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 Auto. Ins. Co. v. A 1ST Choice Healthcare Sys.
  21 So. 3d 124· Fla. 3d DCA· 2009-11-04 ·cited 17×·via Plain Language Of Statute
  United Automobile Insurance Company sought certiorari review of a circuit court's per curiam affirmance upholding a county court judgment that recognized a private right of action under Florida's personal injury protection statute for an insurer's failure to timely provide an Exp
• United States v. Raymer
  876 F.2d 383· 5th Cir.· 1989-06-20 ·cited 17×
  The court held that a confession obtained after Miranda warnings is voluntary if there is no police coercion, and that threats against retired probation officers are covered by 18 U.S.C. § 115.
• State v. Owens
  95 So. 3d 1018· Fla. 5th DCA· 2012-08-24 ·cited 16×·via Plain Language
  A downward departure sentence is permissible under section 921.0026(2)(d) when a defendant requires specialized treatment for a mental disorder or physical disability and is amenable to treatment, without requiring proof that such treatment is unavailable within the Department of
• King v. King
  82 So. 3d 1124· Fla. 2d DCA· 2012-03-07 ·cited 16×
  The Florida District Court of Appeal reversed a circuit court's reduction of alimony based on the obligee's pre-divorce supportive relationship with a cohabitant. The court held that section 61.14(1)(b) authorizes reduction or termination of alimony only when a supportive relatio
• Mandell v. Mandell
  741 So. 2d 617· Fla. 2d DCA· 1999-09-22 ·cited 16×·via Plain Language
  Wendy Mandell appeals the trial court's dissolution of marriage judgment establishing a rotating custody plan for the parties' child. The appellate court affirms, holding that the trial court did not abuse its discretion and that the statutory provision allowing rotating custody
• The Putnam Berkley Grp., Inc. v. Dinin
  734 So. 2d 532· Fla. 4th DCA· 1999-05-26 ·cited 16×·via Plain Language
  A woman sued a photographer and publisher in 1995 for unauthorized publication of her photograph in a 1988 book. The trial court denied summary judgment on statute of limitations grounds, and a jury awarded damages. The appellate court reversed, holding that the claims were barre
• Wagner Seed Co., Inc. v. Bush
  946 F.2d 918· D.C. Cir.· 1991-10-15 ·cited 16×·via Plain Language
  The dissenting judge would reverse the lower court's decision, arguing that the EPA is not entitled to Chevron deference in its interpretation of CERCLA § 106(b)(2) and that the statutory text favors the petitioner's reading.
• In re Folendore v. U.S. Small Bus. Admin.
  862 F.2d 1537· 11th Cir.· 1989-01-12 ·cited 16×·via Plain Language
  A lien securing a claim that is not an allowed secured claim is void under 11 U.S.C. § 506(d) if a party in interest requests disallowance of the claim, even if the claim is not actually disallowed.
• Merriex v. State
  521 So. 2d 249· Fla. 1st DCA· 1988-03-01 ·cited 16×
  Richard Merriex appeals his conviction for selling crack cocaine and his sentence based on a departure from sentencing guidelines. The court affirms, holding that while a subsequent conviction (occurring after the primary offense but before sentencing) cannot be scored as a prior
• United Transp. Union v. Drew Lewis
  711 F.2d 233· D.C. Cir.· 1983-06-17 ·cited 16×·via Plain Language Of Statute
  The court held that Section 2 of the Safety Appliance Acts mandates specific safety equipment, not operating procedures, and thus does not prohibit employees from going between cars during coupling operations.
• Meade Twp. v. Andrus
  695 F.2d 1006· 6th Cir.· 1982-12-20 ·cited 16×·via Plain Language
  The Secretary of the Interior exceeded his statutory authority by promulgating a regulation that defined 'unit of local government' based on a 'principal provider of services' test, which conflicted with the Payments in Lieu of Taxes Act's plain language and legislative intent fa
• In the Interest of J. F.
  384 So. 2d 713· Fla. 3d DCA· 1980-06-03 ·cited 16×·via Plain Language Of Statute
  A Florida appellate court affirmed a trial court's order permanently committing a child to the Department of Health and Rehabilitative Services for adoption, terminating the natural mother's parental rights. The court rejected the mother's argument that the trial court applied an
• USAA Gen. Indem. Co. v. William J. Gogan, M.D.
  238 So. 3d 937· Fla. 4th DCA· 2018-03-14 ·cited 15×·via Plain Language Of Statute
  An insurer must apply a policy deductible to 100 percent of an insured's actual medical expenses and losses before applying any Medicare fee schedule reductions found in section 627.736(5)(a). Fee schedules are reimbursement limitations that apply only during the Benefits Phase w
• Zoltan Barati v. State
  198 So. 3d 69· Fla. 1st DCA· 2016-02-23 ·cited 15×·via Plain Language Interpretation
  A Florida appellate court held that the Attorney General possesses plenary authority to unilaterally dismiss a qui tam action under the Florida False Claims Act, regardless of whether the State previously declined to intervene in the litigation. This decision of first impression
• Global Xtreme, Inc. v. Advanced Aircraft Ctr., Inc.
  122 So. 3d 487· Fla. 3d DCA· 2013-09-25 ·cited 15×·via Plain Language
  Global Xtreme challenges an attorney's fees award to Advanced Aircraft Center based on sections 57.105 and 713.29, Florida Statutes. The appellate court reversed, holding that Advanced failed to comply with the strict notice requirements of section 57.105 and that section 713.29
• State v. Phillips
  119 So. 3d 1233· Fla.· 2013-04-04 ·cited 15×
  The Florida Supreme Court held that the state lacks jurisdiction to initiate civil commitment proceedings under the Jimmy Ryce Act (Involuntary Civil Commitment of Sexually Violent Predators Act) against an inmate whose sentence has already expired due to corrected time credits a
• ST. Johns Inv. Mgmt. Co. v. Albaneze
  22 So. 3d 728· Fla. 1st DCA· 2009-11-13 ·cited 15×
  St. Johns Investment Management Company appealed the denial of its motion for a temporary injunction seeking to enforce noncompete provisions against former CEO David Albaneze. The trial court concluded the noncompete covenants expired with the four-year employment term, but the
• Providence Prop. & Cas. & Certified HR Servs. v. Wilson
  990 So. 2d 1224· Fla. 1st DCA· 2008-09-28 ·cited 15×·via Plain Language
  In this workers' compensation case, the court held that an employee who received treatment from an authorized physician is entitled to a one-time change in physician under Florida Statute § 440.13(2)(f), regardless of whether the original physician discharged the employee or opin
• Calabro v. State
  995 So. 2d 307· Fla.· 2008-09-18 ·cited 15×
  The Florida Supreme Court held that a defendant's statements made during arraignment expressing a desire for plea negotiations and admitting guilt are inadmissible under Florida Statute § 90.410 and Criminal Procedure Rule 3.172(i), reversing the Third District Court of Appeal's
• State v. Lockheed Martin Corp.
  905 So. 2d 1017· Fla. 1st DCA· 2005-07-05 ·cited 15×
  The Florida Department of Revenue appealed a trial court judgment awarding Lockheed Martin a tax refund for materials incorporated into research and development prototypes. The court held that section 212.052(2), Florida Statutes, unambiguously exempts tangible personal property
• Oliver v. United States Postal Serv.
  696 F.2d 1129· 5th Cir.· 1983-02-03 ·cited 15×
  The court held that placing an employee on paid administrative leave during the notice period for removal or suspension does not violate federal regulations or statutes, as there is no express requirement for the employee to remain on active duty.
• Antoine E. McCloud v. State
  260 So. 3d 911· Fla.· 2018-12-20 ·cited 14×·via Plain Language Of Statute
  The Florida Supreme Court resolved a conflict between district courts regarding the proper interpretation of Florida's witness tampering statute (§ 914.22(1)(e)). The Court held that the statute does not require proof that a witness attempted to contact law enforcement as an elem
• Bair v. City OF Clearwater
  196 So. 3d 577· Fla. 2d DCA· 2016-08-05 ·cited 14×
  The Bairs appealed a final judgment dismissing their claims against the City of Clearwater for equitable estoppel and under the Bert Harris Act after the City issued a stop-work order on their home renovation in a flood zone. The court affirmed, holding that equitable estoppel is
• Cassista v. State
  57 So. 3d 265· Fla. 5th DCA· 2011-03-25 ·cited 14×
  The court held that the record was insufficient to determine if the defendant qualified for Prison Releasee Reoffender status, requiring further proceedings.
• Instituto de Prevision Militar v. Merrill Lynch
  546 F.3d 1340· 11th Cir.· 2008-10-29 ·cited 14×
  Instituto de Prevision Militar (IPM), a Guatemalan pension fund, sued Merrill Lynch for fraud and related state law claims arising from Merrill Lynch's alleged role in facilitating Pension Fund of America's theft of IPM's invested funds. The Eleventh Circuit held that SLUSA barre
• State v. Lazo
  761 So. 2d 1244· Fla. 2d DCA· 2000-07-12 ·cited 14×·via Plain Language
  The State appealed a trial court's imposition of drug offender probation for a felony driving-while-license-suspended charge. The appellate court reversed, holding that drug offender probation under Florida Statute § 948.034(2) applies only to specifically enumerated drug offense
• Bryant H. Walker and Lorry Jo Walker v. State Farm Fire & Cas. Co.
  758 So. 2d 1161· Fla. 4th DCA· 2000-04-19 ·cited 14×
  Homeowners appealed a trial court's dismissal of their breach of contract claim against State Farm for stolen rare coins, arguing the policy's $200 special limitation on "coins" was ambiguous and did not apply to collectible coins. The appellate court affirmed, holding that the p
• Burger King Corporation/Cigna Ins. Co. v. Moreno
  689 So. 2d 288· Fla. 1st DCA· 1997-02-03 ·cited 14×
  In a workers' compensation case, the court affirmed that a 69-year-old claimant injured while receiving Social Security retirement benefits remains entitled to permanent total disability supplemental benefits because the statutory cessation requirement applies only to employees e
• Houston D. Perkins v. State
  630 So. 2d 1180· Fla. 1st DCA· 1994-01-12 ·cited 14×·via Plain Language
  A structure designed to be occupied by people lodging therein at night constitutes a dwelling under the 1982 amended Florida statute, irrespective of actual occupancy or the owner's intent to return, unless credible evidence shows the structure's character has been substantially
• Midamerica Fed. Sav. & Loan Ass'n v. Shearson/American Express Inc.
  886 F.2d 1249· 10th Cir.· 1989-09-28 ·cited 14×
  The court held that the defendants breached their fiduciary duty and violated Oklahoma securities law because they induced the purchase of securities through material omissions, and the plaintiff's lack of actual knowledge of these omissions was sufficient to establish liability.
• Overseas Educ. Ass'n (A Unified State Affiliate of the Nat'l Educ. Association) v. Fed. Labor Relations Auth.
  824 F.2d 61· D.C. Cir.· 1987-07-24 ·cited 14×·via Plain Language Of Statute
  Federal court jurisdiction over FLRA decisions reviewing arbitral awards exists only if the FLRA's order involves a statutory unfair labor practice, not merely if the underlying conduct could be characterized as such.
• In re Flagstaff Foodservice Corp. v. Levin & Weintraub
  739 F.2d 73· 2d Cir.· 1984-07-10 ·cited 14×·via Plain Language
  The court held that interim professional fees awarded in a Chapter 11 proceeding cannot be paid from a secured creditor's collateral when the creditor holds a super-priority lien, unless the services primarily benefited the secured creditor under 11 U.S.C. § 506(c).
• JePhunneh Lawrence v. Staats
  640 F.2d 427· D.C. Cir.· 1981-02-05 ·cited 14×
  Title VII of the Civil Rights Act of 1964 applies to employees of the General Accounting Office (GAO) only if they are in the competitive service, not the excepted service.
• Ark. Valley Indus., Inc. v. Freeman
  415 F.2d 713· 8th Cir.· 1969-07-30 ·cited 14×·via Plain Language Of Statute
  The Secretary of Agriculture lacked the statutory authority to issue a cease and desist order against live poultry dealers and handlers, as the relevant procedural sections of the Packers and Stockyards Act apply only to 'packers'.
• Schwartz v. Mills
  192 F.2d 727· 2d Cir.· 1951-11-15 ·cited 14×
  The court held that a claimant corporation, despite shared ownership with the bankrupt, was not disqualified from voting its claim under § 44(a) of the Bankruptcy Act, and its proof of claim was sufficient for voting purposes.
• Israel v. DeSantis
  269 So. 3d 491· Fla.· 2019-04-23 ·cited 13×·via Plain Language Interpretation
  The Florida Supreme Court affirmed a lower court's dismissal of a Sheriff's petition challenging his suspension. The court held that the Governor's executive order suspending the Sheriff for neglect of duty and incompetence contained sufficient factual allegations to meet the con
• Ocean Concrete, Inc. v. Indian River Cnty.
  241 So. 3d 181· Fla. 4th DCA· 2018-03-14 ·cited 13×
  A use that is expressly permitted under a zoning code at the time of a government action is a nonspeculative existing use under the Harris Act, regardless of the economic feasibility of the project. A use that is permitted under zoning code is per se compatible with surrounding l
• Whitney Bank v. Von Daniel Grant, Jr.
  223 So. 3d 476· Fla. 1st DCA· 2017-08-07 ·cited 13×
  Whitney Bank sought to recover alleged deficiencies on promissory notes following a short sale of the Grants' residential property. The trial court applied a one-year statute of limitations for deficiency judgments, but the appellate court reversed, holding that the statute of li
• Deutsche Bank Nat'l Tr. Co. for Morgan Stanley Home Equity Loan Tr. 2007-1 v. Hagstrom
  203 So. 3d 918· Fla. 2d DCA· 2016-07-20 ·cited 13×·via Plain Language Of Statute
  Deutsche Bank, as holder of a promissory note secured by a mortgage, appealed a summary judgment granted to homeowners on grounds that Deutsche Bank failed to comply with Florida's notice requirement in section 559.715 for assignment of debt collection rights. The court reversed,
• Fortune v. Gulf Coast Tree Care Inc./Florida Citrus Bus. & Indus.
  148 So. 3d 827· Fla. 1st DCA· 2014-10-13 ·cited 13×·via Plain Language
  In this workers' compensation case, the Florida District Court of Appeal reversed the Judge of Compensation Claims' denial of reimbursement for medical expenses, mileage, and co-payments incurred by an employee following a work-related assault injury. The court held that when an
• Dirico v. Redland Ests., Inc.
  154 So. 3d 355· Fla. 3d DCA· 2014-09-10 ·cited 13×
  In this real estate contract dispute, the Florida Third District Court of Appeal reversed a judgment against a property seller, holding that the contract language regarding deposit payments was unambiguous and that the trial court erred in admitting parol evidence to determine th
• Levey v. Detzner
  146 So. 3d 1224· Fla. 1st DCA· 2014-09-03 ·cited 13×·via Plain Language
  Laura Rivero Levey sought declaratory and injunctive relief to be placed on the ballot for the Florida House of Representatives District 113 after her qualifying fee check was returned by her bank after the qualifying period closed. The court affirmed the trial court's judgment t
• White v. City OF Pompano Beach
  813 So. 2d 1003· Fla. 4th DCA· 2002-03-20 ·cited 13×
  George White appealed summary judgment dismissing his discrimination complaint against the City of Pompano Beach as barred by a one-year statute of limitations. The court reversed, holding that the EEOC's letter stating it was "unable to conclude" violations occurred did not cons
• Wal-Mart Stores & Claims Mgmt., Inc. v. Campbell
  714 So. 2d 436· Fla.· 1998-06-11 ·cited 13×·via Plain Language
  The Florida Supreme Court held that section 440.14(1)(a) of the Florida Statutes mandates a fixed method for calculating average weekly wage (AWW) in workers' compensation cases involving concurrent employment, requiring combination of all earnings from both employments over thir
• Spurgeon v. State
  114 So. 3d 1042· Fla. 5th DCA· 2013-05-31 ·cited 12×·via Plain Language Of Statute
  Jay William Spurgeon was convicted of battery on an emergency medical care provider for spitting at hospital security officer Carlena DenDekker. The Florida appellate court reversed and remanded for a new trial, finding the State failed to prove the victim was an "emergency medic
• N. Pointe Cas. Ins. Co. v. M & S Tractor Servs., Inc.
  62 So. 3d 1281· Fla. 2d DCA· 2011-06-24 ·cited 12×
  North Pointe Casualty Insurance appealed a declaratory judgment holding that its liability policy provided coverage for injuries sustained by the young son of an employee who fell from a tractor while riding on it during his father's work. The court affirmed, finding the policy's
• Bauer v. Dilib, Inc.
  16 So. 3d 318· Fla. 4th DCA· 2009-09-16 ·cited 12×·via Plain Language
  A Florida appellate court held that an employer cannot recover attorney's fees from a third party who aids and abets employees' violation of a restrictive covenant, even though the third party can be enjoined from participating in the violation. The court interpreted Florida's re
• Hand v. Grow Constr., Inc.
  983 So. 2d 684· Fla. 1st DCA· 2008-06-05 ·cited 12×
  In this breach of real estate contract dispute, the court reversed summary judgment for the builder (Grow Construction) and held that the buyer's obligation to pay the purchase price was dependent on the builder's obligation to construct a defect-free building, not independent as
• City OF Coral Gables Code Enf't Bd. v. Yife Tien
  967 So. 2d 963· Fla. 3d DCA· 2007-10-10 ·cited 12×·via Plain Language
  The court quashed a decision by the appellate court that had reversed a Code Enforcement Board's dismissal of a neighbor's complaint about a large yacht moored in a waterway, finding the ordinance applied even if the boat extended over a neighbor's space.
• State v. Johann S. Warren
  755 So. 2d 145· Fla. 1st DCA· 2000-02-28 ·cited 12×
  Section 784.03(2), Florida Statutes requires two prior convictions for battery as defined in section 784.03(1)—meaning misdemeanor battery—to support a felony battery charge, not prior convictions for aggravated battery or a mixture of both.