Plain Language Statutory Construction

468 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• United States v. Matra
  841 F.2d 837· 8th Cir.· 1988-03-09 ·cited 207×
  The court held that the evidence was sufficient to convict the defendant of possession of cocaine with intent to distribute, possession of an unregistered machine gun, and using a machine gun during a drug trafficking offense, and that possession with intent to distribute qualifi
• Martinez v. State
  981 So. 2d 449· Fla.· 2008-02-21 ·cited 206×
  The Florida Supreme Court held that the forcible-felony instruction under section 776.041(1) may only be given when a defendant is charged with an independent forcible felony separate from the crime for which self-defense is claimed. Although the trial court erred in giving the i
• Mosley v. State
  209 So. 3d 1248· Fla.· 2016-12-22 ·cited 199×
  John Mosley was convicted of murdering his girlfriend and infant son in April 2004 and sentenced to death for the child's murder and life imprisonment for the girlfriend's murder. The Florida Supreme Court affirmed his convictions and death sentence on direct appeal. In this post
• Larimore v. State
  2 So. 3d 101· Fla.· 2008-12-11 ·cited 169×
  The Florida Supreme Court held that the Involuntary Civil Commitment of Sexually Violent Predators Act (Jimmy Ryce Act) requires that an individual be in lawful custody when the State initiates civil commitment proceedings in order for a circuit court to have jurisdiction over th
• Brooks v. State
  918 So. 2d 181· Fla.· 2005-06-23 ·cited 158×
  This case involves Lamar Brooks' appeal of his conviction and death sentences for the first-degree murders of Rachel Carlson and her infant daughter, Alexis Stuart. This is Brooks' second appeal after his initial conviction was reversed in 2001 due to erroneous hearsay testimony.
• Streeter v. Sullivan
  509 So. 2d 268· Fla.· 1987-05-21 ·cited 141×
  The Florida Supreme Court held that corporate officers and executives are "employees" under Florida's Workers' Compensation Act and can be held liable to fellow employees for acts of gross negligence, regardless of whether those acts involve an affirmative act beyond the employer
• Murray v. Mariner Health and ACE USA
  994 So. 2d 1051· Fla.· 2008-10-23 ·cited 89×
  Emma Murray, a workers' compensation claimant, challenged the constitutionality of Florida's attorney fee statute (§ 440.34), arguing that applying the rigid statutory formula to her case resulted in an unreasonably low fee award of $684.84 (approximately $8/hour) despite complex
• Overstreet v. State
  629 So. 2d 125· Fla.· 1993-12-16 ·cited 88×
  The Florida Supreme Court held that prior offenses with withheld adjudication cannot be used as predicate convictions for habitual felony offender sentencing when the subsequent felony is committed while the defendant is incarcerated, rather than on probation. The court strictly
• United Auto. Ins. Co. v. Rodriguez
  808 So. 2d 82· Fla.· 2001-11-08 ·cited 74×
  The Florida Supreme Court clarified the consequences of late payment of personal injury protection (PIP) insurance benefits under the no-fault law. The Court held that while insurers are subject to statutory penalties (10% interest and attorney's fees) for failing to pay claims w
• Curd v. Mosaic Fertilizer, LLC
  39 So. 3d 1216· Fla.· 2010-06-17 ·cited 71×
  The Florida Supreme Court held that commercial fishermen can recover economic damages for loss of income caused by pollution without owning the damaged property, both under a private statutory cause of action in chapter 376 and under common law negligence principles. The Court re
• Agency FOR Health Care Admin. v. Associated Indus. OF Fla., Inc.
  678 So. 2d 1239· Fla.· 1996-06-27 ·cited 68×
  The Florida Supreme Court reviewed the constitutionality of the Medicaid Third-Party Liability Act of 1994, which creates an independent state cause of action to recover Medicaid expenditures from tortfeasors. The Court largely upheld the Act's facial constitutionality while stri
• Zuckerman v. Alter
  615 So. 2d 661· Fla.· 1993-01-28 ·cited 63×
  The Florida Supreme Court held that Florida Statute § 689.075(1)(g) creates two alternative tests for validating an inter vivos trust where the settlor is the sole trustee: the trust must either be valid under the jurisdiction's laws OR be executed with will formalities. The cour
• Snyder v. Davis
  699 So. 2d 999· Fla.· 1997-09-18 ·cited 62×
  The Florida Supreme Court held that a testator without a surviving spouse or minor children may devise homestead property by will to any family member within the class of persons eligible under Florida's intestacy statute while preserving the constitutional exemption from forced
• Jones v. State
  966 So. 2d 319· Fla.· 2007-05-24 ·cited 61×
  Victor Tony Jones, a death-row inmate convicted of murder, challenged orders denying his successive postconviction motion and concluding he was not mentally retarded under Atkins v. Virginia. The Florida Supreme Court affirmed, holding that mental retardation determinations requi
• Medberry v. Butler
  185 F.3d 1189· 11th Cir.· 1999-08-23 ·cited 58×
  A prisoner with three prior frivolous or malicious lawsuits sought to proceed in forma pauperis under 28 U.S.C. § 1915(g), arguing that counting pre-PLRA dismissals violated the Ex Post Facto Clause and that he qualified for the imminent danger exception. The Eleventh Circuit hel
• State v. Sonny D. Anderson
  695 So. 2d 309· Fla.· 1997-05-29 ·cited 53×
  The Double Jeopardy Clause prohibits dual convictions for perjury in an official proceeding and providing false information in a bail application when both offenses arise from the same single act of making a false statement under oath, because these crimes are degree variants of
• State v. Mark Marks, P.A.
  698 So. 2d 533· Fla.· 1997-07-17 ·cited 52×
  The Florida Supreme Court held that Florida Statutes § 817.234(1) is unconstitutionally vague as applied to attorneys representing clients in insurance claims because the term "incomplete" fails to provide adequate notice of prohibited conduct. However, the Court upheld the statu
• Special v. Ivo Baux, M.D.
  79 So. 3d 755· Fla. 4th DCA· 2011-11-16 ·cited 49×
  This medical malpractice case involves the death of a pregnant woman during cesarean delivery. The court addresses whether a trial court's restriction on cross-examination of a defense expert regarding unusually high rates of amniotic fluid embolus (AFE) diagnoses at the hospital
• Dodd v. United States
  365 F.3d 1273· 11th Cir.· 2004-04-16 ·cited 49×
  Michael Donald Dodd, a federal prisoner convicted of engaging in a continuing criminal enterprise (CCE) and other drug offenses, appealed the dismissal of his 28 U.S.C. § 2255 petition challenging his conviction on Sixth Amendment and Due Process grounds based on Richardson v. Un
• United States Steel Corp. v. United States
  519 F.2d 359· 3d Cir.· 1975-06-16 ·cited 48×
  Section 706(k) of Title VII authorizes a court to award attorney fees against the EEOC in a proper case, but the district court did not abuse its discretion in denying such fees to a prevailing defendant when the EEOC's action was a bona fide effort.
• Reynolds v. State
  842 So. 2d 46· Fla.· 2002-12-19 ·cited 46×
  The Florida Supreme Court resolved a conflict between district courts regarding whether section 828.12(2), the felony animal cruelty statute, requires specific intent or only general intent. The Court held that the statute requires only general intent to commit an act resulting i
• Sanders v. City OF Orlando
  997 So. 2d 1089· Fla.· 2008-09-25 ·cited 42×
  The Florida Supreme Court held that the 2001 amendment to section 440.20(11)(c) of the Workers' Compensation Act did not divest Judges of Compensation Claims (JCCs) of jurisdiction to vacate or set aside settlement agreements for represented claimants. The amendment eliminated th
• Insko v. State
  969 So. 2d 992· Fla.· 2007-09-20 ·cited 41×
  The Florida Supreme Court held that a defendant's age is an element of the crime of lewd or lascivious conduct under Florida Statute §800.04(6), not merely a sentencing factor. However, the court affirmed Insko's conviction because he waived the issue by failing to contemporaneou
• Paul v. State
  129 So. 3d 1058· Fla.· 2013-04-11 ·cited 38×
  The Florida Supreme Court resolved a conflict between district courts on whether shooting into an occupied vehicle under section 790.19 qualifies as a forcible felony for purposes of enhanced sentencing under the prison releasee reoffender (PRR) statute. The court held that the o
• Kiss v. State
  42 So. 3d 810· Fla. 4th DCA· 2010-07-07 ·cited 36×
  Leslie Kiss was convicted by jury on both dealing in stolen property and grand theft charges arising from the same scheme, contrary to Florida Statute § 812.025, which permits conviction on only one or the other. The court reversed and remanded for a new trial, holding that the t
• United States v. Smith
  795 F.2d 841· 9th Cir.· 1986-07-29 ·cited 34×
  The court held that undeveloped film constitutes a 'visual depiction' under child pornography statutes and that the affidavit provided sufficient probable cause for the search warrant.
• Morris v. Dollar Tree Store & Specialty Risk Servs.
  869 So. 2d 704· Fla. 1st DCA· 2004-04-06 ·cited 32×
  In this workers' compensation appeal, the court reversed a judge of compensation claims' award of attorney's fees to claimant Angie Morris, finding the JCC erred in three respects: interpreting the statute to bar pre-petition attorney time, awarding an hourly rate unsupported by
• Royal Palm Corporate Ctr. Ass'n, Ltd. v. Pugliese, III
  89 So. 3d 923· Fla. 4th DCA· 2012-03-21 ·cited 31×
  This consolidated appeal addresses whether Florida trial courts may bifurcate mortgage foreclosure remedies by allowing a lender to pursue money judgments first and defer the foreclosure sale until the lender certifies non-satisfaction of those judgments. The Fourth District Cour
• State v. Joyce
  361 So. 2d 406· Fla.· 1978-07-27 ·cited 31×
  Section 827.04(2), Florida Statutes, criminalizing willful or culpably negligent deprivation of necessary food, clothing, shelter, or medical treatment, or knowingly or culpably negligently permitting material endangerment of a child's physical or mental health, is not unconstitu
• Nagy v. Fla. Birth-Related Neurological Injury Comp. Ass'n
  813 So. 2d 155· Fla. 4th DCA· 2002-03-13 ·cited 30×
  Parents of an infant who died fourteen hours after birth appeal from an administrative decision finding the child suffered a compensable birth-related neurological injury under Florida's no-fault compensation plan. The court reverses, holding that the statute requires both the me
• Garcia v. Dyck-O'Neal, Inc.
  178 So. 3d 433· Fla. 3d DCA· 2015-10-07 ·cited 29×
  Garcia appeals a final default judgment awarding a deficiency judgment to Dyck-O'Neal following foreclosure of his residential property. The court affirms, holding that under Florida Statute § 702.06, a mortgagee may pursue a separate deficiency action unless the foreclosure cour
• T.R. v. State
  677 So. 2d 270· Fla.· 1996-06-27 ·cited 29×
  A court can modify a juvenile commitment order without a time limit under section 39.054(3), Florida Statutes, even if the modification changes the risk level, as the sixty-day limit in section 39.054(8) applies only to suspending commitment for probation.
• Rosenberg v. Cape Coral Plumbing, Inc.
  920 So. 2d 61· Fla. 2d DCA· 2005-12-28 ·cited 28×
  Rosenberg, a general contractor, appealed a trial court's grant of summary judgment in favor of Cape Coral Plumbing following a flood that caused $70,000 in damages to a house under construction. The appellate court reversed in part, finding that genuine issues of material fact e
• State v. Jett
  626 So. 2d 691· Fla.· 1993-11-10 ·cited 28×
  Section 415.512, Florida Statutes, waives the psychotherapist-client privilege in any judicial proceeding involving an action or offense that meets the statutory definition of child abuse or neglect, not limited to child abuse or neglect proceedings under chapter 39 or section 82
• Walker v. State
  580 So. 2d 281· Fla. 4th DCA· 1991-05-15 ·cited 28×
• Higgins v. Dyck-O'Neal, Inc.
  201 So. 3d 157· Fla. 1st DCA· 2016-06-09 ·cited 27×
  The First District Court of Appeal reversed a default judgment against homeowners, holding that a lender who included a prayer for deficiency relief in a foreclosure action and had the court reserve jurisdiction to enter such a judgment cannot subsequently pursue a separate commo
• State v. Ridge Gabriel
  44 Fla. L. Weekly Fed. D 2913· Fla.· 2021-04-08 ·cited 26×
  Under section 921.0024(2), Florida Statutes, the lowest permissible sentence (LPS) is an individual minimum sentence that applies to each offense where there are multiple convictions subject to sentencing on a single scoresheet. When the LPS exceeds the statutory maximum sentence
• CBS Broad., Inc. v. Echostar Commc'ns Corp.
  265 F.3d 1193· 11th Cir.· 2001-09-17 ·cited 26×
  EchoStar Communications Corporation appealed a preliminary injunction prohibiting it from transmitting distant network signals to "served" households under the Satellite Home Viewer Act (SHVA) and the Satellite Home Viewer Improvement Act of 1999. The Eleventh Circuit vacated the
• Mancini v. Personalized AIR Conditioning & Heating, Inc.
  702 So. 2d 1376· Fla. 4th DCA· 1997-12-31 ·cited 25×
  The court held that a newspaper columnist, even one who is also a full-time assistant state attorney, is entitled to pre-suit notice under Florida Statute § 770.01 before a libel action may be brought against her. The statute's protections extend to individual journalists and col
• Wilderness Watch and Public Employees for Environmental Responsibility v. Fran P. Mainella
  375 F.3d 1085· 11th Cir.· 2004-06-28 ·cited 24×
  The Eleventh Circuit reversed the district court's grant of summary judgment, holding that the National Park Service's practice of using motor vehicles to transport visitors across designated wilderness areas on Cumberland Island violates the Wilderness Act. The court also found
• Kline v. Publix Supermarkets, Inc.
  568 So. 2d 929· Fla. 2d DCA· 1990-05-09 ·cited 24×
  Virginia Kline appealed a summary judgment in her favor against Publix for intentional infliction of emotional distress and discrimination, while Publix cross-appealed seeking attorney's fees and costs under Florida's offer of judgment statute. The court affirmed the summary judg
• Jones v. The Auto. Ins. Co. OF Hartford
  917 F.2d 1528· 11th Cir.· 1990-09-04 ·cited 23×
  The court held that the district court erred by converting a motion to dismiss into a motion for summary judgment without providing the required ten-day notice to the non-moving party. The court also affirmed the district court's interpretation of a statutory provision as a limit
• United States v. Diaz
  778 F.2d 86· 2d Cir.· 1985-11-21 ·cited 22×
  The court held that narcotics offenses do not inherently constitute 'crimes of violence' under 18 U.S.C. § 924(c), and reversed the conviction on that count.
• Ward v. State
  986 So. 2d 479· Fla.· 2008-01-17 ·cited 21×
  The Florida Supreme Court held that a person convicted of a sexually violent offense in the past is eligible for civil commitment under the Jimmy Ryce Act if they are subsequently sentenced to total confinement after January 1, 1999, even if the current confinement is for a non-s
• Olmstead v. Fed. Trade Comm'n
  44 So. 3d 76· Fla.· 2010-06-24 ·cited 20×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding whether a judgment creditor may compel a judgment debtor to surrender all ownership interest in a single-member LLC to satisfy a judgment. The Court held that Florida's charging order reme
• City OF Port Orange & PGCS v. Sedacca
  953 So. 2d 727· Fla. 1st DCA· 2007-04-10 ·cited 20×
  A firefighter with work-related hypertension sought workers' compensation benefits as an occupational disease, but the appellate court held that permanent impairment alone does not constitute compensable disability under Florida's Workers' Compensation Act. The court reversed, fi
• Schwartz v. Romnes
  495 F.2d 844· 2d Cir.· 1974-04-02 ·cited 20×
  The court held that a corporate contribution to a political organization promoting a referendum is prohibited by New York Election Law § 460, and that a public utility's use of public service revenues for such a contribution violates Public Service Law § 107.
• Friedman v. Mkt. St. Mortg. Corp.
  520 F.3d 1289· 11th Cir.· 2008-03-20 ·cited 19×
  The Eleventh Circuit reversed a district court's class certification order in a RESPA case brought by borrowers challenging an escrow waiver fee charged by Market Street Mortgage Corporation. The court held that the prior appellate decision in Friedman I established as law of the
• Cricket Props., LLC v. Nassau Pointe AT Heritage Isles Homeowners Ass'n, Inc.
  124 So. 3d 302· Fla. 2d DCA· 2013-09-20 ·cited 18×
  Cricket Properties acquired property by tax deed and sued to quiet title. The trial court ruled that a homeowners association's lien for unpaid assessments survived the tax deed issuance under section 720.3085(2)(b). The appellate court reversed, holding that tax deed purchasers
• Cook v. Division of Personnel
  356 So. 2d 356· Fla. 1st DCA· 1978-03-10 ·cited 18×
  Rule 22A-7.10B is a valid exercise of delegated legislative authority because the rule governs resignations by abandonment, which are not among the enumerated personnel actions (suspension, reduction in pay, transfer, layoff, demotion, or dismissal) for which Career Service Commi