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

• Thompson v. State
  887 So. 2d 1260· Fla.· 2004-11-10 ·cited 16×
  Thompson was convicted of felony driving with a suspended license based on prior DWLS convictions that occurred under an earlier statute lacking a knowledge element. The Florida Supreme Court held that due process requires the State to prove all elements of the current offense, i
• Mandell v. Mandell
  741 So. 2d 617· Fla. 2d DCA· 1999-09-22 ·cited 16×·via Plain Language
  Wendy Mandell appeals the trial court's dissolution of marriage judgment establishing a rotating custody plan for the parties' child. The appellate court affirms, holding that the trial court did not abuse its discretion and that the statutory provision allowing rotating custody
• The Putnam Berkley Grp., Inc. v. Dinin
  734 So. 2d 532· Fla. 4th DCA· 1999-05-26 ·cited 16×·via Plain Language
  A woman sued a photographer and publisher in 1995 for unauthorized publication of her photograph in a 1988 book. The trial court denied summary judgment on statute of limitations grounds, and a jury awarded damages. The appellate court reversed, holding that the claims were barre
• Zopf v. Singletary
  686 So. 2d 680· Fla. 1st DCA· 1996-12-20 ·cited 16×
  Karl Zopf appealed the denial of a writ of mandamus seeking basic gain-time credits for his prison sentence. The court held that the Florida Department of Corrections erred in interpreting a statute prohibiting gain-time for persons convicted of sexual battery to include those co
• Ritchie v. State
  670 So. 2d 924· Fla.· 1996-03-28 ·cited 16×
  The Florida Supreme Court held that a child indicted for first-degree murder but convicted of the lesser included offense of second-degree murder must be sentenced as an adult without the procedural safeguards of section 39.059(7)(c) when the lesser offense is also punishable by
• Wagner Seed Co., Inc. v. Bush
  946 F.2d 918· D.C. Cir.· 1991-10-15 ·cited 16×·via Plain Language
  The dissenting judge would reverse the lower court's decision, arguing that the EPA is not entitled to Chevron deference in its interpretation of CERCLA § 106(b)(2) and that the statutory text favors the petitioner's reading.
• Interco Inc. v. Nat'l Sur. Corp.
  900 F.2d 1264· 8th Cir.· 1990-04-13 ·cited 16×
  The court held that the excess liability policies were unambiguous in precluding 'drop down' coverage when the first-tier excess carrier became insolvent, and that the district court properly granted summary judgment.
• Friedrich v. City OF Chicago & Fred Rice
  888 F.2d 511· 7th Cir.· 1989-10-31 ·cited 16×
  The Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C. § 1988, allows for the recovery of expert witness fees as part of costs, even though the statute literally refers only to 'attorney's fees'. This interpretation is based on the Act's purpose to restore pre-Alyeska equ
• In re Folendore v. U.S. Small Bus. Admin.
  862 F.2d 1537· 11th Cir.· 1989-01-12 ·cited 16×·via Plain Language
  A lien securing a claim that is not an allowed secured claim is void under 11 U.S.C. § 506(d) if a party in interest requests disallowance of the claim, even if the claim is not actually disallowed.
• Malloy v. Eichler
  860 F.2d 1179· 3d Cir.· 1988-10-25 ·cited 16×
  The court held that the Secretary's interpretation of section 2640 of DEFRA to include sibling and grandparent income for Medicaid eligibility determinations violates the Medicaid statute, specifically 42 U.S.C. § 1396a(a)(17)(D).
• State v. Perez
  531 So. 2d 961· Fla.· 1988-10-06 ·cited 16×
  The Florida Supreme Court held that Section 316.1933(1) authorizes mandatory blood testing of a driver suspected of impaired driving only when the driver has caused death or serious bodily injury to another person, not when the driver is the only party injured. The court rejected
• United States v. Johnson
  855 F.2d 299· 6th Cir.· 1988-08-23 ·cited 16×
  The court held that the plain language and legislative history of 18 U.S.C. § 1461 indicate that the 'knowingly causes to be delivered' provision applies only to senders of obscene material, not to recipients who order it for personal use.
• Rosette Herrero v. Herrero
  528 So. 2d 1286· Fla. 2d DCA· 1988-07-27 ·cited 16×
  The court held that the trial judge erred in terminating alimony based on the wife's intimate relationship, as the agreement required cohabitation in a conjugal relationship.
• Brookside Veneers, Ltd. v. The United States
  847 F.2d 786· Fed. Cir.· 1988-05-11 ·cited 16×
  The court held that Brookside's manmade veneers are not 'wood veneers' under TSUS item 240.03 because they are not sliced from logs or flitches, and the manmade blocks are neither logs nor flitches.
• United States v. Morison
  844 F.2d 1057· 4th Cir.· 1988-04-01 ·cited 16×
  The court holds that the Espionage Act statutes can be constitutionally applied to press leakers when jury instructions sufficiently flesh out the "relating to the national defense" element.
• Merriex v. State
  521 So. 2d 249· Fla. 1st DCA· 1988-03-01 ·cited 16×·via Plain Language Statutory Construction
  Richard Merriex appeals his conviction for selling crack cocaine and his sentence based on a departure from sentencing guidelines. The court affirms, holding that while a subsequent conviction (occurring after the primary offense but before sentencing) cannot be scored as a prior
• United States v. Caudle
  828 F.2d 1111· 5th Cir.· 1987-10-08 ·cited 16×
  The court held that the DEA's failure to follow the precise statutory procedure for temporarily scheduling MDMA rendered the scheduling order ineffective, thus the indictments for distributing MDMA were properly dismissed.
• State OF Ark. v. Block
  825 F.2d 1254· 8th Cir.· 1987-08-04 ·cited 16×
  The court held that the 0.5% penalty level and county-based reporting unit for mail loss of food stamps were not arbitrary and capricious, but that the Secretary lacked authority to assess interest on penalties owed by a state.
• Francis v. INA Life Ins. Co. OF NEW York
  809 F.2d 183· 2d Cir.· 1987-01-09 ·cited 16×
  The court held that the phrase 'actual severance through or above the wrist' in an accident insurance policy is unambiguous and requires substantial physical dismemberment, not merely loss of function.
• United States v. Jones
  779 F.2d 121· 2d Cir.· 1985-12-11 ·cited 16×
  The court held that the schoolyard statute applies even if the drug sale was to an adult, at night, and not directly involving school children, as long as it occurred within 1,000 feet of a school.
• Monterey Coal Co. v. Fed. Mine Safety & Health Review Comm'n
  743 F.2d 589· 7th Cir.· 1984-09-14 ·cited 16×
  Section 103(f) of the Federal Mine Safety and Health Amendments of 1977 requires mine operators to pay wages to miner representatives accompanying federal inspectors during spot inspections, not just during the statutorily mandated regular inspections.
• United States v. Holroyd
  732 F.2d 1122· 2d Cir.· 1984-04-18 ·cited 16×
  The court held that 26 U.S.C. § 7206(1) applies to any statement verified by a written declaration of perjury, regardless of whether the form's use is expressly authorized by statute or regulation.
• Belland v. Pension Benefit Guar. Corp.
  726 F.2d 839· D.C. Cir.· 1984-02-03 ·cited 16×
  The Pension Benefit Guaranty Corporation (PBGC) unreasonably interpreted ERISA by failing to give adequate consideration to its remedial purpose when denying pension benefits to former factory workers.
• United Transp. Union v. Drew Lewis
  711 F.2d 233· D.C. Cir.· 1983-06-17 ·cited 16×
  The court held that Section 2 of the Safety Appliance Acts mandates specific safety equipment, not operating procedures, and thus does not prohibit employees from going between cars during coupling operations.
• Shields v. United States
  698 F.2d 987· 9th Cir.· 1983-02-07 ·cited 16×
  The court held that applicants for allotments under the Alaska Native Allotment Act within national forests must establish personal, rather than ancestral, use and occupancy of the land prior to its withdrawal for national forest purposes.
• Meade Twp. v. Andrus
  695 F.2d 1006· 6th Cir.· 1982-12-20 ·cited 16×·via Plain Language
  The Secretary of the Interior exceeded his statutory authority by promulgating a regulation that defined 'unit of local government' based on a 'principal provider of services' test, which conflicted with the Payments in Lieu of Taxes Act's plain language and legislative intent fa
• Fed. Election Comm'n v. Fla. FOR Kennedy Comm.
  681 F.2d 1281· 11th Cir.· 1982-08-02 ·cited 16×
  The court held that the Federal Election Commission (FEC) lacked statutory jurisdiction over draft committees like the Florida for Kennedy Committee (FKC) when the individual they sought to promote was not yet a candidate, and thus reversed the district court's order enforcing th
• Fed. Trade Comm'n v. Weyerhaeuser Co.
  665 F.2d 1072· D.C. Cir.· 1981-09-01 ·cited 16×
  A court may only grant relief explicitly provided by Section 13(b) of the FTC Act when its requirements are met, and cannot issue a hold-separate order in such circumstances.
• In the Interest of J. F.
  384 So. 2d 713· Fla. 3d DCA· 1980-06-03 ·cited 16×·via Plain Language Of Statute
  A Florida appellate court affirmed a trial court's order permanently committing a child to the Department of Health and Rehabilitative Services for adoption, terminating the natural mother's parental rights. The court rejected the mother's argument that the trial court applied an
• ROE v. Casey
  623 F.2d 829· 3d Cir.· 1980-04-18 ·cited 16×
  The court held that the Hyde Amendment substantively modified Title XIX, restricting state obligations to fund abortions, and that Pennsylvania statutes were still inconsistent with the modified law.
• Consumers Union OF United States, Inc. v. Heimann
  589 F.2d 531· D.C. Cir.· 1978-08-31 ·cited 16×
  Documents relating to national banks' compliance with the Consumer Credit Protection Act fall within FOIA exemption 8 and are therefore protected from disclosure.
• In re Sec. & Exch. Comm'n v. White & Co., Inc.
  546 F.2d 789· 8th Cir.· 1976-12-27 ·cited 16×
  The court held that the subordination agreement remained effective beyond its stated maturity date for claims arising prior to that date, thus excluding Shenker from customer status under SIPA.
• Ins. Co. OF N. Am. v. Federated Mut. Ins. Co.
  518 F.2d 101· 6th Cir.· 1975-06-12 ·cited 16×
  The court held that an exclusionary clause in an insurance policy, which barred coverage when a tractor was used to tow a trailer owned or hired by the insured and not covered by like insurance, applied to all insureds, not just those who owned or hired the trailer.
• Frilette v. Kimberlin
  508 F.2d 205· 3d Cir.· 1974-12-16 ·cited 16×
  The court held that 35 U.S.C. § 24, as it pertains to patent interference cases, only grants district courts authority to issue subpoenas for witness attendance and document production, not broad discovery powers under the Federal Rules of Civil Procedure.
• Application of Robert L. Wadlinger
  496 F.2d 1200· C.C.P.A.· 1974-05-23 ·cited 16×
  The court should interpret the reissue statute's use of 'error' to include deliberate cancellations, as the statutory language was substantively changed to broaden the scope of allowable reissues.
• Lopez v. Midwest Mut. Ins. Co.
  223 So. 2d 550· Fla. 3d DCA· 1969-06-03 ·cited 16×
  A 15-year-old minor purchased motorcycle insurance and signed an application that did not check the box for uninsured motorist coverage, though the application clearly outlined how to obtain such coverage for an additional $10 premium. The court upheld the effectiveness of the mi
• Luella Davis v. Liberty Mut. Ins. Co.
  308 F.2d 709· 8th Cir.· 1962-10-12 ·cited 16×
  The court held that the insurance policy's exclusion for employee injuries arising out of employment unambiguously excluded coverage for the employee's death.
• United Servs. Life Ins. Co. v. Delaney
  308 F.2d 484· 5th Cir.· 1962-09-26 ·cited 16×
• Woods v. Petchell
  175 F.2d 202· 8th Cir.· 1949-06-07 ·cited 16×
  The court held that the plan of selling apartment units, despite lacking formal corporate structure, stock, or proprietary leases, constituted a "cooperative association" under the Housing and Rent Act of 1947, as amended, because the Declaration provided equivalent substitutes f
• Bull v. SUN Life Assur. Co. OF Canada (two cases)
  141 F.2d 456· 7th Cir.· 1944-03-15 ·cited 16×
  The court held that the exclusion clause in the insurance policy was applicable, and the insurer was not liable.
• USAA Gen. Indem. Co. v. William J. Gogan, M.D.
  238 So. 3d 937· Fla. 4th DCA· 2018-03-14 ·cited 15×·via Plain Language Of Statute
  An insurer must apply a policy deductible to 100 percent of an insured's actual medical expenses and losses before applying any Medicare fee schedule reductions found in section 627.736(5)(a). Fee schedules are reimbursement limitations that apply only during the Benefits Phase w
• Patrick v. Hess
  212 So. 3d 1039· Fla.· 2017-02-16 ·cited 15×
  The Florida Supreme Court resolved a conflict among district courts regarding the statute of limitations applicable to enforcing foreign judgments domesticated under Florida's Enforcement of Foreign Judgments Act (FEFJA). The Court held that the twenty-year statute of limitations
• Zoltan Barati v. State
  198 So. 3d 69· Fla. 1st DCA· 2016-02-23 ·cited 15×·via Plain Language Interpretation
  A Florida appellate court held that the Attorney General possesses plenary authority to unilaterally dismiss a qui tam action under the Florida False Claims Act, regardless of whether the State previously declined to intervene in the litigation. This decision of first impression
• Mathews v. Branch Banking & Tr. Co.
  139 So. 3d 498· Fla. 2d DCA· 2014-06-06 ·cited 15×
  The Mathewses appealed a trial court order awarding BB & T all surplus foreclosure funds from the sale of their home. The appellate court reversed, holding that BB & T failed to comply with the mandatory statutory requirement to file a claim for surplus funds with the clerk withi
• Global Xtreme, Inc. v. Advanced Aircraft Ctr., Inc.
  122 So. 3d 487· Fla. 3d DCA· 2013-09-25 ·cited 15×·via Plain Language
  Global Xtreme challenges an attorney's fees award to Advanced Aircraft Center based on sections 57.105 and 713.29, Florida Statutes. The appellate court reversed, holding that Advanced failed to comply with the strict notice requirements of section 57.105 and that section 713.29
• Samples v. Fla. Birth-Related Neurological Injury Comp. Ass'n
  114 So. 3d 912· Fla.· 2013-05-16 ·cited 15×
  The Florida Supreme Court upheld the constitutionality of section 766.31(l)(b)1 of the Florida Birth-Related Neurological Injury Compensation Plan, which caps parental compensation at a single $100,000 award per claim regardless of the number of parents. The Court held that the l
• State v. Phillips
  119 So. 3d 1233· Fla.· 2013-04-04 ·cited 15×·via Plain Language Statutory Construction
  The Florida Supreme Court held that the state lacks jurisdiction to initiate civil commitment proceedings under the Jimmy Ryce Act (Involuntary Civil Commitment of Sexually Violent Predators Act) against an inmate whose sentence has already expired due to corrected time credits a
• Conway v. Conway
  111 So. 3d 925· Fla. 1st DCA· 2013-04-03 ·cited 15×
  Elizabeth Ann Conway appealed a trial court's decision in a marital settlement agreement enforcement action, challenging the denial of prejudgment interest and attorney's fees on an additional alimony award. The appellate court affirmed the $31,850.85 additional alimony award but
• Laveress Hopkins v. State
  105 So. 3d 470· Fla.· 2012-09-13 ·cited 15×
  The Florida Supreme Court held that section 784.082, which enhances penalties for battery committed by detainees in detention facilities, applies to juveniles in juvenile detention centers. The Court resolved a conflict between district courts by approving the Fourth District's i
• Fla. Dep't OF Agric. & Consumer Servs. & The Fla. Comm'r of Agric. v. Mendez
  98 So. 3d 604· Fla. 4th DCA· 2012-07-25 ·cited 15×
  Two consolidated class actions sought inverse condemnation damages from the Florida Department of Agriculture for destruction of citrus trees. The court held that Florida Statutes section 11.066 precludes execution against the state agency without legislative appropriation, and t