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

• United States v. Cogdell
  844 F.2d 179· 4th Cir.· 1988-04-15 ·cited 28×
  The court held that the exculpatory no doctrine is not a valid exception to 18 U.S.C.A. § 1001, as the statute's plain language and legislative history do not support such a limitation.
• Bradley v. Austin
  841 F.2d 1288· 6th Cir.· 1988-03-21 ·cited 28×
  The court held that the AFDC regulations implementing the Deficit Reduction Act of 1984's family filing unit provision, which require the inclusion of OASDI benefits in determining AFDC eligibility, do not conflict with the Social Security Act or violate constitutional due proces
• Sears v. Teamsters Local Union NO. 243
  683 F.2d 154· 6th Cir.· 1982-07-16 ·cited 28×
  An arbitrator exceeds their authority by inferring limitations on subcontracting beyond those explicitly stated in a clear and unambiguous collective bargaining agreement.
• Gaulden v. State
  195 So. 3d 1123· Fla.· 2016-07-07 ·cited 27×
  The Florida Supreme Court reversed Gaulden's conviction for leaving the scene of a crash resulting in death, holding that a vehicle is only "involved in a crash" under the hit-and-run statute when the vehicle itself collides with another vehicle, person, or object. The court reje
• Higgins v. Dyck-O'Neal, Inc.
  201 So. 3d 157· Fla. 1st DCA· 2016-06-09 ·cited 27×·via Plain Language
  The First District Court of Appeal reversed a default judgment against homeowners, holding that a lender who included a prayer for deficiency relief in a foreclosure action and had the court reserve jurisdiction to enter such a judgment cannot subsequently pursue a separate commo
• State v. Ridge Gabriel
  44 Fla. L. Weekly Fed. D 2913· Fla.· 2021-04-08 ·cited 26×
  Under section 921.0024(2), Florida Statutes, the lowest permissible sentence (LPS) is an individual minimum sentence that applies to each offense where there are multiple convictions subject to sentencing on a single scoresheet. When the LPS exceeds the statutory maximum sentence
• O'Hara v. State
  964 So. 2d 839· Fla. 2d DCA· 2007-09-19 ·cited 26×
  Mark O'Hara was convicted of trafficking in hydrocodone based on possession of 58 Vicodin tablets obtained by valid prescription. The Florida District Court of Appeal reversed, holding that a prescription defense applies to drug trafficking charges under Florida's statutory schem
• Fla. Dep't OF Educ. v. Cooper
  858 So. 2d 394· Fla. 1st DCA· 2003-11-06 ·cited 26×
  FCAT test instruments, as distinguished from test scores, are not 'student records' as defined by Florida law.
• CBS Broad., Inc. v. Echostar Commc'ns Corp.
  265 F.3d 1193· 11th Cir.· 2001-09-17 ·cited 26×
  EchoStar Communications Corporation appealed a preliminary injunction prohibiting it from transmitting distant network signals to "served" households under the Satellite Home Viewer Act (SHVA) and the Satellite Home Viewer Improvement Act of 1999. The Eleventh Circuit vacated the
• Standford P. Birnholz v. The 44 Wall St. Fund, Inc.
  880 F.2d 335· 11th Cir.· 1989-08-10 ·cited 26×
  The appellate court held that the amended statute requiring periodic fees to maintain a securities registration exemption was procedural and thus applied retroactively. It also held that the amended statute only required payment of the fee, not refiling of documents, to maintain
• Horner v. Jeffrey
  823 F.2d 1521· Fed. Cir.· 1987-07-02 ·cited 26×
  The court held that the MSPB erred in substituting its interpretation of the statute for OPM's long-standing interpretation.
• White v. Mederi Caretenders Visiting Servs. OF Se. Fla., LLC
  226 So. 3d 774· Fla.· 2017-09-14 ·cited 25×·via Plain Language Of Statute
  The Florida Supreme Court held that home health service referral sources can constitute a protected legitimate business interest under Florida Statutes § 542.335, resolving a conflict between district courts. The Court approved the Fourth District's decision in White and quashed
• Mancini v. Personalized AIR Conditioning & Heating, Inc.
  702 So. 2d 1376· Fla. 4th DCA· 1997-12-31 ·cited 25×
  The court held that a newspaper columnist, even one who is also a full-time assistant state attorney, is entitled to pre-suit notice under Florida Statute § 770.01 before a libel action may be brought against her. The statute's protections extend to individual journalists and col
• Atwater v. Kortum
  95 So. 3d 85· Fla.· 2012-07-05 ·cited 24×
  The Florida Supreme Court affirmed the First District Court of Appeal's decision striking down a statute prohibiting public adjusters from initiating contact with insurance claimants during a 48-hour period after a claim-producing event. The Court held that the statute regulates
• Perez v. Rooms TO GO & Broadspire Servs., Inc.
  997 So. 2d 511· Fla. 1st DCA· 2008-12-24 ·cited 24×
  This case concerns a workers' compensation claimant's entitlement to change physicians. The appellate court affirmed the denial of a change in primary care physician but reversed the granting of a change in orthopedic physician, holding that the statute allows only one physician
• Wilderness Watch and Public Employees for Environmental Responsibility v. Fran P. Mainella
  375 F.3d 1085· 11th Cir.· 2004-06-28 ·cited 24×
  The Eleventh Circuit reversed the district court's grant of summary judgment, holding that the National Park Service's practice of using motor vehicles to transport visitors across designated wilderness areas on Cumberland Island violates the Wilderness Act. The court also found
• Kline v. Publix Supermarkets, Inc.
  568 So. 2d 929· Fla. 2d DCA· 1990-05-09 ·cited 24×·via Plain Language
  Virginia Kline appealed a summary judgment in her favor against Publix for intentional infliction of emotional distress and discrimination, while Publix cross-appealed seeking attorney's fees and costs under Florida's offer of judgment statute. The court affirmed the summary judg
• State OF Ala. v. Marshall
  626 F.2d 366· 5th Cir.· 1980-09-08 ·cited 24×
  The court held that elementary and secondary church schools remain exempt from FUTA coverage under 26 U.S.C. § 3309(b)(1)(A) based on the plain language of the statute.
• State Liquor Stores #1 v. United States Fire Ins. Co.
  243 So. 2d 228· Fla. 1st DCA· 1971-01-26 ·cited 24×
  Three liquor store operators appealed a directed verdict dismissing their claim under a robbery insurance policy. The court affirmed, holding that money stolen from the president's home was not covered because it was not being "conveyed by a messenger" as required by the policy's
• Wiley v. State
  125 So. 3d 235· Fla. 4th DCA· 2013-02-27 ·cited 23×·via Plain Language Of Statute
  Eric Wiley appeals his life sentence with a 25-year mandatory minimum under Florida's 10/20/Life statute for third-degree murder committed with a firearm discharge that killed another person. The Fourth District Court of Appeal affirms, holding that the statute applies regardless
• Just. Admin. Comm'n v. Peterson
  989 So. 2d 663· Fla. 2d DCA· 2008-07-23 ·cited 23×
  The Justice Administrative Commission (JAC) sought a writ of certiorari to quash a circuit court order requiring it to pay attorney's fees for court-appointed counsel representing a nonparent legal custodian (a grandfather) in a juvenile dependency proceeding. The appellate court
• Belize Telecom, Ltd. v. Gov't OF Belize
  528 F.3d 1298· 11th Cir.· 2008-05-28 ·cited 23×
  Belize Telecom and Innovative Communications Company appealed a district court judgment that upheld the Government of Belize's removal of six directors from the BTL board, arguing the Government breached their share pledge and payment agreements and the BTL Articles of Associatio
• Jones v. The Auto. Ins. Co. OF Hartford
  917 F.2d 1528· 11th Cir.· 1990-09-04 ·cited 23×
  The court held that the district court erred by converting a motion to dismiss into a motion for summary judgment without providing the required ten-day notice to the non-moving party. The court also affirmed the district court's interpretation of a statutory provision as a limit
• State v. Tuttle
  177 So. 3d 1246· Fla.· 2015-11-12 ·cited 22×·via Plain Language Of Statute
  The Florida Supreme Court resolved a conflict among district courts regarding which conviction must be vacated when a defendant is convicted of overlapping crimes where the lesser offense (by statutory elements) carries a greater punishment than the greater offense. The Court hel
• Fluet v. Fla. Birth-Related Neurological Injury Comp. Ass'n
  788 So. 2d 1010· Fla. 2d DCA· 2001-03-07 ·cited 22×·via Plain Language Of Statute
  A physician who authorizes the use of Pitocin during a delivery has 'delivered' obstetrical services, even if not physically present in the delivery room.
• United States v. Hill
  971 F.2d 1461· 10th Cir.· 1992-08-04 ·cited 22×·via Plain Language
  A person can be convicted of conspiracy to violate 18 U.S.C. § 924(c)(1), and acquittal on the underlying drug offenses does not preclude conviction for the firearms conspiracy.
• Madison Galleries, Ltd. v. The United States
  870 F.2d 627· Fed. Cir.· 1989-03-08 ·cited 22×
  Articles imported directly from a beneficiary developing country (BDC) are eligible for duty-free treatment if the direct cost of processing operations performed in the BDC is at least 35 percent of the appraised value, even if the article is the growth, product, or manufacture o
• Georgia-Pacific Corp. v. Local 27
  864 F.2d 940· 1st Cir.· 1988-12-30 ·cited 22×
  An arbitrator exceeds their authority when they ignore the plain language of a collective bargaining agreement, such as provisions allowing immediate discharge for dishonesty, by substituting their own judgment or 'industrial justice'.
• United States v. Diaz
  778 F.2d 86· 2d Cir.· 1985-11-21 ·cited 22×
  The court held that narcotics offenses do not inherently constitute 'crimes of violence' under 18 U.S.C. § 924(c), and reversed the conviction on that count.
• Cal. Hosp. Ass'n v. Henning
  770 F.2d 856· 9th Cir.· 1985-09-06 ·cited 22×
  The court held that the Department of Labor regulation excluding unfunded vacation pay from the definition of employee welfare benefit plans under ERISA is valid.
• Ward v. State
  986 So. 2d 479· Fla.· 2008-01-17 ·cited 21×·via Plain Language
  The Florida Supreme Court held that a person convicted of a sexually violent offense in the past is eligible for civil commitment under the Jimmy Ryce Act if they are subsequently sentenced to total confinement after January 1, 1999, even if the current confinement is for a non-s
• ST. George Island, Ltd. v. Rudd
  547 So. 2d 958· Fla. 1st DCA· 1989-07-18 ·cited 21×·via Plain Language Of Statute
  St. George Island, Ltd. sought a writ of prohibition to disqualify a circuit judge who had allegedly expressed bias against a key witness during a hearing in an unrelated case. The Florida First District Court of Appeal granted the petition, holding that the judge's remark that h
• United States v. Rosenberg
  806 F.2d 1169· 3d Cir.· 1986-11-28 ·cited 21×
  The dissenting judge argues that the convictions and sentences for carrying explosives during a federal felony (Count 5) and for possessing unregistered explosives (Count 2) should be vacated or modified. The judge believes the former requires a connection between the explosives
• State v. Miller
  227 So. 3d 562· Fla.· 2017-09-28 ·cited 20×·via Plain Language Interpretation
  The Florida Supreme Court held that possession of a valid Florida driver license is a prerequisite element for conviction under section 322.34(5), which criminalizes driving with a revoked license as a habitual traffic offender. The Court resolved a conflict among District Courts
• Williams v. State
  125 So. 3d 879· Fla. 4th DCA· 2013-04-24 ·cited 20×
  Ronald Williams appeals his four consecutive minimum mandatory twenty-year sentences for aggravated assault with a firearm. The Fourth District affirms the consecutive sentences, holding that Florida Statute section 775.087(2)(d) mandates consecutive sentences for multiple qualif
• Olmstead v. Fed. Trade Comm'n
  44 So. 3d 76· Fla.· 2010-06-24 ·cited 20×·via Plain Language
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding whether a judgment creditor may compel a judgment debtor to surrender all ownership interest in a single-member LLC to satisfy a judgment. The Court held that Florida's charging order reme
• City OF Port Orange & PGCS v. Sedacca
  953 So. 2d 727· Fla. 1st DCA· 2007-04-10 ·cited 20×·via Plain Language
  A firefighter with work-related hypertension sought workers' compensation benefits as an occupational disease, but the appellate court held that permanent impairment alone does not constitute compensable disability under Florida's Workers' Compensation Act. The court reversed, fi
• In the interest of A.W. and J.W. v. Dep't of Child. & Fam. Servs.
  816 So. 2d 1261· Fla. 2d DCA· 2002-06-05 ·cited 20×·via Plain Language Of Statute
  A father's parental rights were terminated based on a statute allowing termination when a parent will be incarcerated for a substantial portion of the period before the child reaches age eighteen. The appellate court reversed, holding that the statute's plain language permits cou
• In re Lucas v. Lucas
  924 F.2d 597· 6th Cir.· 1991-01-14 ·cited 20×
  Interests in an ERISA-qualified pension plan are excluded from the bankruptcy estate under 11 U.S.C. § 541(c)(2) because ERISA's anti-alienation provisions constitute 'applicable nonbankruptcy law'.
• Schwartz v. Romnes
  495 F.2d 844· 2d Cir.· 1974-04-02 ·cited 20×
  The court held that a corporate contribution to a political organization promoting a referendum is prohibited by New York Election Law § 460, and that a public utility's use of public service revenues for such a contribution violates Public Service Law § 107.
• Longo v. Associated Limousine Servs., Inc.
  236 So. 3d 1115· Fla. 4th DCA· 2018-01-24 ·cited 19×·via Plain Language Of Statute
  A judgment creditor who files a motion and affidavit satisfying section 56.29(1) is entitled to proceedings supplementary as a matter of right, but impleader of third parties under section 56.29(2) requires the judgment creditor to describe with reasonable particularity any prope
• Friedman v. Mkt. St. Mortg. Corp.
  520 F.3d 1289· 11th Cir.· 2008-03-20 ·cited 19×
  The Eleventh Circuit reversed a district court's class certification order in a RESPA case brought by borrowers challenging an escrow waiver fee charged by Market Street Mortgage Corporation. The court held that the prior appellate decision in Friedman I established as law of the
• Humana Worker's Comp. Servs. v. Home Emergency Servs., Inc.
  842 So. 2d 778· Fla.· 2003-03-13 ·cited 19×
  The Florida Supreme Court held that an employers liability insurance policy covering "bodily injury by accident" does not provide coverage for claims of negligent spoliation of evidence, even when the spoliation relates to evidence of an underlying bodily injury claim. The Court
• ART Berman Concrete, Inc. v. SEY Constr. Corp.
  247 So. 2d 791· Fla. 3d DCA· 1971-05-18 ·cited 19×
  Art Berman Concrete appeals the dismissal of its mechanic's lien foreclosure complaint. The court addresses whether F.S. § 713.06(3)(d)1 requires sub-contractors to provide notice of unpaid lienors to the owner as a prerequisite to enforcing a mechanic's lien. The court holds tha
• Cricket Props., LLC v. Nassau Pointe AT Heritage Isles Homeowners Ass'n, Inc.
  124 So. 3d 302· Fla. 2d DCA· 2013-09-20 ·cited 18×·via Plain Language
  Cricket Properties acquired property by tax deed and sued to quiet title. The trial court ruled that a homeowners association's lien for unpaid assessments survived the tax deed issuance under section 720.3085(2)(b). The appellate court reversed, holding that tax deed purchasers
• United States v. Johnson
  696 F.2d 115· D.C. Cir.· 1982-12-21 ·cited 18×
  The D.C. statute's requirement for written authorization for wiretaps is mandatory, and failure to comply necessitates suppression of evidence obtained.
• Cook v. Division of Personnel
  356 So. 2d 356· Fla. 1st DCA· 1978-03-10 ·cited 18×
  Rule 22A-7.10B is a valid exercise of delegated legislative authority because the rule governs resignations by abandonment, which are not among the enumerated personnel actions (suspension, reduction in pay, transfer, layoff, demotion, or dismissal) for which Career Service Commi
• DMB Inv. Tr. & SKB Inv. Tr. v. Islamorada
  225 So. 3d 312· Fla. 3d DCA· 2017-07-19 ·cited 17×·via Plain Language Of Statute
  DMB Investment Trust and SKB Investment Trust petitioned for certiorari review of a circuit court decision affirming a code compliance order requiring them to remove a swim buoy system installed on their waterfront property without a Village permit. The District Court of Appeal r
• Leftwich v. Fla. Dep't OF Corr.
  148 So. 3d 79· Fla.· 2014-09-18 ·cited 17×·via Plain Language Interpretation
  The Florida Supreme Court resolved a conflict between district courts regarding whether an inmate sentenced as a habitual offender after receiving non-habitual offender sentences remains eligible for provisional credits on those earlier sentences. The Court held that under the pl
• Rodrigo v. State Farm Fla. Ins. Co.
  144 So. 3d 690· Fla. 4th DCA· 2014-08-20 ·cited 17×·via Plain Language Of Insurance Policy
  An insured appealed a summary judgment dismissing her property damage claim against her homeowner's insurance after bodily fluids from a deceased neighbor's decomposing body infiltrated her condominium. The court affirmed, holding that the insured materially breached the conditio