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 Search Warrant
  362 F. Supp. 2d 1298· M.D. Fla.· 2003-12-16
  The court held that it lacks statutory authority to issue a warrant to seize electronic data located outside its district for a child pornography investigation, as such authority is limited by statute to terrorism investigations.
• Borys v. State
  824 So. 2d 204· Fla. 2d DCA· 2002-07-10 ·via Plain Language
  William Borys was stopped by police for improper display of a temporary vehicle tag, but the officer determined the tag was valid before requesting his driver's license. The court held that once the officer confirmed the tag's validity, any further detention was unjustified, requ
• Williams v. State
  748 So. 2d 1058· Fla. 3d DCA· 1999-12-08
  Florida appellate court reversed defendant's prison releasee reoffender sentence because the statute applies only to releases from Florida Department of Corrections facilities, not out-of-state prisons.
• Walton v. Jamko
  240 B.R. 645· S.D. Fla.· 1999-07-21
  The court held that under the amended 28 U.S.C. § 1930(a)(6), post-confirmation quarterly fees for Chapter 11 debtors must be calculated based on all disbursements, not just those made pursuant to the confirmed plan.
• McARTHUR v. State
  730 So. 2d 333· Fla. 5th DCA· 1999-03-05
  Florida appellate court affirmed denial of habeas corpus, holding that the legislature may constitutionally distinguish between completed and attempted sexual battery for purposes of gain time eligibility.
• Johnson v. State
  715 So. 2d 1017· Fla. 2d DCA· 1998-07-22
  Antonio Johnson appeals the denial of his Rule 3.850 postconviction motion challenging his sentencing guidelines scoresheet. The court finds a patent computational error in how attempted kidnapping was scored and reverses, holding that attempted kidnapping must be scored one leve
• State v. Harbor Utils. Co., Inc.
  684 So. 2d 301· Fla. 2d DCA· 1996-12-13 ·via Plain Language Of Statute
  Corporate officers are included under the plain language of Florida's Air and Water Pollution Control Act, imposing personal liability for violations.
• Seibels Bruce c/o Gay & Taylor & Spartan Food Sys. v. Elkins
  661 So. 2d 404· Fla. 1st DCA· 1995-10-18
  Seibels Bruce and Spartan Food Systems appealed a workers' compensation decision denying them an offset for social security disabled widow benefits. The court affirmed, holding that employers can only take an offset under Florida's workers' compensation statute when an employee b
• Nalle v. Commissioner OF Internal Revenue
  997 F.2d 1134· 5th Cir.· 1993-08-16
  A treasury regulation imposing a relocation restriction on qualified rehabilitated buildings for tax credit purposes is an invalid interpretation of the statute when the statute itself does not contain such a restriction.
• D'Errico v. Gen. Dynamics Corp.
  996 F.2d 503· 1st Cir.· 1993-06-25
  The court held that the employer is entitled to an offset for state workers' compensation payments because both state and federal benefits were for the same underlying physical injury, as mandated by the plain language of the statute.
• In re A.H. Robins Co. v. Dalkon Shield Claimants Tr.
  996 F.2d 716· 4th Cir.· 1993-06-22 ·via Plain Language
  The Soldiers' and Sailors' Civil Relief Act of 1940 tolls the period for filing claims in a Chapter 11 bankruptcy reorganization for military personnel on active duty.
• Miss. Poultry Ass'n, Inc. v. Madigan
  992 F.2d 1359· 5th Cir.· 1993-05-28
  The court held that the plain language of the Poultry Products Inspection Act requires imported poultry to meet the same inspection standards as domestic poultry, and the agency's interpretation of 'at least equal to' was not entitled to deference.
• Videon Chevrolet v. Gen. Motors Corp.
  992 F.2d 482· 3d Cir.· 1993-05-03
  The court held that the district court erred in granting summary judgment, finding that the Marketing Initiative's accounting treatment and Videon's deposition testimony presented genuine issues of material fact regarding whether it constituted a violation of the Pennsylvania Boa
• Beryl P. Williamson v. Comm'r Internal Revenue Serv.
  974 F.2d 1525· 9th Cir.· 1992-09-14 ·via Plain Language
  The dissenting judge argues that the property should not be subject to recapture tax because the statute's plain language and purpose indicate that a qualified heir's lease of the family farm to another family member who actively farms it constitutes continued qualified use.
• Harco Holdings v. United States
  977 F.2d 1027· 7th Cir.· 1992-07-24
  The court held that 'unpaid losses' in the context of the life insurance company tax statute refers only to unaccrued unpaid losses, not accrued unpaid losses.
• Dillon Fam. & Youth Servs., Inc. v. The Dep't OF Human Servs. OF the State OF Okla. & Phil Watson
  965 F.2d 932· 10th Cir.· 1992-06-02 ·via Plain Language Of Contract
  The court held that the contract's plain language, incorporating a specific state plan section for reimbursement, should be enforced as written, even after amendments to that section.
• Fed. Deposit Ins. Corp. v. Canfield
  957 F.2d 786· 10th Cir.· 1992-02-24
  The court held that FIRREA's § 1821(k) does not preempt state laws allowing the FDIC to sue officers and directors for simple negligence, as the statute's plain language and savings clause preserve such claims.
• Phillips Petroleum Co., Inc. v. State
  584 So. 2d 106· Fla. 4th DCA· 1991-07-31 ·via Plain Language
  The court held that the Motor Fuel Marketing Practices Act, as written prior to amendment, did not prohibit a refiner from selling gasoline at its company-operated retail stations at prices lower than it sold to independent jobbers, because retail sales are not sales 'for resale'
• D.J. LEE, M.D., Inc. v. Commissioner OF Internal Revenue
  931 F.2d 418· 6th Cir.· 1991-05-01
  The court held that the 5% excise tax under § 4971(a) applies to all accumulated funding deficiencies, regardless of whether they are intentional or unintentional.
• ST. Louis Bank FOR Sav., FSB v. Am. Cas. Co. OF Reading
  927 F.2d 1042· 8th Cir.· 1991-03-11
  The court held that Endorsement 21 of the insurance policy, which excluded claims related to the bank's investments in joint ventures or limited partnerships, was valid and enforceable.
• Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. Baca
  927 F.2d 1122· 10th Cir.· 1991-03-07
  Attorneys fees under the Black Lung Benefits Act are recoverable only if the claimant receives increased compensation or other benefit from the action, not merely based on a reasonable belief of having a valid claim.
• W. River Elec. Ass'n, Inc. v. Black Hills Power & Light Co.
  918 F.2d 713· 8th Cir.· 1990-11-02
  The court held that § 8093, by its plain language and legislative history, applies to federal enclaves and requires federal agencies to comply with state laws governing the provision of electric utility service, even without explicit mention of 'federal lands' or 'federal enclave
• Shoney's, Inc. v. Schoenbaum
  894 F.2d 92· 4th Cir.· 1990-01-16
  The court held that the contract language and existence of separate service marks demonstrate the parties intended to grant rights only for restaurant operations, not motel operations.
• Bizcap, Inc. v. Olive
  892 F.2d 1163· 3d Cir.· 1989-12-29
  The dissenting judge argues that the majority's interpretation of the tax statutes is overly technical and contrary to common sense and congressional intent.
• Wilson v. Daily News OF THE Virgin Islands
  881 F.2d 82· 3d Cir.· 1989-08-07
  The court held that audit reports are not confidential under 3 V.I.C. § 1202(b) and that the district court erred in granting an injunction without complying with statutory and procedural requirements for such an order.
• Roemelmeyer v. D.M.B. Corp. (In re Berman)
  1989 U.S. Dist. LEXIS 812· S.D. Fla.· 1989-01-25 ·via Plain Language
  The court held that a security interest granted after a loan is made does not qualify for the enabling loan exception under 11 U.S.C. § 547(c)(3)(A)(i) because the new value must be given at or after the signing of the security agreement.
• United States v. Arnaldo Kennings
  861 F.2d 381· 3d Cir.· 1988-10-31
  The Double Jeopardy Clause does not preclude appellate review of a dismissal based on a legal interpretation of a statute's applicability, especially when the defendant consents to the dismissal. The federal bribery statute, 18 U.S.C. § 201(c)(3), applies to witnesses in the Dist
• Allstate Ins. Co. v. Pacheco
  851 F.2d 257· 9th Cir.· 1988-07-01
  The term 'motorized land vehicle' in the homeowners policy is not ambiguous and excludes coverage for the moped.
• Gertrude M. Croteau v. United States
  823 F.2d 539· Fed. Cir.· 1987-07-15
  The court held that 10 U.S.C. § 1450(c) does not require the reduction of Survivor Benefit Plan (SBP) payments by the amount of Dependency and Indemnity Compensation (DIC) benefits when a widow is entitled to both from different deceased servicemen.
• Syufy v. United States
  818 F.2d 1457· 9th Cir.· 1987-06-04
  The court held that I.R.C. § 1491 does not apply to a 1972 transfer of appreciated securities for a private annuity of equal value, where the annuity payments are subject to federal income and capital gains taxes and are properly reported.
• Egger v. Egger
  506 So. 2d 1168· Fla. 3d DCA· 1987-05-12 ·via Plain Language
  The court held that the statute of limitations barring claims against property conveyed by an heir does not apply when the heirs' identities were determined in probate proceedings.
• Boorde v. Lone Star Life Ins. Co.
  493 So. 2d 506· Fla. 1st DCA· 1986-08-20 ·via Plain Language Of Statute
• United States v. Da-Chuan Zheng
  768 F.2d 518· 3d Cir.· 1985-07-19
  The court held that the district court erred in adopting an unduly restrictive definition of 'items' as used in the Arms Export Control Act, and that the designation 'countermeasures' on the Munitions List was a permissible construction of the statutory term.
• Am. Home Assurance Co. v. Miller
  717 F.2d 1310· 9th Cir.· 1983-10-06 ·via Plain Language Of Contract
  The court should affirm the lower court's decision because the insurer has no duty to defend when the pleadings clearly show no obligation to indemnify.
• United Mine Workers of Am. v. W. A. (Tony) Boyle
  567 F.2d 112· D.C. Cir.· 1977-09-01
  The court held that the spendthrift provision of the UMWA pension fund does not violate the public policy stated in 29 U.S.C. § 501(a) because it is not a general exculpatory provision.
• Lowell Oler v. Sorenson
  348 So. 2d 640· Fla. 2d DCA· 1977-07-29
  A buyer who failed to perform under a mobile home park purchase contract is entitled to recover half of his $10,000 deposit under the contract's explicit language limiting the seller's forfeiture to one-half of the deposit.
• Dock Odell Thompson v. State
  342 So. 2d 52· Fla.· 1976-11-30
  A gubernatorial executive order constitutes valid authorization under Florida Statutes § 943.04(2)(a) for the Department of Criminal Law Enforcement to obtain and execute search warrants without prior promulgation of administrative rules, and the statute does not unconstitutional
• Mariscoe de Bahia v. State
  44 Fla. Supp. 51· Dade Cty. Cir. Ct.· 1976-04-23 ·via Plain Language Interpretation
  A defendant convicted of violating Florida's crawfish statute was acquitted on appeal because the statute prohibits only the act of stripping or molesting egg-bearing crawfish, not mere possession, and no evidence showed such stripping or molesting occurred in Florida.