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

• Lutheran Servs. Fla., Inc. v. Dep't of Child. & Families
  199 So. 3d 286· Fla. 2d DCA· 2015-11-25
  Lutheran Services Florida, a court-appointed professional guardian, appealed the Department of Children and Families' denial of its request to deduct a $200 monthly guardianship fee from its ward's Medicaid income. The court affirmed the denial, holding that guardianship fees do
• 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 ·via Plain Language Of Statute
  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
• Energy Smart Indus., LLC v. Morning View Hotels-Beverly Hills, LLC
  S.D. Fla.· 2015-06-03
  The court held that Morning View did not breach the contract by withholding payment because the contract required completion of the entire project before payment was due, and ESI's equitable claims were barred by the existence of the express contract.
• Clark v. State
  170 So. 3d 69· Fla. 5th DCA· 2015-05-29 ·via Plain Language
  Petitioners challenged a circuit court's reversal of a trial court's dismissal of red light camera traffic citations on the ground that photographic and video evidence from red light cameras must be authenticated before admission. The Fifth District Court of Appeal denied certior
• Taylor Morrison Servs., Inc. v. Ecos
  163 So. 3d 1286· Fla. 1st DCA· 2015-05-28
  Taylor Morrison Services, Inc. appealed a judgment finding it was an unlicensed contractor for constructing a home with construction defects. The First District Court of Appeal reversed, holding that a contractor's licensure status is determined solely by whether it has a qualify
• Katharine Newborn v. Isbell
  165 So. 3d 16· Fla. 1st DCA· 2015-04-22 ·via Plain Language
  Katharine Newborn appeals the denial of her motion for attorneys' fees under Florida's power-of-attorney statute (§ 709.08(11)) after obtaining a stipulated judgment against the trustee for civil conspiracy to violate the attorney-in-fact's duties. The court holds that § 709.08(1
• Cent. Fla. Reg'l Transp. Auth. v. Post-Newsweek Stations, Inc.
  157 So. 3d 401· Fla. 5th DCA· 2015-01-30
  LYNX appeals a declaratory judgment holding that bus security camera footage is not exempt from Florida's Public Records Act. The Fifth District reverses, holding that video footage from LYNX buses' surveillance system directly relates to and reveals the agency's security system
• Merion Cap. LP v. C.A. No. 8900-VCG BMC Software, Inc.
  Del. Ch.· 2015-01-05 ·via Plain Language Of Statute
  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
• Doty v. Bryson
  154 So. 3d 457· Fla. 5th DCA· 2015-01-02
  Doty appealed a summary judgment in favor of Bryson on a breach of promissory note claim. The court reversed, finding that the plain language of Promissory Note C was unambiguous and did not provide for its extinguishment upon stock transfer, contrary to the trial court's determi
• City OF Miami Beach & Johns E. Co. Inc. v. Marten
  153 So. 3d 963· Fla. 1st DCA· 2014-12-30
  The First District reversed a workers' compensation judge's award of penalties and interest for late impairment income benefits, holding that the statutory 20-day payment deadline runs from when the employer obtains knowledge of the permanent impairment rating, not from the date
• Oster v. DHSMV
  15th Cir. Ct. App. Div.· 2014-11-24 ·via Plain Language
  A medical doctor's driver's license was revoked by DHSMV following his conviction for unlawful prescription of a controlled substance. The court granted his petition for writ of certiorari, holding that DHSMV's revocation was clearly erroneous because unlawful prescription is not
• Fernandez v. The City OF Miami
  147 So. 3d 553· Fla. 3d DCA· 2014-06-04
  Jorge L. Fernandez, former Miami City Attorney, appealed a judgment denying his claim for severance and leave payments after his criminal conviction for fraudulent expense reimbursement. The court affirmed, finding that Fernandez breached his fiduciary duty by failing to disclose
• R.A.J. v. State
  135 So. 3d 523· Fla. 5th DCA· 2014-03-28
  The court denied a juvenile's habeas corpus petition, holding that Florida Statutes section 985.439(4)(b) authorizes home detention with electronic monitoring as a probation violation sanction without the time limitations that apply to residential consequence units under subsecti
• USAA v. Fla. Hosp. Med. Ctr.
  9th Cir. Ct. App. Div.· 2014-02-01 ·via Plain Language Of Statute
  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
• Culbreath Isles Prop. Owners Ass'n v. Travelers Cas. & Sur. Co. of Am.
  840 F. Supp. 2d 873· M.D. Fla.· 2013-11-05
  The court held that the insurance policy did not cover attorney's fees incurred by the insured as a result of lawsuits the insured initiated, as the policy was designed to cover claims made *against* the insured, not claims initiated *by* the insured.
• EFiled: Oct 31 2013 05:59PM Transaction ID 54478666 Case No. N10C-06-141 FSS
  Del. Super. Ct.· 2013-10-31 ·via Plain Language
  The court held that the insurance policies were unambiguous and that the excess insurers had a duty to pay defense costs. The court affirmed the jury's verdict on the "injury-in-fact" trigger, finding that cellular and molecular damage from asbestos inhalation constitutes an inju
• CBS Outdoor Inc. v. Fla. Dep't of Transp.
  124 So. 3d 383· Fla. 1st DCA· 2013-10-23
  CBS Outdoor and SLG Investments owned nonconforming billboard signs along Interstate 95 that were screened by an FDOT sound barrier. The court affirmed FDOT's dismissal of their petition for administrative relief, holding that Florida Statute § 479.25 provides remedies only to ow
• Black v. Kerzner Int'l Holdings Ltd.
  71 Educ. L. Rep. 425· S.D. Fla.· 2013-07-30
  The court held that even if the lifeguard's actions constituted gross negligence, the defendant corporation was not liable for punitive damages because there was no evidence that the corporation participated in, condoned, ratified, or consented to such conduct, nor did the corpor
• Driscoll v. State
  111 So. 3d 945· Fla. 2d DCA· 2013-04-19
  Driscoll, a sexual predator on probation for crimes committed in 1994-1995, challenged the trial court's imposition of standard probation conditions under Florida Statute § 948.30(1). The appellate court agreed that these statutory conditions did not apply because the statute's e
• Escambia Cnty. Sch. District/Board v. Vickery-Orso
  109 So. 3d 1242· Fla. 1st DCA· 2013-04-03 ·via Plain Language Of Statute
  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
• Esys Latin Am., Inc. v. Intel Corp.
  734 F. Supp. 744· S.D. Fla.· 2013-02-26
  The court held that Esys, not being a party or assignee to the Non-Disclosure Agreement, lacked standing to sue for its breach, as the assignment documents did not transfer the NDA.
• Smith v. R.J. Reynolds Tobacco Co.
  103 So. 3d 955· Fla. 2d DCA· 2012-12-14 ·via Plain Language
  The Second District Court of Appeal reversed the circuit court's dismissal of a tobacco personal injury action brought by Della Mae Butler, holding that when a plaintiff dies pending litigation, the personal representative may be substituted and the complaint amended to assert a
• MVK v. State
  93 So. 3d 521· Fla. 1st DCA· 2012-07-31 ·via Plain Language
  Florida appellate court affirmed the trial court's imposition of maximum-risk residential placement for a minor adjudicated delinquent for grand theft auto who had previously completed two high-risk residential programs, holding that § 985.494(1) mandates such placement regardles
• Simon v. Simon
  91 So. 3d 214· Fla. 4th DCA· 2012-06-20 ·via Plain Language Of Contract
  The court held that the trial court erred by failing to enforce the parties' premarital agreement regarding the division of artwork, as the agreement's terms were clear and unambiguous.
• Verabella Falls Condo. v. Sosa
  77 So. 3d 815· Fla. 3d DCA· 2012-01-04
  Service of process on a registered agent of a corporation qualified to transact business in Florida may be made on any employee of the registered agent and need not comply with the hierarchical corporate officer requirements of § 48.081(1)(a)-(d), as § 48.081(3)(a) provides an in
• A.B. v. State
  67 So. 3d 1183· Fla. 5th DCA· 2011-08-19
  Florida appellate court affirmed that a trial court properly extended jurisdiction over a juvenile sex offender on probation until age twenty-one under a statute permitting extended jurisdiction for juveniles placed in either a "program or facility" for sexual offenders, not just
• In & for New Castle Cnty. Athenian Venture P'rs I, L.P. v. GMG Cap. Invs., LLC
  Del. Super. Ct.· 2011-03-14
  The Court held that the contract between the parties was unambiguous and that the plaintiffs (Appellees) were entitled to mandatory monthly payments. The Court found that the Note's provision for mandatory monthly payments, coupled with the Letter Agreement's stipulation that the
• Westport Ins. Corp. v. VN Hotel Grp., LLC
  761 F. Supp. 2d 1337· M.D. Fla.· 2010-12-09
  The court held that the insurer has a duty to defend the insureds because the alleged bodily injury falls within the policy's exceptions to the pollution and fungi/bacteria exclusions. It is premature to determine the duty to indemnify.
• Royal Bahamian Ass'n, Inc. v. QBE Ins. Corp.
  750 F. Supp. 2d 1346· S.D. Fla.· 2010-10-28
  The court affirmed the magistrate judge's report, granting summary judgment for the plaintiff on the issue of insurance coverage for sliding glass windows and doors, but denying summary judgment on the defendant's ninth affirmative defense due to genuine issues of material fact.
• Tr. Care Health Servs. v. Agency for Health Care Admin.
  50 So. 3d 13· Fla. 3d DCA· 2010-10-06 ·via Plain Language
  Trust Care Health Services appealed the denial of its change of ownership application by the Agency for Health Care Administration (AHCA), which was based on the proposed new owner's (Roberto Marrero) prior involvement with All Med Network Corp., a home health agency terminated f
• Mut. Fire v. Sign Store
  15th Cir. Ct. App. Div.· 2010-04-07
  Nationwide Fire Insurance appeals a judgment denying its claim denial based on an excluded driver endorsement. The court holds that enforcement of an excluded driver endorsement does not require evidence that the insured consented to the vehicle's use by the excluded driver, and
• Calhoun v. Volusia Cnty.
  26 So. 3d 624· Fla. 5th DCA· 2009-12-31
  A law firm and related service providers appealed a dismissal of their suit seeking attorney's fees and costs incurred by property owners in defending against a threatened county road widening project. The court affirmed, holding that Florida's eminent domain statute does not aut
• Myers v. Toojay's Mgmt. Corp.
  419 B.R. 51· M.D. Fla.· 2009-10-21
  The court held that 11 U.S.C. § 525(b) does not prohibit private employers from denying employment based on a debtor's bankruptcy status, but it does prohibit termination of existing employment on that basis. The court also found a genuine dispute of material fact regarding wheth
• Gulf Power Co. v. Coalsales II, L.L.C.
  661 F. Supp. 2d 1270· N.D. Fla.· 2009-09-30 ·via Plain Language Interpretation
  The court held that the contract was not a sole source agreement, and therefore, the closure of one mine did not excuse the defendant's obligation to supply coal from other approved sources.
• Thousand Oaks at Cong. Master Ass'n, Inc. v. Pudlit Joint Venture LLP
  15th Cir. Ct. App. Div.· 2009-09-28 ·via Plain Language Of Statute
  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
• Robertson v. Deeb
  16 So. 3d 936· Fla. 2d DCA· 2009-08-14 ·via Plain Language
  Robertson appeals the denial of his claim that an inherited IRA should be exempt from garnishment under Florida's creditor exemption statute. The court holds that inherited IRAs do not qualify for the exemption because the statute applies only to the original 'fund or account' an
• United States v. Dodge
  554 F.3d 1357· 11th Cir.· 2009-01-14
  The Sex Offender Registration and Notification Act (SORNA) requires registration for individuals convicted of a "sex offense," which is broadly defined to include "a criminal offense that is a specified offense against a minor." A "specified offense against a minor" under SORNA i
• Hunt v. Hooper
  996 So. 2d 940· Fla. 2d DCA· 2008-12-12 ·via Plain Language
  The Children appealed a trial court's dismissal of their undue influence and breach of fiduciary duty claims against the Trustee under Florida's forum non conveniens statute for trusts (section 737.203). The court reversed, holding that section 737.203 applies only to trusts with
• Germ v. ST. Luke's Hosp. Ass'n
  993 So. 2d 576· Fla. 1st DCA· 2008-10-24
  Parents of a child born prematurely following the mother's ruptured appendix appealed a summary judgment dismissing their medical malpractice claims against two physicians as barred by Florida's statute of limitations. The court held that the 1996 Amendment to Florida's medical m
• Dawson v. Clerk OF the Cir. Court-Hillsborough Cnty. & Johns E. Co.
  991 So. 2d 407· Fla. 1st DCA· 2008-09-23 ·via Plain Language Of Statute
  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
• Peachtree Cas. Ins. Co. v. Novotny
  9th Cir. Ct. App. Div.· 2008-09-04
  Peachtree Casualty Insurance Company appeals a trial court's final summary judgment that denied application of a $2,000 personal injury protection (PIP) deductible to Novotny, an insured driver who was neither the named insured nor a resident dependent relative. The appellate cou
• Echterling v. Mercury Ins. Co.
  9th Cir. Ct. App. Div.· 2008-07-08
  John Echterling appeals a summary judgment denying his insurance claim for a rental vehicle damaged in a work-related accident in Nebraska. The appellate court affirmed the trial court's judgment, holding that the rental vehicle was not covered under his Mercury Insurance policy
• Town OF Lauderdale-By-The-Sea v. SEA Colony, Inc.
  958 So. 2d 568· Fla. 4th DCA· 2007-06-20 ·via Plain Language Interpretation
  The court affirmed that a town's resolution imposed a ministerial duty to process a development site plan, making mandamus an appropriate remedy to compel such processing.
• Smith v. State
  955 So. 2d 21· Fla. 3d DCA· 2006-12-06 ·via Plain Language Of Statute
  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
• Willoughby Ests. v. Bankunited
  15th Cir. Ct. App. Div.· 2006-06-30 ·via Plain Language Of Contract
  Bankunited, as an institutional first mortgagee that acquired a foreclosed property, sought to recover assessment payments it made to the homeowners association. The court affirmed the trial court's judgment that Article XII, Section 4 of the Declaration exempts institutional fir
• Falzone v. Fla. Residential Prop. & Cas. Joint Underwriting Ass'n
  925 So. 2d 398· Fla. 4th DCA· 2006-03-29
  The Falzones sued their landlords, the Laines, for breach of lease due to mold making the house uninhabitable. The Laines' homeowner's insurer, FLJUA, sought a declaratory judgment that it had no duty to defend or indemnify them under a rental exclusion in the policy. The court a
• Vetter v. Dep't of Bus. & Prof'l Reg.
  920 So. 2d 44· Fla. 2d DCA· 2005-12-14
  The court affirmed in part and reversed in part a final order revoking a contractor's license, imposing a fine, and ordering restitution, finding the Board erred in setting the fine by including a withdrawn violation.
• State Farm Mut. Auto. Co. v. Renfroe
  915 So. 2d 212· Fla. 1st DCA· 2005-10-31 ·via Plain Language Of Statute
  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.
• Montgomery v. State
  897 So. 2d 1282· Fla.· 2005-03-17
  The Florida Supreme Court resolved a conflict among district courts regarding whether a plea of nolo contendere (no contest) followed by a withheld adjudication constitutes a prior conviction for criminal sentencing purposes. The Court held that such pleas count as prior convicti