Plain Language Statutory Construction

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

• Clark v. State
  170 So. 3d 69· Fla. 5th DCA· 2015-05-29
  Petitioners challenged a circuit court's reversal of a trial court's dismissal of red light camera traffic citations on the ground that photographic and video evidence from red light cameras must be authenticated before admission. The Fifth District Court of Appeal denied certior
• Taylor Morrison Servs., Inc. v. Ecos
  163 So. 3d 1286· Fla. 1st DCA· 2015-05-28
  Taylor Morrison Services, Inc. appealed a judgment finding it was an unlicensed contractor for constructing a home with construction defects. The First District Court of Appeal reversed, holding that a contractor's licensure status is determined solely by whether it has a qualify
• Katharine Newborn v. Isbell
  165 So. 3d 16· Fla. 1st DCA· 2015-04-22
  Katharine Newborn appeals the denial of her motion for attorneys' fees under Florida's power-of-attorney statute (§ 709.08(11)) after obtaining a stipulated judgment against the trustee for civil conspiracy to violate the attorney-in-fact's duties. The court holds that § 709.08(1
• Cent. Fla. Reg'l Transp. Auth. v. Post-Newsweek Stations, Inc.
  157 So. 3d 401· Fla. 5th DCA· 2015-01-30
  LYNX appeals a declaratory judgment holding that bus security camera footage is not exempt from Florida's Public Records Act. The Fifth District reverses, holding that video footage from LYNX buses' surveillance system directly relates to and reveals the agency's security system
• City OF Miami Beach & Johns E. Co. Inc. v. Marten
  153 So. 3d 963· Fla. 1st DCA· 2014-12-30
  The First District reversed a workers' compensation judge's award of penalties and interest for late impairment income benefits, holding that the statutory 20-day payment deadline runs from when the employer obtains knowledge of the permanent impairment rating, not from the date
• Oster v. DHSMV
  15th Cir. Ct. App. Div.· 2014-11-24
  A medical doctor's driver's license was revoked by DHSMV following his conviction for unlawful prescription of a controlled substance. The court granted his petition for writ of certiorari, holding that DHSMV's revocation was clearly erroneous because unlawful prescription is not
• CBS Outdoor Inc. v. Fla. Dep't of Transp.
  124 So. 3d 383· Fla. 1st DCA· 2013-10-23
  CBS Outdoor and SLG Investments owned nonconforming billboard signs along Interstate 95 that were screened by an FDOT sound barrier. The court affirmed FDOT's dismissal of their petition for administrative relief, holding that Florida Statute § 479.25 provides remedies only to ow
• Driscoll v. State
  111 So. 3d 945· Fla. 2d DCA· 2013-04-19
  Driscoll, a sexual predator on probation for crimes committed in 1994-1995, challenged the trial court's imposition of standard probation conditions under Florida Statute § 948.30(1). The appellate court agreed that these statutory conditions did not apply because the statute's e
• Smith v. R.J. Reynolds Tobacco Co.
  103 So. 3d 955· Fla. 2d DCA· 2012-12-14
  The Second District Court of Appeal reversed the circuit court's dismissal of a tobacco personal injury action brought by Della Mae Butler, holding that when a plaintiff dies pending litigation, the personal representative may be substituted and the complaint amended to assert a
• MVK v. State
  93 So. 3d 521· Fla. 1st DCA· 2012-07-31
  Florida appellate court affirmed the trial court's imposition of maximum-risk residential placement for a minor adjudicated delinquent for grand theft auto who had previously completed two high-risk residential programs, holding that § 985.494(1) mandates such placement regardles
• Verabella Falls Condo. v. Sosa
  77 So. 3d 815· Fla. 3d DCA· 2012-01-04
  Service of process on a registered agent of a corporation qualified to transact business in Florida may be made on any employee of the registered agent and need not comply with the hierarchical corporate officer requirements of § 48.081(1)(a)-(d), as § 48.081(3)(a) provides an in
• Tr. Care Health Servs. v. Agency for Health Care Admin.
  50 So. 3d 13· Fla. 3d DCA· 2010-10-06
  Trust Care Health Services appealed the denial of its change of ownership application by the Agency for Health Care Administration (AHCA), which was based on the proposed new owner's (Roberto Marrero) prior involvement with All Med Network Corp., a home health agency terminated f
• Robertson v. Deeb
  16 So. 3d 936· Fla. 2d DCA· 2009-08-14
  Robertson appeals the denial of his claim that an inherited IRA should be exempt from garnishment under Florida's creditor exemption statute. The court holds that inherited IRAs do not qualify for the exemption because the statute applies only to the original 'fund or account' an
• Hunt v. Hooper
  996 So. 2d 940· Fla. 2d DCA· 2008-12-12
  The Children appealed a trial court's dismissal of their undue influence and breach of fiduciary duty claims against the Trustee under Florida's forum non conveniens statute for trusts (section 737.203). The court reversed, holding that section 737.203 applies only to trusts with
• Germ v. ST. Luke's Hosp. Ass'n
  993 So. 2d 576· Fla. 1st DCA· 2008-10-24
  Parents of a child born prematurely following the mother's ruptured appendix appealed a summary judgment dismissing their medical malpractice claims against two physicians as barred by Florida's statute of limitations. The court held that the 1996 Amendment to Florida's medical m
• Vetter v. Dep't of Bus. & Prof'l Reg.
  920 So. 2d 44· Fla. 2d DCA· 2005-12-14
  The court affirmed in part and reversed in part a final order revoking a contractor's license, imposing a fine, and ordering restitution, finding the Board erred in setting the fine by including a withdrawn violation.
• Montgomery v. State
  897 So. 2d 1282· Fla.· 2005-03-17
  The Florida Supreme Court resolved a conflict among district courts regarding whether a plea of nolo contendere (no contest) followed by a withheld adjudication constitutes a prior conviction for criminal sentencing purposes. The Court held that such pleas count as prior convicti
• Borys v. State
  824 So. 2d 204· Fla. 2d DCA· 2002-07-10
  William Borys was stopped by police for improper display of a temporary vehicle tag, but the officer determined the tag was valid before requesting his driver's license. The court held that once the officer confirmed the tag's validity, any further detention was unjustified, requ
• Williams v. State
  748 So. 2d 1058· Fla. 3d DCA· 1999-12-08
  Florida appellate court reversed defendant's prison releasee reoffender sentence because the statute applies only to releases from Florida Department of Corrections facilities, not out-of-state prisons.
• Johnson v. State
  715 So. 2d 1017· Fla. 2d DCA· 1998-07-22
  Antonio Johnson appeals the denial of his Rule 3.850 postconviction motion challenging his sentencing guidelines scoresheet. The court finds a patent computational error in how attempted kidnapping was scored and reverses, holding that attempted kidnapping must be scored one leve
• Nalle v. Commissioner OF Internal Revenue
  997 F.2d 1134· 5th Cir.· 1993-08-16
  A treasury regulation imposing a relocation restriction on qualified rehabilitated buildings for tax credit purposes is an invalid interpretation of the statute when the statute itself does not contain such a restriction.
• In re A.H. Robins Co. v. Dalkon Shield Claimants Tr.
  996 F.2d 716· 4th Cir.· 1993-06-22
  The Soldiers' and Sailors' Civil Relief Act of 1940 tolls the period for filing claims in a Chapter 11 bankruptcy reorganization for military personnel on active duty.
• Beryl P. Williamson v. Comm'r Internal Revenue Serv.
  974 F.2d 1525· 9th Cir.· 1992-09-14
  The dissenting judge argues that the property should not be subject to recapture tax because the statute's plain language and purpose indicate that a qualified heir's lease of the family farm to another family member who actively farms it constitutes continued qualified use.
• Harco Holdings v. United States
  977 F.2d 1027· 7th Cir.· 1992-07-24
  The court held that 'unpaid losses' in the context of the life insurance company tax statute refers only to unaccrued unpaid losses, not accrued unpaid losses.
• Phillips Petroleum Co., Inc. v. State
  584 So. 2d 106· Fla. 4th DCA· 1991-07-31
  The court held that the Motor Fuel Marketing Practices Act, as written prior to amendment, did not prohibit a refiner from selling gasoline at its company-operated retail stations at prices lower than it sold to independent jobbers, because retail sales are not sales 'for resale'
• D.J. LEE, M.D., Inc. v. Commissioner OF Internal Revenue
  931 F.2d 418· 6th Cir.· 1991-05-01
  The court held that the 5% excise tax under § 4971(a) applies to all accumulated funding deficiencies, regardless of whether they are intentional or unintentional.
• Roemelmeyer v. D.M.B. Corp. (In re Berman)
  1989 U.S. Dist. LEXIS 812· S.D. Fla.· 1989-01-25
  The court held that a security interest granted after a loan is made does not qualify for the enabling loan exception under 11 U.S.C. § 547(c)(3)(A)(i) because the new value must be given at or after the signing of the security agreement.
• Syufy v. United States
  818 F.2d 1457· 9th Cir.· 1987-06-04
  The court held that I.R.C. § 1491 does not apply to a 1972 transfer of appreciated securities for a private annuity of equal value, where the annuity payments are subject to federal income and capital gains taxes and are properly reported.
• Egger v. Egger
  506 So. 2d 1168· Fla. 3d DCA· 1987-05-12
  The court held that the statute of limitations barring claims against property conveyed by an heir does not apply when the heirs' identities were determined in probate proceedings.
• United Mine Workers of Am. v. W. A. (Tony) Boyle
  567 F.2d 112· D.C. Cir.· 1977-09-01
  The court held that the spendthrift provision of the UMWA pension fund does not violate the public policy stated in 29 U.S.C. § 501(a) because it is not a general exculpatory provision.
• Dock Odell Thompson v. State
  342 So. 2d 52· Fla.· 1976-11-30
  A gubernatorial executive order constitutes valid authorization under Florida Statutes § 943.04(2)(a) for the Department of Criminal Law Enforcement to obtain and execute search warrants without prior promulgation of administrative rules, and the statute does not unconstitutional