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

• Lenoria Wiggins v. S. Mgmt. Corp.
  629 So. 2d 1022· Fla. 4th DCA· 1993-12-29 ·cited 9×
  Lenoria Wiggins appealed the dismissal of her retaliatory discharge complaint after she was terminated for providing testimony adverse to her employer at her sister's unemployment compensation hearing. The Fourth District affirmed the dismissal, holding that section 92.57's prote
• United Bank & Tr. Co. OF Norman v. The Kan. Bankers Sur. Co.
  901 F.2d 1520· 10th Cir.· 1990-04-24 ·cited 9×·via Plain Language Of Contract
  The court held that the loss was sustained when credit was extended on the faith of counterfeit securities, prior to the bond's effective date, and thus the bond did not cover the loss.
• State v. Burnett
  536 So. 2d 375· Fla. 2d DCA· 1988-12-30 ·cited 9×
  Florida's Second District Court of Appeal answered two certified questions of first impression regarding when law enforcement may administer implied consent warnings and blood alcohol tests. The court held that section 316.1932(1)(c) applies only when a suspect appears at a medic
• John W. and Regina R.Z. Green v. Commissioner OF Internal Revenue
  707 F.2d 404· 9th Cir.· 1983-05-31 ·cited 9×
  A taxpayer is not entitled to a home office deduction for a room used exclusively for telephone calls from clients, as this does not constitute 'meeting or dealing with the taxpayer' by clients within the meaning of the statute.
• Sec. First Ins. Co. v. Czelusniak
  305 So. 3d 717· Fla. 3d DCA· 2020-05-13 ·cited 8×·via Plain Language Of Insurance Policy
  The appellate court reversed a trial court's directed verdict for an insured homeowner. The court found that an anti-concurrent cause provision in the insurance policy excluded coverage for water damage, even if some of the water entered through a non-excluded point like a door,
• State v. Sampaio
  291 So. 3d 120· Fla. 4th DCA· 2020-02-19 ·cited 8×·via Plain Language
  Section 817.52(3), which criminalizes failure to redeliver a hired vehicle, contains no notice requirement, and the notice prerequisite established in section 812.155(6) for a different offense does not apply to prosecutions under section 817.52(3).
• Valencia Reserve Homeowners Ass'n, Inc. v. Boynton Beach Assocs.
  278 So. 3d 714· Fla. 4th DCA· 2019-08-28 ·cited 8×
  A developer's use of working fund contributions to offset its deficit obligation under Section 720.308(1)(b) does not violate Chapter 720, Florida Statutes, when the declaration explicitly authorizes such use and all lot owners agreed to the terms upon purchase.
• Young v. Levy
  140 So. 3d 1109· Fla. 4th DCA· 2014-06-18 ·cited 8×
  The court held that a writ of garnishment cannot be used to satisfy a judgment from a member's distributions from a limited liability company, as a charging order is the sole and exclusive remedy.
• U.S. Bank Nat'l Ass'n for the Gsamp Tr. 2006-NCI Mortg. Pass-Through Certificates v. Busquets
  135 So. 3d 488· Fla. 2d DCA· 2014-03-21 ·cited 8×
  U.S. Bank appeals a trial court's summary judgment dismissing its foreclosure action against Jose Busquets for failure to provide proper notice of default and acceleration as required by the mortgage contract. The appellate court reverses, finding that the Bank's notice of defaul
• Kortum v. Sink
  54 So. 3d 1012· Fla. 1st DCA· 2010-12-29 ·cited 8×·via Plain Language
  A public adjuster challenged Florida's statutory ban on public adjuster solicitation for 48 hours following an insurable loss, arguing it violates commercial free speech rights. The court held that the statute unambiguously prohibits all solicitation during the 48-hour period and
• Just. Admin. Comm'n v. Osa J. Harp, IV
  24 So. 3d 779· Fla. 5th DCA· 2009-12-31 ·cited 8×
  A parent who voluntarily executes a written surrender of parental rights is not entitled to court-appointed counsel in a termination proceeding, and the Justice Administrative Commission is not required to pay for such counsel.
• Beckley v. Best Restorations, Inc.
  13 So. 3d 125· Fla. 4th DCA· 2009-06-03 ·cited 8×
  The court held that service of process via a private mailbox is only permissible under section 48.031(6), Florida Statutes, if the private mailbox is the sole address discoverable through public records for the party to be served.
• W.G. ROE & Sons v. Razo-Guevara
  999 So. 2d 708· Fla. 1st DCA· 2008-12-31 ·cited 8×
  In this workers' compensation appeal, the court addressed the proper interpretation of Florida Statutes section 440.093(3) limiting temporary total disability benefits for mental or nervous injuries to six months. The court held that the six-month limitation only applies when per
• Toiberman v. Tisera
  998 So. 2d 4· Fla. 3d DCA· 2008-10-08 ·cited 8×
  The court reversed an arbitrator's award in a dissolution of marriage case, holding that Florida Statute § 44.104(14) categorically prohibits arbitration of any dispute involving child custody, visitation, or child support. Because the parties' arbitration agreement covered all i
• Glenn v. State
  954 So. 2d 732· Fla. 1st DCA· 2007-04-26 ·cited 8×
  The court held that a 2006 amendment to Florida law allows defendants who pleaded guilty or nolo contendere before July 1, 2006, to petition for postconviction DNA testing.
• Republic Servs., Inc. v. Calabrese
  939 So. 2d 225· Fla. 5th DCA· 2006-10-13 ·cited 8×·via Plain Language Of Contract
  Republic Services appealed a trial court judgment in a contract dispute involving a stock purchase agreement and guarantees. The appellate court affirmed the judgment in all respects except reversed and remanded the calculation of pre-judgment interest, holding that the parties'
• State v. Williams
  918 So. 2d 400· Fla. 2d DCA· 2006-01-18 ·cited 8×
  A participant in a work release program who is late reporting to work is not considered an escapee under section 944.40, Florida Statutes, as they are not considered 'confined' during their authorized release for work.
• State v. Ducharme
  881 So. 2d 70· Fla. 5th DCA· 2004-08-20 ·cited 8×
  The automatic stay provisions of rule 9.310(b)(2) are inapplicable to civil commitment proceedings under the Jimmy Ryce Act because such provisions were intended only to protect the state's financial interests in money judgments, not to preserve detention in civil commitment case
• Nationwide Mut. Fire Ins. Co. v. Hild
  818 So. 2d 714· Fla. 2d DCA· 2002-06-21 ·cited 8×·via Plain Language Of Statute
  An insurer is not required to obtain a new uninsured motorist (UM) selection form when a vehicle is added to an existing policy, if the insured initially selected non-stacked UM coverage and received annual notices of UM options.
• Dep't OF Revenue v. Daystar Farms, Inc.
  803 So. 2d 892· Fla. 5th DCA· 2002-01-04 ·cited 8×·via Plain Language
  The Department of Revenue appeals a circuit court order granting a sales tax refund to Daystar Farms, Inc. The court reversed the Department's denial, finding Daystar was equally liable on a debt secured by real property and thus qualified for a statutory exemption. The appellate
• McDONALD v. State
  631 So. 2d 1137· Fla. 4th DCA· 1994-02-16 ·cited 8×·via Plain Language Of Statute
  McDonald appealed his conviction and sentence for cocaine sale, challenging an attorney's fee assessment of $750 and a $150 mandatory donation to a drug fund. The court affirmed that attorney's fees can be assessed against public defender clients but reversed the fee award becaus
• COX v. Mid-America Dairymen, Inc.
  965 F.2d 569· 8th Cir.· 1992-05-11 ·cited 8×·via Plain Language Interpretation
• Navarro-Ayala v. Hernandez-Colon
  951 F.2d 1325· 1st Cir.· 1991-12-18 ·cited 8×·via Plain Language Interpretation
  The district court properly interpreted the consent decree to include collateral mental health facilities involved in the decentralization of services from Rio Piedras.
• The Lattimer-Stevens Co. v. The United Steelworkers OF Am., AFL-CIO
  913 F.2d 1166· 6th Cir.· 1990-09-13 ·cited 8×
• Ingalls Shipbuilding, Inc. v. Dir., Off. OF Workers' Comp. Programs, U.S. Dep't OF Labor
  898 F.2d 1088· 5th Cir.· 1990-04-26 ·cited 8×
  The court held that the 1984 amendments to the Longshore and Harbor Workers' Compensation Act (LHWCA) provide a specific scheme for compensating retirees with occupational diseases, including hearing loss, and that the Board erred in applying the general hearing loss provision in
• O'Neal Mills, Sr. v. Dir., Off. OF Workers' Comp. Programs, United States Dep't OF Labor, McDermott, Inc., & Crawford & Co.
  877 F.2d 356· 5th Cir.· 1989-07-14 ·cited 8×
  The dissent argues that 43 U.S.C. § 1333(b) does not contain a situs requirement for injuries resulting from Outer Continental Shelf operations.
• United States v. Mario B. and Joseph L. Capano
  786 F.2d 122· 3d Cir.· 1986-03-11 ·cited 8×·via Plain Language Of Statute
  The dissenting judge would reverse the district court's order dismissing the indictment, arguing that the statute clearly criminalizes equity skimming from all HUD-mortgaged properties in default, regardless of modification or extension requests.
• United States v. Caldwell
  463 F.2d 590· 3d Cir.· 1972-07-05 ·cited 8×
  The court held that the term "prosecution" in the savings provision of the Comprehensive Drug Abuse and Control Act includes the act of sentencing, meaning mandatory sentences under the old law apply to crimes committed before the Act's effective date.
• Buono Sales, Inc. v. Chrysler Motors Corp.
  363 F.2d 43· 3d Cir.· 1966-07-14 ·cited 8×
  Chrysler breached its dealer agreement by discontinuing DeSoto production without contractual cause and engaged in tortious interference by soliciting DeSoto customers post-discontinuance.
• Total Care Restoration, LLC v. Citizens Prop. Ins. Corp.
  357 So. 3d 1260· Fla. 3d DCA· 2023-03-15 ·cited 7×·via Plain Language
  An assignment of benefits agreement that contains only a generic price list of available services without a specific, itemized estimate of services to be performed on the particular property fails to comply with Florida Statutes § 627.7152(2)(a)4 and is invalid and unenforceable
• State v. Jamell Demons
  351 So. 3d 10· Fla. 4th DCA· 2022-11-09 ·cited 7×·via Plain Language Of Statute
  The appellate court ruled that a superseding indictment adding a gang enhancement did not require the state to refile its notice of intent to seek the death penalty. The court found the original notice, filed within the statutory timeframe, remained valid.
• THE Kidwell Grp., LLC v. United Prop. & Cas. Ins. Co.
  343 So. 3d 97· Fla. 4th DCA· 2022-06-15 ·cited 7×·via Plain Language
  The appellate court affirmed the trial court's dismissal of a breach of contract claim. The court found that the assignment of benefits did not comply with Florida statutes requiring an itemized cost estimate at the time of execution.
• Fla. Fish & Wildlife Conservation Comm'n v. Hahr
  326 So. 3d 1165· Fla. 1st DCA· 2021-08-09 ·cited 7×
  The Florida Fish and Wildlife Conservation Commission appealed a trial court's denial of its motion to dismiss, arguing it had sovereign immunity. The appellate court agreed, reversing the lower court's decision and holding that the Commission is immune from suits under USERRA an
• Rivera v. State Farm Mut. Auto. Ins. Co.
  317 So. 3d 197· Fla. 3d DCA· 2021-02-24 ·cited 7×
  A pre-suit demand letter under Florida Statute § 627.736(10) must comply strictly with all statutory requirements, including providing the exact name of the medical provider, specific dates of treatment, and an itemized statement specifying each exact amount claimed for each trip
• Principal Life Ins. Co. v. Halstead
  310 So. 3d 500· Fla. 5th DCA· 2020-12-30 ·cited 7×
  Principal Life Insurance Company appealed a summary judgment in favor of beneficiaries who sought the full $1.5 million death benefit on a policy after the insured reduced it to $500,000 but did not submit required Part D documentation. The court reversed, holding that under the
• World Fin. Grp., LLC v. Progressive Select Ins. Co.
  300 So. 3d 1220· Fla. 3d DCA· 2020-01-15 ·cited 7×
  This case concerns whether an insurance company fulfilled its duty to a lienholder when it paid an insured for car repairs without including the lienholder as a co-payee. The court held that the insurance policy required the insurer to protect the lienholder's interest, even if t
• Riggenbach v. Rhodes
  267 So. 3d 551· Fla. 5th DCA· 2019-03-29 ·cited 7×
  The Fifth District Court of Appeal granted certiorari review and quashed a trial court order denying a motion to dismiss a medical malpractice complaint, holding that a plastic surgeon's expert affidavit does not satisfy Florida's statutory requirement that expert opinions be pro
• Foley v. Asima Azam
  257 So. 3d 1134· Fla. 5th DCA· 2018-10-19 ·cited 7×
  Section 1367(d) tolls the statute of limitations for state law claims dismissed from federal court for lack of subject matter jurisdiction, regardless of whether the federal claims were frivolous or lacked plausible foundation. The plain text of the statute does not condition tol
• Gordon v. Fishman
  253 So. 3d 1218· Fla. 2d DCA· 2018-08-24 ·cited 7×
  Section 732.507(2), Florida Statutes, which revokes provisions of a will affecting a spouse upon divorce, applies only when the testator was married at the time of will execution. The statute does not apply when the will predates the marriage.
• Dimitri v. Commercial Ctr. of Miami Master Assoc.
  253 So. 3d 715· Fla. 3d DCA· 2018-08-08 ·cited 7×·via Plain Language
  A master association that manages common property in a development composed of sub-associations, each responsible for condominium property within their respective buildings, is not a condominium "association" under Florida Statutes section 718.103(2) as defined in 1982 and is the
• M.M. v. State
  187 So. 3d 300· Fla. 5th DCA· 2016-03-04 ·cited 7×
  M.M., a suspended middle school student, was arrested for criminal trespass after walking into a restricted courtyard area of his school campus despite being instructed to remain in the administrative office waiting room. The Florida appellate court affirmed his conviction, holdi
• Hatadis v. Achieva Credit Union & John Doe
  159 So. 3d 256· Fla. 2d DCA· 2015-03-04 ·cited 7×
  Steven and Esperanza Hatadis appealed a summary judgment foreclosure, arguing they did not waive their right to notice of default and thirty-day cure period when signing a forbearance agreement. The court reversed, holding that a waiver in the forbearance agreement was limited to
• State v. S.A.
  133 So. 3d 506· Fla.· 2014-02-13 ·cited 7×
  The Florida Supreme Court resolved a direct conflict between two District Courts of Appeal regarding how to calculate the speedy trial rule's recapture window in juvenile cases. The Court held that the recapture window consists of two separate time periods—up to 5 days for a hear
• Certain Interested Underwriters AT Lloyd's London Subscribing to Policy No. 328-2037 v. Pitu, Inc.
  95 So. 3d 290· Fla. 3d DCA· 2012-06-27 ·cited 7×
  Lloyd's appealed a declaratory judgment awarding a homeowner $1.24 million for water damage from a burst pipe. The court reversed, holding that an endorsement to the insurance policy unambiguously limited recovery for water damage to $25,000, regardless of the actual loss amount.
• Krause v. Textron Fin. Corp.
  59 So. 3d 1085· Fla.· 2011-02-03 ·cited 7×·via Plain Language
  The Florida Supreme Court resolved a conflict between district courts regarding whether the federal supplemental jurisdiction statute's tolling provision (28 U.S.C. § 1367(d)) applies when state law claims are dismissed for lack of federal subject matter jurisdiction. The Court h
• Harris v. State
  48 So. 3d 922· Fla. 5th DCA· 2010-11-19 ·cited 7×·via Plain Language Interpretation
  Brandon Allen Harris was convicted of burglary of a dwelling under Florida's 'remaining in' burglary statute. The appellate court reversed his conviction, holding that the State failed to present evidence that Harris was licensed or invited to enter the premises, which is a requi
• Sturdivant v. State
  84 So. 3d 1044· Fla. 1st DCA· 2010-09-07 ·cited 7×
  In this direct criminal appeal, the court reversed Sturdivant's convictions for first-degree felony murder and aggravated child abuse, finding that the common-law merger doctrine, as interpreted in Brooks v. State, precludes conviction for felony murder when the predicate aggrava
• CBS Broad., Inc. v. Echostar Commc'ns Corp.
  532 F.3d 1294· 11th Cir.· 2008-07-07 ·cited 7×·via Plain Language Interpretation
  The Eleventh Circuit affirmed that EchoStar Communications did not violate a permanent nationwide injunction under the Satellite Home Viewer Act (SHVA) by leasing its satellite transponder to National Programming Service (NPS) to retransmit distant network programming to eligible
• M.D. v. State
  993 So. 2d 1061· Fla. 1st DCA· 2008-06-16 ·cited 7×
  The court held that the trial court erred in denying the state's motion for HIV testing, as the statute should be construed to include offenses under the amended version of section 800.04.
• Martinez v. Citizens Prop. Ins. Corp.
  982 So. 2d 57· Fla. 3d DCA· 2008-04-16 ·cited 7×·via Plain Language Of Insurance Policy
  A homeowner's insurance policy excluded coverage for injuries arising from motor vehicle use or maintenance. When a tenant was injured when a defective concrete driveway collapsed under a parked car, the court held that the injury did not arise out of vehicle use but rather out o