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

• Sch. Bd. OF LEE Cnty. & Johns E. Co., Inc. v. Leila Huben
  165 So. 3d 865· Fla. 1st DCA· 2015-06-22 ·cited 4×·via Plain Language
  The court held that temporary total disability benefits for a psychiatric injury are strictly limited to six months after the date of maximum medical improvement for the physical injury, regardless of when the psychiatric condition becomes compensable.
• J.R. v. Palmer
  175 So. 3d 710· Fla.· 2015-05-14 ·cited 4×·via Plain Language Of Statute
  The Florida Supreme Court addresses certified questions from the Eleventh Circuit regarding statutory protections for developmentally disabled individuals involuntarily admitted to residential services under chapter 393. The Court holds that support plan review does not require c
• Morales v. Zenith Ins. Co.
  152 So. 3d 557· Fla.· 2014-12-04 ·cited 4×·via Plain Language Of Insurance Policy
  The Florida Supreme Court answered three certified questions regarding whether an employee's estate could recover a tort judgment against an employer's liability insurer. The Court held that while the estate has standing to sue the insurer, both the workers' compensation exclusio
• Caceres v. Sedano's Supermarkets & Johns E. Co., Inc.
  138 So. 3d 1224· Fla. 1st DCA· 2014-06-03 ·cited 4×·via Plain Language
  A Florida workers' compensation claimant appealed a judge's order denying his injury claim based on a late report of injury. The appellate court reversed, holding that the trial judge misinterpreted the reporting statute by failing to consider the "date of injury" (last date of e
• Browning v. Poirier
  128 So. 3d 144· Fla. 5th DCA· 2013-11-08 ·cited 4×·via Plain Language
  Howard Browning appealed a directed verdict dismissing his claims against Lynn Anne Poirier for breach of an oral lottery-sharing agreement and unjust enrichment. The Florida appellate court affirmed the directed verdict on the oral contract claim under the statute of frauds but
• Gabriele v. Sch. Bd. OF Manatee Cnty.
  114 So. 3d 477· Fla. 2d DCA· 2013-06-07 ·cited 4×·via Plain Language
  Michelle Gabriele, a teacher employed under a professional service contract, appeals the School Board of Manatee County's final order suspending her for fifteen days without pay and returning her to annual contract status. The court holds that the School Board lacked statutory au
• Bleich v. Chicago Title Ins. Co.
  117 So. 3d 1163· Fla. 3d DCA· 2013-06-05 ·cited 4×
  The court held that the plain language of the regulation requires both a prior owner's policy and retention of copies by the agent and underwriter to qualify for a lower reissue rate.
• Tambriz-Ramirez v. State
  112 So. 3d 767· Fla. 4th DCA· 2013-05-15 ·cited 4×·via Plain Language
  Diego Tambriz-Ramirez appealed his convictions for burglary with battery, aggravated assault, and attempted sexual battery with a deadly weapon, challenging his sentences and the trial court's handling of expert witness testimony. The appellate court affirmed the convictions but
• Debary Real Est. Holdings, LLC v. State
  112 So. 3d 157· Fla. 1st DCA· 2013-05-10 ·cited 4×·via Plain Language Of Statute
  This case addresses whether Florida's chapter 2009-170, section 6, which allows jai-alai permit holders to convert to greyhound racing permits under specific criteria, is a constitutionally valid general law or an unconstitutional special law. The appellate court held that the st
• Risco USA Corp. & Travelers Indem. Co. of Ct. v. Alexander
  91 So. 3d 870· Fla. 1st DCA· 2012-05-15 ·cited 4×
  In this workers' compensation appeal, the court reversed the Judge of Compensation Claims' decision that a claimant had not settled his workers' compensation claim. The court held that when a represented claimant signs a broad separation agreement releasing all claims arising fro
• Graves v. City OF Pompano Beach
  74 So. 3d 595· Fla. 4th DCA· 2011-11-23 ·cited 4×
  Citizens challenged a city's approval of a revised plat for Pompano Park Racino, claiming it violated the city's comprehensive plan by allowing intensive commercial uses inconsistent with the plan's recreational focus. The court reversed the dismissal, holding that plat approvals
• Am. Empire Surplus Lines Ins. v. Chabad House of N. Dade, Inc.
  771 F. Supp. 2d 1336· S.D. Fla.· 2011-03-21 ·cited 4×
  The court held that the abuse or molestation exclusion bars coverage, but the designated premises endorsement creates ambiguity that must be construed in favor of the insured.
• DE LA Mora v. Andonie
  51 So. 3d 517· Fla. 3d DCA· 2010-12-15 ·cited 4×·via Plain Language Interpretation
  Foreign nationals with temporary U.S. visas sought a homestead tax exemption for their Miami-Dade County property based on their three U.S.-citizen minor children's permanent residence there. The court affirmed the exemption, holding that Florida's constitutional homestead provis
• Sink v. E. Coast Pub. Adjusters, Inc.
  40 So. 3d 910· Fla. 3d DCA· 2010-07-28 ·cited 4×
  Public adjusters challenged the constitutionality of Florida statutes limiting their contact timing and fee caps, filing suit in Miami-Dade County. The state moved to transfer venue to Leon County under the home venue privilege rule, and the appellate court reversed the trial cou
• Keenan Hopkins Schmidt & Stowell Contractors, Inc. v. Cont'l Cas. Co.
  653 F. Supp. 2d 1255· M.D. Fla.· 2009-09-01 ·cited 4×·via Plain Language Of Contract
  The court held that the Continental policy provided only excess coverage, and because the primary insurers' policy limits were not exhausted, Continental had no duty to indemnify or defend. Additionally, the court found the claims barred by the 'known and continuing loss' provisi
• Kelly v. State
  964 So. 2d 135· Fla.· 2007-06-28 ·cited 4×·via Plain Language
  Kelly was convicted of trafficking in cocaine and conspiracy to traffic in cocaine. He claimed ineffective assistance of counsel because his attorney allegedly misadvised him that he faced a thirty-year mandatory minimum sentence (two consecutive fifteen-year terms), when case la
• Roman Fedo, Inc. v. Dep't of Hwy. Safety & Motor Vehicles
  889 So. 2d 179· Fla. 4th DCA· 2004-12-15 ·cited 4×·via Plain Language
  Roman Fedo, Inc., a motor vehicle dealership, appeals an administrative order requiring its 50% shareholder Fedo to divest his stock after his felony drug conviction. The Fourth District affirmed, holding that Florida law prohibits convicted felons from maintaining any financial
• Dorelien v. U.S. Attorney General
  317 F.3d 1314· 11th Cir.· 2003-01-13 ·cited 4×
  The dissenting judge argues that the Eleventh Circuit's prior decision in Weng v. U.S. Atty. Gen., which applied the "clear and convincing evidence" standard of 8 U.S.C. § 1252(f)(2) to temporary stay orders pending appeal, was wrongly decided. The dissent contends that the plain
• Access Now, Inc. v. Sw. Airlines
  227 F. Supp. 2d 1312· S.D. Fla.· 2002-10-18 ·cited 4×·via Plain Language Of Statute
  The court held that an internet website is not a 'place of public accommodation' under Title III of the ADA because it is not a physical, concrete structure and lacks a nexus to such a place.
• State v. Jones
  764 So. 2d 655· Fla. 1st DCA· 2000-05-15 ·cited 4×
  The court held that the statute does not require each member of the multidisciplinary team to conduct an independent clinical evaluation of the respondent, only that the team include qualified professionals.
• Crosby v. State
  757 So. 2d 584· Fla. 2d DCA· 2000-05-10 ·cited 4×·via Plain Language Interpretation
  Karl Crosby appeals his conviction for 68 counts of simple possession of child pornography, challenging the propriety of multiple counts based on duplicate images. The Florida Second District Court of Appeal affirms, clarifying that under section 827.071(5), each separate possess
• Glenn v. State
  753 So. 2d 669· Fla. 2d DCA· 2000-03-10 ·cited 4×·via Plain Language Of Statute
  Trafficking in stolen property is a general intent crime, not a specific intent crime, and therefore the defense of voluntary intoxication is not available for that charge.
• Dep't OF Transp. v. Jack's Quick Cash, Inc.
  748 So. 2d 1049· Fla. 5th DCA· 1999-11-19 ·cited 4×·via Plain Language
  The Department of Transportation appealed a cost award in an eminent domain proceeding, challenging the trial court's award of expert witness fees incurred by the landowner in support of an unsuccessful business damage claim. The Fifth District Court of Appeal reversed, holding t
• Se. Med. Prods., Inc. v. Williams
  718 So. 2d 306· Fla. 2d DCA· 1998-09-11 ·cited 4×
  The court held that a former employee's alleged breach of a non-compete covenant was properly dismissed because the covenant had expired according to the plain language of an addendum to the employment agreement.
• Fla. Dep't of Health & Rehabilitative Servs. v. DOE
  643 So. 2d 1100· Fla. 1st DCA· 1994-08-22 ·cited 4×·via Plain Language
  The Florida Department of Health and Rehabilitative Services sought review of a trial court order requiring it to consider private adoptive parents as prospective adoptive parents for a child in state custody. The court held that the trial court lacked jurisdiction to interfere w
• Metro-Dade Fire Rescue Serv. Dist. v. Metro. Dade Cnty.
  616 So. 2d 966· Fla.· 1993-04-08 ·cited 4×·via Plain Language
  The Florida Supreme Court held that the Dade County Commission cannot legislatively restrict the governing powers of the Metro-Dade Fire and Rescue Service District Board when the voters have amended the County Charter to make the Fire Board the governing body. The 1986 Charter a
• United States Dep't of the Interior Minerals Mgmt. Serv. v. Fed. Labor Relations Auth.
  969 F.2d 1158· D.C. Cir.· 1992-07-17 ·cited 4×
  The court held that the Federal Labor Relations Authority erred in finding union proposals negotiable under 5 U.S.C. § 7106(b)(3) because the proposals were not tailored to benefit only employees adversely affected by management actions.
• In re Kaiser Steel Corp. v. Pearl Brewing Co.
  952 F.2d 1230· 10th Cir.· 1991-12-30 ·cited 4×
  Consideration paid to shareholders for their stock in a leveraged buyout is exempt from a trustee's avoiding powers under section 546(e) of the Bankruptcy Code as 'settlement payments' made by or to a stockbroker, financial institution, or securities clearing agency.
• Beaumont Rice Mill, Inc. v. Mid-American Indem. Ins. Co.
  948 F.2d 950· 5th Cir.· 1991-12-17 ·cited 4×
  The court held that the insurance policy exclusion for injuries covered under the Longshore and Harbor Workers' Compensation Act applied, and the insurer's denial of coverage was reasonable, precluding extra-contractual damages.
• Greenberg v. The Comptroller OF THE Currency
  938 F.2d 8· 2d Cir.· 1991-06-28 ·cited 4×
  The court held that the Comptroller of the Currency has statutory authority to pursue administrative enforcement proceedings against former bank directors even after their separation from the institution, and that the district court correctly dismissed the complaint for lack of s
• AP Parts Co. v. Int'l Union
  923 F.2d 488· 6th Cir.· 1991-01-22 ·cited 4×·via Plain Language Of Contract
  An arbitrator's award that ignores the plain language of a collective bargaining agreement and directs parties to renegotiate issues already settled is outside the arbitrator's authority and can be vacated.
• Est. OF Leonard A. Wood v. Commissioner OF Internal Revenue
  909 F.2d 1155· 8th Cir.· 1990-07-26 ·cited 4×·via Plain Language Of Statute
  The dissent argues that the timely filing requirement of I.R.C. § 7502 is not satisfied by secondary evidence of a postmark alone, as the statute requires actual delivery.
• Nw. Airlines, Inc. v. Int'l Ass'n OF MacHinists & Aerospace Workers
  894 F.2d 998· 8th Cir.· 1990-01-29 ·cited 4×
  The court held that an arbitration award must be vacated if it disregards the plain language of an unambiguous settlement agreement, as the arbitrator exceeds their authority in such cases.
• Lani Moore v. Dist. OF Columbia
  886 F.2d 335· D.C. Cir.· 1989-06-20 ·cited 4×
  The court held that the Education of the Handicapped Act, as amended, allows for the award of attorneys' fees to parents who prevail in administrative proceedings.
• Phillips v. Commissioner OF Internal Revenue
  851 F.2d 1492· D.C. Cir.· 1988-07-22 ·cited 4×·via Plain Language Of Statute
  A taxpayer who has not previously filed a return is not barred from filing a joint return simply because a notice of deficiency has been issued and challenged in tax court. However, the government's reliance on prior precedent, even if later overturned, constitutes substantial ju
• United States v. CHA
  837 F.2d 392· 9th Cir.· 1988-01-19 ·cited 4×·via Plain Language Of Statute
  The court held that 18 U.S.C. § 3623, authorizing alternative fines, permits higher fines than those specified in the statute defining the substantive offense, even if enacted later.
• Balto v. Maley
  464 So. 2d 579· Fla. 4th DCA· 1985-01-16 ·cited 4×
• Puglia v. Drinks ON THE Beach, Inc.
  457 So. 2d 519· Fla. 2d DCA· 1984-09-14 ·cited 4×
  Lawrence Puglia appealed from dismissal of his complaint alleging that a bar served him alcohol while he was 18 years old, causing intoxication that led to a motor vehicle accident. The court held that Florida's statute prohibiting service of alcohol to persons under 19 protects
• Murphy OIL Corp. v. Hickel
  439 F.2d 417· 8th Cir.· 1971-03-08 ·cited 4×·via Plain Language
  The dissenting judge would affirm the district court's decision, finding the regulation's literal language inapplicable to Murphy Oil.
• Infinity Auto Ins. Co. v. Miami Open MRI, LLC
  361 So. 3d 954· Fla. 3d DCA· 2023-06-07 ·cited 3×·via Plain Language
  The appellate court reversed a summary judgment for a medical provider, finding that the insured's failure to appear for two examinations under oath, a condition precedent to receiving benefits, barred payment. The court held that the insurer did not need to prove prejudice from
• Progressive Express Ins. Co. v. Simonmed Imaging
  363 So. 3d 1196· Fla. 6th DCA· 2023-05-12 ·cited 3×·via Plain Language Of Statute
  This case concerns the interpretation of Florida's PIP statute regarding the maximum charges insurers must reimburse for medical services. The court held that the "applicable schedule" refers to the participating physicians fee schedule, not the higher non-participating physician
• United Auto. Ins. Co. v. Lauderhill Med. Ctr., LLC
  350 So. 3d 754· Fla. 4th DCA· 2022-11-09 ·cited 3×·via Plain Language
  This case concerns whether a medical provider should be reimbursed under the Medicare Part B fee schedule or the workers' compensation fee schedule for "vibe therapy" provided after a motor vehicle accident. The appellate court affirmed the trial court's decision, holding that Me
• Benitez v. Universal Prop. & Cas. Ins. Co.
  Fla. 4th DCA· 2022-10-12 ·cited 3×·via Plain Language Of Statute
  An insured failed to disclose prior property damage on his insurance application and in discovery responses. The insurer denied coverage of a subsequent water damage claim based on material misrepresentations under Florida Statute § 627.409, and the trial court granted summary ju
• Mattino v. City of Marathon
  345 So. 3d 939· Fla. 3d DCA· 2022-08-03 ·cited 3×·via Plain Language
  Amendments to comprehensive plans in the Florida Keys Area must maintain a hurricane evacuation clearance time for all permanent residents of no more than 24 hours, and a two-phase evacuation plan that requires permanent residents to evacuate over a combined 48-hour period violat
• White v. Autozone Inv. Corp.
  345 So. 3d 284· Fla. 3d DCA· 2022-06-15 ·cited 3×
  Section 11A-28(10) of the Miami-Dade County Code establishes a private cause of action for employment discrimination. The plain language of subsections (10)(a) and (10)(b), read together, expressly creates a mechanism for private enforcement whereby an aggrieved person may obtain
• Guardian AD Litem Program v. Campbell
  348 So. 3d 1177· Fla. 5th DCA· 2022-04-29 ·cited 3×
  A trial court must weigh all eight statutory factors in section 63.082(6)(e) when determining whether to transfer custody of a dependent child to prospective adoptive parents chosen by the natural parents; the parents' right to select adoptive parents is one factor but cannot ove
• Holcombe v. City of Naples/Johns E. Co., Inc.
  328 So. 3d 311· Fla. 1st DCA· 2021-09-15 ·cited 3×
  Evidence of secondary hypertension on a pre-employment physical examination precludes a law enforcement officer's use of the statutory presumption of occupational causation for essential hypertension, because section 112.18 requires the examination to reveal no evidence of hypert
• Steven Enters. Grp. Inc. v. Diversified Aero Inventory I, LLC
  326 So. 3d 128· Fla. 3d DCA· 2021-07-28 ·cited 3×
  Steven Enterprises Group Inc. appeals a trial court order enforcing a settlement agreement and entering final judgment against it for failure to make agreed-upon monthly payments. The appellate court affirmed, holding that the trial court properly enforced the settlement agreemen
• Charlotte 650 v. Phillip Rucks Citrus Nursery, Inc.
  320 So. 3d 863· Fla. 2d DCA· 2021-04-21 ·cited 3×
  The appellate court reversed a trial court's decision that a buyer breached a contract for citrus trees. The court found the seller's delay in delivery was not excused by a force majeure event and that the buyer was not in breach for canceling the contract when delivery was signi
• Dozier v. Duval Cnty. Sch. Bd.
  312 So. 3d 187· Fla. 1st DCA· 2021-02-18 ·cited 3×
  This case concerns whether "school guardians," employees trained to provide security, are permitted to carry firearms on school campuses under Florida law. The court held that the relevant statutes, when read together, authorize school guardians to carry firearms on school ground