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

• Gallagher v. Manatee Cnty.
  927 So. 2d 914· Fla. 2d DCA· 2006-02-01 ·cited 18×
  Jeffrey Gallagher sued Manatee County for gender discrimination and retaliation under the Florida Civil Rights Act and won at trial. On appeal, the court affirmed the jury verdict but upheld the trial court's application of a $100,000 statutory cap to all monetary recovery elemen
• SUN Coast Int'l Inc. v. Dep't of Bus. Reg.
  596 So. 2d 1118· Fla. 1st DCA· 1992-03-11 ·cited 18×
  Sun Coast International appealed an administrative order requiring it to refund rent increases collected from mobile home park tenants. The court affirmed that taping a prospectus to a tenant's door does not constitute statutory "delivery," but reversed the restitution order, hol
• Franklin Fed. Sav. Bank v. Dir., Off. OF Thrift Supervision
  927 F.2d 1332· 6th Cir.· 1991-03-12 ·cited 18×
  The court held that FIRREA § 401(g) preserves bargained-for forbearances as binding obligations, and the forbearance letter constituted an integral part of a binding agreement, thus the government could not abrogate it.
• In re Hart v. Hart
  923 F.2d 1410· 10th Cir.· 1991-01-17 ·cited 18×
  The court held that the majority's interpretation of the Bankruptcy Code provisions renders one of them meaningless.
• Sisters OF THE Third Order OF ST. Francis v. Swedishamerican Grp. Health Benefit Tr.
  901 F.2d 1369· 7th Cir.· 1990-04-19 ·cited 18×
  The court held that the health plan's exclusion for expenses incurred while engaged in illegal activity applies to injuries resulting from drunk driving, even if the medical treatment itself does not occur during the act of driving.
• Phillips v. Marine Concrete Structures, Inc.
  895 F.2d 1033· 5th Cir.· 1990-03-07 ·cited 18×
  The court held that section 10(f) of the LHWCA does not provide for cost-of-living adjustments during periods of temporary total disability, overruling prior precedent. The decision applies retroactively, but without recoupment of past overpayments.
• Glaxo Operations UK Ltd. v. Quigg
  894 F.2d 392· Fed. Cir.· 1990-01-24 ·cited 18×
  The court held that the plain meaning of "product" in the patent term extension statute, defined as the active ingredient including salts or esters, controls, and the Commissioner cannot substitute a broader interpretation of "new chemical entity" based on legislative history or
• Nat'l Labor Relations Bd. v. United Techs. Corp.
  884 F.2d 1569· 2d Cir.· 1989-09-13 ·cited 18×
  The court held that the employer did not violate the NLRA by excluding new 'production control coordinators' from the bargaining unit, and that the union had waived its right to bargain over changes to the progressive discipline system.
• Ind. Port Comm'n v. Bethlehem Steel Corp. & Lake Carriers' Ass'n
  835 F.2d 1207· 7th Cir.· 1987-12-23 ·cited 18×
  The Harbor Service Charge violates 33 U.S.C. § 5, which prohibits tolls or charges on vessels passing through navigation works acquired or constructed by the United States.
• In re George Rodman, Inc. v. Fort Worth Pipe Co.
  792 F.2d 125· 10th Cir.· 1986-05-29 ·cited 18×
  The court held that 11 U.S.C. § 547(c)(1) does not require a valuation of the property transferred to determine if it constitutes 'new value'.
• Edwards v. Valdez
  789 F.2d 1477· 10th Cir.· 1986-05-05 ·cited 18×
• Gar-Con Dev., Inc. v. State
  468 So. 2d 413· Fla. 1st DCA· 1985-04-25 ·cited 18×·via Plain And Ordinary Meaning
  Gar-Con Development challenged the Department of Environmental Regulation's denial of a dock construction permit based on an unpromulgated agency policy defining pile driving as "dredging" in Class II shellfish waters. The court reversed, holding that agencies cannot apply polici
• In re Seidel v. Larson
  752 F.2d 1382· 9th Cir.· 1985-01-29 ·cited 18×
  A Chapter 13 plan that delays payment of an already-matured debt, without acceleration, constitutes a "modification" of creditors' rights, which is prohibited by 11 U.S.C. § 1322(b)(2) when the claim is secured only by the debtor's principal residence.
• Ry. Labor Executives' Ass'n v. United States R.R. Ret. Bd.
  749 F.2d 856· D.C. Cir.· 1984-12-05 ·cited 18×
  The court held that the Railroad Retirement Board's decision lacked reasoned analysis and an adequate record to support its conclusion that Canadian immigration regulations required U.S. railroads to hire Canadian citizens, thus excepting them from RRA/RUIA coverage.
• United States v. Johnson
  696 F.2d 115· D.C. Cir.· 1982-12-21 ·cited 18×·via Plain Language Rule
  The D.C. statute's requirement for written authorization for wiretaps is mandatory, and failure to comply necessitates suppression of evidence obtained.
• Ciampa v. Sec'y OF Health & Human Servs.
  687 F.2d 518· 1st Cir.· 1982-08-27 ·cited 18×
  The court held that the Pickle Amendment uses a 'but for' test, not a causality requirement, and requires states to provide Medicaid to individuals who would be eligible for SSI but for OASDI cost-of-living increases.
• Adams v. Rogers Morton
  581 F.2d 1314· 9th Cir.· 1978-07-18 ·cited 18×
  The court held that the Gros Ventre Tribe, by actively participating in the litigation, was bound by the district court's judgment regarding the distribution of Congressional funds, and that the Adams Group qualified for distribution under the plain language of the statute.
• Cook v. Division of Personnel
  356 So. 2d 356· Fla. 1st DCA· 1978-03-10 ·cited 18×·via Plain Language Statutory Construction
  Rule 22A-7.10B is a valid exercise of delegated legislative authority because the rule governs resignations by abandonment, which are not among the enumerated personnel actions (suspension, reduction in pay, transfer, layoff, demotion, or dismissal) for which Career Service Commi
• United States v. Bryant
  563 F.2d 1227· 5th Cir.· 1977-12-01 ·cited 18×
  The court held that the word "assists" in 18 U.S.C. § 1792, prohibiting assistance in a prison riot, includes willful participation in the riot.
• The Chemehuevi Tribe OF Indians v. Fed. Power Comm'n
  489 F.2d 1207· D.C. Cir.· 1973-11-09 ·cited 18×
  Fossil-fueled steam plants that obtain cooling water from navigable rivers are not subject to licensing jurisdiction by the Federal Power Commission under Part I of the Federal Power Act.
• Am. Ins. Co. v. First Nat'l Bank IN ST. Louis
  409 F.2d 1387· 8th Cir.· 1969-04-17 ·cited 18×
  A banker's blanket bond's Clause (E) covers losses sustained from reliance on photocopies of forged shipper's memorandums, even if the memorandum itself is not a security. The insurer is liable for the principal loss plus interest at the statutory rate.
• Therese Shaw v. Bankers Life Co.
  213 So. 2d 514· Fla. 3d DCA· 1968-08-06 ·cited 18×
  The surviving spouse of an insured appeals summary judgment for the insurance company in a dispute over the effective date of an insurance policy. The court upholds the trial judge's interpretation of an ambiguous policy clause, holding that the clause's grammar clearly establish
• United States v. Ivey
  294 F.2d 799· 5th Cir.· 1961-10-06 ·cited 18×
• Slough v. Commissioner of Internal Revenue
  147 F.2d 836· 6th Cir.· 1945-02-14 ·cited 18×
  The court held that the plain language of the statute does not require the entire compensation for long-term services to be received in a single taxable year to qualify for tax relief.
• State v. Peraza
  259 So. 3d 728· Fla.· 2018-12-13 ·cited 17×
  The Florida Supreme Court resolved a conflict between district courts on whether law enforcement officers can invoke Stand Your Ground immunity when using deadly force during an arrest, holding that they can. Deputy Peraza shot and killed a man holding an air rifle, and the Court
• DMB Inv. Tr. & SKB Inv. Tr. v. Islamorada
  225 So. 3d 312· Fla. 3d DCA· 2017-07-19 ·cited 17×·via Plain Language Of Statute
  DMB Investment Trust and SKB Investment Trust petitioned for certiorari review of a circuit court decision affirming a code compliance order requiring them to remove a swim buoy system installed on their waterfront property without a Village permit. The District Court of Appeal r
• Leftwich v. Fla. Dep't OF Corr.
  148 So. 3d 79· Fla.· 2014-09-18 ·cited 17×·via Plain Language Interpretation
  The Florida Supreme Court resolved a conflict between district courts regarding whether an inmate sentenced as a habitual offender after receiving non-habitual offender sentences remains eligible for provisional credits on those earlier sentences. The Court held that under the pl
• Rodrigo v. State Farm Fla. Ins. Co.
  144 So. 3d 690· Fla. 4th DCA· 2014-08-20 ·cited 17×·via Plain Language
  An insured appealed a summary judgment dismissing her property damage claim against her homeowner's insurance after bodily fluids from a deceased neighbor's decomposing body infiltrated her condominium. The court affirmed, holding that the insured materially breached the conditio
• State Farm Fla. Ins. Co. v. Phillips
  134 So. 3d 505· Fla. 5th DCA· 2014-02-14 ·cited 17×
  State Farm appealed a trial court order requiring it to pay replacement costs for subsurface sinkhole repairs before the insureds contracted for those repairs. The Fifth District Court of Appeal reversed, holding that the sinkhole loss settlement clause in the policy, which incor
• State v. D.C.
  114 So. 3d 440· Fla. 5th DCA· 2013-05-31 ·cited 17×
  The State appealed the dismissal of a charge under Florida's HIV transmission statute, arguing that the term "sexual intercourse" in section 384.24(2) includes oral and anal sex, not just heterosexual vaginal intercourse. The Fifth District reversed the dismissal, holding that th
• Riera v. Riera
  86 So. 3d 1163· Fla. 3d DCA· 2012-04-25 ·cited 17×
  A former husband appeals orders enforcing a marital settlement agreement requiring him to pay half of his adult son's college expenses at an out-of-state private university, and a contempt order for non-compliance. The court reverses both orders, finding the agreement contains a
• United Auto. Ins. Co. v. A 1ST Choice Healthcare Sys.
  21 So. 3d 124· Fla. 3d DCA· 2009-11-04 ·cited 17×·via Plain Language Of Statute
  United Automobile Insurance Company sought certiorari review of a circuit court's per curiam affirmance upholding a county court judgment that recognized a private right of action under Florida's personal injury protection statute for an insurer's failure to timely provide an Exp
• Haddock v. Carmody
  1 So. 3d 1133· Fla. 1st DCA· 2009-01-21 ·cited 17×
  The court reversed a trial court's finding that Florida's homestead abandonment statute was unconstitutional as applied to property owners who rented their condominium while storing personal items in locked closets. The court held that renting the entire dwelling, despite carving
• Stevens v. Zakrzewski
  826 So. 2d 520· Fla. 4th DCA· 2002-09-25 ·cited 17×
  A seller appealed an order awarding attorney's fees to the buyer in a real property breach of contract dispute involving non-disclosure of an underground oil tank. The court reversed, holding that the attorney's fees provision in the purchase and sale agreement did not survive th
• Moreland v. United States
  968 F.2d 655· 8th Cir.· 1992-06-30 ·cited 17×
  The court held that the term 'official detention' in 18 U.S.C. § 3585(b) incorporates the definition of 'detention' found in 18 U.S.C. § 3142.
• United States v. Raymer
  876 F.2d 383· 5th Cir.· 1989-06-20 ·cited 17×·via Plain Language Of Statute
  The court held that a confession obtained after Miranda warnings is voluntary if there is no police coercion, and that threats against retired probation officers are covered by 18 U.S.C. § 115.
• United States v. Rodriguez-Suarez
  856 F.2d 135· 11th Cir.· 1988-09-28 ·cited 17×
  The court affirmed the convictions and sentences, holding that the mandatory minimum sentencing provisions of the Anti-Drug Abuse Act are constitutional and apply to all defendants, and that individual claims regarding jury selection, prosecutorial comments, and jury instructions
• United States v. Berry
  839 F.2d 1487· 11th Cir.· 1988-03-15 ·cited 17×
  The court held that 18 U.S.C. § 4205(b)(1) authorizes a district court to either advance or postpone a prisoner's parole eligibility date beyond the one-third mark set by § 4205(a).
• Poland v. Martin
  761 F.2d 546· 9th Cir.· 1985-05-21 ·cited 17×
  The court held that the insured failed to comply with the hotel restriction of the insurance policies, which required jewelry to be attended by the insured or placed in a safe, thus excluding coverage for the stolen jewelry.
• Martin v. Harris
  653 F.2d 428· 10th Cir.· 1981-06-25 ·cited 17×
  The dissent argues that the 'deemed widow' statute should be interpreted to allow benefits even if a legal widow was previously entitled, as long as double dipping is avoided.
• Tenneco OIL Co. v. Fed. Energy Admin. & John F. O'Leary
  613 F.2d 298· Temp. Emer. Ct. App.· 1979-12-03 ·cited 17×
  The court held that the use or processing of oil by a producer on its own property does not constitute a 'sale' under the petroleum price control regulations, as a sale requires a transfer of title for valuable consideration.
• NEW York State Comm'n ON Cable Television v. Fed. Commc'ns Comm'n & United States
  571 F.2d 95· 2d Cir.· 1978-01-25 ·cited 17×
  The court held that the FCC grandfather clause should be interpreted according to its plain meaning, allowing state regulatory fees.
• Halifax Hosp. Med. Ctr. v. State
  278 So. 3d 545· Fla.· 2019-04-18 ·cited 16×
  The Florida Supreme Court affirmed a lower court's decision denying bond validation for Halifax Hospital Medical Center. The court held that Halifax, a special tax district, lacked the statutory authority to finance and operate a hospital outside its statutorily defined geographi
• State v. Owens
  95 So. 3d 1018· Fla. 5th DCA· 2012-08-24 ·cited 16×·via Plain Language
  A downward departure sentence is permissible under section 921.0026(2)(d) when a defendant requires specialized treatment for a mental disorder or physical disability and is amenable to treatment, without requiring proof that such treatment is unavailable within the Department of
• King v. King
  82 So. 3d 1124· Fla. 2d DCA· 2012-03-07 ·cited 16×·via Plain Language Statutory Construction
  The Florida District Court of Appeal reversed a circuit court's reduction of alimony based on the obligee's pre-divorce supportive relationship with a cohabitant. The court held that section 61.14(1)(b) authorizes reduction or termination of alimony only when a supportive relatio
• Hooks v. Laytoya Quaintance
  71 So. 3d 908· Fla. 1st DCA· 2011-10-06 ·cited 16×
  Paul Hooks appealed the dismissal of his petition to disestablish paternity, arguing that DNA test results showing he was not the biological father constituted newly discovered evidence under Florida law. The court affirmed the dismissal, holding that Hooks failed to exercise due
• L.A.P. v. State
  62 So. 3d 693· Fla. 2d DCA· 2011-06-10 ·cited 16×
  L.A.P. was convicted under Florida's HIV transmission statute for engaging in oral sex and digital penetration without disclosing her HIV-positive status. The appellate court reversed her conviction, holding that the statute's plain language limits its application to penile-vagin
• State v. J.C.
  916 So. 2d 847· Fla. 2d DCA· 2005-08-19 ·cited 16×
  The State appeals a trial court's refusal to assess mandatory surcharges totaling $352 against five juveniles who admitted to delinquent acts. The court holds that sections 938.08 and 938.085, which impose surcharges for violations of specified battery and assault statutes, apply
• Haskins v. City OF Fort Lauderdale
  898 So. 2d 1120· Fla. 4th DCA· 2005-03-30 ·cited 16×
  Robin Haskins sued the City of Fort Lauderdale for invasion of privacy and negligent investigation arising from a warrantless search of her office in 1996. The trial court granted summary judgment for the city on statute of limitations grounds, and the appellate court affirmed, h
• Childers v. Cape Canaveral Hosp., Inc.
  898 So. 2d 973· Fla. 5th DCA· 2005-03-04 ·cited 16×
  The Fifth District Court of Appeal affirmed the dismissal of a wrongful death action brought on behalf of a four-year-old child for the death of his mother from misdiagnosed ovarian cancer. The court held that the statute of repose exception in section 95.11(4)(b), Florida Statut