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

• Braine v. State
  255 So. 3d 470· Fla. 2d DCA· 2018-09-14 ·cited 5×
  James William Braine appealed the trial court's refusal to withhold adjudication on his third-degree felony conviction for aggravated assault, challenging the court's interpretation of Florida Statute section 775.08435(1). The central issue was whether the statute's prohibition o
• State v. Carrier
  240 So. 3d 852· Fla. 2d DCA· 2018-03-09 ·cited 5×·via Plain Language
  The State appeals the trial court's dismissal of charges against Christopher and Wendy Carrier for forging and altering animal health certificates under Florida Statute § 585.145(3). The trial court found the statute unconstitutionally vague and violative of substantive due proce
• Straitiff v. State
  228 So. 3d 1173· Fla. 5th DCA· 2017-10-13 ·cited 5×·via Plain Language
  A petitioner convicted of soliciting a minor via the internet and traveling to meet that minor seeks habeas corpus relief to vacate his solicitation conviction as a double jeopardy violation. The Florida Supreme Court's decision in State v. Shelley established that dual convictio
• Dep't OF Transp. v. United Cap. Funding Corp.
  219 So. 3d 126· Fla. 2d DCA· 2017-04-28 ·cited 5×·via Plain Language
  The Florida Department of Transportation appealed a summary judgment requiring it to pay United Capital Funding Corp., the assignee of accounts receivable originally owed to vendor Arbor One, despite the DOT's continued payment to Arbor One after notice of assignment. The court h
• Wells Fargo Bank, N.A. v. Pruco Life Ins. Co.
  200 So. 3d 1202· Fla.· 2016-09-22 ·cited 5×·via Plain Language
  The Florida Supreme Court addresses whether life insurance policies procured through stranger-originated life insurance (STOLI) schemes can be challenged as void for lack of insurable interest after the two-year contestability period expires. The Court holds that such policies be
• State v. Burt
  183 So. 3d 1117· Fla. 5th DCA· 2015-07-17 ·cited 5×·via Plain Language
  The State appealed a trial court's downward departure sentence for a defendant convicted of DUI and careless operation causing serious bodily injury. The appellate court reversed, holding that the trial court's finding that the offenses were isolated incidents was factually unsup
• JAX Utils. Mgmt., Inc. v. Hancock Bank
  164 So. 3d 1266· Fla. 1st DCA· 2015-06-11 ·cited 5×·via Plain Language
  Jax Utilities Management challenged a summary judgment in favor of Hancock Bank, arguing the trial court erred in applying a one-year statute of limitations to bar its equitable lien claim and in finding that Florida's Construction Lien Law precluded common law claims for equitab
• Thrivent Fin. FOR Lutherans v. State
  145 So. 3d 178· Fla. 1st DCA· 2014-08-05 ·cited 5×
  Thrivent Financial appealed a declaratory statement from the Florida Department of Financial Services interpreting when life insurance funds become "due and payable" under the Disposition of Unclaimed Property Act. The court reversed, holding that funds become due and payable whe
• Rolison v. Rolison
  144 So. 3d 610· Fla. 1st DCA· 2014-08-01 ·cited 5×·via Plain Language
  The court held that Florida's relocation statute does not apply when a parent moves with the children before a dissolution petition is filed.
• State v. Brock
  138 So. 3d 1060· Fla. 4th DCA· 2014-04-30 ·cited 5×
  The court held that section 440.105(4)(b)9, Florida Statutes, prohibits presenting false identification to obtain employment, regardless of whether the intent was to secure workers' compensation benefits.
• Debrah Gadol v. Masoret Yehudit
  132 So. 3d 939· Fla. 1st DCA· 2014-02-21 ·cited 5×·via Plain Language Of Statute
  The court held that the Judge of Compensation Claims (JCC) erred in interpreting section 440.13(2)(f) to allow the Employer/Carrier to select the replacement physician when they failed to authorize one within five days of the claimant's request.
• Zafar Nawaz v. Universal Prop. & Cas. Ins. Co.
  91 So. 3d 187· Fla. 4th DCA· 2012-06-13 ·cited 5×
  The insurance policy's plain language does not prohibit the insured from having their public adjuster present during an examination under oath.
• Wendt v. LA Costa Beach Resort Condo. Ass'n, Inc.
  64 So. 3d 1228· Fla.· 2011-06-09 ·cited 5×·via Plain Language
  The Florida Supreme Court held that section 607.0850 authorizes corporate directors to seek indemnification from their corporation for expenses incurred in defending the corporation's own lawsuit against them, resolving a conflict between the Fourth and First District Courts of A
• City OF ST. Petersburg & City of St. Petersburg Police Pension Bd. of Trs. v. Remia
  41 So. 3d 322· Fla. 2d DCA· 2010-07-16 ·cited 5×
  The City of St. Petersburg appealed a summary judgment requiring it to refund contributions to former police officers who left service before vesting in the pension fund. The court affirmed, holding that Florida Statute § 185.19 creates a mandatory entitlement to refunds that is
• B.O. v. State
  25 So. 3d 586· Fla. 4th DCA· 2009-11-25 ·cited 5×·via Plain Language
  A juvenile was charged with grand theft of firearms but not alleged to have possessed or used a firearm during the theft. The trial court imposed a mandatory 15-day secure detention enhancement under Florida's firearm enhancement statute. The court reversed, holding that due proc
• James D. Hinson Elec. Contracting Co. v. BellSouth Telecomms., Inc.
  642 F. Supp. 2d 1318· M.D. Fla.· 2009-07-13 ·cited 5×
  The Florida Underground Facility Damage Prevention Act does not provide BellSouth with additional remedies beyond common law for damages. Genuine issues of material fact preclude summary judgment on BellSouth's affirmative defenses and Hinson's claims.
• Johnston v. Sharron Myers Johnston
  979 So. 2d 337· Fla. 1st DCA· 2008-04-03 ·cited 5×
  A former husband sought to disestablish paternity and terminate child support obligations based on newly discovered evidence that he is not the biological father of a child born during his marriage. The trial court dismissed the petition under prior case law holding that a final
• State v. Leukel
  979 So. 2d 292· Fla. 5th DCA· 2008-02-29 ·cited 5×
  Florida challenged a circuit court order admitting a defendant into a pretrial drug court program when the defendant was not charged with one of the specific crimes enumerated in section 948.08(6)(a). The appellate court held that the statute's enumerated list of eligible offense
• Penzer v. Transp. Ins.
  509 F. Supp. 2d 1278· S.D. Fla.· 2007-07-16 ·cited 5×
  Under Florida law, the transmission of unsolicited commercial advertisements by facsimile does not constitute an "oral or written publication of material that violates a person’s right to privacy" under a commercial liability policy's advertising injury provision, as the policy r
• Crouch v. Pub. Serv. Comm'n
  913 So. 2d 111· Fla. 1st DCA· 2005-10-26 ·cited 5×·via Plain Language Of Statute
  The court held that verbal complaints to supervisory officials do not satisfy the written complaint requirement of the Florida Whistle-blower's Act.
• White v. Purdue Pharma, Inc.
  369 F. Supp. 2d 1335· M.D. Fla.· 2005-01-26 ·cited 5×·via Plain Language
  To establish a prima facie case under Florida's private sector Whistleblower Act (FWA), a plaintiff must prove that the activity they objected to or refused to participate in was an actual violation of a law, rule, or regulation, not merely that they reasonably believed it was.
• State v. Crews
  884 So. 2d 1139· Fla. 2d DCA· 2004-10-27 ·cited 5×
  The State appeals Jerome Crews' sentencing for delivery of cocaine within 1000 feet of a school, arguing the trial court violated Florida law by imposing only 18 months imprisonment instead of the mandatory 3-year minimum. The appellate court agrees, holding that section 893.13(1
• Bruner v. GC-GW, Inc.
  880 So. 2d 1244· Fla. 1st DCA· 2004-08-30 ·cited 5×·via Plain Language
  The Florida First District Court of Appeal holds that section 440.205, Florida Statutes, provides a civil cause of action for wrongful discharge when an employer fires an employee for having filed a workers' compensation claim against a previous employer. This reverses the trial
• State v. Kemper Invs. Life Ins. Co.
  660 So. 2d 1124· Fla. 1st DCA· 1995-09-05 ·cited 5×
  The Florida Department of Revenue appealed a summary judgment awarding Kemper Investors Life Insurance Company a tax refund after an audit assessed corporate income and emergency excise tax deficiencies. The court affirmed the refund of the principal tax amount but reversed on th
• Citizens OF the State OF Fla. v. Wilson
  568 So. 2d 1267· Fla.· 1990-10-18 ·cited 5×·via Plain Language
  The Florida Supreme Court upheld the Public Service Commission's denial of a petition to order United Telephone Company to refund 1988 tax savings to customers. The Court held that the PSC reasonably determined that a prior 1987 access charge reduction had already disposed of the
• United States v. Phelps
  895 F.2d 1281· 9th Cir.· 1990-02-13 ·cited 5×
  The panel's reversal of the defendant's conviction under 18 U.S.C. § 924(c)(1) was erroneous. The statute's plain language and legislative history demonstrate that the phrase "in relation to" is broad and encompasses the defendant's conduct, where a modified automatic weapon was
• Clerk v. Pasco Cnty.
  386 So. 3d 224· Fla. 2d DCA· 2024-01-17 ·cited 4×
  Pasco County is obligated to fund the multiagency criminal justice information system including replacements of hardware and software, as the statutory definition of 'existing multiagency criminal justice information systems' encompasses upgrades and maintenance of current equipm
• Prop. Registration Champions, LLC v. Mulberry
  373 So. 3d 675· Fla. 5th DCA· 2023-11-13 ·cited 4×
  The forum selection clause in the employment agreement was mandatory and unambiguous, requiring all litigation arising out of or relating to the agreement to be brought in Delaware courts. Mulberry was therefore required to file his suit in Delaware, not Florida.
• Retherford v. Kirkland
  363 So. 3d 132· Fla. 1st DCA· 2023-06-14 ·cited 4×·via Plain Language
  The appellate court reversed a trial court's decision to quash service of process, finding that the defendant waived the defense of improper service by failing to raise it in his initial motion to dismiss. The court emphasized the plain language of the rule requiring consolidatio
• KRG Oldsmar Project Co., LLC v. CWI, Inc.
  358 So. 3d 464· Fla. 2d DCA· 2023-03-22 ·cited 4×·via Plain Language Of Contract
  This case involves the interpretation of a commercial lease. The appellate court disagreed with the trial court's interpretation, finding that the tenant's early closure of its store constituted a default under the lease, contrary to the trial court's ruling.
• THE Residences at the Bath Club Condo. Ass'n, Inc. v. Bath Club Ent., LLC
  355 So. 3d 990· Fla. 3d DCA· 2023-02-01 ·cited 4×
  Paragraph 5 of the 2010 Settlement Agreement is unambiguous and clearly reserves to BCE perpetual ownership rights in any upland areas necessary to maintain its beach concession licenses. The trial court properly reformed the 2013 special warranty deed by mutual mistake to reserv
• 814 Prop. Holdings, LLC v. NEW Birth Baptist Church Cathedral of Faith Int'l, Inc.
  344 So. 3d 535· Fla. 3d DCA· 2022-06-29 ·cited 4×·via Plain Language Of Contract
  A purchase option clause in a condominium declaration is an unreasonable restraint on alienation and therefore unenforceable when it imposes a fixed price with indefinite duration, as such terms constrain the development and marketability of the property.
• Miracle Health Servs., Inc. v. Progressive Select Ins. Co.
  326 So. 3d 109· Fla. 3d DCA· 2021-07-14 ·cited 4×
  Miracle Health Services appeals summary judgment denying PIP benefits to an insured who failed to attend required examinations under oath (EUOs). The Third District Court of Appeal affirmed, holding that compliance with the EUO requirement is a condition precedent to receiving be
• Clay v. Commissioner of Internal Revenue
  990 F.3d 1296· 11th Cir.· 2021-03-16 ·cited 4×
  Per capita payments from a tribal casino are taxable income and are not exempt under the Miccosukee Settlement Act or as lease payments, as no exemption was clearly expressed.
• Alfaro-Garcia v. U.S. Attorney General
  981 F.3d 978· 11th Cir.· 2020-11-30 ·cited 4×·via Plain Language Of Statute
  The court held that 8 U.S.C. § 1231(a)(5) unambiguously bars the reopening of a reinstated removal order when an alien illegally reenters the United States after being removed, thereby forfeiting the right to file a motion to reopen under 8 U.S.C. § 1229a(c)(7).
• Laurel Kelly v. Green Tree Servicing, LLC.
  300 So. 3d 244· Fla. 4th DCA· 2020-07-29 ·cited 4×
  A tax lien under section 197.122(1), Florida Statutes, is a first lien superior to other liens only on the specific property against which the taxes have been assessed. Because the taxes were assessed against Martin County property and not the St. Lucie County property, the tax l
• Thomas v. State
  286 So. 3d 884· Fla. 2d DCA· 2019-12-11 ·cited 4×·via Plain Language
  The appellate court reversed a defendant's sentence because a mandatory minimum term of imprisonment was added to his written sentence without his presence, violating his due process rights. The court affirmed the conviction but remanded for resentencing.
• Maloy v. Seminole Cnty.
  264 So. 3d 370· Fla. 5th DCA· 2019-02-15 ·cited 4×
  The appellate court affirmed a lower court's decision to issue a writ of mandamus, compelling the County Clerk to invest county surplus funds according to the Board of County Commissioners' investment policy. The court clarified that while the Clerk is the custodian of funds, the
• State v. I.J.
  258 So. 3d 473· Fla. 4th DCA· 2018-11-07 ·cited 4×
  Section 790.22(9)(a) requires a mandatory fifteen-day secure detention enhancement for a juvenile convicted of an offense involving the use or possession of a firearm based on the nature of the offense charged, not on whether the individual defendant personally used or possessed
• State Farm Mut. Auto. Ins. Co. v. Marielle Lyde
  267 So. 3d 453· Fla. 2d DCA· 2018-10-05 ·cited 4×·via Plain Language Of Insurance Policy
  The mother's insurance policy contained an unambiguous exclusion that precluded UM coverage for the daughter when she was injured while occupying her own vehicle rather than the mother's vehicle, and this exclusion complied with § 627.727(9). The provision titled 'If Other Uninsu
• State v. Pena
  247 So. 3d 61· Fla. 3d DCA· 2018-05-09 ·cited 4×·via Plain Language Of Statute
  A license plate frame that obscures the word "Florida" violates Florida Statute § 316.605(1) (2015), providing probable cause for a traffic stop. The prior precedent in State v. St. Jean, which addressed an earlier version of the statute, does not apply to the amended 2015 versio
• Ganzemuller v. Omega Ins. Co.
  244 So. 3d 1189· Fla. 2d DCA· 2018-04-27 ·cited 4×
  Sections 627.702(7) and 627.7011(5)(e) of the Florida Statutes prohibit an insurer from requiring contribution from an insured only when the insurer repairs a total loss, not when repairing partial losses. Therefore, an insurer may require payment of a deductible when it elects t
• Salinas v. Ramsey
  234 So. 3d 569· Fla.· 2018-01-25 ·cited 4×
  Post-judgment discovery for collecting a federal money judgment issued by a federal court in Florida may be compelled within twenty years of the judgment's entry, not limited by the five-year statute of limitations for actions on judgments under Florida Statutes § 95.11(2)(a).
• Bush v. Whitney Bank
  219 So. 3d 257· Fla. 5th DCA· 2017-05-19 ·cited 4×
  A borrower appealed a breach of contract judgment in favor of Whitney Bank, arguing that the bank's action to recover a deficiency following a short sale was barred by a one-year statute of limitations. The court affirmed, holding that the one-year limitations period in section 9
• Durousseau v. State
  218 So. 3d 405· Fla.· 2017-01-31 ·cited 4×·via Plain Language
  Paul Durousseau appealed the denial of his postconviction motion challenging his death sentence for first-degree murder. The Florida Supreme Court affirmed the denial of his ineffective assistance of counsel claims regarding voir dire but vacated his death sentence and remanded f
• J.A.W. v. State
  210 So. 3d 142· Fla. 2d DCA· 2016-09-28 ·cited 4×
  J.A.W., a juvenile, posted threatening tweets about shooting up his school on public Twitter. The court reversed his delinquency disposition for written threats under Florida Statute 836.10, holding that the statute requires threats be sent directly to the victim or their family
• Alfred Ivan Murciano, M.D. v. State
  208 So. 3d 130· Fla. 3d DCA· 2016-08-31 ·cited 4×·via Plain Language Of Statute
  Dr. Murciano appeals an AHCA order requiring repayment of $1.27 million in alleged Medicaid overpayments. The central issue is whether Dr. O'Hern, the peer reviewer, satisfied the statutory definition of 'peer' under Florida law. The court holds that AHCA correctly interpreted th
• Jones v. Miami Herald Media Co.
  198 So. 3d 1143· Fla. 1st DCA· 2016-08-29 ·cited 4×·via Plain Language
  The Florida Department of Corrections appealed an order requiring it to identify, on a redaction-by-redaction basis, the statutory exemption for each redaction in public records. The appellate court reversed, holding that the Public Records Act requires only record-by-record iden
• Williams v. State
  189 So. 3d 288· Fla. 1st DCA· 2016-04-12 ·cited 4×·via Plain Language Of Statute
  Tyrone Williams appealed the denial of his motion to correct an illegal sentence, arguing that his life sentence as a dangerous sexual felony offender (DSFO) for a second-degree sexual battery conviction violated Florida law. The First District affirmed the sentence, holding that
• State Farm Mut. Auto. Ins. Co. v. Delray Med. Ctr., Inc.
  178 So. 3d 511· Fla. 4th DCA· 2015-11-04 ·cited 4×·via Plain Language Of Statute
  State Farm appealed the trial court's denial of its petition seeking discovery from Delray Medical Center regarding the reasonableness of PIP charges. The Fourth DCA affirmed, holding that discovery under Florida's PIP statute is limited to facts about the injured person's treatm