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

• Bystrak v. Dahlia McLean
  Fla. 6th DCA· 2025-10-06
  The statutory waiver of the written medical expert corroboration requirement under section 766.204(2) applies only to the party who was actually served with a medical records request under section 766.204(1) and failed to timely respond; the waiver cannot be extended to a defenda
• Myrick v. State
  Fla. 4th DCA· 2025-10-01
  A statewide grand jury lacks subject matter jurisdiction to indict for violations of section 905.395 because that statute is not enumerated in section 905.34 and the conduct it prohibits does not constitute a crime involving fraud or deceit. The statewide grand jury's subject mat
• PeopleGuru, Inc. v. Med. Man Techs., Inc.
  M.D. Fla.· 2025-09-30
  The court held that the defendant materially breached the contract by failing to provide timely notice of non-renewal, and the contract's language regarding notice was clear and unambiguous.
• Erickson v. Evanston Ins. Co.
  M.D. Fla.· 2025-09-12
  The court held that the policy's exclusion for flood and storm surge damage is valid, and the anti-concurrent causation provision precludes coverage for damage caused by both covered and excluded events. The $10,000 water damage sublimit caps recovery for covered water damage.
• Vanella
  Del. Super. Ct.· 2025-09-04
  The Delaware Freedom of Information Act (FOIA) does not permit an award of costs and attorneys' fees following a Superior Court on-the-record appeal, regardless of whether the appellant achieved success. The statute's fee-shifting provision is ambiguous, and legislative history i
• Custom Homes by Triumph, LLC v. Sverdlow
  Fla. 2d DCA· 2025-08-29
  A trial court departs from the essential requirements of law when it discharges a construction lien under § 713.21(4) without a clerk-issued summons triggering the twenty-day show-cause deadline, and when it overlooks that the lienor has already commenced an action to enforce the
• P&P Holdings Grp. LLC v. Hillsborough Cnty.
  13th Cir. Ct. App. Div.· 2025-08-10 ·via Plain Language Of Statute
  P&P Holdings, an agricultural LLC, appealed a code enforcement fine for hosting Jaripeo (traditional Hispanic rodeo) events with live music on its agricultural property. The appellate court quashed the violation order, finding that the Special Magistrate lacked competent substant
• Molinet-Gonzalez v. State
  Fla. 4th DCA· 2025-06-25
  A conviction for felon in possession of ammunition does not qualify as a predicate offense for VCC sentencing under section 775.084(1)(d)1.g. because ammunition is not a firearm and the offense can be committed without involving a firearm.
• Episcopal Child's. Servs., Inc. v. Dep't of Child. & Families
  Fla. 5th DCA· 2025-06-20
  The 2019 and 2021 Classification Summaries are unadopted rules because DCF failed to comply with the Florida Administrative Procedure Act's requirement to publish the full text of proposed rules or active hyperlinks thereto at least 28 days before adoption and impermissibly amend
• Alfonso v. Alfonso
  Fla. 4th DCA· 2025-05-07
  A dissolution judgment becomes effective under substantive law when the trial court enters it, not when post-judgment motions are resolved, so a final judgment entered on June 30, 2023, was governed by the pre-amendment version of section 61.08 even though the amended statute eli
• Fla. Dep't of Health v. Pups Pub TPA, LLC
  Fla. 1st DCA· 2025-04-30
  An agency statement that merely reiterates the plain language of governing law does not constitute an unadopted rule requiring formal adoption under the Administrative Procedure Act. DOH's interpretation that dogs are prohibited from the entire interior of a bar is readily appare
• Sch. Bd. of Polk Cnty. v. Keys Claims Consultants, LLC
  Fla. 6th DCA· 2025-04-17
  A nonfinal order denying a motion for partial summary judgment is not reviewable under Fla. R. App. P. 9.130(a)(3)(F)(iii) unless the motion itself asserts entitlement to sovereign immunity.
• Moschella v. State
  Fla. 2d DCA· 2025-04-09
  A search warrant executed outside the mandatory 10-day period prescribed by Florida Statute § 933.05 is stale and invalid, and no prejudice requirement may be imposed on the statutory time limit.
• A.C. v. State
  Fla. 3d DCA· 2025-04-09
  Section 784.05(1) criminalizes culpable negligence that exposes another person to personal injury and does not require proof that the defendant's conduct was likely to cause death or great bodily harm. The plain language of the statute limits the required harm to personal injury,
• Progressive Am. Ins. Co. v. Gonzalez
  Fla. 3d DCA· 2025-03-19 ·via Plain Language
  Under section 624.155(3)(a), Florida Statutes (2018), the insured must give actual written notice to the insurer 60 days before filing a bad faith action; filing notice with the Department does not constitute notice to the insurer, and insurers cannot be required to monitor the D
• Global Hookah Distribs., Inc. v. Dep't of Bus. & Prof'l Reg.
  Fla. 1st DCA· 2025-02-26 ·via Plain Language Interpretation
  Hookah tobacco products constitute "loose tobacco suitable for smoking" under Florida Statutes § 210.25(12) and are therefore subject to excise taxes and surcharges. The term "loose tobacco" encompasses shredded and chopped tobacco leaves that retain their fundamental character a
• Moss & Assocs., LLC v. Daystar Peterson & Brickell Heights E. Condo. Ass'n, Inc.
  Fla. 3d DCA· 2025-02-26
  When a claimant files an action alleging a construction defect without first complying with the presuit notice requirements of section 558.004, Florida Statutes, the trial court must stay the action upon timely motion by a party, as the statute uses mandatory language that is imp
• Mallah v. Hagerty Ins. Agency, LLC
  M.D. Fla.· 2025-02-21
  The court held that the insurance policy's plain language unambiguously excluded coverage for flood, surge, and ground water damage, and therefore granted the motion to dismiss.
• Odin Enters. Inc. v. Westchester Surplus Lines Ins. Co.
  M.D. Fla.· 2025-02-20
  The court held that the policy covers water damage resulting from a deteriorated plumbing system, but not damages for mold, asbestos, matching, or the pipes themselves, and that factual issues preclude summary judgment on other exclusions.
• IMC Prop. Mgmt. & Maint., Inc. v. Westchester Surplus Lines Ins. Co.
  Fla. 3d DCA· 2025-02-19
  An insurance policy provision covering business interruption losses from government shutdown orders issued "due to" a threat of hazardous conditions at "the premises of the Insured" requires the shutdown order to specifically target the insured's premises, not apply generally acr
• United Nat'l Ins. Co. v. Sutton Place Ass'n, Inc.
  M.D. Fla.· 2025-02-10
  The court held that the insurance policy's exclusion for injuries to independent contractors applied, meaning the insurer had no duty to defend or indemnify the defendants in the underlying wrongful death action.
• Stricklin v. Allen
  Fla. 1st DCA· 2025-02-05
  The alcohol defense statute in section 768.36(2) applies by its plain language to negligence per se actions brought by underage drinkers, and a trial court does not err in instructing the jury on this defense in such cases.
• Vill. of Palmetto Bay v. Miami-Dade Cnty.
  Fla. 3d DCA· 2024-12-04
  The County properly suspended the three-day and four-day procedural rules under the COVID Ordinance because the ordinance's plain language authorized suspension for all matters during declared states of emergency, and Florida law permits reserves for future construction to be app
• Gessner v. S. Co. & Gulf Power Co.
  Fla. 1st DCA· 2024-11-20
  Under Florida Statutes section 448.102(3), a private sector employee seeking whistleblower protection must establish that he or she objected to or refused to participate in an activity, policy, or practice of the employer that constitutes an actual violation of a law, rule, or re
• United Auto. Ins. Co. v. Coral Gables Chiropractic PLLC
  Fla. 3d DCA· 2024-10-30
  United Auto Insurance appeals a $124,000 attorney's fee award to a healthcare provider in a PIP dispute. The Third District reverses, holding that under section 627.736(10)(d), an insurer's timely payment of the underlying PIP claim (medical bills) precludes attorney's fee liabil
• Cassanova Gabriel v. State
  Fla. 4th DCA· 2024-10-16
  A person is immune from criminal prosecution under section 776.032(1) for the use of deadly force against an animal where the person reasonably believes such force is necessary to prevent imminent death or great bodily harm to himself, herself, or another. Section 776.012(2)'s pl
• Apex Roofing & Restoration LLC v. United Servs. Auto. Ass'n
  Fla. 1st DCA· 2024-10-02
  A motion to dismiss cannot resolve factual questions about whether an assignment of benefits and a subsequently dated cost estimate constitute a single integrated agreement satisfying statutory requirements, nor can it dispose of allegations that the insurer waived or is estopped
• Sanjiv Mehra v. Teller
  Del. Ch.· 2024-09-20
  The court held that the plaintiffs are entitled to specific performance of the economic rights provisions and damages for breach of contract and fiduciary duty. The court found that the Equal-Sharing Provision was triggered based on the plain language of the LLC agreement, and th
• Fla. Gaming Control Comm'n v. Tampa Bay Downs
  Fla. 1st DCA· 2024-09-11 ·via Plain Language Of Statute
  The Florida Gaming Control Commission's interpretation of section 550.0951(3)(c)1, Florida Statutes, which imposed a 5.5% tax rate on Tampa Bay Downs, constitutes an unpromulgated rule because the interpretation is not readily apparent from the plain language of the statute. A th
• Indoor Env't Restoration Now, Inc. v. Citizens Prop. Ins. Corp.
  Fla. 3d DCA· 2024-08-21
  An assignment of benefits that fails to satisfy the express requirements of section 627.7152(2)(a), Florida Statutes, is invalid and unenforceable, and a complaint filed by an assignee based on such an invalid assignment must be dismissed.
• Golden v. Satcher
  Fla. 2d DCA· 2024-08-09
  A vacancy in elective office under Florida's "resign-to-run" law occurs on the effective date of the resignation as stated in the resignation letter, not the date the resignation is tendered. Because the remainder of Tatem's term was less than 28 months, the vacancy was to be fil
• Pacheco v. Waldo Acebo, M.D., P.A.
  Fla. 3d DCA· 2024-08-07
  A party must exhaust administrative remedies by appealing or requesting a hearing within the time period specified by local ordinance before filing a discrimination lawsuit in circuit court.
• Johnston v. Johnston
  Fla. 2d DCA· 2024-07-10 ·via Plain Language Of Contract
  In this consolidated family law appeal, the court addressed whether a former husband could receive credit for separate, nonmarital funds he contributed toward the purchase of jointly titled properties under a prenuptial agreement. The court held that jointly owned real property a
• E Coast Invs., LLC v. Delia
  Fla. 3d DCA· 2024-06-26
  A trial court errs in denying a motion for writ of possession under § 197.562 based on a concern about inconsistent verdicts with a pending ejectment action, because the writ determination would resolve the ejectment claim and no mutually exclusive findings are possible.
• Synergy Contracting Grp. Inc. v. People's Tr. Ins. Co.
  Fla. 2d DCA· 2024-06-07 ·via Plain Language Of Insurance Policy
  Synergy Contracting Group, as assignee of homeowners insured under a People's Trust policy, sued for breach of contract after People's Trust paid only $2,000 for water mitigation services rather than Synergy's invoiced amount exceeding $5,000. The court affirmed summary judgment
• Moore v. State
  Fla. 4th DCA· 2024-06-05
  A defendant charged under Florida Statute § 828.13 for unlawful confinement of animals must have personally participated in confining or keeping the animals in violation of the statute; mere knowledge that animals are confined or presence on the property where they are kept is in
• Cent. Fla. Med. & Chiropractic Ctr., Inc. v. Mendota Ins. Co.
  Fla. 5th DCA· 2024-05-24
  Central Florida Medical & Chiropractic Center appealed a summary judgment in a personal injury protection (PIP) insurance dispute with Mendota Insurance Company, challenging the underpayment of two claims by one cent each. The Fifth District Court of Appeal affirmed the judgment,
• Book v. Palm Beach Cnty. Comm'n on Ethics
  15th Cir. Ct. App. Div.· 2024-04-18 ·via Plain Language Of Statute
  Ronald Book challenges a Palm Beach County Commission on Ethics final order finding an ethics violation, arguing that a June 2024 amendment to Florida Statutes § 112.326 retroactively invalidated the Commission's authority to initiate self-initiated complaints. The court granted
• Fla. Farm Bureau Gen. Ins. Co. v. Williams
  Fla. 5th DCA· 2024-04-09
  Florida Farm Bureau sought to apply a hurricane deductible to a homeowner's insurance claim for damage caused by a local hailstorm that occurred after Hurricane Isaias had weakened and moved out of Florida. The Fifth District affirmed summary judgment for the homeowner, holding t
• Fla. Farm Bureau Gen. Ins. Co. v. Jones
  Fla. 5th DCA· 2024-04-09
  Florida Farm Bureau appealed a trial court's grant of summary judgment in favor of homeowners who disputed application of a hurricane deductible to damage caused by a local hailstorm occurring after Hurricane Isaias had weakened and moved away from Florida. The Fifth District aff
• Nat'l Legal Staffing Support, LLC v. Macy D, Hanson & The Law Off. of Macy D. Hanson, PLLC
  Fla. 4th DCA· 2024-02-28
  A non-signatory attorney is not bound by the substantive confidentiality and non-dissemination provisions of his clients' settlement agreement where the attorney did not sign the agreement, was not named as a party, and did not manifest consent to be bound through affirmative con
• Joni Bartolotta v. Bartolotta
  Fla. 2d DCA· 2024-02-28
  When a marital settlement agreement's language is unambiguous and obligates parties to perform duties beyond what Florida law would otherwise impose, the terms of the MSA control over statutory provisions, and courts may not restrict the agreement's meaning by reference to statut
• Macy D. Hanson & The Law Off. of Macy D. Hanson, PLLC v. Nat'l Legal Staffing Support, LLC
  Fla. 4th DCA· 2024-02-28
  The appellate court reversed a summary judgment against an attorney who was not a signatory to settlement agreements his clients signed. The court held that the attorney, as a non-signatory, was not bound by the agreements' terms, even though the agreements referred to "counsel"
• Spiritis v. Botel
  Fla. 4th DCA· 2024-02-27 ·via Plain Language Of Statute
  Section 99.061(7)(a)1, Florida Statutes, unambiguously requires candidates to pay qualifying fees with checks drawn on their campaign accounts, and payment by cashier's check does not satisfy this requirement. Dr. Botel's failure to use a check drawn on her campaign account disqu
• Camilus v. Scottsdale Ins. Co.
  M.D. Fla.· 2024-02-16 ·via Plain Language Of Insurance Policy
  The court held that an insurance appraisal cannot be compelled to be itemized if the policy does not explicitly require it, but the litigation will be abated pending the appraisal process.
• Fla. E. Coast Holdings Corp. v. Lexington Ins. Co.
  M.D. Fla.· 2024-02-07
  The court held that the plaintiff failed to meet its burden of proving its claim exceeded the applicable deductible, and therefore, the insurers were not obligated to pay.
• Chernoff v. City of N. Miami Beach
  Fla. 3d DCA· 2024-01-31 ·via Plain Language
  A quorum does not exist when recused commissioners are excluded from the count, and the 120-day absence period under the City Charter begins on the date of the first missed meeting, not the day after the last attended meeting.
• State v. Valley
  Fla. 2d DCA· 2024-01-19
  Section 790.25(5) permits possession of a securely encased firearm in a private conveyance only when the firearm is not carried on the person.
• Nikki Alvarez-Sowles v. Pasco Cnty.
  386 So. 3d 224· Fla. 2d DCA· 2024-01-17 ·via Plain Language
  Pasco County must fund the multiagency criminal justice information system, including all upgrades, maintenance, and replacements of hardware and software, and this obligation was required to be fully effectuated by July 1, 2004, such that phased-in funding is prohibited. The cou
• Castellano v. Halpern
  Fla. 2d DCA· 2023-12-29
  Statutory privileges protecting hospital peer review, credentialing, and medical review committee records apply only to civil actions arising from the hospital's evaluation of applications for staff membership or clinical privileges, not to collateral disputes between physicians.