Plain Language Statutory Construction

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

• Leftwich v. Fla. Dep't OF Corr.
  148 So. 3d 79· Fla.· 2014-09-18 ·cited 17×
  The Florida Supreme Court resolved a conflict between district courts regarding whether an inmate sentenced as a habitual offender after receiving non-habitual offender sentences remains eligible for provisional credits on those earlier sentences. The Court held that under the pl
• State v. Owens
  95 So. 3d 1018· Fla. 5th DCA· 2012-08-24 ·cited 16×
  A downward departure sentence is permissible under section 921.0026(2)(d) when a defendant requires specialized treatment for a mental disorder or physical disability and is amenable to treatment, without requiring proof that such treatment is unavailable within the Department of
• King v. King
  82 So. 3d 1124· Fla. 2d DCA· 2012-03-07 ·cited 16×
  The Florida District Court of Appeal reversed a circuit court's reduction of alimony based on the obligee's pre-divorce supportive relationship with a cohabitant. The court held that section 61.14(1)(b) authorizes reduction or termination of alimony only when a supportive relatio
• Mandell v. Mandell
  741 So. 2d 617· Fla. 2d DCA· 1999-09-22 ·cited 16×
  Wendy Mandell appeals the trial court's dissolution of marriage judgment establishing a rotating custody plan for the parties' child. The appellate court affirms, holding that the trial court did not abuse its discretion and that the statutory provision allowing rotating custody
• The Putnam Berkley Grp., Inc. v. Dinin
  734 So. 2d 532· Fla. 4th DCA· 1999-05-26 ·cited 16×
  A woman sued a photographer and publisher in 1995 for unauthorized publication of her photograph in a 1988 book. The trial court denied summary judgment on statute of limitations grounds, and a jury awarded damages. The appellate court reversed, holding that the claims were barre
• Wagner Seed Co., Inc. v. Bush
  946 F.2d 918· D.C. Cir.· 1991-10-15 ·cited 16×
  The dissenting judge would reverse the lower court's decision, arguing that the EPA is not entitled to Chevron deference in its interpretation of CERCLA § 106(b)(2) and that the statutory text favors the petitioner's reading.
• In re Folendore v. U.S. Small Bus. Admin.
  862 F.2d 1537· 11th Cir.· 1989-01-12 ·cited 16×
  A lien securing a claim that is not an allowed secured claim is void under 11 U.S.C. § 506(d) if a party in interest requests disallowance of the claim, even if the claim is not actually disallowed.
• Merriex v. State
  521 So. 2d 249· Fla. 1st DCA· 1988-03-01 ·cited 16×
  Richard Merriex appeals his conviction for selling crack cocaine and his sentence based on a departure from sentencing guidelines. The court affirms, holding that while a subsequent conviction (occurring after the primary offense but before sentencing) cannot be scored as a prior
• Meade Twp. v. Andrus
  695 F.2d 1006· 6th Cir.· 1982-12-20 ·cited 16×
  The Secretary of the Interior exceeded his statutory authority by promulgating a regulation that defined 'unit of local government' based on a 'principal provider of services' test, which conflicted with the Payments in Lieu of Taxes Act's plain language and legislative intent fa
• Global Xtreme, Inc. v. Advanced Aircraft Ctr., Inc.
  122 So. 3d 487· Fla. 3d DCA· 2013-09-25 ·cited 15×
  Global Xtreme challenges an attorney's fees award to Advanced Aircraft Center based on sections 57.105 and 713.29, Florida Statutes. The appellate court reversed, holding that Advanced failed to comply with the strict notice requirements of section 57.105 and that section 713.29
• State v. Phillips
  119 So. 3d 1233· Fla.· 2013-04-04 ·cited 15×
  The Florida Supreme Court held that the state lacks jurisdiction to initiate civil commitment proceedings under the Jimmy Ryce Act (Involuntary Civil Commitment of Sexually Violent Predators Act) against an inmate whose sentence has already expired due to corrected time credits a
• Providence Prop. & Cas. & Certified HR Servs. v. Wilson
  990 So. 2d 1224· Fla. 1st DCA· 2008-09-28 ·cited 15×
  In this workers' compensation case, the court held that an employee who received treatment from an authorized physician is entitled to a one-time change in physician under Florida Statute § 440.13(2)(f), regardless of whether the original physician discharged the employee or opin
• Calabro v. State
  995 So. 2d 307· Fla.· 2008-09-18 ·cited 15×
  The Florida Supreme Court held that a defendant's statements made during arraignment expressing a desire for plea negotiations and admitting guilt are inadmissible under Florida Statute § 90.410 and Criminal Procedure Rule 3.172(i), reversing the Third District Court of Appeal's
• Instituto de Prevision Militar v. Merrill Lynch
  546 F.3d 1340· 11th Cir.· 2008-10-29 ·cited 14×
  Instituto de Prevision Militar (IPM), a Guatemalan pension fund, sued Merrill Lynch for fraud and related state law claims arising from Merrill Lynch's alleged role in facilitating Pension Fund of America's theft of IPM's invested funds. The Eleventh Circuit held that SLUSA barre
• State v. Lazo
  761 So. 2d 1244· Fla. 2d DCA· 2000-07-12 ·cited 14×
  The State appealed a trial court's imposition of drug offender probation for a felony driving-while-license-suspended charge. The appellate court reversed, holding that drug offender probation under Florida Statute § 948.034(2) applies only to specifically enumerated drug offense
• Houston D. Perkins v. State
  630 So. 2d 1180· Fla. 1st DCA· 1994-01-12 ·cited 14×
  A structure designed to be occupied by people lodging therein at night constitutes a dwelling under the 1982 amended Florida statute, irrespective of actual occupancy or the owner's intent to return, unless credible evidence shows the structure's character has been substantially
• Midamerica Fed. Sav. & Loan Ass'n v. Shearson/American Express Inc.
  886 F.2d 1249· 10th Cir.· 1989-09-28 ·cited 14×
  The court held that the defendants breached their fiduciary duty and violated Oklahoma securities law because they induced the purchase of securities through material omissions, and the plaintiff's lack of actual knowledge of these omissions was sufficient to establish liability.
• In re Flagstaff Foodservice Corp. v. Levin & Weintraub
  739 F.2d 73· 2d Cir.· 1984-07-10 ·cited 14×
  The court held that interim professional fees awarded in a Chapter 11 proceeding cannot be paid from a secured creditor's collateral when the creditor holds a super-priority lien, unless the services primarily benefited the secured creditor under 11 U.S.C. § 506(c).
• Ocean Concrete, Inc. v. Indian River Cnty.
  241 So. 3d 181· Fla. 4th DCA· 2018-03-14 ·cited 13×
  A use that is expressly permitted under a zoning code at the time of a government action is a nonspeculative existing use under the Harris Act, regardless of the economic feasibility of the project. A use that is permitted under zoning code is per se compatible with surrounding l
• Fortune v. Gulf Coast Tree Care Inc./Florida Citrus Bus. & Indus.
  148 So. 3d 827· Fla. 1st DCA· 2014-10-13 ·cited 13×
  In this workers' compensation case, the Florida District Court of Appeal reversed the Judge of Compensation Claims' denial of reimbursement for medical expenses, mileage, and co-payments incurred by an employee following a work-related assault injury. The court held that when an
• Levey v. Detzner
  146 So. 3d 1224· Fla. 1st DCA· 2014-09-03 ·cited 13×
  Laura Rivero Levey sought declaratory and injunctive relief to be placed on the ballot for the Florida House of Representatives District 113 after her qualifying fee check was returned by her bank after the qualifying period closed. The court affirmed the trial court's judgment t
• White v. City OF Pompano Beach
  813 So. 2d 1003· Fla. 4th DCA· 2002-03-20 ·cited 13×
  George White appealed summary judgment dismissing his discrimination complaint against the City of Pompano Beach as barred by a one-year statute of limitations. The court reversed, holding that the EEOC's letter stating it was "unable to conclude" violations occurred did not cons
• Wal-Mart Stores & Claims Mgmt., Inc. v. Campbell
  714 So. 2d 436· Fla.· 1998-06-11 ·cited 13×
  The Florida Supreme Court held that section 440.14(1)(a) of the Florida Statutes mandates a fixed method for calculating average weekly wage (AWW) in workers' compensation cases involving concurrent employment, requiring combination of all earnings from both employments over thir
• Bauer v. Dilib, Inc.
  16 So. 3d 318· Fla. 4th DCA· 2009-09-16 ·cited 12×
  A Florida appellate court held that an employer cannot recover attorney's fees from a third party who aids and abets employees' violation of a restrictive covenant, even though the third party can be enjoined from participating in the violation. The court interpreted Florida's re
• City OF Coral Gables Code Enf't Bd. v. Yife Tien
  967 So. 2d 963· Fla. 3d DCA· 2007-10-10 ·cited 12×
  The court quashed a decision by the appellate court that had reversed a Code Enforcement Board's dismissal of a neighbor's complaint about a large yacht moored in a waterway, finding the ordinance applied even if the boat extended over a neighbor's space.
• United States v. Martin D.L. Haynes
  969 F.2d 569· 7th Cir.· 1992-08-04 ·cited 12×
  The court held that the equivalency provision of the Sentencing Guidelines applies even when marijuana plants are harvested and processed into consumable marijuana, requiring sentencing based on the greater of the converted plant weight or the actual processed weight.
• United States v. Morgan
  922 F.2d 1495· 10th Cir.· 1991-01-10 ·cited 12×
  The court held that the statute of limitations for a federal crime is tolled under 18 U.S.C. § 3290 when the defendant is a fugitive from justice, even if the original crime was a state offense and unrelated to the federal offense.
• In re Sanderfoot v. Sanderfoot
  899 F.2d 598· 7th Cir.· 1990-03-30 ·cited 12×
  The court should reverse the bankruptcy court's decision allowing the debtor to avoid his ex-wife's lien on their former marital home.
• Cook Inlet Native Ass'n v. Bowen
  810 F.2d 1471· 9th Cir.· 1987-02-20 ·cited 12×
  The court held that Alaska Native regional profit corporations, like CIRI, can be considered 'Indian tribes' under the Indian Self-Determination Act, and that the administrative interpretation to this effect is reasonable and entitled to deference.
• United States v. Mendoza-Lopez
  781 F.2d 111· 8th Cir.· 1985-12-31 ·cited 12×
  An alien cannot collaterally attack a previous deportation order as a defense to a prosecution under 8 U.S.C. § 1326.
• Taylor v. Tampa Elec. Co.
  356 So. 2d 260· Fla.· 1978-02-16 ·cited 12×
  The Florida Supreme Court held that circuit court clerks may collect commissions on funds disbursed from the court registry to eminent domain defendants in "quick taking" proceedings under Chapter 74, Florida Statutes, but may not collect commissions on funds refunded to the emin
• Landau v. Roundpoint Mortg. Servicing Corp.
  925 F.3d 1365· 11th Cir.· 2019-06-11 ·cited 11×
  A motion to reschedule a previously ordered foreclosure sale does not constitute a prohibited motion for an order of sale under 12 C.F.R. § 1024.41(g).
• State Farm Mut. Auto. Ins. Co. v. Care Wellness Ctr., LLC
  240 So. 3d 22· Fla. 4th DCA· 2018-03-14 ·cited 11×
  State Farm Mutual Automobile Insurance Company appeals a county court summary judgment favoring Care Wellness Center regarding the proper application of a PIP policy deductible. The Fourth District holds that insurers must apply a statutory fee schedule to reduce provider charges
• Gdovin v. Dyck-O'Neal, Inc.
  198 So. 3d 986· Fla. 2d DCA· 2016-08-10 ·cited 11×
  Lisa Gdovin appealed an order denying her motion for relief from judgment in an independent deficiency action filed by Dyck-O'Neal, Inc. The court held that a circuit court has subject matter jurisdiction to adjudicate an independent deficiency action when a foreclosure court had
• Cent. Magnetic Imaging Open MRI OF Plantation, Ltd. v. State Farm Fire & Cas. Ins. Co.
  22 So. 3d 782· Fla. 4th DCA· 2009-11-18 ·cited 11×
  Central Magnetic Imaging sought certiorari review of a circuit court decision that reversed summary judgment and held that an insurer need not obtain an independent medical examination (IME) before denying a personal injury protection (PIP) claim, as long as a valid peer review r
• Mahon v. United States Dep't OF Agric.
  485 F.3d 1247· 11th Cir.· 2007-05-10 ·cited 11×
  The Mahons sought judicial review of USDA denials of federal disaster assistance for citrus tree losses caused by freezing temperatures in 2000. The court held that John and Shelby Mahon's claims were arbitrarily and capriciously denied because the USDA selectively applied Florid
• State v. C & W Food Serv., Inc.
  765 So. 2d 728· Fla. 1st DCA· 2000-05-10 ·cited 11×
  A contract renewal clause that requires mutual agreement, satisfactory performance, and availability of funds does not create a right to renewal as a matter of law.
• Pitts v. State
  263 So. 3d 834· Fla. 1st DCA· 2019-02-05 ·cited 10×
  Samuel Pitts appealed his sexual battery conviction challenging the trial court's admission of collateral crime evidence and exclusion of good character evidence. The First District Court of Appeal affirmed the conviction, holding that the collateral crime evidence was properly a
• Sand Lake Hills Homeowners Ass'n, Inc. v. Busch
  210 So. 3d 706· Fla. 5th DCA· 2017-01-20 ·cited 10×
  Sand Lake Hills Homeowners Association appealed a judgment awarding attorney's fees to the Busches under two statutory provisions. The court affirmed the award under section 712.08 for filing a false Marketable Record Title Act notice, but reversed the award under the ARD's fee p
• Satish B. Patel v. State
  141 So. 3d 1239· Fla. 5th DCA· 2014-06-27 ·cited 10×
  The Florida District Court of Appeal reversed a trial court's order finding probable cause to seize substitute bank accounts and cash under the Florida Contraband Forfeiture Act (FCFA). The court held that section 932.703(5)'s substitute assets provision applies only to the forfe
• Lawson v. State
  845 So. 2d 986· Fla. 1st DCA· 2003-05-23 ·cited 10×
• City OF Safety Harbor v. Commc'ns Workers OF Am. & Pub. Emps. Relations Comm'n
  715 So. 2d 265· Fla. 1st DCA· 1998-03-11 ·cited 10×
  The City of Safety Harbor challenges a PERC order certifying the Communications Workers of America as the exclusive bargaining representative for a unit that included Recreation Leaders II as nonprofessional employees. The court reversed, holding that PERC erroneously interpreted
• Juan Castillo-Plaza, M.D. v. Green
  655 So. 2d 197· Fla. 3d DCA· 1995-05-24 ·cited 10×
  The physician-patient confidentiality privilege established by section 455.241(2) does not apply to medical malpractice cases; therefore, defense counsel in such cases may communicate ex parte with non-defendant treating physicians on subjects beyond medical records and the patie
• Synovus Fin. Corp. v. Bd. OF Governors OF THE Fed. Reserve Sys.
  952 F.2d 426· D.C. Cir.· 1991-12-20 ·cited 10×
  The Federal Reserve Board lacks authority under the Douglas Amendment to regulate the interstate relocation of a subsidiary bank, as the amendment specifically addresses 'acquisitions' and not 'relocations'.
• Montefiore Hosp. & Med. Ctr. v. Nat'l Labor Relations Bd.
  621 F.2d 510· 2d Cir.· 1980-04-28 ·cited 10×
  The court held that doctors striking without notice engaged in protected activity unless it endangered patients, and their picket line conduct discouraging patients was unprotected. The denial of full-time positions in retaliation for filing charges was unlawful.
• Philip Morris USA Inc. v. Gore
  344 So. 3d 1· Fla. 4th DCA· 2022-04-13 ·cited 9×
  The appellate court reversed an attorney's fees award, holding that a non-settling defendant is entitled to a reduction in fees to prevent a double recovery when another defendant has already paid for the same fees. The court affirmed other issues on appeal.
• R.J. Reynolds Tobacco Co. v. Sheffield
  266 So. 3d 1230· Fla. 5th DCA· 2019-02-08 ·cited 9×
  The 1999 version of section 768.73, Florida Statutes, applies to the punitive damages issues in this wrongful death action because the cause of action accrued on the date of the decedent's death in 2007, not on the date the decedent manifested a smoking-related disease in 1994. M
• Kogan v. Israel
  211 So. 3d 101· Fla. 4th DCA· 2017-01-25 ·cited 9×
  Jeffrey Kogan, a Broward Sheriff's Office homicide detective, sued under Florida's public Whistle-blower's Act after being demoted to road patrol following his participation in a Florida Department of Law Enforcement investigation into possible excessive force by a Fort Lauderdal
• Suffield v. State
  132 So. 3d 333· Fla. 4th DCA· 2014-01-22 ·cited 9×
  Thomas Suffield appealed a summary denial of his motion to correct an illegal sentence, claiming he was improperly sentenced as a Prison Releasee Reoffender (PRR) for burglary of a conveyance with assault or battery. The court agreed, holding that while burglary with assault qual
• Raimond N. Tullius v. Madeleine Albright
  240 F.3d 1317· 11th Cir.· 2001-02-06 ·cited 9×
  Raimond Tullius sought a declaratory judgment of U.S. citizenship, claiming his father transmitted citizenship to him at birth under 8 U.S.C. § 1401(a)(7), despite the father's failure to satisfy the physical presence requirement. The Eleventh Circuit affirmed summary judgment fo