Plain Meaning Rule

2,382 Florida cases classified under this topic, plus 953 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Kokay v. S.C. Ins. Co.
  380 So. 2d 489· Fla. 3d DCA· 1980-02-19 ·cited 24×
  The court interpreted Florida's anti-stacking statute (§ 627.4132) to permit stacking of uninsured motorist (UM) coverage when policies have different named insureds. A minor killed by an uninsured motorist was an additional insured under two separate policies with different name
• State Liquor Stores #1 v. United States Fire Ins. Co.
  243 So. 2d 228· Fla. 1st DCA· 1971-01-26 ·cited 24×·via Plain Language Rule
  Three liquor store operators appealed a directed verdict dismissing their claim under a robbery insurance policy. The court affirmed, holding that money stolen from the president's home was not covered because it was not being "conveyed by a messenger" as required by the policy's
• Campbell v. State
  240 So. 2d 298· Fla.· 1970-10-14 ·cited 24×
  Campbell was convicted under Florida's child abuse statute for beating and whipping his seven-year-old stepdaughter. He appealed claiming the statute was unconstitutionally vague, arguing that the terms "unnecessarily or excessively" failed to provide fair notice of prohibited co
• Samuel B. Franklin & Co. v. Sec. & Exch. Comm'n
  290 F.2d 719· 9th Cir.· 1961-05-01 ·cited 24×
  The timely filing of a petition for agency reconsideration tolls the sixty-day period for appeal to this court, and an appeal taken within sixty days from the termination of the petition for reconsideration is timely. The SEC's finding that petitioner sold and purchased securitie
• Hennesey v. Sec. & Exch. Comm'n
  285 F.2d 511· 3d Cir.· 1961-01-10 ·cited 24×
  A party seeking judicial review of an agency order may raise objections that were effectively urged before the agency by any party or participant, not solely those urged by the reviewing party themselves.
• Ketan Kumar v. Nirav C. Patel
  227 So. 3d 557· Fla.· 2017-09-28 ·cited 23×
  The Florida Supreme Court held that a defendant's Stand Your Ground immunity determination in a criminal proceeding does not bind a civil plaintiff and therefore does not confer immunity from civil liability. The Court rejected the Second District's interpretation that the statut
• License Acquisitions, LLC v. Debary Real Est. Holdings, LLC
  155 So. 3d 1137· Fla.· 2014-11-26 ·cited 23×
  The Florida Supreme Court held that section 550.054(14)(a), which permits holders of dormant jai alai permits in counties with exactly two pari-mutuel permits to convert to greyhound racing permits, is a valid general law rather than an unconstitutional special law. The Court rev
• Wiley v. State
  125 So. 3d 235· Fla. 4th DCA· 2013-02-27 ·cited 23×·via Plain Language Of Statute
  Eric Wiley appeals his life sentence with a 25-year mandatory minimum under Florida's 10/20/Life statute for third-degree murder committed with a firearm discharge that killed another person. The Fourth District Court of Appeal affirms, holding that the statute applies regardless
• D.A. v. Dep't OF Child. & Fam. Servs.
  84 So. 3d 1136· Fla. 3d DCA· 2012-03-28 ·cited 23×
  Father appeals from a dependency adjudication of his minor child based on his untreated mental health disorder and substance abuse problems. The court affirms the adjudication, holding that prospective risk of harm—not actual harm—may support a dependency finding for a parent in
• Citizens Prop. Ins. Corp. v. Garfinkel
  25 So. 3d 62· Fla. 5th DCA· 2009-12-18 ·cited 23×
  Citizens Property Insurance Corporation, a state entity created to provide affordable property insurance in Florida, sought a writ of prohibition to prevent a trial court from proceeding with a first-party bad faith claim. The court held that Citizens is immune from bad faith cla
• Just. Admin. Comm'n v. Peterson
  989 So. 2d 663· Fla. 2d DCA· 2008-07-23 ·cited 23×·via Plain Language Rule
  The Justice Administrative Commission (JAC) sought a writ of certiorari to quash a circuit court order requiring it to pay attorney's fees for court-appointed counsel representing a nonparent legal custodian (a grandfather) in a juvenile dependency proceeding. The appellate court
• Idearc Media Corp. v. M.R. Friedman & G.A. Friedman, P.A.
  985 So. 2d 1159· Fla. 3d DCA· 2008-06-18 ·cited 23×
  Idearc Media Corp. (Verizon Yellow Pages) appealed a trial court's denial of its motion to compel arbitration of a dispute with Friedman regarding recovery of advertising fees paid under their contract. The Florida appellate court affirmed, holding that the contract's arbitration
• Belize Telecom, Ltd. v. Gov't OF Belize
  528 F.3d 1298· 11th Cir.· 2008-05-28 ·cited 23×·via Plain Language Rule
  Belize Telecom and Innovative Communications Company appealed a district court judgment that upheld the Government of Belize's removal of six directors from the BTL board, arguing the Government breached their share pledge and payment agreements and the BTL Articles of Associatio
• Godfrey v. State
  947 So. 2d 565· Fla. 1st DCA· 2006-12-28 ·cited 23×
  Tyrone Leon Godfrey appealed his convictions for two counts of possession of cocaine after entering a no-contest plea. The First District Court of Appeal reversed the convictions, finding they violated double jeopardy principles because the State charged him separately for crack
• Brown v. State
  848 So. 2d 361· Fla. 4th DCA· 2003-04-16 ·cited 23×
  Joe Brown was convicted of robbery by sudden snatching after a victim's purse was taken from a park bench where she had placed it. The appellate court reversed, holding that the trial court erroneously instructed the jury on the meaning of "possession" and that the evidence did n
• Fajardo v. State
  805 So. 2d 961· Fla. 2d DCA· 2001-11-21 ·cited 23×
  Three defendants appealed convictions for possessing altered INS cards under Florida Statute § 322.212(1)(c), which prohibits possession of forged identification cards. The court affirmed, holding that the statute's plain language covers federal government-issued identification c
• Cordette Woodham v. Blue Cross & Blue Shield OF Fla., Inc.
  793 So. 2d 41· Fla. 3d DCA· 2001-05-30 ·cited 23×
  Cordette Woodham, an African-American employee, appealed a summary judgment dismissing her Florida Civil Rights Act claim against her former employer Blue Cross and Blue Shield of Florida. The court held that Woodham was required to pursue administrative remedies under section 76
• Corfan Banco Asuncion Paraguay v. Ocean Bank
  715 So. 2d 967· Fla. 3d DCA· 1998-06-10 ·cited 23×
  Corfan Bank appealed a summary judgment in favor of Ocean Bank after a wire transfer intended for one account number was initially sent to a nonexistent account number, then corrected with a second transfer. The court reversed the summary judgment on the UCC statutory claim and a
• Okaloosa Cnty. v. Custer
  697 So. 2d 1297· Fla. 1st DCA· 1997-08-19 ·cited 23×
  Okaloosa County petitioned for certiorari after the denial of its motion to dismiss a medical malpractice complaint, arguing the respondent failed to comply with presuit requirements by not timely providing a corroborating medical expert opinion.
• Jones v. The Auto. Ins. Co. OF Hartford
  917 F.2d 1528· 11th Cir.· 1990-09-04 ·cited 23×·via Plain Language Statutory Construction
  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
• Smith v. Fid. Consumer Disc. Co. & Silver
  898 F.2d 907· 3d Cir.· 1989-06-27 ·cited 23×
  The Depository Institutions Deregulation and Monetary Control Act of 1980 preempts state usury laws for loans secured by a first lien on residential property, regardless of the loan's purpose.
• Boston Edison Co. v. Fed. Energy Regulatory Comm'n
  856 F.2d 361· 1st Cir.· 1988-09-06 ·cited 23×
  The court held that the contract language unambiguously foreclosed recovery of plant addition interest costs (PAI) and that FERC correctly excluded extrinsic evidence. The court also affirmed FERC's authority to order refunds for improperly billed PAI charges, notwithstanding a c
• Polly Ann Powell v. Tucson AIR Museum Found. OF Pima Cnty.
  771 F.2d 1309· 9th Cir.· 1985-09-18 ·cited 23×
  The dissent argues that the FLSA should apply to the Tucson Air Museum because it constitutes an 'activity of a public agency' under 29 U.S.C. § 203(s)(6), despite the majority's restrictive interpretation.
• Pusey v. Pusey
  386 So. 2d 269· Fla. 3d DCA· 1980-05-20 ·cited 23×
  The court affirmed the denial of a husband's petition to modify alimony based on his former wife receiving funds from her uncle's estate, and affirmed the increase in alimony awarded to the wife, but reversed the award of attorney's fees and costs.
• Fla. Real Est. Comm'n v. McGREGOR
  268 So. 2d 529· Fla.· 1972-11-01 ·cited 23×
  The Florida Supreme Court reversed the District Court of Appeal's decision that exempted corporate employees from real estate licensing requirements under Florida Statutes Section 475.01(2). The Court held that the plain language of the licensing statute governs and courts cannot
• Westchester Gen. Hosp., Inc. v. Evanston Ins. Co.
  48 F.4th 1298· 11th Cir.· 2022-09-16 ·cited 22×
  The court held that the insurer has a duty to defend the insured hospital because the alleged sexual assault and the hospital's administrative negligence in hiring and supervision do not fall under the policy's Professional Services Exclusion or Bodily Injury Exclusion.
• State v. Tuttle
  177 So. 3d 1246· Fla.· 2015-11-12 ·cited 22×
  The Florida Supreme Court resolved a conflict among district courts regarding which conviction must be vacated when a defendant is convicted of overlapping crimes where the lesser offense (by statutory elements) carries a greater punishment than the greater offense. The Court hel
• Fla. Dep't OF Transp. v. Clipper BAY Invs., LLC
  160 So. 3d 858· Fla.· 2015-03-26 ·cited 22×
  The Florida Supreme Court resolved a conflict between district courts regarding whether the Marketable Record Title Act's exceptions apply to rights-of-way held in fee by the Department of Transportation. The Court held that rights-of-way exceptions protect DOT's entire fee estat
• State v. Zachariah Dorsett
  158 So. 3d 557· Fla.· 2015-02-26 ·cited 22×
  The Florida Supreme Court held that prosecution for violating the hit-and-run statute (section 316.027) requires proof of the driver's actual knowledge of being involved in a crash, not merely constructive knowledge. The Court approved the Fourth District's reversal of Dorsett's
• Aventura Mgmt., LLC v. Spiaggia Ocean Condo. Ass'n, Inc.
  105 So. 3d 637· Fla. 3d DCA· 2013-01-23 ·cited 22×
  Aventura Management appeals a summary judgment against it regarding liability for past due condominium assessments. The court reversed, holding that under Florida Statute § 718.116(1)(a), a condominium association that becomes an intervening owner through foreclosure remains join
• J.M. v. Gargett
  101 So. 3d 352· Fla.· 2012-10-04 ·cited 22×
  The Florida Supreme Court resolved a conflict between district courts regarding whether a trial court may impose consecutive sentences in secure detention for a juvenile who commits multiple violations of a single probation order. The Court held that section 985.037(2) authorizes
• Bryson v. State
  42 So. 3d 852· Fla. 1st DCA· 2010-08-10 ·cited 22×
  Appellant Bryson challenged the denial of his motion to dismiss an attempted armed robbery charge based on the statute of limitations. The court affirmed, holding that Florida's extended statute of limitations for crimes solved through DNA analysis applied to his case, permitting
• Samples v. Florida Birth-Related Neurological
  40 So. 3d 18· Fla. 5th DCA· 2010-06-18 ·cited 22×
  Parents of a child with birth-related neurological injuries appealed an administrative award of $100,000 in parental compensation, arguing the statute should be construed to allow $100,000 per parent rather than a single $100,000 award to both parents jointly. The court affirmed
• United Auto. Ins. Co. v. Salgado
  22 So. 3d 594· Fla. 3d DCA· 2009-08-05 ·cited 22×
  United Automobile Insurance Company sought certiorari review of a circuit court decision affirming a declaratory judgment that an insured's no-fault motor vehicle insurance policy remained valid despite the insurer's attempt to rescind it for material misrepresentation. The Flori
• Wood v. Fla. Rock Indus. & Crawford & Co.
  929 So. 2d 542· Fla. 1st DCA· 2006-02-13 ·cited 22×
  A worker's compensation attorney appealed a judge of compensation claims' (JCC) decision limiting his attorney's fee to $229.70 (20% of $1,148.50 in benefits secured) rather than the $3,340.00 he claimed based on hourly services rendered. The court affirmed, holding that the 2003
• Goble v. Frohman
  901 So. 2d 830· Fla.· 2005-04-28 ·cited 22×
  The Florida Supreme Court held that contractual discounts negotiated by an HMO and written off by medical providers constitute 'collateral sources' subject to setoff under section 768.76, reducing a tort judgment by the amount of the discounts. The Court answered a certified ques
• Johnson v. Johnson
  848 So. 2d 1272· Fla. 2d DCA· 2003-07-11 ·cited 22×
  Linda Johnson appeals the trial court's order enforcing a mediation agreement provision regarding her former husband's obligation to pay for minor children's medical expenses. The court reversed, holding that the trial court erroneously imposed an obligation on the former wife to
• City OF Miami v. Valdez
  847 So. 2d 1005· Fla. 3d DCA· 2003-04-23 ·cited 22×
  The City of Miami appealed a judgment requiring it to pay Marcos Valdez $100,000 under Florida's sovereign immunity tort statute. The court held that amounts awarded through legislative claims bills do not count toward the per-claim and per-incident caps in section 768.28, allowi
• Fluet v. Fla. Birth-Related Neurological Injury Comp. Ass'n
  788 So. 2d 1010· Fla. 2d DCA· 2001-03-07 ·cited 22×·via Plain Language Of Statute
  A physician who authorizes the use of Pitocin during a delivery has 'delivered' obstetrical services, even if not physically present in the delivery room.
• Anderson v. Singletary
  111 F.3d 801· 11th Cir.· 1997-04-18 ·cited 22×
  The Eleventh Circuit held that the filing fee requirements of the Prison Litigation Reform Act of 1995 do not apply to habeas corpus proceedings under 28 U.S.C. §§ 2254 and 2255. Although habeas corpus proceedings are technically civil in nature, they are hybrid actions sui gener
• Modder v. Am. Nat'l Life Ins. Co. of Tex.
  688 So. 2d 330· Fla.· 1997-02-20 ·cited 22×
  The Florida Supreme Court held that the exclusionary provision of section 627.6515(2) exempts out-of-state group health insurance policies from the attorney's fee liability imposed by section 627.6698, and that ANTEX's policy issued to the National Business Association qualified
• Whitaker v. Dep't of Ins. & Treas.
  680 So. 2d 528· Fla. 1st DCA· 1996-06-13 ·cited 22×
  Kenneth Whitaker, an insurance agent, challenged the Department of Insurance's revocation of his licenses. The court reversed the department's findings regarding violations of section 626.9541(l)(x)4 (refusal to insure) and section 626.621(6) (detrimental to public interest), fin
• Terminix Int'l Co., L.P. v. Horst Michaels and Renate Michaels
  668 So. 2d 1013· Fla. 4th DCA· 1996-02-07 ·cited 22×
  Terminix sought to compel arbitration of personal injury claims arising from pesticide application at the Michaels' home under an arbitration clause in the termite protection plan contract. The court affirmed the trial court's denial of the motion, holding that personal injury cl
• Yapp v. Reno
  26 F.3d 1562· 11th Cir.· 1994-08-03 ·cited 22×
  Genevieve Yapp, arrested in The Bahamas for drug trafficking in 1986, failed to appear for trial and was sought for extradition by the United States in 1988. Yapp argued that Article 5 of the 1931 Extradition Treaty between the United States and The Bahamas barred her extradition
• United States v. Hill
  971 F.2d 1461· 10th Cir.· 1992-08-04 ·cited 22×·via Plain Language
  A person can be convicted of conspiracy to violate 18 U.S.C. § 924(c)(1), and acquittal on the underlying drug offenses does not preclude conviction for the firearms conspiracy.
• Madison Galleries, Ltd. v. The United States
  870 F.2d 627· Fed. Cir.· 1989-03-08 ·cited 22×·via Plain Language Rule
  Articles imported directly from a beneficiary developing country (BDC) are eligible for duty-free treatment if the direct cost of processing operations performed in the BDC is at least 35 percent of the appraised value, even if the article is the growth, product, or manufacture o
• Georgia-Pacific Corp. v. Local 27
  864 F.2d 940· 1st Cir.· 1988-12-30 ·cited 22×·via Plain Language Rule Of Contract Interpretation
  An arbitrator exceeds their authority when they ignore the plain language of a collective bargaining agreement, such as provisions allowing immediate discharge for dishonesty, by substituting their own judgment or 'industrial justice'.
• LSI Computer Sys., Inc. v. United States Int'l Trade Comm'n
  832 F.2d 588· Fed. Cir.· 1987-10-30 ·cited 22×
  A non-party who is adversely affected by the ITC's final determination is entitled to appeal under 19 U.S.C. § 1337(c).
• Tex. State Comm'n FOR THE Blind & State of Tex. v. The United States
  796 F.2d 400· Fed. Cir.· 1986-06-26 ·cited 22×
  The dissenting judges would interpret the statute according to its plain language, disagreeing with the majority's broader interpretation.
• The United States Shoe Corp. v. Hackett
  793 F.2d 161· 7th Cir.· 1986-06-13 ·cited 22×
  The court held that a merger does not automatically discharge a guaranty, and that the ambiguity of the 'd/b/a Graebel's' clause creates a genuine dispute of material fact requiring trial.