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

• United States v. Diaz
  778 F.2d 86· 2d Cir.· 1985-11-21 ·cited 22×·via Plain Language Statutory Construction
  The court held that narcotics offenses do not inherently constitute 'crimes of violence' under 18 U.S.C. § 924(c), and reversed the conviction on that count.
• Cal. Hosp. Ass'n v. Henning
  770 F.2d 856· 9th Cir.· 1985-09-06 ·cited 22×·via Plain Language Rule
  The court held that the Department of Labor regulation excluding unfunded vacation pay from the definition of employee welfare benefit plans under ERISA is valid.
• Paskel v. Heckler
  768 F.2d 540· 3d Cir.· 1985-07-23 ·cited 22×
  The court held that the Secretary's regulation limiting the application of Section 301 of the Social Security Disability Amendments of 1980 was invalid because it added a requirement not present in the statute. The court also rejected the Secretary's sovereign immunity argument r
• Fla. Waterworks Ass'n v. Fla. Pub. Serv. Comm'n
  473 So. 2d 237· Fla. 1st DCA· 1985-07-15 ·cited 22×
  Water utilities and home builders challenged the Florida Public Service Commission's rules governing contributions in aid of construction (CIAC) for regulated utilities. The First District Court of Appeal affirmed the validity of the rules, holding that the Commission had statuto
• Nat'l Treas. Emps. Union v. Devine
  733 F.2d 114· D.C. Cir.· 1984-04-27 ·cited 22×
  The court held that a congressional appropriations measure, H.R.J.Res. 413, barred the implementation, administration, and enforcement of OPM's final personnel regulations, rendering them null and void as long as OPM's funding derived from that resolution.
• Persinger v. Islamic Republic of Iran
  729 F.2d 835· D.C. Cir.· 1984-03-13 ·cited 22×
  The court held that 28 U.S.C. § 1605(a)(5) does not apply to claims for mental and emotional distress suffered in the U.S. caused by a foreign state's tortious act abroad.
• State v. Stewart
  374 So. 2d 1381· Fla.· 1979-09-06 ·cited 22×·via Plain And Ordinary Meaning
  The Florida Supreme Court held that an information charging the sale of marijuana need not allege prior drug convictions, consideration for the delivery, or that the amount exceeded five grams to constitute a felony charge. The Court overruled the overly broad language in Patters
• United States v. Denson
  588 F.2d 1112· 5th Cir.· 1979-02-05 ·cited 22×
  The court held that 18 U.S.C.A. § 3651 prohibits granting probation for offenses punishable by death or life imprisonment, regardless of whether such a sentence is mandatory. The court also held that a direct appeal, not mandamus, was the proper procedural vehicle for the governm
• Bingham v. Manson
  363 So. 2d 370· Fla. 1st DCA· 1978-09-21 ·cited 22×
  This interlocutory appeal addresses whether a trial court may transfer a case back to its original county under Florida's convenience statute. The court held that the convenience statute only permits transfers to counties where the action could have originally been brought under
• Doyon v. Bristol BAY Native Corp.
  569 F.2d 491· 9th Cir.· 1978-02-03 ·cited 22×
  The court should affirm the district court's decision, as the Secretary's interpretation of the statute is not supported by legislative history and attempts to alter clear statutory language.
• Robin v. SUN OIL Co.
  548 F.2d 554· 5th Cir.· 1977-03-11 ·cited 22×
  The court held that the trial court erred in equating 'liability in damages to the plaintiff' with 'negligence' in interpreting the settlement agreement, as Teledyne, as the employer, had immunity from such tort liability under the Longshoremen's and Harbor Workers' Compensation
• Johnson v. Wilson
  336 So. 2d 651· Fla. 1st DCA· 1976-08-20 ·cited 22×
  The court held that Florida's Police Officers' Bill of Rights (Chapter 74-274) does not apply to the constitutional office of Sheriff, as sheriffs are not municipalities, the state, or political subdivisions, and deputy sheriffs are appointed officers rather than employees. Johns
• Barbee v. United States
  392 F.2d 532· 5th Cir.· 1968-02-21 ·cited 22×
  The court held that possession of altered currency with intent to defraud, even without intent to pass the altered currency, violates 18 U.S.C. § 472.
• Mitchell v. Covington Mills, Inc.
  229 F.2d 506· D.C. Cir.· 1955-12-01 ·cited 22×
  The dissenting judge believes the Walsh-Healey Act establishes a wage standard based on the contractor's community, not a nationwide standard.
• Busey v. Deshler Hotel Co.
  130 F.2d 187· 6th Cir.· 1942-07-08 ·cited 22×
  The court held that entertainment provided in a hotel dining room, even without a separate admission charge, constitutes a performance for profit under the internal revenue laws, and a portion of the refreshment charges is deemed an admission charge for tax purposes.
• Joselyn Santiago v. Raytheon Techs. Corp.
  973 F.3d 1254· 11th Cir.· 2020-08-31 ·cited 21×
  The Eleventh Circuit held that CERCLA's discovery-tolling provision does not apply to public liability actions brought under the Price-Anderson Act because such actions are brought exclusively under federal law, not state law. Cynthia Santiago, exposed to radioactive thorium near
• Shepard v. State
  259 So. 3d 701· Fla.· 2018-11-01 ·cited 21×
  The Florida Supreme Court held that an automobile can constitute a weapon under Florida's reclassification statute (section 775.087(1)) when used to inflict harm, overruling the narrow definition established in State v. Houck. The Court determined that whether an object is used a
• Edwards v. Larry D. Thomas, M.D.
  229 So. 3d 277· Fla.· 2017-10-26 ·cited 21×
  The Florida Supreme Court held that Amendment 7 to the Florida Constitution grants patients broad access to any records relating to adverse medical incidents made or received in the course of business by healthcare facilities, including external peer review reports, and that this
• Allstate Fire & Cas. Ins. v. Stand-Up MRI OF Tallahassee, P.A.
  188 So. 3d 1· Fla. 1st DCA· 2015-03-18 ·cited 21×
  Allstate's insurance policies adequately notified insureds of the company's election to use Medicare fee schedules to limit Personal Injury Protection (PIP) reimbursements, satisfying the notice requirement established in Virtual Imaging v. Geico. The court reversed the county co
• Osborne v. Dumoulin
  55 So. 3d 577· Fla.· 2011-02-03 ·cited 21×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding the interpretation of section 222.25(4), Florida Statutes, which provides a $4,000 personal property exemption for debtors who do not claim or receive the benefits of the constitutional ho
• Jonathan Greenfield, M.D. v. Dorothea Daniels
  51 So. 3d 421· Fla.· 2010-11-24 ·cited 21×
  The Florida Supreme Court resolved a conflict between district courts regarding whether a child born during the mother's marriage to another man can claim survivor benefits in a wrongful death action if the decedent is the biological father. The Court held that a biological child
• Ward v. State
  986 So. 2d 479· Fla.· 2008-01-17 ·cited 21×
  The Florida Supreme Court held that a person convicted of a sexually violent offense in the past is eligible for civil commitment under the Jimmy Ryce Act if they are subsequently sentenced to total confinement after January 1, 1999, even if the current confinement is for a non-s
• Lincoln Ins. Co. v. Home Emergency Servs., Inc.
  812 So. 2d 433· Fla. 3d DCA· 2002-03-06 ·cited 21×
  Lincoln Insurance Company appealed a summary judgment requiring it to defend Home Emergency Services in a spoliation of evidence claim. The court reversed, holding that spoliation claims are not covered under general liability policies because they involve intangible interests ra
• Taylor Woodrow Constr. Corp. v. The Burke Co.
  606 So. 2d 1154· Fla.· 1992-09-17 ·cited 21×
  Respondents may not exclude recovery from taxable income unless the action was based upon tort or tort type rights, and Title VII claims do not meet this standard.
• ST. George Island, Ltd. v. Rudd
  547 So. 2d 958· Fla. 1st DCA· 1989-07-18 ·cited 21×·via Plain Language Of Statute
  St. George Island, Ltd. sought a writ of prohibition to disqualify a circuit judge who had allegedly expressed bias against a key witness during a hearing in an unrelated case. The Florida First District Court of Appeal granted the petition, holding that the judge's remark that h
• United States v. Rosenberg
  806 F.2d 1169· 3d Cir.· 1986-11-28 ·cited 21×·via Plain Language Rule
  The dissenting judge argues that the convictions and sentences for carrying explosives during a federal felony (Count 5) and for possessing unregistered explosives (Count 2) should be vacated or modified. The judge believes the former requires a connection between the explosives
• Strachan Shipping Co. v. Dresser Indus., Inc.
  701 F.2d 483· 5th Cir.· 1983-03-28 ·cited 21×
  The court held that the conference credit agreement imposed absolute liability on the shipper for the forwarder's failure to remit payment, and that the carriers did not release the shipper from this obligation.
• United States v. Kattan-Kassin
  696 F.2d 893· 11th Cir.· 1983-01-24 ·cited 21×
  Each violation that is part of a pattern of illegal activity under Section 1059(2) of the Bank Secrecy Act may be separately prosecuted as a felony.
• Gen. Accident Fire & Life Assurance Corp., Ltd. v. Kellin
  391 So. 2d 305· Fla. 4th DCA· 1980-12-10 ·cited 21×
  The court reviewed an insurance policy exclusion for windstorm damage to pool enclosures, as amended by an endorsement, to determine if a screened pool enclosure was covered.
• Versie Kimble v. D. J. McDUFFY, Inc.
  623 F.2d 1060· 5th Cir.· 1980-08-14 ·cited 21×
  The court held that the plaintiffs' allegations of injury due to filing workmen's compensation claims did not state a cause of action under clause B of 42 U.S.C. § 1985(2), as the statute requires injury on account of attending or testifying in federal court, not merely filing a
• Filkins v. Gurney
  108 So. 2d 57· Fla. 2d DCA· 1959-01-09 ·cited 21×
  Nancy Ellen Filkins, a minor beneficiary under the will of Evelyn E. Richardson, appealed the trial court's construction of a disputed provision in the will. The appellate court affirmed the trial court's interpretation, holding that where will language is unambiguous on its face
• Walling v. Consumers Co.
  149 F.2d 626· 7th Cir.· 1945-03-20 ·cited 21×
• Dear v. Q Club Hotel, LLC
  933 F.3d 1286· 11th Cir.· 2019-08-09 ·cited 20×
  The Eleventh Circuit affirmed the district court's judgment, holding that the Declaration did not permit retroactive assessment of 'Shared Costs' and that the jury's verdict on the prospective application of the cost-sharing methodology was supported by the evidence.
• State v. Miller
  227 So. 3d 562· Fla.· 2017-09-28 ·cited 20×·via Plain Language Interpretation
  The Florida Supreme Court held that possession of a valid Florida driver license is a prerequisite element for conviction under section 322.34(5), which criminalizes driving with a revoked license as a habitual traffic offender. The Court resolved a conflict among District Courts
• Headley v. City OF Miami
  215 So. 3d 1· Fla.· 2017-03-02 ·cited 20×
  The Florida Supreme Court resolved a conflict between two appellate court decisions regarding whether employers must demonstrate that funds are available from no other reasonable source before unilaterally modifying a collective bargaining agreement under the financial urgency st
• Williams v. State
  125 So. 3d 879· Fla. 4th DCA· 2013-04-24 ·cited 20×·via Plain Language Rule
  Ronald Williams appeals his four consecutive minimum mandatory twenty-year sentences for aggravated assault with a firearm. The Fourth District affirms the consecutive sentences, holding that Florida Statute section 775.087(2)(d) mandates consecutive sentences for multiple qualif
• T.M.H. v. D.M.T.
  79 So. 3d 787· Fla. 5th DCA· 2011-12-23 ·cited 20×
  This landmark Florida case addresses whether two women in a same-sex relationship who conceived a child through in vitro fertilization—using one woman's genetic material implanted in the other—share parental rights. The court held that both the biological and birth mother have co
• Davila v. State
  75 So. 3d 192· Fla.· 2011-10-06 ·cited 20×
  The Florida Supreme Court resolved a conflict between district courts regarding whether a parent can be criminally convicted of kidnapping his or her own child under Florida's kidnapping statute. The Court held that the plain language of section 787.01 does not exempt parents fro
• Raulerson v. Wright
  60 So. 3d 487· Fla. 1st DCA· 2011-04-15 ·cited 20×
  A Florida appellate court reversed a trial court's grant of temporary permission for the mother to relocate with the parties' minor child, holding that the mother failed to comply with statutory requirements under section 61.13001 by not filing a sworn petition with the court bef
• Olmstead v. Fed. Trade Comm'n
  44 So. 3d 76· Fla.· 2010-06-24 ·cited 20×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding whether a judgment creditor may compel a judgment debtor to surrender all ownership interest in a single-member LLC to satisfy a judgment. The Court held that Florida's charging order reme
• Palm Beach Cnty. Sch. Dist. & F.A. Richard & Assocs. v. Ferrer
  990 So. 2d 13· Fla. 1st DCA· 2008-08-04 ·cited 20×
  In this workers' compensation appeal, the court reversed the Judge of Compensation Claims' denial of the Employer/Carrier's motion to tax costs, holding that the Employer/Carrier became the prevailing party when the Claimant voluntarily dismissed all her petitions for benefits, e
• Brown v. State
  969 So. 2d 553· Fla. 1st DCA· 2007-11-30 ·cited 20×
  A public official sought costs and attorney fees under Florida Statute 112.317(8) after being falsely accused of ethics violations. The court held that the statute does not require proof of constitutional "actual malice" as defined in New York Times v. Sullivan, but rather requir
• Barco Holdings, LLC v. Terminal Inv. Corp.
  967 So. 2d 281· Fla. 3d DCA· 2007-09-26 ·cited 20×
  Barco Holdings appeals four summary judgment orders arising from a complex dispute over Terminal Island property rights. The central issue was whether Bernuth Agencies could exercise a purchase option in its lease after failing to exercise a right of first refusal, and whether Be
• City OF Port Orange & PGCS v. Sedacca
  953 So. 2d 727· Fla. 1st DCA· 2007-04-10 ·cited 20×·via Plain Language
  A firefighter with work-related hypertension sought workers' compensation benefits as an occupational disease, but the appellate court held that permanent impairment alone does not constitute compensable disability under Florida's Workers' Compensation Act. The court reversed, fi
• Seese v. State
  955 So. 2d 1145· Fla. 4th DCA· 2007-03-28 ·cited 20×·via Plain And Ordinary Meaning
  Carl Seese was convicted of aggravated stalking for making 90 collect calls from jail to his ex-girlfriend in violation of a court-ordered injunction prohibiting contact. On appeal, Seese challenged the jury instruction on 'maliciously' and the state's closing argument, but the a
• Hazen v. Allstate Ins. Co.
  952 So. 2d 531· Fla. 2d DCA· 2007-01-17 ·cited 20×
  JoAnn Hazen appealed the dismissal of her breach of contract action against Allstate Insurance Company, arguing that a presuit agreement with Allstate to repair her vehicle satisfied Florida's nonjoinder statute or rendered it inapplicable. The court held that the nonjoinder stat
• Edgewater Beach Owners Ass'n, Inc. v. Walton Cnty.
  833 So. 2d 215· Fla. 1st DCA· 2002-12-19 ·cited 20×
  The court affirmed the trial court's dismissal of an action challenging a development order for a condominium project, holding that the developers had vested statutory rights under Florida law to complete the development despite its inconsistency with the county's updated compreh
• In the interest of A.W. and J.W. v. Dep't of Child. & Fam. Servs.
  816 So. 2d 1261· Fla. 2d DCA· 2002-06-05 ·cited 20×·via Plain Language Of Statute
  A father's parental rights were terminated based on a statute allowing termination when a parent will be incarcerated for a substantial portion of the period before the child reaches age eighteen. The appellate court reversed, holding that the statute's plain language permits cou
• Goldenberg v. Sawczak
  791 So. 2d 1078· Fla.· 2001-05-03 ·cited 20×
  The Florida Supreme Court held that cash surrender values of annuity contracts are exempt from legal process under Florida Statute § 222.14, answering a certified question from the Eleventh Circuit. The case arose from a medical malpractice judgment creditor's attempt to attach a
• Blinn v. Fla. Dep't OF Transp. & Sverdrup Corp.
  781 So. 2d 1103· Fla. 1st DCA· 2000-12-29 ·cited 20×
  This case addresses whether the federal supplemental jurisdiction statute (28 U.S.C. § 1367(d)) tolls state statutes of limitations when a plaintiff voluntarily dismisses a federal action and refiles the same claims in state court within thirty days. The First District Court of A