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

• VAN Meter v. Singletary
  682 So. 2d 1162· Fla. 1st DCA· 1996-10-30 ·cited 20×·via Plain And Ordinary Meaning
  An inmate challenged a disciplinary sanction via mandamus petition filed 18 months after the administrative appeal was denied. The trial court dismissed the petition under a 30-day statute of limitations for prisoner disciplinary actions. The appellate court held the statute unco
• Palm Beach Cnty. Health Care Dist. v. Everglades Mem'l Hosp., Inc.
  658 So. 2d 577· Fla. 4th DCA· 1995-07-05 ·cited 20×
  Palm Beach County Health Care District appealed from a trial court judgment upholding a 1986 reorganization of Everglades Memorial Hospital as a not-for-profit corporation operating under a lease and financial support agreement with the Northwestern District. The Fourth District
• Dep't OF Revenue v. Magazine Publishers OF Am., Inc.
  604 So. 2d 459· Fla.· 1992-07-23 ·cited 20×
  The Florida Supreme Court held that Florida's sales tax scheme, which exempts newspapers but taxes magazines, violates the First Amendment because it is content-based. However, the court reversed the trial court's remedy, holding that under Florida law the proper solution is to e
• Metro. Dade Cnty. v. Green
  596 So. 2d 458· Fla.· 1992-04-09 ·cited 20×
  The Florida Supreme Court held that appellate jurisdiction under Rule 9.130(a)(3)(C)(iv) permits interlocutory appeals of jury verdicts determining liability, even before damages are resolved, rejecting the Third District's contrary interpretation that such appeals were limited t
• United States v. Eves
  932 F.2d 856· 10th Cir.· 1991-04-29 ·cited 20×
  The court held that under the Sentencing Guidelines, the plain and ordinary meaning of "plant" includes marijuana cuttings with root balls, and that the district court did not err in counting them as plants for sentencing purposes.
• Kepner v. State
  577 So. 2d 576· Fla.· 1991-03-28 ·cited 20×
  The Florida Supreme Court resolved a conflict among district courts regarding whether trial courts must provide written reasons when sentencing a youthful offender below the statewide sentencing guidelines. The Court held that written reasons are required only in certain circumst
• In re Lucas v. Lucas
  924 F.2d 597· 6th Cir.· 1991-01-14 ·cited 20×·via Plain Language Rule
  Interests in an ERISA-qualified pension plan are excluded from the bankruptcy estate under 11 U.S.C. § 541(c)(2) because ERISA's anti-alienation provisions constitute 'applicable nonbankruptcy law'.
• Alpha Sheffield and Wesley Sheffield v. Albert J. Davis, M.D. & Albert J. Davis, M.D. & Assocs., P.A.
  562 So. 2d 384· Fla. 2d DCA· 1990-05-25 ·cited 20×
  Alpha and Wesley Sheffield appealed a summary judgment dismissing their medical malpractice claim as time-barred. The Florida appellate court reversed, holding that the statute of limitations for medical malpractice is tolled (suspended) during the mandatory 90-day pre-suit notic
• United States v. Vance
  868 F.2d 1167· 10th Cir.· 1989-02-21 ·cited 20×
  The dissenting judge argues that restitution under 18 U.S.C. § 3651 is strictly limited to damages caused by offenses for which a conviction was had, and cannot extend to dismissed counts or offenses for which the defendant was acquitted.
• In re Erickson P'ship v. Erickson P'ship
  856 F.2d 1068· 8th Cir.· 1988-09-07 ·cited 20×
  The court held that a Chapter 11 bankruptcy case pending before the effective date of the Bankruptcy Judges, United States Trustees and Family Farmer Bankruptcy Act of 1986 cannot be converted to a Chapter 12 proceeding, despite contrary indications in the legislative history.
• Hortensia de Allende v. Shultz
  845 F.2d 1111· 1st Cir.· 1988-04-13 ·cited 20×
  The court held that the case is moot because the plaintiff has been granted a visa and the law has changed to protect against the type of denial at issue.
• United States v. James
  834 F.2d 92· 4th Cir.· 1987-11-24 ·cited 20×
  Possession of cocaine with intent to distribute is a 'drug trafficking crime' under 18 U.S.C. § 924(c)(2), and thus a firearm charge under § 924(c) can be based upon it.
• In re Sw. Aircraft Servs., Inc. v. City OF Long Beach
  831 F.2d 848· 9th Cir.· 1987-10-29 ·cited 20×
  The dissenting judge argues that the Bankruptcy Appellate Panel was correct in its interpretation of section 365(d)(4) and that the majority opinion incorrectly allows for extensions beyond the statutory period.
• Doctors Hosp. v. Bowen
  811 F.2d 1448· 11th Cir.· 1987-03-09 ·cited 20×
  The court held that hospitals can obtain administrative review of their Prospective Payment System (PPS) reimbursement rates before the end of the fiscal year and issuance of a Notice of Program Reimbursement (NPR).
• United States v. Jersey Shore State Bank
  781 F.2d 974· 3d Cir.· 1986-01-10 ·cited 20×
  The dissent argues that the Internal Revenue Code, as written, requires notice to all persons liable for unpaid taxes, and courts should not amend statutes to suit the IRS's administrative preferences.
• Harris v. United States
  768 F.2d 1240· 11th Cir.· 1985-08-14 ·cited 20×
  The court held that Article XV, paragraph two, of the Agreement in Implementation of the Panama Canal Treaty provides a bi-national tax exemption for U.S. citizen employees of the Panama Canal Commission, and the government failed to provide competent evidence to the contrary.
• Est. OF Ralph D. Cowser v. Commissioner OF Internal Revenue
  736 F.2d 1168· 7th Cir.· 1984-06-13 ·cited 20×
  The court held that the plain language of I.R.C. § 2032A defines 'qualified heir' to exclude a decedent's spouse's grandniece, and this classification does not violate due process.
• United States v. Lipscomb
  702 F.2d 1049· D.C. Cir.· 1983-03-11 ·cited 20×
  The court held that all felony convictions less than ten years old are at least somewhat probative of credibility, and the trial court has discretion to determine the extent of background information needed to balance probativeness against prejudice.
• Durden v. Am. Hosp. Supply Corp.
  375 So. 2d 1096· Fla. 3d DCA· 1979-09-18 ·cited 20×
  Harvey Durden appeals the dismissal of his negligence complaint against American Hospital Supply Corporation for injuries allegedly caused by a contaminated needle used to extract his blood. The court reversed the dismissal, holding that the four-year statute of limitations for g
• Schwartz v. Romnes
  495 F.2d 844· 2d Cir.· 1974-04-02 ·cited 20×·via Plain Language Statutory Construction
  The court held that a corporate contribution to a political organization promoting a referendum is prohibited by New York Election Law § 460, and that a public utility's use of public service revenues for such a contribution violates Public Service Law § 107.
• Hartford Fire Ins. Co. v. Pac. FAR E. Line, Inc.
  491 F.2d 960· 9th Cir.· 1974-02-04 ·cited 20×
  The court held that a large electrical transformer bolted to a wooden skid for shipment was not a 'package' under the Carriage of Goods by Sea Act (COGSA).
• Ricker v. The United States
  396 F.2d 454· Ct. Cl.· 1968-06-14 ·cited 20×
  The court held that a Selection Board's recommendation, if based on an illegally constituted board, does not render the Secretary's personnel action void, but may be considered arbitrary and capricious.
• Gonzales v. Barber
  207 F.2d 398· 9th Cir.· 1953-09-15 ·cited 20×
  A Filipino national who lawfully entered the United States before Philippine independence did not make an 'entry' as defined by immigration law, and thus cannot be deported for crimes committed after that initial arrival.
• Somers v. United States
  355 So. 3d 887· Fla.· 2022-11-17 ·cited 19×
  The Florida Supreme Court answered two certified questions from the Eleventh Circuit regarding whether Florida's assault statute under § 784.011(1) requires specific intent to direct a threat at another person. The Court held that the statute does require such intent, meaning Flo
• Fla. Inv. Grp. 100, LLC v. Annalisa Lafont
  271 So. 3d 1· Fla. 4th DCA· 2019-04-24 ·cited 19×
  A buyer who fails to timely notify the seller that loan approval was not obtained is deemed to have waived the loan approval contingency and must close without financing. The appraisal insufficiency exception in the contract applies only to appraisals related to an actual loan ap
• Giraldo v. Agency FOR Health Care Admin.
  248 So. 3d 53· Fla.· 2018-07-05 ·cited 19×
  The Florida Supreme Court held that under federal Medicaid law, the Agency for Health Care Administration may only place a lien on the past medical expenses portion of a Medicaid recipient's tort recovery, not future medical expenses. The decision resolves a conflict between dist
• Longo v. Associated Limousine Servs., Inc.
  236 So. 3d 1115· Fla. 4th DCA· 2018-01-24 ·cited 19×·via Plain Language Of Statute
  A judgment creditor who files a motion and affidavit satisfying section 56.29(1) is entitled to proceedings supplementary as a matter of right, but impleader of third parties under section 56.29(2) requires the judgment creditor to describe with reasonable particularity any prope
• Lyantie Townsend v. R.J. Reynolds Tobacco Co.
  192 So. 3d 1223· Fla.· 2016-06-09 ·cited 19×
  The Florida Supreme Court held that the 2010 version of section 55.03(3), providing for a fixed post-judgment interest rate that remains unchanged until judgment is paid, created a vested constitutional right that cannot be retroactively divested by the 2011 amendment establishin
• Mercury Ins. Co. OF Fla. v. Emergency Physicians OF Central
  182 So. 3d 661· Fla. 5th DCA· 2015-10-16 ·cited 19×
  Mercury Insurance appeals a circuit court decision holding that emergency service providers' bills submitted within 30 days under Florida's PIP statute must be paid from a mandatory $5,000 reserve without application of the insured's deductible. The Fifth DCA grants the petition,
• Ferreira v. Home Depot/Sedgwick CMS
  12 So. 3d 866· Fla. 1st DCA· 2009-06-09 ·cited 19×
  In a workers' compensation case, the court reversed a JCC's order requiring the claimant to repay seed money from a Medicare Set-Aside Account settlement so the employer/carrier could purchase an annuity. The court held that the settlement agreement was final and not subject to m
• Friedman v. Mkt. St. Mortg. Corp.
  520 F.3d 1289· 11th Cir.· 2008-03-20 ·cited 19×·via Plain Language Statutory Construction
  The Eleventh Circuit reversed a district court's class certification order in a RESPA case brought by borrowers challenging an escrow waiver fee charged by Market Street Mortgage Corporation. The court held that the prior appellate decision in Friedman I established as law of the
• Humana Worker's Comp. Servs. v. Home Emergency Servs., Inc.
  842 So. 2d 778· Fla.· 2003-03-13 ·cited 19×·via Plain Language Rule
  The Florida Supreme Court held that an employers liability insurance policy covering "bodily injury by accident" does not provide coverage for claims of negligent spoliation of evidence, even when the spoliation relates to evidence of an underlying bodily injury claim. The Court
• Blum v. Tamarac Fairways Ass'n, Inc.
  684 So. 2d 826· Fla. 4th DCA· 1996-09-25 ·cited 19×
  A condominium association sought injunctive relief against a unit owner for leasing his unit without approval, allegedly violating the condominium declaration. The court reversed the trial court's denial of a motion to dismiss, holding that disputes over a unit owner's right to l
• Hannah v. Newkirk
  675 So. 2d 112· Fla.· 1996-06-06 ·cited 19×
  The Florida Supreme Court answered a certified question of great public importance regarding whether Section 627.739(1) of the Florida Statutes mandates that trial courts set off a plaintiff's elected PIP deductible from a jury verdict against a tortfeasor. The Court held in the
• Mayo Clinic Jacksonville v. Dep't of Prof'l Reg.
  625 So. 2d 918· Fla. 1st DCA· 1993-10-15 ·cited 19×
  The court held that section 458.313(1)(b), Florida Statutes (1989), did not restrict physicians licensed by endorsement to practicing only at specific locations, but only required them to remain full-time employees of the not-for-profit corporation.
• Cont'l CAN Co., Inc. v. Chicago Truck Drivers
  916 F.2d 1154· 7th Cir.· 1990-10-17 ·cited 19×
  The court affirmed the arbitrator's and district court's interpretation of 'substantially all' as favoring the Pension Fund.
• Walls v. Waste Res. Corp.
  823 F.2d 977· 6th Cir.· 1987-07-21 ·cited 19×
  The court held that the 60-day notice provision in CERCLA § 9612(a) does not apply to private actions for the recovery of response costs under § 9607(a).
• In re Timbers OF Inwood Forest Assocs., Ltd. v. Timbers OF Inwood Forest Assocs., Ltd.
  793 F.2d 1380· 5th Cir.· 1986-07-09 ·cited 19×
  Congress did not intend for the 'adequate protection' provisions of the Bankruptcy Code to entitle undersecured creditors to periodic postpetition interest payments on the value of their collateral.
• Orange Cnty. Indus. Dev. Auth. v. State
  427 So. 2d 174· Fla.· 1983-01-27 ·cited 19×
  The Florida Supreme Court rejected validation of industrial development revenue bonds for a television station expansion, holding that commercial television stations do not qualify as industrial or manufacturing plants under Florida law and that the project serves a paramount pri
• United Mine Workers OF Am. v. Fed. Mine Safety & Health Review Comm'n
  671 F.2d 615· D.C. Cir.· 1982-02-23 ·cited 19×
  The dissenting judge argues that the majority's interpretation of the Federal Mine Safety and Health Act of 1977 (FMSA) impermissibly crosses the line from statutory construction to policy preference. The judge believes the Commission's interpretation, limiting walkaround pay to
• Battig v. The Hartford Accident & Indem. Co.
  608 F.2d 119· 5th Cir.· 1979-12-05 ·cited 19×
  The court held that the contract clause did not impose an affirmative obligation on the Diocese to provide medical attention only at the direction of a physician, and that the tort claim was prescribed.
• ART Berman Concrete, Inc. v. SEY Constr. Corp.
  247 So. 2d 791· Fla. 3d DCA· 1971-05-18 ·cited 19×·via Plain Language Rule
  Art Berman Concrete appeals the dismissal of its mechanic's lien foreclosure complaint. The court addresses whether F.S. § 713.06(3)(d)1 requires sub-contractors to provide notice of unpaid lienors to the owner as a prerequisite to enforcing a mechanic's lien. The court holds tha
• Gasson v. Gay
  49 So.2d 525· Fla.· 1950-12-22 ·cited 19×·via Plain And Ordinary Meaning
  The Florida Supreme Court affirmed a lower court's decision dismissing a case challenging the state's sales tax on magazines and periodicals. The court held that the legislative exemption for "newspapers" did not extend to magazines and periodicals, finding the classification rea
• State Farm Fla. Ins. Co. v. Crispin
  44 Fla. L. Weekly D2953· Fla. 5th DCA· 2020-02-06 ·cited 18×
  State Farm challenged whether Crispin's public adjuster, who stood to earn a 10% contingency fee from insurance proceeds, could serve as the "disinterested appraiser" required by the insurance contract's appraisal clause. The Fifth District reversed the trial court and held that
• Pena v. FOX
  198 So. 3d 61· Fla. 2d DCA· 2015-11-13 ·cited 18×
  Diana Pena appeals the dismissal of her tort claim against Matthew Fox, arguing no settlement agreement was formed because the proposed release did not mirror her original settlement offer. The court reversed, holding that USAA's proposed release, which included language releasin
• The Retreat AT Port OF the Islands, LLC v. Port OF the Islands Resort Hotel Condo. Ass'n, Inc.
  181 So. 3d 531· Fla. 2d DCA· 2015-11-06 ·cited 18×
  The Retreat at Port of the Islands, LLC appealed a summary judgment that limited its board representation to one managing member despite owning 38 of 94 condominium units. The court reversed, holding that bylaw section 4.2's language qualifying "only a managing member" of an LLC
• Cricket Props., LLC v. Nassau Pointe AT Heritage Isles Homeowners Ass'n, Inc.
  124 So. 3d 302· Fla. 2d DCA· 2013-09-20 ·cited 18×·via Plain Language
  Cricket Properties acquired property by tax deed and sued to quiet title. The trial court ruled that a homeowners association's lien for unpaid assessments survived the tax deed issuance under section 720.3085(2)(b). The appellate court reversed, holding that tax deed purchasers
• Citizens Prop. Ins. Corp. v. River Manor Condo. Ass'n, Inc.
  125 So. 3d 846· Fla. 4th DCA· 2013-04-10 ·cited 18×
  Citizens Property Insurance Corporation appealed a trial court judgment confirming an appraisal award for Hurricane Wilma damage to a condominium complex, arguing the award improperly included excluded property and failed to apply contractual defenses. The Fourth District Court o
• Dezman Zama v. State
  54 So. 3d 1075· Fla. 4th DCA· 2011-03-02 ·cited 18×
  Dezman Zama was convicted of aggravated assault with a deadly weapon after firing a gun inside a nightclub. The Fourth District Court of Appeal reversed and remanded for a new trial because the trial court gave an erroneous jury instruction on the fear element of assault and admi
• Ford v. Browning
  992 So. 2d 132· Fla.· 2008-09-15 ·cited 18×
  The Florida Supreme Court held that the Taxation and Budget Reform Commission (TBRC) exceeded its constitutional authority by proposing two constitutional amendments—one regarding religious freedom and state funding of religion, and another regarding education funding and the sta