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

• State Farm Fire & Cas. Co. v. Patrick
  647 So. 2d 983· Fla. 3d DCA· 1994-12-14 ·cited 12×·via Plain Language Of Contract
  State Farm appealed a summary judgment order requiring it to pay $2,854.41 in withheld depreciation from a Hurricane Andrew insurance claim. The Third District reversed, holding that under the plain language of the replacement cost policy, State Farm was not obligated to pay the
• United States v. Martin D.L. Haynes
  969 F.2d 569· 7th Cir.· 1992-08-04 ·cited 12×·via Plain Language
  The court held that the equivalency provision of the Sentencing Guidelines applies even when marijuana plants are harvested and processed into consumable marijuana, requiring sentencing based on the greater of the converted plant weight or the actual processed weight.
• United States v. Morgan
  922 F.2d 1495· 10th Cir.· 1991-01-10 ·cited 12×
  The court held that the statute of limitations for a federal crime is tolled under 18 U.S.C. § 3290 when the defendant is a fugitive from justice, even if the original crime was a state offense and unrelated to the federal offense.
• In re Sanderfoot v. Sanderfoot
  899 F.2d 598· 7th Cir.· 1990-03-30 ·cited 12×
  The court should reverse the bankruptcy court's decision allowing the debtor to avoid his ex-wife's lien on their former marital home.
• United States v. Nolder
  887 F.2d 140· 8th Cir.· 1989-10-04 ·cited 12×
  The court affirmed the conviction based on the government's concession, despite the judge's disagreement with the majority's interpretation of the Sentencing Guideline.
• W. Coast Truck Lines, Inc. v. Arcata Cmty. Recycling Ctr., Inc.
  846 F.2d 1239· 9th Cir.· 1988-05-23 ·cited 12×·via Plain Language Of Statute
  Section 10733 of the Interstate Commerce Act exempts motor carriers from general tariff rate filing requirements when transporting recyclable materials, allowing them to charge reduced rates without prior filing.
• Cook Inlet Native Ass'n v. Bowen
  810 F.2d 1471· 9th Cir.· 1987-02-20 ·cited 12×
  The court held that Alaska Native regional profit corporations, like CIRI, can be considered 'Indian tribes' under the Indian Self-Determination Act, and that the administrative interpretation to this effect is reasonable and entitled to deference.
• United States v. Mendoza-Lopez
  781 F.2d 111· 8th Cir.· 1985-12-31 ·cited 12×·via Plain Language
  An alien cannot collaterally attack a previous deportation order as a defense to a prosecution under 8 U.S.C. § 1326.
• Stewart-Warner Corp. v. City OF Pontiac
  767 F.2d 1563· Fed. Cir.· 1985-07-18 ·cited 12×·via Plain Language Interpretation
  The dissenting judge would hold the patent invalid based on a plain language interpretation of its preamble.
• Oswaldo Herrera and Aleida Herrera v. Doctor's Hosp. & Elbert L. Fisher
  360 So. 2d 1092· Fla. 3d DCA· 1978-02-28 ·cited 12×
  In this medical malpractice appeal, the Florida District Court of Appeal held that a plaintiff need not present evidence before a medical liability mediation panel to satisfy the statutory requirement of submitting a claim to the panel prior to filing suit. The court reasoned tha
• Taylor v. Tampa Elec. Co.
  356 So. 2d 260· Fla.· 1978-02-16 ·cited 12×
  The Florida Supreme Court held that circuit court clerks may collect commissions on funds disbursed from the court registry to eminent domain defendants in "quick taking" proceedings under Chapter 74, Florida Statutes, but may not collect commissions on funds refunded to the emin
• Beach Towing Servs., Inc. v. Sunset Land Assocs., LLC
  278 So. 3d 857· Fla. 3d DCA· 2019-08-28 ·cited 11×
  This case involves a dispute over the interpretation of a restrictive covenant in a deed that prohibited using the property as a "parking lot, storage yard facility or for a garage or tow truck company." The appellate court affirmed the lower court's decision that the covenant pr
• Landau v. Roundpoint Mortg. Servicing Corp.
  925 F.3d 1365· 11th Cir.· 2019-06-11 ·cited 11×·via Plain Language
  A motion to reschedule a previously ordered foreclosure sale does not constitute a prohibited motion for an order of sale under 12 C.F.R. § 1024.41(g).
• State Farm Mut. Auto. Ins. Co. v. Care Wellness Ctr., LLC
  240 So. 3d 22· Fla. 4th DCA· 2018-03-14 ·cited 11×
  State Farm Mutual Automobile Insurance Company appeals a county court summary judgment favoring Care Wellness Center regarding the proper application of a PIP policy deductible. The Fourth District holds that insurers must apply a statutory fee schedule to reduce provider charges
• Gdovin v. Dyck-O'Neal, Inc.
  198 So. 3d 986· Fla. 2d DCA· 2016-08-10 ·cited 11×
  Lisa Gdovin appealed an order denying her motion for relief from judgment in an independent deficiency action filed by Dyck-O'Neal, Inc. The court held that a circuit court has subject matter jurisdiction to adjudicate an independent deficiency action when a foreclosure court had
• The Est. OF Steven Adam Tinervin v. Gonzales, M.D., P.A.
  23 So. 3d 1232· Fla. 4th DCA· 2009-11-25 ·cited 11×
  The Estate of Steven Tinervin appeals a declaratory judgment holding that a business owner's policy's professional services exclusion barred coverage for the doctor's wife's alleged negligence in handling lab reports, but that the insurer had a duty to defend. The court affirmed,
• Cent. Magnetic Imaging Open MRI OF Plantation, Ltd. v. State Farm Fire & Cas. Ins. Co.
  22 So. 3d 782· Fla. 4th DCA· 2009-11-18 ·cited 11×·via Plain Language
  Central Magnetic Imaging sought certiorari review of a circuit court decision that reversed summary judgment and held that an insurer need not obtain an independent medical examination (IME) before denying a personal injury protection (PIP) claim, as long as a valid peer review r
• Mahon v. United States Dep't OF Agric.
  485 F.3d 1247· 11th Cir.· 2007-05-10 ·cited 11×
  The Mahons sought judicial review of USDA denials of federal disaster assistance for citrus tree losses caused by freezing temperatures in 2000. The court held that John and Shelby Mahon's claims were arbitrarily and capriciously denied because the USDA selectively applied Florid
• Tywaun Jackson v. State
  802 So. 2d 1213· Fla. 2d DCA· 2002-01-09 ·cited 11×·via Plain Language Of Statute
  Jackson, a person civilly committed as a sexually violent predator under Florida's Jimmy Ryce Act, petitioned for habeas corpus or mandamus relief claiming the Department failed to provide required annual mental examinations, written notice of release rights, and judicial review.
• State v. C & W Food Serv., Inc.
  765 So. 2d 728· Fla. 1st DCA· 2000-05-10 ·cited 11×·via Plain Language
  A contract renewal clause that requires mutual agreement, satisfactory performance, and availability of funds does not create a right to renewal as a matter of law.
• Nat'l Env't Found. v. ABC Rail Corp.
  926 F.2d 1096· 11th Cir.· 1991-03-19 ·cited 11×
  The 60-day notice requirement in the Clean Water Act is mandatory, and a citizen suit alleging violations of toxic effluent limitations under § 1317(d) is not exempt from this requirement.
• Sailboat Apt. Corp. v. Chase Manhattan Mortg. & Realty Tr.
  363 So. 2d 564· Fla. 3d DCA· 1978-08-15 ·cited 11×·via Plain Language Of Statute
  Sailboat Apartment Corporation challenged a floating-rate loan as usurious when prime-based interest rates spiked to over 15% annually. The court held that Florida's usury statute requires spreading only advances and forbearances over a loan's term, not variable interest charges,
• Pitts v. State
  263 So. 3d 834· Fla. 1st DCA· 2019-02-05 ·cited 10×·via Plain Language
  Samuel Pitts appealed his sexual battery conviction challenging the trial court's admission of collateral crime evidence and exclusion of good character evidence. The First District Court of Appeal affirmed the conviction, holding that the collateral crime evidence was properly a
• Taffe v. State
  232 So. 3d 431· Fla. 4th DCA· 2017-12-13 ·cited 10×·via Plain Language Interpretation
  Richard Taffe appeals the trial court's revocation of his probation and sentencing as a Habitual Felony Offender. The appellate court affirmed the probation revocation but remanded to remove the armed kidnapping finding, which was not alleged in the charging affidavit, while upho
• Charles v. S. Baptist Hosp. OF Fla., Inc.
  209 So. 3d 1199· Fla.· 2017-01-31 ·cited 10×·via Plain Language Of Statute
  The Florida Supreme Court reversed the First District Court of Appeal's decision that the federal Patient Safety and Quality Improvement Act preempts Florida's constitutional Amendment 7, which grants patients access to adverse medical incident records. The Court held that the Fe
• Sand Lake Hills Homeowners Ass'n, Inc. v. Busch
  210 So. 3d 706· Fla. 5th DCA· 2017-01-20 ·cited 10×·via Plain Language
  Sand Lake Hills Homeowners Association appealed a judgment awarding attorney's fees to the Busches under two statutory provisions. The court affirmed the award under section 712.08 for filing a false Marketable Record Title Act notice, but reversed the award under the ARD's fee p
• Charbonier Food Servs., LLC v. 121 Alhambra Tower, LLC
  206 So. 3d 755· Fla. 3d DCA· 2016-10-05 ·cited 10×
  Charbonier Food Services appealed from a trial court order requiring it to deposit disputed rent into the court registry and a subsequent eviction judgment. The appellate court reversed, finding that the lease's rent provision was ambiguous and susceptible to multiple reasonable
• Med. Ctr. OF the Palm Beaches v. USAA Cas. Ins. Co.
  202 So. 3d 88· Fla. 4th DCA· 2016-08-31 ·cited 10×
  A Florida appeals court held that under the state's PIP no-fault insurance statute, medical benefits are limited to $2,500 unless a statutorily authorized medical provider determines the insured has an emergency medical condition. The court rejected the medical provider's argumen
• Satish B. Patel v. State
  141 So. 3d 1239· Fla. 5th DCA· 2014-06-27 ·cited 10×·via Plain Language
  The Florida District Court of Appeal reversed a trial court's order finding probable cause to seize substitute bank accounts and cash under the Florida Contraband Forfeiture Act (FCFA). The court held that section 932.703(5)'s substitute assets provision applies only to the forfe
• The Shakespeare Found., Inc. v. Jackson
  61 So. 3d 1194· Fla. 1st DCA· 2011-05-09 ·cited 10×
  The court reversed a trial court's dismissal of a fraud claim on the basis of an arbitration clause in a real estate contract, holding that the plaintiffs' common-law fraud claim was not significantly related to the contract and therefore not subject to arbitration. The court als
• Lawson v. State
  845 So. 2d 986· Fla. 1st DCA· 2003-05-23 ·cited 10×·via Plain Language
• Riveroll v. Winterthur Int'l Ltd.
  787 So. 2d 891· Fla. 3d DCA· 2001-04-25 ·cited 10×
  The Riverolls appealed a summary judgment finding their insurance policy did not cover medical treatment expenses incurred after the policy expired, even though the underlying accident occurred during the policy period. The court affirmed, holding that the plain language of the e
• City OF Safety Harbor v. Commc'ns Workers OF Am. & Pub. Emps. Relations Comm'n
  715 So. 2d 265· Fla. 1st DCA· 1998-03-11 ·cited 10×
  The City of Safety Harbor challenges a PERC order certifying the Communications Workers of America as the exclusive bargaining representative for a unit that included Recreation Leaders II as nonprofessional employees. The court reversed, holding that PERC erroneously interpreted
• Juan Castillo-Plaza, M.D. v. Green
  655 So. 2d 197· Fla. 3d DCA· 1995-05-24 ·cited 10×·via Plain Language
  The physician-patient confidentiality privilege established by section 455.241(2) does not apply to medical malpractice cases; therefore, defense counsel in such cases may communicate ex parte with non-defendant treating physicians on subjects beyond medical records and the patie
• Synovus Fin. Corp. v. Bd. OF Governors OF THE Fed. Reserve Sys.
  952 F.2d 426· D.C. Cir.· 1991-12-20 ·cited 10×·via Plain Language
  The Federal Reserve Board lacks authority under the Douglas Amendment to regulate the interstate relocation of a subsidiary bank, as the amendment specifically addresses 'acquisitions' and not 'relocations'.
• In re Dewsnup v. Timm
  908 F.2d 588· 10th Cir.· 1990-07-11 ·cited 10×
  A Chapter 7 debtor cannot use 11 U.S.C. § 506(d) to void the undersecured portion of a lien on real property that has been abandoned by the bankruptcy estate. Section 506(a) requires the estate to have an interest in the property, which it does not have after abandonment.
• DOE v. Reivitz
  830 F.2d 1441· 7th Cir.· 1987-09-28 ·cited 10×
  The court held that the statutory scheme and IRCA clearly indicate that illegal aliens are not eligible for AFDC and AFDC-UP benefits.
• Henry T. Patterson Tr. v. United States
  729 F.2d 1089· 6th Cir.· 1984-03-22 ·cited 10×
  The court held that the district court correctly determined the stock redemption was not essentially equivalent to a dividend, allowing for capital gains treatment, because the plain language of 26 U.S.C. § 318(a)(4) includes options held by non-family members in constructive own
• Montefiore Hosp. & Med. Ctr. v. Nat'l Labor Relations Bd.
  621 F.2d 510· 2d Cir.· 1980-04-28 ·cited 10×
  The court held that doctors striking without notice engaged in protected activity unless it endangered patients, and their picket line conduct discouraging patients was unprotected. The denial of full-time positions in retaliation for filing charges was unlawful.
• Philip Morris USA Inc. v. Gore
  344 So. 3d 1· Fla. 4th DCA· 2022-04-13 ·cited 9×
  The appellate court reversed an attorney's fees award, holding that a non-settling defendant is entitled to a reduction in fees to prevent a double recovery when another defendant has already paid for the same fees. The court affirmed other issues on appeal.
• State v. Jones
  283 So. 3d 1259· Fla. 2d DCA· 2019-11-01 ·cited 9×·via Plain Language Of Statute
  The State appealed the suppression of Ruben Allen Jones's statements of identity made during a crash investigation, which were later used to charge him with driving on a suspended license. The central issue is whether Florida's statutory accident-report privilege under section 31
• R.J. Reynolds Tobacco Co. v. Sheffield
  266 So. 3d 1230· Fla. 5th DCA· 2019-02-08 ·cited 9×
  The 1999 version of section 768.73, Florida Statutes, applies to the punitive damages issues in this wrongful death action because the cause of action accrued on the date of the decedent's death in 2007, not on the date the decedent manifested a smoking-related disease in 1994. M
• Kogan v. Israel
  211 So. 3d 101· Fla. 4th DCA· 2017-01-25 ·cited 9×·via Plain Language
  Jeffrey Kogan, a Broward Sheriff's Office homicide detective, sued under Florida's public Whistle-blower's Act after being demoted to road patrol following his participation in a Florida Department of Law Enforcement investigation into possible excessive force by a Fort Lauderdal
• Michael Anthony Co. v. Palm Springs Townhomes
  174 So. 3d 428· Fla. 4th DCA· 2015-07-08 ·cited 9×
  Michael Anthony Company appealed a judgment awarding Palm Springs $2,038,909.38 in liquidated damages for allegedly failing to remove a billboard tenant before surrendering the leased property. The Fourth District Court of Appeal reversed, holding that the Commercial Lease did no
• Fla. Peninsula Ins. Co. v. Maricela Cespedes
  161 So. 3d 581· Fla. 2d DCA· 2014-12-17 ·cited 9×
  The court considered whether an insurance policy's sinkhole exclusion was enforceable when the insurer failed to provide a statutorily mandated bold-type warning on the face of the policy.
• Suffield v. State
  132 So. 3d 333· Fla. 4th DCA· 2014-01-22 ·cited 9×·via Plain Language
  Thomas Suffield appealed a summary denial of his motion to correct an illegal sentence, claiming he was improperly sentenced as a Prison Releasee Reoffender (PRR) for burglary of a conveyance with assault or battery. The court agreed, holding that while burglary with assault qual
• Alachua Cnty. v. Expedia, Inc.
  110 So. 3d 941· Fla. 1st DCA· 2013-02-28 ·cited 9×·via Plain Language Of Statute
  Florida counties appealed a trial court's decision that the Tourist Development Tax (a bed tax on hotel stays) applies only to the amount that online travel companies (like Expedia and Orbitz) remit to hotels, not to the markup they retain. The First District Court of Appeal affi
• Figueroa-Montalvo v. State
  10 So. 3d 173· Fla. 5th DCA· 2009-04-03 ·cited 9×
  The court held that the plain language of section 775.087(2)(a)1., Florida Statutes (2007), requires a three-year minimum mandatory sentence for burglary of a conveyance with an assault or battery, not ten years.
• Mony Sec. Corp. v. Bornstein
  390 F.3d 1340· 11th Cir.· 2004-11-18 ·cited 9×·via Plain Language Interpretation
  MONY Securities Corp., an NASD member, sought declaratory and injunctive relief to avoid arbitration of claims brought by the Bornsteins, who had invested in viatical settlement contracts after being advised by Lawrence Keller, an associated person of MONY. The Eleventh Circuit a
• Raimond N. Tullius v. Madeleine Albright
  240 F.3d 1317· 11th Cir.· 2001-02-06 ·cited 9×
  Raimond Tullius sought a declaratory judgment of U.S. citizenship, claiming his father transmitted citizenship to him at birth under 8 U.S.C. § 1401(a)(7), despite the father's failure to satisfy the physical presence requirement. The Eleventh Circuit affirmed summary judgment fo