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

• In re Ceferino G. Cheng v. Gill
  943 F.2d 1114· 9th Cir.· 1991-08-30 ·cited 2×
  The court held that the definition of 'self-employed retirement plans' under Cal.Civ.Proc.Code § 704.115 does not include corporate plans, even if controlled by one person, and thus the 'extent necessary' limitation does not apply.
• UTE Distrib. Corp. v. United States
  938 F.2d 1157· 10th Cir.· 1991-07-16 ·cited 2×
  The court held that distributions from UDC to its stockholders after August 27, 1961, are subject to federal income tax, and the district court erred in applying its decision prospectively and granting refunds for the 1984 tax year.
• Mohammad Abbas Hashim v. Immigr. & Naturalization Serv.
  936 F.2d 711· 2d Cir.· 1991-06-25 ·cited 2×
  The Equal Access to Justice Act (EAJA) does not authorize awards of attorneys' fees in exclusion or deportation proceedings because these proceedings are not 'adversary adjudications' as defined by the Act, which requires them to be conducted under Section 554 of the Administrati
• First S. Prod. Credit Ass'n v. The Farm Credit Admin.
  926 F.2d 339· 4th Cir.· 1991-02-19 ·cited 2×
  The court held that the Agricultural Credit Act of 1987 does not permit the Farm Credit Administration to require the merger of the Farm Credit Bank of Texas with the Federal Intermediate Credit Bank of Jackson, as the statute's plain language mandates mergers only between specif
• Bowen v. Dir., Off. OF Workers Comp. Programs
  912 F.2d 348· 9th Cir.· 1990-08-24 ·cited 2×
  The court held that cost-of-living increases for permanent total disability benefits are calculated from the date of adjudication, excluding prior periods of temporary total disability.
• Auto-Owners (Mutual) Ins. Co. v. L.P. Cavett Co. & L.P. Cavett Co. of Ind., Inc.
  882 F.2d 1111· 7th Cir.· 1989-08-15 ·cited 2×
  The court held that L.P. Cavett Company qualified as an "insured" under the insurance policies and that the worker's compensation and employee exclusion provisions did not relieve the insurer of its duty to defend or indemnify Cavett.
• Gannet v. The United States
  877 F.2d 965· Fed. Cir.· 1989-06-15 ·cited 2×
  The court held that the IRS properly assessed compound interest on all unpaid interest, including that accrued before January 1, 1983, consistent with the plain language of the statute and its legislative history.
• Blue Cross & Blue Shield OF Fla., Inc. v. van Every
  495 So. 2d 923· Fla. 4th DCA· 1986-10-15 ·cited 2×
  Blue Cross and Blue Shield appeals a trial court judgment awarding post-termination medical benefits to an employee who terminated his employment without exercising conversion privileges. The court reversed, holding that the plain language of the insurance policy does not extend
• Archibald Lyon and Rose Lyon v. Sheen
  467 So. 2d 397· Fla. 4th DCA· 1985-03-27 ·cited 2×
  A general release naming only Merrill Lynch and its agents, employees, successors, and assigns does not release an individual stockbroker who was no longer employed by Merrill Lynch at the time the release was executed, and summary judgment in his favor was therefore erroneous.
• Caldwell v. Solus Ocean Sys., Inc.
  734 F.2d 1121· 5th Cir.· 1984-06-25 ·cited 2×
  The court held that 46 U.S.C. § 596, which provides for penalty wages, applies only to the master or owner of a vessel, not to the seaman's employer if they are not the owner or master.
• United States v. Faygo Beverages, Inc.
  733 F.2d 1168· 6th Cir.· 1984-05-04 ·cited 2×
  The court held that the plain language of the 1978 version of 49 U.S.C. § 11914(b) did not apply to private motor carriers, rendering the criminal fine invalid.
• Aguilar v. Cmty. Gen. Hosp.
  396 So. 2d 149· Fla.· 1981-03-12 ·cited 2×·via Plain Language
  The Florida Supreme Court addressed whether a medical malpractice claim was barred by the statute of limitations when one defendant failed to timely answer in mediation proceedings. The court held that failure by one defendant to answer does not terminate the mediation panel's su
• O'Neil v. Glens Falls Indem. Co.
  310 F.2d 165· 8th Cir.· 1962-11-15 ·cited 2×
  The court held that the malpractice liability insurance policy did not provide coverage for damages arising from the professional conduct of the insured's assistant when the assistant was treating a patient not personally attended by the insured, even if acting under general inst
• Mesa v. State
  431 So. 3d 577· Fla. 3d DCA· 2026-03-18 ·cited 1×
  Christopher Barbaro Mesa appealed his conviction and sentence for grand theft of a motor vehicle, challenging the trial court's imposition of a habitual felony offender sentence enhancement without jury fact-finding under Erlinger v. United States. The appellate court affirmed th
• Morgan v. Morgan
  427 So. 3d 599· Fla. 2d DCA· 2026-01-07 ·cited 1×
  The trial court erred in awarding permanent alimony because the amended version of section 61.08, effective July 1, 2023, which eliminated permanent alimony, applied to the pending dissolution petition on remand, and the former husband had no vested right to alimony after the ori
• Anderson v. The Sch. Bd. of Escambia Cnty.
  416 So. 3d 427· Fla. 1st DCA· 2025-07-23 ·cited 1×
  Section 768.28(6), Florida Statutes, requires claimants to provide written pre-suit notice to both the Department of Financial Services and the appropriate agency before instituting a wrongful death action against a governmental entity. Informal communications and record requests
• State v. Howard
  411 So. 3d 558· Fla. 5th DCA· 2025-05-09 ·cited 1×
  A traffic stop is justified by reasonable suspicion rather than probable cause, and an officer had reasonable suspicion to stop Howard's vehicle for violating § 316.089(1) by failing to maintain a single lane for at least 15 seconds, regardless of whether other traffic was affect
• Sanctuary Cannabis v. Fla. Dep't of Health
  406 So. 3d 390· Fla. 1st DCA· 2025-03-26 ·cited 1×
  An emergency rule establishing a formula for MMTC renewal fees is neither arbitrary nor capricious, and is a valid exercise of delegated legislative authority, where the statute's plain text explicitly requires licensing fees to cover the Department's implementation and administr
• Hamlin v. Shaughnessy Overland Express, Inc.
  403 So. 3d 458· Fla. 6th DCA· 2025-02-21 ·cited 1×·via Plain Language
  A dismissal order entered under Florida Rule of Civil Procedure 1.420(e) for lack of prosecution may be vacated under Rule 1.540(b)(1) upon a showing of excusable neglect, as the plain language of neither rule precludes such relief. However, vacation of the dismissal does not aut
• Henriette LaFrance v. Guardian Advocacy of Jayden Emile
  401 So. 3d 379· Fla. 4th DCA· 2025-01-22 ·cited 1×
  A person with a prior felony conviction is statutorily disqualified from appointment as a guardian advocate because Florida Statute § 393.12(10) requires that a guardian advocate be qualified to act as a guardian, and § 744.309(3) disqualifies any person convicted of a felony fro
• Palm Beach Resurfacing, Inc. v. Floyd
  401 So. 3d 359· Fla. 4th DCA· 2025-01-15 ·cited 1×
  Section 489.128's unenforceable contract remedy applies exclusively to violations of state contractor licensing requirements, not local certification requirements. County ordinances governing contractor competency certification provide only criminal and administrative penalties,
• O.M. v. Dep't of Child. & Families
  404 So. 3d 547· Fla. 3d DCA· 2025-01-02 ·cited 1×
  The amended employment screening statute mandates permanent disqualification from childcare employment for anyone who entered a plea of nolo contendere to aggravated assault, leaving no room for exemptions or challenges to the underlying disqualification. O.M.'s untimely petition
• Bartolotta v. Bartolotta
  380 So. 3d 535· Fla. 2d DCA· 2024-02-28 ·cited 1×
  The appellate court reversed a trial court's interpretation of a marital settlement agreement (MSA). The court held that the MSA's clear language regarding the equal distribution of retirement benefits controlled over statutory definitions of marital assets, meaning the former wi
• Collette v. The City of Hollywood
  379 So. 3d 1185· Fla. 4th DCA· 2024-02-07 ·cited 1×
  Section 163.360(7)(a), Florida Statutes, requires a municipality to find that a feasible method exists for relocating displaced residents prior to approving a community redevelopment plan, but does not require the municipality to determine the adequacy of that feasible method.
• Dep't of Health v. Leafly Holdings, Inc.
  369 So. 3d 333· Fla. 1st DCA· 2023-08-09 ·cited 1×
  The appellate court affirmed a lower court's decision that a Florida Department of Health memo constituted an unpromulgated rule. The memo warned medical marijuana treatment centers against contracting with Leafly for online ordering services, but the court found this warning wen
• Bydalek v. Saenz
  368 So. 3d 508· Fla. 3d DCA· 2023-08-02 ·cited 1×
  This case concerns whether a buyer's right to void a condominium purchase agreement, due to the seller's failure to provide required documents, terminates on the scheduled closing date or only when the closing actually occurs. The court held that the right terminates only at the
• Hutchinson v. State
  363 So. 3d 1126· Fla. 2d DCA· 2023-06-16 ·cited 1×
  A defendant does not qualify as a prison releasee reoffender under section 775.082(9)(a)1 unless physically released from a state correctional facility operated by the Department of Corrections or a private vendor, not from a county jail, regardless of whether the defendant was i
• Pryor v. State
  359 So. 3d 1216· Fla. 2d DCA· 2023-04-05 ·cited 1×·via Plain Language
  The appellate court affirmed a conviction for possession of a firearm by a violent career criminal (VCC). The court found that while the defendant's juvenile escape conviction was not a qualifying offense for VCC status, the defendant failed to preserve this issue for appeal, and
• Pershing Indus., Inc. v. Stonemor Fla. Subsidiary, LLC
  355 So. 3d 1071· Fla. 3d DCA· 2023-02-22 ·cited 1×
  A clear and unambiguous contract must be enforced according to its plain language, and the use of different contractual terms in different provisions implies different meanings were intended.
• Conservancy of Sw. Fla., Inc. v. Collier Cnty.
  352 So. 3d 481· Fla. 2d DCA· 2022-12-02 ·cited 1×
  The appellate court reviewed a lower court's decision on a comprehensive plan challenge to a county's development order. While affirming most of the lower court's rulings, the appellate court reversed a summary judgment on claims related to traffic and fiscal impacts, finding tha
• Mack v. Hyundai Motor Am.
  346 So. 3d 661· Fla. 2d DCA· 2022-07-29 ·cited 1×·via Plain Language
  The appellate court reversed a summary judgment against Alexis Mack, finding that the lower court erred in concluding she failed to satisfy a condition precedent to filing suit under the Magnuson-Moss Warranty Act. The court held that rejecting a post-suit settlement offer does n
• Montalvo v. Deutsche Bank Nat'l Tr. Co.
  342 So. 3d 764· Fla. 3d DCA· 2022-06-29 ·cited 1×
  A settlement agreement in a foreclosure action is interpreted under the same contract principles as any other contract, and when the agreement unambiguously ties a payment deadline to "five days before the sale date," a subsequent postponement of the sale does not extend that dea
• Ferretti v. Nova Se. Univ., Inc.
  2022 WL 471213· S.D. Fla.· 2022-05-23 ·cited 1×
  The court held that the university's contract terms unambiguously allowed for a shift to online instruction, but did not unambiguously permit the closure of campus facilities and services.
• Len-Cg S., LLC v. Champions Club Condo. Ass'n, Inc.
  336 So. 3d 1245· Fla. 5th DCA· 2022-03-31 ·cited 1×
  LEN-CG South and Lennar Homes appealed a trial court order denying their motion to compel arbitration of construction defect claims brought by Champions Club Condominium Association. The court reversed, holding that Section 36 of the Declaration of Condominium contains a clear an
• People's Tr. Ins. Co. v. Restoration Genie, Inc.
  336 So. 3d 332· Fla. 4th DCA· 2022-03-30 ·cited 1×·via Plain Language Of Insurance Policy
  The appellate court reversed a summary judgment for an assignee, finding that disputed issues of fact remained regarding whether the insured provided proper notice of a water loss. The court rejected the assignee's argument that a service agreement between the insurer and its pre
• First Call 24/7, Inc. v. Citizens Prop. Ins. Corp.
  333 So. 3d 1180· Fla. 1st DCA· 2022-02-16 ·cited 1×
  The appellate court affirmed a lower court's decision that an insurance policy's appraisal clause applies to claims for mitigation services. The court found the policy language unambiguous and that the appraisal provision was intended to resolve disputes over the amount of covere
• Palafox, LLC v. Diaz
  334 So. 3d 353· Fla. 1st DCA· 2022-02-09 ·cited 1×
  The appellate court reversed an administrative law judge's decision that denied attorney's fees for an improperly filed pleading. The court found that the statute mandates sanctions for improper pleadings, and the ALJ erred by considering the timeliness of the sanctions motion.
• Pine v. State
  331 So. 3d 304· Fla. 5th DCA· 2021-12-29 ·cited 1×·via Plain Language Interpretation
  Adam James Pine was convicted of showing obscene material to a minor and sentenced to five years in state prison. The Fifth District Court of Appeal affirms the conviction but reverses the sentence because the jury was incorrectly instructed to determine whether Pine himself pose
• Robinson v. State
  329 So. 3d 103· Fla.· 2021-11-18 ·cited 1×
  Proof that DHSMV provided a defendant with notice of an HTO driver license revocation is not an element of the crime of DWLR-HTO under section 322.34(5), Florida Statutes. The offense requires only that the defendant drove a motor vehicle on Florida highways while his license was
• Dslrpros, Inc. v. Eyal Lalo
  339 So. 3d 379· Fla. 3d DCA· 2021-11-17 ·cited 1×·via Plain Language Of Contract
  This case involves an appeal concerning personal liability for a business loan and the applicable interest rate after default. The appellate court affirmed the lower court's decision, finding that the individual shareholders were personally liable for the loan and that the statut
• State v. Delprete
  331 So. 3d 174· Fla. 4th DCA· 2021-09-22 ·cited 1×·via Plain Language Of Statute
  The State appeals a trial court's dismissal of an insurance fraud charge against Michael Delprete, arguing that the trial court erroneously read a justifiable reliance element into Florida's insurance fraud statute. The appellate court agrees with the State and reverses the dismi
• Orquidea Castellanos v. Reverse Mortg. Funding LLC
  320 So. 3d 904· Fla. 3d DCA· 2021-05-12 ·cited 1×·via Plain Language
  Section 57.105(7), Florida Statutes, applies to make a unilateral attorney's fee provision in a mortgage reciprocal to a prevailing borrower, regardless of whether the underlying loan is nonrecourse and the borrower could not have been personally liable for the lender's attorney'
• Pride OF ST. Lucie Lodge 1189, Inc. v. Teaira Nicole Reed
  306 So. 3d 115· Fla. 4th DCA· 2020-11-04 ·cited 1×
  The section 768.075(4) defense applies only to injuries sustained while the plaintiff is actively engaged in the commission or attempted commission of a felony; a prior felony committed on the property does not shield a property owner from negligence liability if the injury occur
• Woodbury v. State
  302 So. 3d 492· Fla. 2d DCA· 2020-09-04 ·cited 1×·via Plain Language Of Statute
  Steven Woodbury challenged the summary denial of his Rule 3.850 postconviction motion claiming ineffective assistance of counsel for misadvising him to plead guilty to a DWLS charge. The court reversed, holding that Woodbury stated a facially sufficient claim based on his allegat
• Furst v. ROD Rebholz
  302 So. 3d 423· Fla. 2d DCA· 2020-06-19 ·cited 1×·via Plain Language
  The court affirmed a lower court's decision to reinstate a homeowner's full homestead tax exemption, finding that Florida law does not authorize the division of a permanent residence for tax purposes based on renting out portions of the home. However, the court reversed the porti
• Latheresa Williams v. Salt Springs Resort Ass'n, Inc.
  298 So. 3d 1255· Fla. 5th DCA· 2020-06-12 ·cited 1×
  Condominium assessment obligations constitute "consumer debt" under the FCCPA because they arise from a consumer transaction to purchase residential property for personal, family, or household purposes. The court receded from Bryan v. Clayton, which had held assessments were not
• Southern-Owners Ins. Co. v. Jaclyn Hendrickson
  299 So. 3d 524· Fla. 5th DCA· 2020-05-15 ·cited 1×
  Florida Statute § 627.736(1)(a)5 precludes licensed massage therapists from being reimbursed for medical benefits, and a circuit court's failure to apply this plain statutory language constitutes reversible error warranting second-tier certiorari relief.
• DOE v. Natt
  299 So. 2d 599· Fla. 2d DCA· 2020-03-25 ·cited 1×·via Plain Language Of Contract
  The court reversed a lower court's order compelling arbitration, holding that the Airbnb contract did not provide "clear and unmistakable evidence" that the parties intended for an arbitrator, rather than a judge, to decide the issue of arbitrability. The case clarifies the stand
• Adom Branch v. Junior
  281 So. 3d 1280· Fla. 3d DCA· 2019-10-23 ·cited 1×·via Plain Language Interpretation
  The appellate court denied a petition for a writ of habeas corpus, affirming the trial court's decision to deny a defendant's request for release on his own recognizance (ROR). The court held that the defendant, who was on house arrest, did not meet the "physical custody" require
• Williams v. State
  279 So. 3d 839· Fla. 1st DCA· 2019-09-25 ·cited 1×·via Plain Language
  The witness-tampering statute's offense level is determined by the crime charged and investigated, not by the ultimate conviction; therefore, tampering during investigation of a first-degree felony punishable by life constitutes a life felony even if the defendant is convicted on