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

• Fisher v. Certain Interested Underwriters AT Lloyds Subscribing TO Contract # 242/99
  930 So. 2d 756· Fla. 4th DCA· 2006-05-10 ·cited 7×
  Homeowners appealed a trial court judgment denying insurance coverage for mold damage to personal property resulting from a water pipe leak. The Fourth District Court of Appeal held that mold damage was a direct physical loss covered under the named-perils personal property cover
• Tiny Treasures Acad. & GET Well Ctr., Inc. v. Stirling Place, Inc.
  916 So. 2d 991· Fla. 4th DCA· 2005-12-28 ·cited 7×·via Plain Language Of Contract
  Tiny Treasures Academy appealed a judgment awarding Stirling Place damages of $25,799.36 for breach of a settlement agreement involving premises damage and lost rent. The Fourth District reversed the award of lost rent damages, holding that the settlement agreement's reference to
• The Cadle Co. v. G & G Assocs.
  737 So. 2d 1136· Fla. 4th DCA· 1999-06-16 ·cited 7×·via Plain Language
  The Cadle Company appealed the trial court's dissolution of a continuing writ of garnishment against Peter Grieco's wages. The Fourth District reversed, holding that Grieco's affidavit claiming the statutory 'head of family' exemption was deficient because it was sworn before a n
• Singletary v. Bullard
  701 So. 2d 590· Fla. 5th DCA· 1997-10-17 ·cited 7×·via Plain Language
  The Florida Court of Appeal reversed a trial court order directing the Department of Corrections to allow an inmate convicted of sexual abuse of a child to have visitation with his minor daughter, holding that the trial court lacked authority to impose such an order absent a prev
• In re SUN Runner Marine, Inc. v. Citibank, N.A.
  945 F.2d 1089· 9th Cir.· 1991-09-23 ·cited 7×
  A flooring agreement that functions as a financial accommodation for the debtor is non-assumable under 11 U.S.C. § 365(c)(2), regardless of the lender's consent.
• Imperial Cas. & Indem. Co. v. Morris and Gertrude Relder
  308 F.2d 761· 8th Cir.· 1962-10-10 ·cited 7×
  An automobile liability insurance policy providing for automatic coverage of after-acquired vehicles is construed to cover such vehicles even if not immediately reported, as long as notice is given within the policy period.
• Fla. Realtors & Fla. Apt. Ass'n, Inc. v. Orange Cnty.
  350 So. 3d 115· Fla. 5th DCA· 2022-10-27 ·cited 6×
  A county ordinance imposing rent controls violates Florida Statutes section 125.0103 and the Florida Constitution when the county fails to establish the existence of a 'housing emergency' that is 'so grave as to constitute a serious menace to the general public' and fails to demo
• Dep't of Hwy. Safety & Motor Vehicles v. Chakrin
  304 So. 3d 822· Fla. 2d DCA· 2020-10-14 ·cited 6×·via Plain Language
  The appellate court reviewed a circuit court's decision to grant a writ of certiorari, which had quashed an administrative order denying a driver's license reinstatement. The appellate court found that the circuit court erred by failing to apply controlling precedent and the plai
• Nabbie v. Orlando Outlet Owner, LLC
  237 So. 3d 463· Fla. 5th DCA· 2018-02-09 ·cited 6×·via Plain Language Of Contract
  Tyrone Nabbie, a guarantor under a commercial guaranty agreement, appeals a summary judgment ruling that he waived the right to demand payment before being required to perform his guaranty obligations. The Fifth District Court of Appeal reversed, holding that the demand requireme
• Morrissey v. United States
  871 F.3d 1260· 11th Cir.· 2017-09-25 ·cited 6×
  Joseph Morrissey, a homosexual man, sought to deduct over $55,000 in expenses for identifying, retaining, and compensating an egg donor and gestational surrogate as medical care under I.R.C. § 213. The Eleventh Circuit held that these expenses do not qualify as deductible medical
• Stevens v. State
  226 So. 3d 787· Fla.· 2017-09-14 ·cited 6×·via Plain Language Of Statute
  The Florida Supreme Court resolved a conflict between district courts regarding whether a defendant charged with first-degree arson is entitled to a jury instruction on second-degree arson when the evidence undisputedly shows the burned structure was a dwelling. The Court held th
• Verandah Dev., LLC v. Gualtieri
  201 So. 3d 654· Fla. 2d DCA· 2016-02-17 ·cited 6×
  Verandah Development appealed a summary judgment ordering immediate refund of a $40,000 membership deposit to the Gualtieris. The court affirmed that Verandah lacked authority to unilaterally amend the refund policy from "one in, one out" to "three in, one out," but reversed the
• Jyrki Tuono Juhani Pulkkinen v. Pulkkinen
  127 So. 3d 738· Fla. 1st DCA· 2013-11-26 ·cited 6×
  The Florida First District Court of Appeal held that the Uniform Interstate Family Support Act (UIFSA) does not conflict with the federal Full Faith and Credit for Child Support Orders Act (FFCCSOA), and therefore a Florida circuit court lacks subject matter jurisdiction to modif
• Demetrice Armicle McNEAL v. State
  109 So. 3d 268· Fla. 1st DCA· 2013-02-28 ·cited 6×
  Under Florida Statute § 90.803(5), a witness's written statement qualifies as past recollection recorded and may be admitted even if the witness cannot testify to its accuracy, provided other evidence establishes it was made when the matter was fresh in the witness's memory and c
• Kuria v. BMLRW, LLLP
  101 So. 3d 425· Fla. 1st DCA· 2012-12-05 ·cited 6×
  The Florida First District Court of Appeal affirmed a summary judgment dismissing a negligence action brought by the estate of a man killed while committing felonies at an apartment complex, holding that section 768.075(4), Florida Statute, shields property owners from liability
• Boca Airport, Inc. v. Fla. Dep't OF Revenue
  56 So. 3d 140· Fla. 4th DCA· 2011-03-16 ·cited 6×·via Plain Language Of Statute
  Fixed Base Operators leasing government-owned airport properties sought exemption from intangible personal property tax under Chapter 196's governmental purpose exemption. The court held that while their leasehold interests qualify for ad valorem tax exemption under Chapter 196,
• Wolf v. Progressive Am. Ins. Co.
  34 So. 3d 81· Fla. 1st DCA· 2010-03-31 ·cited 6×·via Plain Language Interpretation
  The court affirmed a summary judgment denying uninsured motorist benefits to an insured who had rejected UM coverage and died in a motorcycle accident caused by an uninsured driver. The court held that Florida Statute 627.727(1) requires insurers to provide notice of UM coverage
• Barrington v. Gryphon Invs., Inc.
  32 So. 3d 668· Fla. 2d DCA· 2010-03-12 ·cited 6×·via Plain Language Of Contract
  Real estate agents appealed summary judgment in favor of their brokerage on a dispute over post-termination commission deductions. The court reversed, finding a latent ambiguity in the contract's 25% commission retention clause based on evidence the brokerage had not consistently
• Corey v. Corey
  29 So. 3d 315· Fla. 3d DCA· 2009-12-30 ·cited 6×·via Plain Language
  In this custody dissolution case, the Third District Court of Appeal reversed the trial court's award of primary residential custody to the mother, holding that Florida law does not impose a presumption against rotating custody as of the 1997 statutory enactment of section 61.121
• First Specialty Ins. Co. v. Caliber ONE Indem. Co.
  988 So. 2d 708· Fla. 2d DCA· 2008-08-15 ·cited 6×
  First Specialty Insurance Company appeals a summary judgment finding that professional liability insurance policies issued by First Specialty and Caliber One provided coverage for punitive damages and attorneys' fees awarded against their insureds in a wrongful death action. The
• Advisory Opinion to the Governor re Judicial Vacancy Due to Mandatory Retirement
  940 So. 2d 1090· Fla.· 2006-09-15 ·cited 6×
  The Florida Supreme Court issued an advisory opinion addressing when a judicial vacancy occurs due to mandatory retirement under Article V of the Florida Constitution. The Court held that a vacancy in a merit retention judge's office occurs upon the expiration of the judge's term
• Fugate v. Fla. Elections Comm'n
  924 So. 2d 74· Fla. 1st DCA· 2006-02-23 ·cited 6×·via Plain Language
  The Florida Elections Commission violated administrative law by applying the statutory definition of "willful" from Chapter 106 to alleged violations of Chapter 104, and by rejecting the Administrative Law Judge's factual finding that the appellant's campaign letter violated the
• Fettler v. State
  885 So. 2d 411· Fla. 1st DCA· 2004-10-15 ·cited 6×·via Plain Language Interpretation
  Jonathan Fettler appeals his probation revocation sentence, arguing he was entitled to jail credit for all time previously served in prison, not just time served in boot camp. The court reversed and remanded, holding that under Florida's youthful offender statutes, defendants are
• Bautista v. Star Cruises
  286 F. Supp. 2d 1352· S.D. Fla.· 2003-10-14 ·cited 6×
  The court held that the Federal Arbitration Act's seamen exemption does not apply to the Convention Act, and that the arbitration agreements at issue are enforceable under the Convention Act.
• Santiago v. State
  847 So. 2d 1060· Fla. 2d DCA· 2003-06-11 ·cited 6×
  The court held that the aggravated fleeing statute requires the defendant to be leaving the scene of an accident, not a shooting, and reversed that conviction. The court affirmed other convictions.
• K. H. v. State
  821 So. 2d 1202· Fla. 5th DCA· 2002-07-26 ·cited 6×·via Plain Language Of Statute
  K.H., a juvenile, was ordered to submit DNA blood samples as a condition of community control following a plea to burglary and alcohol possession charges. The Fifth District Court of Appeal reversed this requirement, holding that the DNA statute (section 943.325, Fla. Stat. 2000)
• Zlinkoff v. VON Aldenbruck
  765 So. 2d 840· Fla. 4th DCA· 2000-08-16 ·cited 6×·via Plain Language
  Zlinkoff purchased a condominium at a foreclosure sale and was later sued by Von Aldenbruck, the holder of a mortgage on the property. The court reversed the judgment in favor of Von Aldenbruck, holding that the foreclosure action was barred by Florida's statutory five-year limit
• Nationwide Mut. Fire Ins. Co. v. Se. Diagnostics, Inc.
  766 So. 2d 229· Fla. 4th DCA· 2000-02-02 ·cited 6×
  An insurer is not required by section 627.736(7)(a), Florida Statutes, to obtain a medical report based upon a physical examination of an insured before withdrawing personal injury protection benefits; the statute requires only a report from a licensed physician stating that trea
• C.R.C. and C.A.C. v. Portesy
  731 So. 2d 770· Fla. 2d DCA· 1999-04-09 ·cited 6×
  The court held that the Risk Assessment Instrument (RAI) should not score ten points for burglary of an unoccupied dwelling, as the term 'occupied residential structure' requires the dwelling to be occupied.
• Showell Farms & Helmsman Mgmt. Servs. c/o Liberty Mut. Ins. Co. v. Dessie Carter
  633 So. 2d 477· Fla. 1st DCA· 1994-02-23 ·cited 6×·via Plain Language
  Showell Farms and Helmsman Management Services appealed a workers' compensation award to Dessie Carter for benefits following traumatic amputation of both her thumbs in a workplace accident. The court affirmed the award of enhanced temporary total disability benefits, permanent t
• Chapman v. Powermatic, Inc.
  969 F.2d 160· 5th Cir.· 1992-08-26 ·cited 6×
  The court held that a defendant's notice of removal is timely if filed within thirty days of receiving an 'other paper' that reveals removability, provided that 'other paper' is received after the initial pleading.
• United States v. Zaida Rodriguez
  961 F.2d 1089· 3d Cir.· 1992-04-17 ·cited 6×·via Plain Language Of Statute
  The court held that the schoolyard provision of federal drug laws applies to a defendant who possesses drugs within 1,000 feet of a school with the intent to distribute those drugs at any location, not just within 1,000 feet of a school.
• United States v. Tamez
  941 F.2d 770· 9th Cir.· 1991-07-30 ·cited 6×·via Plain Language Of Statute
  The court held that 21 U.S.C. § 856(a)(2) applies to knowingly making a building available for drug distribution, not just 'crack houses,' and that co-conspirator statements were properly admitted. However, the court reversed the sentencing enhancement for being an organizer.
• United States v. Leemunth Peter John
  935 F.2d 644· 4th Cir.· 1991-06-04 ·cited 6×
  The dissenting judge would hold that the obstruction of justice guideline does not encompass flight or resisting arrest and would remand for resentencing.
• Nicklos Drilling Co. & Compass Ins. Co. v. Cowart
  927 F.2d 828· 5th Cir.· 1991-03-29 ·cited 6×
  The court held that section 33 of the LHWCA requires prior written approval for settlements with third parties regardless of whether the employer or its carrier is actively paying LHWCA benefits at the time of settlement.
• Coatings Mfrs., Inc. v. DPI, Inc.
  926 F.2d 474· 5th Cir.· 1991-03-18 ·cited 6×
  The court held that Mississippi law, as interpreted by analogy to similar statutes, does not permit suppliers of rental equipment to utilize the stop payment notice statute.
• Self v. State
  504 So. 2d 810· Fla. 2d DCA· 1987-04-03 ·cited 6×·via Plain Language Of Statute
  Stephen Self was convicted of a second DUI offense within three years and received a mandatory minimum jail sentence. Self sought credit against this sentence for time served in a voluntary alcohol rehabilitation program. The court held that credit for time served can only be app
• Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. Goudy
  777 F.2d 1122· 6th Cir.· 1985-11-26 ·cited 6×·via Plain Language Of Statute
  HEW's 'initial determination of eligibility' under Section 435(a)(2)(A) of the Black Lung Benefits Act is not a final adjudication binding on the Department of Labor, but rather an initial step subject to further evaluation under Part C of the Act.
• Harry Lewis and the Portland Gray Panthers v. Hegstrom
  767 F.2d 1371· 9th Cir.· 1985-08-08 ·cited 6×·via Plain Language Interpretation
  The court held that Oregon's administrative rule calculating the period of Medicaid ineligibility for home transfers is consistent with federal law, despite the district court's contrary finding.
• United States v. Tyson
  690 F.2d 9· 1st Cir.· 1982-09-29 ·cited 6×·via Plain Language Of Statute
  The court held that a valid check with a forged countersignature does not constitute a "falsely made, forged, altered, or counterfeited security" under paragraph three of 18 U.S.C. § 2314.
• Merri L. Burt and Randall T. Burt, Sr. v. State Farm Mut. Auto. Ins. Co.
  383 So. 2d 966· Fla. 1st DCA· 1980-05-22 ·cited 6×
  The court held that Florida's anti-stacking statute permits an injured insured to combine uninsured motorist coverage from two separate insurance policies issued to different named insureds (the insured and the insured's father). The court reversed the trial court's dismissal, fi
• Pavlik v. Consolidation Coal Co., Inc.
  456 F.2d 378· 6th Cir.· 1972-02-23 ·cited 6×
  The dissenting judge would affirm the lower court's judgment.
• Schmidt v. State
  310 So. 3d 135· Fla. 1st DCA· 2020-12-30 ·cited 5×
  The appellate court affirmed a trial court's decision to revoke probation and sentence a defendant to jail. The defendant argued he should have been sentenced under a statute allowing modification or continuation of probation for low-risk technical violations, but the court found
• Aleman v. Gervas
  314 So. 3d 350· Fla. 3d DCA· 2020-10-21 ·cited 5×·via Plain Language Of Contract
  This case involves a breach of contract dispute where the appellant argued the trial court misinterpreted a contractual provision regarding payment obligations. The appellate court affirmed the trial court's decision, finding the interpretation of the contract language was reason
• City of Fla. City v. Pub. Risk Mgmt. of Fla.
  307 So. 3d 135· Fla. 3d DCA· 2020-07-22 ·cited 5×
  The City of Florida City appealed two summary judgments. The first denied coverage under its risk management program for a claim predating its membership. The second denied the City standing to sue its reinsurer. The appellate court affirmed both judgments.
• Cabezas v. Richard Corcoran as the Commissioner of Education
  293 So. 3d 602· Fla. 1st DCA· 2020-04-07 ·cited 5×
  The appellate court affirmed the Education Practices Commission's (EPC) order permanently revoking an educator's certificate. The educator argued he was denied due process by not receiving a formal hearing and that the EPC lacked authority because his conviction was on appeal, bu
• Fla. Retail Fed'n, Inc. v. The City of Coral Gables
  282 So. 3d 889· Fla. 3d DCA· 2019-08-14 ·cited 5×
  The appellate court reversed a lower court's decision that found three state statutes unconstitutional and a city ordinance valid. The court held that the state statutes were constitutional and expressly preempted the city's ordinance banning polystyrene containers.
• Sanabria v. Sanabria
  271 So. 3d 1101· Fla. 3d DCA· 2019-02-20 ·cited 5×·via Plain Language Of Statute
  Frank Sanabria appeals from an order granting his ex-wife's petition to relocate with their two minor children from Miami to Huntsville, Alabama. The central issue is whether the statutory presumption that relocation is in the children's best interests under Florida Statute § 61.
• Haggin v. Allstate Invs., Inc.
  264 So. 3d 951· Fla. 4th DCA· 2019-01-16 ·cited 5×
  A landlord sued a guarantor for unpaid rent after a commercial lease was modified multiple times over 14 years, increasing from 1,400 to 2,720 square feet with rent rising to $5,428 monthly. The court reversed the trial court's summary judgment for the landlord, holding that the
• Kenney v. Goff
  259 So. 3d 140· Fla. 4th DCA· 2018-12-12 ·cited 5×·via Plain Language Of Contract
  Former wife Cheryl Ann Kenney appeals a post-judgment order that characterized a $360,000 lump sum payment as equitable distribution rather than spousal support. The trial court's classification affected the characterization of the obligation in the parties' marital settlement ag