Plain Language Statutory Construction

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

• Alfonso v. Alfonso
  Fla. 4th DCA· 2025-05-07
  A dissolution judgment becomes effective under substantive law when the trial court enters it, not when post-judgment motions are resolved, so a final judgment entered on June 30, 2023, was governed by the pre-amendment version of section 61.08 even though the amended statute eli
• Fla. Dep't of Health v. Pups Pub TPA, LLC
  Fla. 1st DCA· 2025-04-30
  An agency statement that merely reiterates the plain language of governing law does not constitute an unadopted rule requiring formal adoption under the Administrative Procedure Act. DOH's interpretation that dogs are prohibited from the entire interior of a bar is readily appare
• Sch. Bd. of Polk Cnty. v. Keys Claims Consultants, LLC
  Fla. 6th DCA· 2025-04-17
  A nonfinal order denying a motion for partial summary judgment is not reviewable under Fla. R. App. P. 9.130(a)(3)(F)(iii) unless the motion itself asserts entitlement to sovereign immunity.
• Moschella v. State
  Fla. 2d DCA· 2025-04-09
  A search warrant executed outside the mandatory 10-day period prescribed by Florida Statute § 933.05 is stale and invalid, and no prejudice requirement may be imposed on the statutory time limit.
• A.C. v. State
  Fla. 3d DCA· 2025-04-09
  Section 784.05(1) criminalizes culpable negligence that exposes another person to personal injury and does not require proof that the defendant's conduct was likely to cause death or great bodily harm. The plain language of the statute limits the required harm to personal injury,
• Progressive Am. Ins. Co. v. Gonzalez
  Fla. 3d DCA· 2025-03-19
  Under section 624.155(3)(a), Florida Statutes (2018), the insured must give actual written notice to the insurer 60 days before filing a bad faith action; filing notice with the Department does not constitute notice to the insurer, and insurers cannot be required to monitor the D
• Moss & Assocs., LLC v. Daystar Peterson & Brickell Heights E. Condo. Ass'n, Inc.
  Fla. 3d DCA· 2025-02-26
  When a claimant files an action alleging a construction defect without first complying with the presuit notice requirements of section 558.004, Florida Statutes, the trial court must stay the action upon timely motion by a party, as the statute uses mandatory language that is imp
• Stricklin v. Allen
  Fla. 1st DCA· 2025-02-05
  The alcohol defense statute in section 768.36(2) applies by its plain language to negligence per se actions brought by underage drinkers, and a trial court does not err in instructing the jury on this defense in such cases.
• Vill. of Palmetto Bay v. Miami-Dade Cnty.
  Fla. 3d DCA· 2024-12-04
  The County properly suspended the three-day and four-day procedural rules under the COVID Ordinance because the ordinance's plain language authorized suspension for all matters during declared states of emergency, and Florida law permits reserves for future construction to be app
• Gessner v. S. Co. & Gulf Power Co.
  Fla. 1st DCA· 2024-11-20
  Under Florida Statutes section 448.102(3), a private sector employee seeking whistleblower protection must establish that he or she objected to or refused to participate in an activity, policy, or practice of the employer that constitutes an actual violation of a law, rule, or re
• United Auto. Ins. Co. v. Coral Gables Chiropractic PLLC
  Fla. 3d DCA· 2024-10-30
  United Auto Insurance appeals a $124,000 attorney's fee award to a healthcare provider in a PIP dispute. The Third District reverses, holding that under section 627.736(10)(d), an insurer's timely payment of the underlying PIP claim (medical bills) precludes attorney's fee liabil
• Cassanova Gabriel v. State
  Fla. 4th DCA· 2024-10-16
  A person is immune from criminal prosecution under section 776.032(1) for the use of deadly force against an animal where the person reasonably believes such force is necessary to prevent imminent death or great bodily harm to himself, herself, or another. Section 776.012(2)'s pl
• Apex Roofing & Restoration LLC v. United Servs. Auto. Ass'n
  Fla. 1st DCA· 2024-10-02
  A motion to dismiss cannot resolve factual questions about whether an assignment of benefits and a subsequently dated cost estimate constitute a single integrated agreement satisfying statutory requirements, nor can it dispose of allegations that the insurer waived or is estopped
• Indoor Env't Restoration Now, Inc. v. Citizens Prop. Ins. Corp.
  Fla. 3d DCA· 2024-08-21
  An assignment of benefits that fails to satisfy the express requirements of section 627.7152(2)(a), Florida Statutes, is invalid and unenforceable, and a complaint filed by an assignee based on such an invalid assignment must be dismissed.
• Golden v. Satcher
  Fla. 2d DCA· 2024-08-09
  A vacancy in elective office under Florida's "resign-to-run" law occurs on the effective date of the resignation as stated in the resignation letter, not the date the resignation is tendered. Because the remainder of Tatem's term was less than 28 months, the vacancy was to be fil
• Pacheco v. Waldo Acebo, M.D., P.A.
  Fla. 3d DCA· 2024-08-07
  A party must exhaust administrative remedies by appealing or requesting a hearing within the time period specified by local ordinance before filing a discrimination lawsuit in circuit court.
• E Coast Invs., LLC v. Delia
  Fla. 3d DCA· 2024-06-26
  A trial court errs in denying a motion for writ of possession under § 197.562 based on a concern about inconsistent verdicts with a pending ejectment action, because the writ determination would resolve the ejectment claim and no mutually exclusive findings are possible.
• Moore v. State
  Fla. 4th DCA· 2024-06-05
  A defendant charged under Florida Statute § 828.13 for unlawful confinement of animals must have personally participated in confining or keeping the animals in violation of the statute; mere knowledge that animals are confined or presence on the property where they are kept is in
• Cent. Fla. Med. & Chiropractic Ctr., Inc. v. Mendota Ins. Co.
  Fla. 5th DCA· 2024-05-24
  Central Florida Medical & Chiropractic Center appealed a summary judgment in a personal injury protection (PIP) insurance dispute with Mendota Insurance Company, challenging the underpayment of two claims by one cent each. The Fifth District Court of Appeal affirmed the judgment,
• Chernoff v. City of N. Miami Beach
  Fla. 3d DCA· 2024-01-31
  A quorum does not exist when recused commissioners are excluded from the count, and the 120-day absence period under the City Charter begins on the date of the first missed meeting, not the day after the last attended meeting.
• Nikki Alvarez-Sowles v. Pasco Cnty.
  386 So. 3d 224· Fla. 2d DCA· 2024-01-17
  Pasco County must fund the multiagency criminal justice information system, including all upgrades, maintenance, and replacements of hardware and software, and this obligation was required to be fully effectuated by July 1, 2004, such that phased-in funding is prohibited. The cou
• Castellano v. W. Florida-Mht, LLC
  Fla. 2d DCA· 2023-12-29
  The appellate court quashed a trial court's discovery orders, finding that the requested information was not protected by statutory privilege. The court held that the statutes protecting hospital peer review and credentialing processes do not apply to a defamation and business in
• Castellano v. Halpern
  Fla. 2d DCA· 2023-12-29
  The appellate court quashed a trial court's order that had sustained a doctor's objections to discovery requests in a lawsuit for intentional interference and defamation. The court found that the discovery sought was not protected by statutory privilege, as the lawsuit did not ar
• Castellano v. Halpern
  Fla. 2d DCA· 2023-12-29
  Statutory privileges protecting hospital peer review, credentialing, and medical review committee records apply only to civil actions arising from the hospital's evaluation of applications for staff membership or clinical privileges, not to collateral disputes between physicians.
• Castellano v. Halpern
  Fla. 2d DCA· 2023-12-29
  The appellate court quashed a trial court's order that had sustained a doctor's objections to discovery requests in a defamation and business interference lawsuit. The court found that the discovery sought was not protected by statutory privileges related to hospital peer review
• Castellano v. Halpern
  Fla. 2d DCA· 2023-12-29
  Statutes protecting hospital credentialing, peer review, and medical review proceedings from discovery apply only to civil actions arising from matters that are the subject of evaluation and review by those bodies—namely, applications for staff membership or clinical privileges—a
• State v. Robb Melhus Wallin
  Fla. 2d DCA· 2023-08-18
  The State appealed an order suppressing evidence found in a motel room. The trial court suppressed the evidence, finding officers violated Florida's knock-and-announce statute. The appellate court reversed, holding the statute does not apply when officers enter a room with an ope
• State v. A.G.
  Fla. 4th DCA· 2023-05-03
  The State appealed a juvenile court's disposition, arguing that a mandatory fifteen-day detention period was not imposed for carrying a concealed firearm. The appellate court reversed the lower court's decision, holding that the offense of carrying a concealed firearm inherently
• State v. A.G.
  Fla. 4th DCA· 2023-05-03
  A charging document alleging the offense of carrying a concealed firearm sufficiently alleges possession of a firearm to trigger the fifteen-day mandatory minimum secure detention requirement under section 790.22(9)(a), Florida Statutes. The statute does not require the charging
• Laura's Learning & Enrichment Ctr. v. Dept. of Child. & Families
  Fla. 2d DCA· 2022-12-02
  The appellate court reversed the Department of Children and Families' denial of a child care license renewal. The court found the Department erred in concluding the owner lacked "good moral character" based solely on a verified abuse report, as the relevant statute requires an as
• United Auto. Ins. Co. v. Lauderhill Med. Ctr., LLC
  Fla. 4th DCA· 2022-11-09
• Lafe Travis Best v. State
  Fla. 5th DCA· 2022-08-26
  The sexual predator designation was affirmed because the defendant forfeited the issue by failing to raise the specific statutory argument—that conspiracy does not constitute the substantive offense of sexual battery—at the trial court level. Although the statutory interpretation
• Robert J. Hanopole, D.C., P.A. v. State Farm Mut. Auto. Ins. Co.
  Fla. 4th DCA· 2022-08-10
  The appellate court reversed a lower court's dismissal of a provider's PIP benefits action, holding that the provider was not required to attach a copy of the insured's assignment of benefits to its initial complaint. The court found that while an assignment is necessary for stan
• Your Support Solution, P.A. v. Belkys Ovalles
  Fla. 3d DCA· 2022-07-27
  Contingency fee agreements for legal representation to recover post-judgment child support arrearages are enforceable under Florida Rule of Professional Conduct 4-1.5(f)(3)(A) because the rule prohibits contingency fees only when contingent on the amount of support being secured,
• City of Miami Gardens v. City of N. Miami Beach
  Fla. 3d DCA· 2022-07-20
  Section 180.191, Florida Statutes waives sovereign immunity for municipalities in utility surcharge disputes, permitting claims for refunds of illegally exacted fees. Miami Gardens stated a valid cause of action under section 180.191 by alleging that NMB was not operating the Nor
• Havana Docks Corp. v. Carnival Corp.
  S.D. Fla.· 2022-06-22
  The court held that the plain language of the Helms-Burton Act dictates that a plaintiff is entitled to the greater of the certified claim amount or the fair market value, and a defendant cannot use the rebuttable presumption to argue for a lower damages amount.
• Aquilino Mayorga v. State
  Fla. 3d DCA· 2022-06-15
  Florida Statute § 316.605(1) unambiguously requires that license plates and their markings be clear, distinct, and legible from 100 feet, and when statutory language is clear, courts need not employ principles of statutory construction.
• L.S. v. State
  Fla. 4th DCA· 2022-06-08
  The appellate court affirmed a delinquency adjudication, holding that a statute requiring a judge to discuss a child's feelings about an offense before disposition does not apply to post-probation violation hearings. The court also found that even if it did apply, the failure to
• Caldwell v. State
  Fla. 4th DCA· 2022-05-18
  The appellate court affirmed a defendant's convictions for violating pretrial release conditions by contacting a victim while still in jail, holding that such violations can occur before release. However, it reversed the imposition of a mental health evaluation as a special condi
• Cintron v. State
  Fla. 2d DCA· 2022-04-20
  The appellate court reversed a conviction for dealing in stolen property, finding that the trial court improperly instructed the jury on two statutory inferences. The court held that the State failed to establish the fair market value of the property and that the defendant was no
• Jones v. McKinney
  Fla. 2d DCA· 2022-04-20
  The appellate court reversed a probate court order that allowed a judgment creditor to execute on an estate asset, overriding statutory claims priority. The court held that the judgment lien did not qualify for an exception to the priority statute, despite equitable consideration
• Philip Morris USA Inc. v. Gore
  Fla. 4th DCA· 2022-04-13
  Philip Morris appeals a trial court judgment awarding Gore $2,515,086.53 in attorney's fees and costs in an Engle progeny wrongful death action pursuant to a Proposal for Settlement. The central dispute concerns whether Philip Morris is entitled to a setoff against the attorney's
• ALL Ins. Restoration Servs., Inc. v. Am. Intergrity Ins. Co. of Fla.
  Fla. 4th DCA· 2022-03-23
  The appellate court reversed a trial court's dismissal of a breach of contract claim. The trial court had ruled that an assignment of post-loss insurance benefits for homestead property was invalid because it didn't comply with statutes governing real property transfers. The appe
• ALL Ins. Restoration Servs., Inc. v. Am. Intergrity Ins. Co. of Fla.
  Fla. 4th DCA· 2022-03-23
  A restoration services company assigned homestead insurance benefits from homeowners to secure payment for water mitigation work. The insurer argued the assignment violated Florida's homestead constitutional protections and statutory conveyance requirements. The court reversed th
• Futch v. Haney
  Fla. 2d DCA· 2021-10-13
  The appellate court reversed a lower court's decision that denied a surviving spouse's petition for an extension to elect an elective share. The court held that the spouse's timely petitions for extension tolled the deadline for making the election, aligning with Florida's public
• Dep't of Child. & Families v. Manners
  Fla. 5th DCA· 2021-09-29
  The Florida Fifth District Court of Appeal reversed a trial court's dismissal of the Department of Children and Families' petition for a child abuse injunction, holding that section 39.504(3) permits courts to consider hearsay evidence at injunction hearings—including a child's s
• V.R. v. Dep't of Child. & Families
  Fla. 4th DCA· 2021-09-15
  This case addresses whether a circuit court properly denied an adoption entity's motion to intervene in a termination of parental rights proceeding when only the father, but not the mother, executed a consent for adoption. The court holds that under Florida Statute § 63.082(6), t
• State v. Wright
  Fla. 5th DCA· 2021-08-20
  An acting state attorney appointed under Florida law has all the powers of a state attorney and may authorize wiretap applications under section 934.07, Florida Statutes, because the statute uses the plain language "any state attorney" without limiting it to elected state attorne
• City of Holmes Beach v. Coral Escape of Holmes Beach, LLC
  Fla. 2d DCA· 2021-08-18
  This case concerns whether a city is entitled to attorney's fees after prevailing in a property rights lawsuit. The appellate court found that the city's response, which proposed no changes to its prior action, constituted a "bona fide settlement offer" under the statute, reversi
• Viera v. Novation Ventures, LLC
  Fla. 4th DCA· 2021-08-18
  A prevailing party is entitled to costs as a matter of right under Florida Rule of Civil Procedure 1.420(d) when an action is dismissed for failure to prosecute, and the trial court errs in denying such a costs motion.