3 So. 3d 1281· Fla. 1st DCA· 2009-03-10 ·cited 2×
  Daryl Edney appealed his conviction and life sentence for sexual battery on a child, challenging the imposition of $4 in court costs under section 938.15, Florida Statutes. The First District Court of Appeal affirmed the conviction and sentence, and rejected Edney's argument that
• Pugliese v. Pukka Dev., Inc.
  524 F. Supp. 2d 1370· S.D. Fla.· 2007-10-04 ·cited 2×
  The court held that a developer qualifying for a partial exemption under 15 U.S.C. § 1702(b)(1) does not also qualify for an exemption from the disclosure requirements of 15 U.S.C. § 1703(d).
• Grading & Bush HOG Servs., Inc. v. Fla. Dep't of Transp.
  894 So. 2d 1047· Fla. 5th DCA· 2005-01-28 ·cited 2×·via Plain Language Of Statute
  The court held that Fla. Stat. § 337.19(2) is a statute of limitations, not a condition precedent to filing suit against the Florida Department of Transportation.
• Rayburn v. Orange Park Med. Ctr., Inc.
  842 So. 2d 985· Fla. 1st DCA· 2003-04-15 ·cited 2×
  The court held that Orange Park Medical Center (OPMC) failed to provide adequate notice as required by section 240.215, Florida Statutes, thus forfeiting its statutory immunity from vicarious liability.
• Paul R. Levine, M.D. v. Paul R. Levine, M.D.
  734 So. 2d 1191· Fla. 2d DCA· 1999-07-02 ·cited 2×
  A dissolved medical professional association (LZD) sued former shareholders and related entities to recover assets allegedly improperly transferred. The circuit court dismissed the action, holding LZD lacked standing because two shareholders removed the third shareholder from the
• Stapleton v. State Farm Fire & Cas. Co.
  11 F. Supp. 2d 1344· M.D. Fla.· 1998-07-29 ·cited 2×
  Homeowners sued State Farm for denying flood insurance coverage under a policy issued pursuant to the National Flood Insurance Act of 1968, asserting claims for breach of contract, fraud in the inducement, and deceptive trade practices. The court granted the insurer's motion to d
• State v. Alecia
  692 So. 2d 263· Fla. 5th DCA· 1997-04-25 ·cited 2×·via Plain Language Interpretation
  The State of Florida appealed a trial court's judgment declaring section 843.08, Florida Statutes, unconstitutional as vague and overbroad. The statute prohibits falsely assuming or pretending to be a law enforcement officer and acting as such. The appellate court reversed, holdi
• Henderson v. State
  689 So. 2d 1196· Fla. 4th DCA· 1997-03-12 ·cited 2×
  Dale Henderson was convicted of attempted trafficking in cocaine and sentenced using an improperly applied drug trafficking multiplier. The Fourth District Court of Appeal reversed and remanded for resentencing, holding that the multiplier applies only to level 7 or 8 offenses an
• Taylor v. United Servs. Auto. Ass'n
  684 So. 2d 890· Fla. 5th DCA· 1996-12-20 ·cited 2×·via Plain Language Of Contract
  A married military officer who has established a separate household with her spouse and child does not qualify as a member of her mother's household under an insurance policy's definition of "family member," even though she maintains military service and strong ties to her mother
• Dep't OF Revenue v. Zurich Ins. Co.
  667 So. 2d 365· Fla. 1st DCA· 1995-11-17 ·cited 2×
  The Florida Department of Revenue appeals a hearing officer's decision invalidating an administrative rule that required inclusion of comparable state worker's compensation assessments in retaliatory tax calculations. The court affirms, holding that the rule unlawfully modified t
• Allen v. State
  654 So. 2d 1027· Fla. 1st DCA· 1995-05-16 ·cited 2×·via Plain Language Interpretation
  Court reversed habitual violent felony offender sentencing because the prior offense occurred while appellant was on community control, not probation, and § 775.084(2) requires probation status under plain language construction.
• Schneider v. Cont'l Cas. Co.
  989 F.2d 728· 4th Cir.· 1993-03-26 ·cited 2×
  The court held that the asbestos exclusion in the insurance policy clearly disclaimed coverage for claims arising out of the failure to detect or advise of the existence of asbestos, and the district court erred by considering extrinsic evidence to interpret the unambiguous contr
• Miller v. Dep't OF the Army
  987 F.2d 1552· Fed. Cir.· 1993-03-02 ·cited 2×
  The court held that 5 U.S.C. § 7702(f) applies to any timely filed mixed-case appeal sent to the wrong agency, regardless of the cause of the error.
• DEL REY Tortilleria, Inc. v. Nat'l Labor Relations Bd.
  976 F.2d 1115· 7th Cir.· 1992-10-22 ·cited 2×
  The dissenting judge believes the majority incorrectly interpreted Supreme Court precedent (Sure-Tan) and undermined the National Labor Relations Board's (NLRB) remedial authority and national immigration policy.
• United States v. Green
  967 F.2d 459· 10th Cir.· 1992-06-24 ·cited 2×
  The court held that prior felony convictions arising from a single judicial proceeding can qualify for sentence enhancement under 18 U.S.C. § 924(e)(1) if they were committed on different occasions.
• United States v. Reynaldo Brito-Acosta
  963 F.2d 1284· 9th Cir.· 1992-05-07 ·cited 2×·via Plain Language
  The court held that the four-level sentence enhancement under U.S.S.G. § 2L1.2(b)(1) applies when a defendant is deported after sustaining a felony conviction, regardless of whether the deportation was based on that felony conviction.
• United States v. Speach
  968 F.2d 795· 9th Cir.· 1992-03-20 ·cited 2×·via Plain Language Interpretation
  The court should follow precedent in Hoflin, which held that knowledge of a lack of a permit is not an element of the offense under a parallel statutory clause.