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

• Special v. Ivo Baux, M.D.
  79 So. 3d 755· Fla. 4th DCA· 2011-11-16 ·cited 49×·via Plain Language
  This medical malpractice case involves the death of a pregnant woman during cesarean delivery. The court addresses whether a trial court's restriction on cross-examination of a defense expert regarding unusually high rates of amniotic fluid embolus (AFE) diagnoses at the hospital
• Dodd v. United States
  365 F.3d 1273· 11th Cir.· 2004-04-16 ·cited 49×
  Michael Donald Dodd, a federal prisoner convicted of engaging in a continuing criminal enterprise (CCE) and other drug offenses, appealed the dismissal of his 28 U.S.C. § 2255 petition challenging his conviction on Sixth Amendment and Due Process grounds based on Richardson v. Un
• United States v. Martino
  681 F.2d 952· 5th Cir.· 1982-08-02 ·cited 49×
  The court held that a money judgment equal to insurance payments for arson losses could be rendered against defendants under RICO's forfeiture provisions.
• State v. Woodruff
  676 So. 2d 975· Fla.· 1996-05-16 ·cited 48×·via Plain Language Of Statute
  The Florida Supreme Court held that while estoppel barred prosecution of misdemeanor DUI charges discharged for speedy trial violations, the State could not prosecute felony DUI charges arising from the same conduct because Florida law requires proof of a current misdemeanor DUI
• United States Steel Corp. v. United States
  519 F.2d 359· 3d Cir.· 1975-06-16 ·cited 48×
  Section 706(k) of Title VII authorizes a court to award attorney fees against the EEOC in a proper case, but the district court did not abuse its discretion in denying such fees to a prevailing defendant when the EEOC's action was a bona fide effort.
• Brown v. City OF Vero Beach & Indian River Cnty. Bd. of Cnty. Comm'rs
  64 So. 3d 172· Fla. 4th DCA· 2011-06-29 ·cited 47×·via Plain Language Of Statute
  The parents of a 14-year-old boy who drowned in a rip current at a public beach sued the City of Vero Beach and Indian River County for negligently failing to warn of dangerous ocean conditions. The court affirmed dismissal, holding that Florida Statute § 380.276(6), which became
• Travelers Indem. Co. v. PCR Inc.
  889 So. 2d 779· Fla.· 2004-12-09 ·cited 46×
  This case concerns whether an employer's liability insurance policy covering work-related accidental injuries must provide coverage for tort claims brought under Florida's intentional-tort exception to workers' compensation exclusivity, specifically claims satisfying the objectiv
• Reynolds v. State
  842 So. 2d 46· Fla.· 2002-12-19 ·cited 46×
  The Florida Supreme Court resolved a conflict between district courts regarding whether section 828.12(2), the felony animal cruelty statute, requires specific intent or only general intent. The Court held that the statute requires only general intent to commit an act resulting i
• Kingsway Amigo Ins. Co. v. Ocean Health, Inc.
  63 So. 3d 63· Fla. 4th DCA· 2011-05-18 ·cited 45×·via Plain Language Of Statute
  Kingsway Amigo Insurance Company appealed a summary judgment holding that it must pay PIP benefits at 80% of reasonable medically necessary expenses under the policy's stated methodology, rather than the lower Medicare Part B fee schedule permitted by statute. The court held that
• Perez-Gurri Corp. v. McLeod
  238 So. 3d 347· Fla. 3d DCA· 2017-11-22 ·cited 44×·via Plain Language Of Contract
  Perez-Gurri Corporation, a general contractor, appealed the dismissal of its professional malpractice action against M2G2 Architects based on summary judgment. The Florida Third District Court of Appeal reversed, holding that material factual disputes existed regarding M2G2's inv
• State v. Chubbuck
  141 So. 3d 1163· Fla.· 2014-06-19 ·cited 42×·via Plain Language Of Statute
  The Florida Supreme Court held that a defendant seeking a downward departure sentence under Florida Statute § 921.0026(2)(d) for specialized treatment of a mental disorder or physical disability is not required to prove that such treatment is unavailable in the Florida Department
• Taylor v. Taylor
  1 So. 3d 348· Fla. 1st DCA· 2009-01-28 ·cited 42×
  In this Florida probate case, the appellate court reversed the trial court's determination that a prenuptial agreement did not affect the surviving spouse's intestate and elective rights. The court held that the agreement's unambiguous language providing that each party's propert
• Sanders v. City OF Orlando
  997 So. 2d 1089· Fla.· 2008-09-25 ·cited 42×
  The Florida Supreme Court held that the 2001 amendment to section 440.20(11)(c) of the Workers' Compensation Act did not divest Judges of Compensation Claims (JCCs) of jurisdiction to vacate or set aside settlement agreements for represented claimants. The amendment eliminated th
• Insko v. State
  969 So. 2d 992· Fla.· 2007-09-20 ·cited 41×
  The Florida Supreme Court held that a defendant's age is an element of the crime of lewd or lascivious conduct under Florida Statute §800.04(6), not merely a sentencing factor. However, the court affirmed Insko's conviction because he waived the issue by failing to contemporaneou
• State v. Watts
  558 So. 2d 994· Fla.· 1990-03-15 ·cited 40×
  The Florida Supreme Court resolved conflicting district court decisions regarding whether the 1985 amendment to the Youthful Offender Act limits a trial court's discretion when resentencing youthful offenders who violate community control. The Court held that the amendment impose
• United States v. Rosado
  866 F.2d 967· 7th Cir.· 1989-02-03 ·cited 40×·via Plain Language Of Statute
  The court held that a defendant "used" or "carried" a firearm under 18 U.S.C. § 924(c) when the concealed weapon was in a jacket worn to a drug transaction, even if not displayed, as it facilitated the crime. The court also held that a prosecutor's remark about "organized crime"
• State Farm Mut. Auto. Ins. Co. v. Curran
  135 So. 3d 1071· Fla.· 2014-03-13 ·cited 38×·via Plain Language Of Contract
  State Farm sought review of a Fifth District decision holding that an insured's breach of a compulsory medical examination (CME) provision in an uninsured motorist policy does not automatically forfeit benefits absent proof of prejudice. The Florida Supreme Court affirmed, holdin
• Paul v. State
  129 So. 3d 1058· Fla.· 2013-04-11 ·cited 38×
  The Florida Supreme Court resolved a conflict between district courts on whether shooting into an occupied vehicle under section 790.19 qualifies as a forcible felony for purposes of enhanced sentencing under the prison releasee reoffender (PRR) statute. The court held that the o
• United States v. Ginsburg
  773 F.2d 798· 7th Cir.· 1985-09-13 ·cited 37×
• Kiss v. State
  42 So. 3d 810· Fla. 4th DCA· 2010-07-07 ·cited 36×
  Leslie Kiss was convicted by jury on both dealing in stolen property and grand theft charges arising from the same scheme, contrary to Florida Statute § 812.025, which permits conviction on only one or the other. The court reversed and remanded for a new trial, holding that the t
• Alethia Jones v. State
  813 So. 2d 22· Fla.· 2002-01-24 ·cited 36×·via Plain Language Interpretation
  The Florida Supreme Court resolved a conflict between district courts on whether section 948.01(13), which authorizes drug offender probation for chronic substance abusers charged with drug crimes, provides an alternative sentencing scheme outside the sentencing guidelines. The C
• Murley v. Wiedamann
  25 So. 3d 27· Fla. 2d DCA· 2009-11-13 ·cited 34×
  In a marriage dissolution case, the Florida appellate court reversed the trial court's determination that the former wife's stock options and related employee benefits were marital property subject to equal division, finding the prenuptial agreement's plain language clearly exclu
• United States v. Smith
  795 F.2d 841· 9th Cir.· 1986-07-29 ·cited 34×
  The court held that undeveloped film constitutes a 'visual depiction' under child pornography statutes and that the affidavit provided sufficient probable cause for the search warrant.
• Sierra Club & Defenders of Wildlife v. Clark
  755 F.2d 608· 8th Cir.· 1985-02-19 ·cited 34×
  The court should have remanded the case for a finding on whether the regulated taking of timber wolves furthered conservation efforts.
• Oren v. Gen. Accident Fire & Life Assurance Corp., Ltd.
  175 So. 2d 581· Fla. 3d DCA· 1965-06-01 ·cited 34×
  An administratrix of two estates recovered judgments against an uninsured motorist without obtaining the insurer's written consent, violating an explicit exclusion clause in the uninsured motorist policy. The court affirmed the insurer's injunction preventing the administratrix f
• Hahamovitch v. Hahamovitch
  174 So. 3d 983· Fla.· 2015-09-10 ·cited 32×
  The Florida Supreme Court upheld a prenuptial agreement that broadly waived one spouse's rights to the other spouse's property, including assets acquired during the marriage and their appreciation. The Court resolved a conflict among district courts by holding that such comprehen
• Morris v. Dollar Tree Store & Specialty Risk Servs.
  869 So. 2d 704· Fla. 1st DCA· 2004-04-06 ·cited 32×·via Plain Language
  In this workers' compensation appeal, the court reversed a judge of compensation claims' award of attorney's fees to claimant Angie Morris, finding the JCC erred in three respects: interpreting the statute to bar pre-petition attorney time, awarding an hourly rate unsupported by
• Williams v. State
  707 So. 2d 683· Fla.· 1998-02-12 ·cited 32×·via Plain Language Of Statute
  Samuel Francis Williams was convicted of first-degree murder and sentenced to death for shooting Bobby Burke during an attempted robbery. The Florida Supreme Court affirmed the murder conviction but vacated the death sentence because the trial court improperly used Williams' juve
• Cent. Mont. Elec. Power Coop., Inc. v. Administrator OF the Bonneville Power Administration
  840 F.2d 1472· 9th Cir.· 1988-03-01 ·cited 32×
  The court held that it has original jurisdiction to review the BPA Administrator's decision regarding Libby Dam power allocation, and that no Montana preference for Libby power was established by Congress.
• Faic Sec., Inc. v. United States
  768 F.2d 352· D.C. Cir.· 1985-01-30 ·cited 32×
  The court held that deposit brokers have standing to challenge regulations limiting deposit insurance for brokered deposits, and that the regulations exceed the FDIC and Bank Board's statutory authority under the FDIA.
• Demby v. Schweiker
  671 F.2d 507· D.C. Cir.· 1981-12-15 ·cited 32×
  The court held that the rescission act did not implicitly repeal the ten percent set-aside provision because neither of the two tests for implied repeal was satisfied.
• Royal Palm Corporate Ctr. Ass'n, Ltd. v. Pugliese, III
  89 So. 3d 923· Fla. 4th DCA· 2012-03-21 ·cited 31×·via Plain Language
  This consolidated appeal addresses whether Florida trial courts may bifurcate mortgage foreclosure remedies by allowing a lender to pursue money judgments first and defer the foreclosure sale until the lender certifies non-satisfaction of those judgments. The Fourth District Cour
• Gonzalez v. State
  15 So. 3d 37· Fla. 2d DCA· 2009-05-20 ·cited 31×·via Plain Language Of Statute
  The court held that a criminal charge against a mentally retarded defendant adjudicated incompetent to stand trial must be dismissed when it becomes evident he cannot be restored to competency, even if the two-year statutory maximum has not expired. The court rejected the lower c
• McKENZIE Check Advance OF Fla., LLC. v. Betts
  928 So. 2d 1204· Fla.· 2006-04-27 ·cited 31×
  The Florida Supreme Court held that deferred presentment transactions (payday loans) were not authorized under the Money Transmitters' Code enacted in 1994, and therefore constitute loans subject to Florida's usury laws. The Court resolved a conflict between the Fourth and Fifth
• State v. Joyce
  361 So. 2d 406· Fla.· 1978-07-27 ·cited 31×
  Section 827.04(2), Florida Statutes, criminalizing willful or culpably negligent deprivation of necessary food, clothing, shelter, or medical treatment, or knowingly or culpably negligently permitting material endangerment of a child's physical or mental health, is not unconstitu
• Ergas v. Universal Prop. & Cas. Ins. Co.
  114 So. 3d 286· Fla. 4th DCA· 2013-04-24 ·cited 30×
  The Ergases sought insurance coverage for damage to their tile floor caused by dropping a hammer, but their homeowner's policy excluded coverage for "marring." The court affirmed summary judgment in favor of Universal Insurance, holding that the hammer damage constituted marring
• Fla. Hurricane Prot. & Awning, Inc. v. Ethlyn Pastina
  43 So. 3d 893· Fla. 4th DCA· 2010-09-08 ·cited 30×·via Plain Language Of Statute
  A contractor sought review of a trial court's award of attorney's fees to a homeowner in a breach of contract dispute over shutter installation. The Fourth District Court of Appeal reversed, holding that Florida Statute § 57.105(7) requires strict reciprocity in attorney's fee pr
• Saleeby v. Rocky Elson Constr., Inc.
  3 So. 3d 1078· Fla.· 2009-01-30 ·cited 30×
  The Florida Supreme Court held that Florida Statutes §768.041(3) and §90.408 unambiguously prohibit admission of evidence of settlement and dismissal of defendants to the jury under all circumstances, including to impeach witness credibility, and that violation constitutes revers
• Nagy v. Fla. Birth-Related Neurological Injury Comp. Ass'n
  813 So. 2d 155· Fla. 4th DCA· 2002-03-13 ·cited 30×
  Parents of an infant who died fourteen hours after birth appeal from an administrative decision finding the child suffered a compensable birth-related neurological injury under Florida's no-fault compensation plan. The court reverses, holding that the statute requires both the me
• United States Marshals Serv. v. Means
  741 F.2d 1053· 8th Cir.· 1984-08-14 ·cited 30×
  A district court has the discretionary power to order the United States, as a party, to advance fees and expenses for lay and expert witnesses called by the court, to be taxed as costs later, under compelling circumstances.
• Lanier v. State
  443 So. 2d 178· Fla. 3d DCA· 1983-12-13 ·cited 30×
  The court reversed Lanier's conviction under Florida Statute 800.04 for lewd and lascivious conduct with a twelve-year-old girl, holding that consensual sexual intercourse with an unchaste child between ages twelve and fourteen does not constitute the crime of handling/fondling u
• Villanueva v. State
  200 So. 3d 47· Fla.· 2016-07-07 ·cited 29×·via Plain Language Of Statute
  The Florida Supreme Court held that while trial courts have broad discretion to impose sex offender therapy as a special probation condition for non-enumerated offenses, such therapy was invalid in this case because it failed to satisfy the Biller standard requiring probation con
• Garcia v. Dyck-O'Neal, Inc.
  178 So. 3d 433· Fla. 3d DCA· 2015-10-07 ·cited 29×·via Plain Language
  Garcia appeals a final default judgment awarding a deficiency judgment to Dyck-O'Neal following foreclosure of his residential property. The court affirms, holding that under Florida Statute § 702.06, a mortgagee may pursue a separate deficiency action unless the foreclosure cour
• Knipp v. State
  67 So. 3d 376· Fla. 4th DCA· 2011-08-03 ·cited 29×·via Plain Language Of Statute
  Two defendants challenged dismissal of 'doctor shopping' charges under Florida's statute prohibiting withholding information from prescribers about recent similar prescriptions. The court affirmed the denial of dismissal on doctor shopping charges, holding that the statute impose
• Harrington v. Citizens Prop. Ins. Corp.
  54 So. 3d 999· Fla. 4th DCA· 2010-12-15 ·cited 29×
  The Harringtons appealed a summary judgment denying coverage under their Citizens homeowners insurance policy for an injury that occurred at their primary residence (Mozart property) rather than their rental property (Vallette property). The court reversed, holding that the Mozar
• T.R. v. State
  677 So. 2d 270· Fla.· 1996-06-27 ·cited 29×
  A court can modify a juvenile commitment order without a time limit under section 39.054(3), Florida Statutes, even if the modification changes the risk level, as the sixty-day limit in section 39.054(8) applies only to suspending commitment for probation.
• United States v. Gomez-Tostado
  597 F.2d 170· 9th Cir.· 1979-04-16 ·cited 29×
  Possession of a controlled substance with intent to distribute within the United States is unlawful under 21 U.S.C. § 841(a)(1), regardless of whether the intended distribution is in a foreign country, and a specific transshipment statute does not preclude prosecution under the g
• Rosenberg v. Cape Coral Plumbing, Inc.
  920 So. 2d 61· Fla. 2d DCA· 2005-12-28 ·cited 28×·via Plain Language
  Rosenberg, a general contractor, appealed a trial court's grant of summary judgment in favor of Cape Coral Plumbing following a flood that caused $70,000 in damages to a house under construction. The appellate court reversed in part, finding that genuine issues of material fact e
• State v. Jett
  626 So. 2d 691· Fla.· 1993-11-10 ·cited 28×
  Section 415.512, Florida Statutes, waives the psychotherapist-client privilege in any judicial proceeding involving an action or offense that meets the statutory definition of child abuse or neglect, not limited to child abuse or neglect proceedings under chapter 39 or section 82
• Walker v. State
  580 So. 2d 281· Fla. 4th DCA· 1991-05-15 ·cited 28×