Plain Language Statutory Construction

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

• John W. and Regina R.Z. Green v. Commissioner OF Internal Revenue
  707 F.2d 404· 9th Cir.· 1983-05-31 ·cited 9×
  A taxpayer is not entitled to a home office deduction for a room used exclusively for telephone calls from clients, as this does not constitute 'meeting or dealing with the taxpayer' by clients within the meaning of the statute.
• State v. Sampaio
  291 So. 3d 120· Fla. 4th DCA· 2020-02-19 ·cited 8×
  Section 817.52(3), which criminalizes failure to redeliver a hired vehicle, contains no notice requirement, and the notice prerequisite established in section 812.155(6) for a different offense does not apply to prosecutions under section 817.52(3).
• Valencia Reserve Homeowners Ass'n, Inc. v. Boynton Beach Assocs.
  278 So. 3d 714· Fla. 4th DCA· 2019-08-28 ·cited 8×
  A developer's use of working fund contributions to offset its deficit obligation under Section 720.308(1)(b) does not violate Chapter 720, Florida Statutes, when the declaration explicitly authorizes such use and all lot owners agreed to the terms upon purchase.
• Kortum v. Sink
  54 So. 3d 1012· Fla. 1st DCA· 2010-12-29 ·cited 8×
  A public adjuster challenged Florida's statutory ban on public adjuster solicitation for 48 hours following an insurable loss, arguing it violates commercial free speech rights. The court held that the statute unambiguously prohibits all solicitation during the 48-hour period and
• State v. Williams
  918 So. 2d 400· Fla. 2d DCA· 2006-01-18 ·cited 8×
  A participant in a work release program who is late reporting to work is not considered an escapee under section 944.40, Florida Statutes, as they are not considered 'confined' during their authorized release for work.
• Dep't OF Revenue v. Daystar Farms, Inc.
  803 So. 2d 892· Fla. 5th DCA· 2002-01-04 ·cited 8×
  The Department of Revenue appeals a circuit court order granting a sales tax refund to Daystar Farms, Inc. The court reversed the Department's denial, finding Daystar was equally liable on a debt secured by real property and thus qualified for a statutory exemption. The appellate
• Ingalls Shipbuilding, Inc. v. Dir., Off. OF Workers' Comp. Programs, U.S. Dep't OF Labor
  898 F.2d 1088· 5th Cir.· 1990-04-26 ·cited 8×
  The court held that the 1984 amendments to the Longshore and Harbor Workers' Compensation Act (LHWCA) provide a specific scheme for compensating retirees with occupational diseases, including hearing loss, and that the Board erred in applying the general hearing loss provision in
• United States v. Caldwell
  463 F.2d 590· 3d Cir.· 1972-07-05 ·cited 8×
  The court held that the term "prosecution" in the savings provision of the Comprehensive Drug Abuse and Control Act includes the act of sentencing, meaning mandatory sentences under the old law apply to crimes committed before the Act's effective date.
• Total Care Restoration, LLC v. Citizens Prop. Ins. Corp.
  357 So. 3d 1260· Fla. 3d DCA· 2023-03-15 ·cited 7×
  An assignment of benefits agreement that contains only a generic price list of available services without a specific, itemized estimate of services to be performed on the particular property fails to comply with Florida Statutes § 627.7152(2)(a)4 and is invalid and unenforceable
• THE Kidwell Grp., LLC v. United Prop. & Cas. Ins. Co.
  343 So. 3d 97· Fla. 4th DCA· 2022-06-15 ·cited 7×
  The appellate court affirmed the trial court's dismissal of a breach of contract claim. The court found that the assignment of benefits did not comply with Florida statutes requiring an itemized cost estimate at the time of execution.
• Fla. Fish & Wildlife Conservation Comm'n v. Hahr
  326 So. 3d 1165· Fla. 1st DCA· 2021-08-09 ·cited 7×
  The Florida Fish and Wildlife Conservation Commission appealed a trial court's denial of its motion to dismiss, arguing it had sovereign immunity. The appellate court agreed, reversing the lower court's decision and holding that the Commission is immune from suits under USERRA an
• Rivera v. State Farm Mut. Auto. Ins. Co.
  317 So. 3d 197· Fla. 3d DCA· 2021-02-24 ·cited 7×
  A pre-suit demand letter under Florida Statute § 627.736(10) must comply strictly with all statutory requirements, including providing the exact name of the medical provider, specific dates of treatment, and an itemized statement specifying each exact amount claimed for each trip
• Riggenbach v. Rhodes
  267 So. 3d 551· Fla. 5th DCA· 2019-03-29 ·cited 7×
  The Fifth District Court of Appeal granted certiorari review and quashed a trial court order denying a motion to dismiss a medical malpractice complaint, holding that a plastic surgeon's expert affidavit does not satisfy Florida's statutory requirement that expert opinions be pro
• Foley v. Asima Azam
  257 So. 3d 1134· Fla. 5th DCA· 2018-10-19 ·cited 7×
  Section 1367(d) tolls the statute of limitations for state law claims dismissed from federal court for lack of subject matter jurisdiction, regardless of whether the federal claims were frivolous or lacked plausible foundation. The plain text of the statute does not condition tol
• Dimitri v. Commercial Ctr. of Miami Master Assoc.
  253 So. 3d 715· Fla. 3d DCA· 2018-08-08 ·cited 7×
  A master association that manages common property in a development composed of sub-associations, each responsible for condominium property within their respective buildings, is not a condominium "association" under Florida Statutes section 718.103(2) as defined in 1982 and is the
• State v. S.A.
  133 So. 3d 506· Fla.· 2014-02-13 ·cited 7×
  The Florida Supreme Court resolved a direct conflict between two District Courts of Appeal regarding how to calculate the speedy trial rule's recapture window in juvenile cases. The Court held that the recapture window consists of two separate time periods—up to 5 days for a hear
• Krause v. Textron Fin. Corp.
  59 So. 3d 1085· Fla.· 2011-02-03 ·cited 7×
  The Florida Supreme Court resolved a conflict between district courts regarding whether the federal supplemental jurisdiction statute's tolling provision (28 U.S.C. § 1367(d)) applies when state law claims are dismissed for lack of federal subject matter jurisdiction. The Court h
• Sturdivant v. State
  84 So. 3d 1044· Fla. 1st DCA· 2010-09-07 ·cited 7×
  In this direct criminal appeal, the court reversed Sturdivant's convictions for first-degree felony murder and aggravated child abuse, finding that the common-law merger doctrine, as interpreted in Brooks v. State, precludes conviction for felony murder when the predicate aggrava
• The Cadle Co. v. G & G Assocs.
  737 So. 2d 1136· Fla. 4th DCA· 1999-06-16 ·cited 7×
  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×
  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.
• Dep't of Hwy. Safety & Motor Vehicles v. Chakrin
  304 So. 3d 822· Fla. 2d DCA· 2020-10-14 ·cited 6×
  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
• 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
• 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
• Corey v. Corey
  29 So. 3d 315· Fla. 3d DCA· 2009-12-30 ·cited 6×
  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
• Fugate v. Fla. Elections Comm'n
  924 So. 2d 74· Fla. 1st DCA· 2006-02-23 ·cited 6×
  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
• 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.
• Zlinkoff v. VON Aldenbruck
  765 So. 2d 840· Fla. 4th DCA· 2000-08-16 ·cited 6×
  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
• 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×
  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.
• 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.
• Fla. Realtors & Fla. Apt. Ass'n, Inc. v. Orange Cnty.
  350 So. 3d 115· Fla. 5th DCA· 2022-10-27 ·cited 5×
  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
• 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
• 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
• State v. Carrier
  240 So. 3d 852· Fla. 2d DCA· 2018-03-09 ·cited 5×
  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×
  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×
  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×
  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×
  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×
  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×
  The court held that Florida's relocation statute does not apply when a parent moves with the children before a dissolution petition is filed.
• Wendt v. LA Costa Beach Resort Condo. Ass'n, Inc.
  64 So. 3d 1228· Fla.· 2011-06-09 ·cited 5×
  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×
  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
• 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
• White v. Purdue Pharma, Inc.
  369 F. Supp. 2d 1335· M.D. Fla.· 2005-01-26 ·cited 5×
  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