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

• Universal Prop. & Cas. Ins. Co. v. Colosimo
  61 So. 3d 1241· Fla. 3d DCA· 2011-05-25 ·cited 15×
  An insurer's failure to provide the statutorily required notice of the right to participate in mediation relieves the insured from submitting to a contractual appraisal process as a precondition to legal action.
• Fla. Dep't OF State v. Fla. State Conf. OF NAACP Branches
  43 So. 3d 662· Fla.· 2010-08-31 ·cited 15×
  The Florida Supreme Court affirmed a circuit court decision striking Amendment 7 from the November 2010 ballot because the ballot language failed to clearly inform voters that the amendment would convert the current mandatory requirement that legislative districts be contiguous i
• ST. Johns Inv. Mgmt. Co. v. Albaneze
  22 So. 3d 728· Fla. 1st DCA· 2009-11-13 ·cited 15×·via Plain Language Rule
  St. Johns Investment Management Company appealed the denial of its motion for a temporary injunction seeking to enforce noncompete provisions against former CEO David Albaneze. The trial court concluded the noncompete covenants expired with the four-year employment term, but the
• Philadelphia Indem. Ins. v. Yachtsman's Inn Condo Ass'n
  595 F. Supp. 2d 1319· S.D. Fla.· 2009-01-22 ·cited 15×
  The court held that the "absolute pollution exclusion" in the insurance policy unambiguously applied to the alleged exposure to feces, raw sewage, and battery acid, thus excluding coverage and relieving the insurer of any duty to defend or indemnify.
• Providence Prop. & Cas. & Certified HR Servs. v. Wilson
  990 So. 2d 1224· Fla. 1st DCA· 2008-09-28 ·cited 15×·via Plain Language
  In this workers' compensation case, the court held that an employee who received treatment from an authorized physician is entitled to a one-time change in physician under Florida Statute § 440.13(2)(f), regardless of whether the original physician discharged the employee or opin
• Calabro v. State
  995 So. 2d 307· Fla.· 2008-09-18 ·cited 15×·via Plain Language Statutory Construction
  The Florida Supreme Court held that a defendant's statements made during arraignment expressing a desire for plea negotiations and admitting guilt are inadmissible under Florida Statute § 90.410 and Criminal Procedure Rule 3.172(i), reversing the Third District Court of Appeal's
• Beckett v. Dep't OF Fin. Servs.
  982 So. 2d 94· Fla. 1st DCA· 2008-05-12 ·cited 15×·via Plain And Ordinary Meaning
  Paula Beckett, an insurance agent, challenged the Department of Financial Services' suspension of her license for engaging in "sliding"—selling ancillary insurance products without informed customer consent. The court affirmed the finding of sliding but reversed the Department's
• State v. Hobbs
  974 So. 2d 1119· Fla. 5th DCA· 2008-01-18 ·cited 15×
  The Florida Fifth District Court of Appeal reversed the trial court's exclusion of Hobbs's confession in a sexual abuse case, holding that Florida Statute section 92.565 permits admission of a defendant's trustworthy confession when the state cannot prove the crime, regardless of
• State v. Tracie Ann Elder
  975 So. 2d 481· Fla. 2d DCA· 2007-07-11 ·cited 15×
  The State appeals the trial court's dismissal of a charge against Elder for leaving the scene of a crash resulting in death, arguing that a vehicle is 'involved' in a crash even without direct collision.
• Crist v. Jaber
  908 So. 2d 426· Fla.· 2005-07-07 ·cited 15×
  The Florida Supreme Court upheld the Public Service Commission's decision to grant petitions by incumbent local exchange carriers (ILECs) to reduce intrastate switched network access rates and increase basic local service rates under the Tele-Competition Innovation and Infrastruc
• State v. Lockheed Martin Corp.
  905 So. 2d 1017· Fla. 1st DCA· 2005-07-05 ·cited 15×·via Plain Language Rule
  The Florida Department of Revenue appealed a trial court judgment awarding Lockheed Martin a tax refund for materials incorporated into research and development prototypes. The court held that section 212.052(2), Florida Statutes, unambiguously exempts tangible personal property
• BAY Holdings, Inc. v. 2000 Island Boulevard Condo. Ass'n
  895 So. 2d 1197· Fla. 3d DCA· 2005-02-23 ·cited 15×
  Bay Holdings, a subsequent assignee of a foreclosure judgment, does not qualify for the safe harbor provision of section 718.116(1) because that statute limits protection to first mortgagees or subsequent holders of the first mortgage, not assignees of judgments.
• Waksman Enters., Inc. v. Or. Props., Inc.
  862 So. 2d 35· Fla. 2d DCA· 2003-09-24 ·cited 15×
  Waksman Enterprises contracted to sell commercial property to Oregon Properties for $450,000, with Oregon paying $50,000 in deposits across multiple categories. When Oregon terminated due to inability to obtain a building permit, Waksman sought to retain all deposits as nonrefund
• Burns v. Barfield
  732 So. 2d 1202· Fla. 4th DCA· 1999-05-12 ·cited 15×
  The Burnses sold their shares in 14th Street, Inc. to fellow shareholders Irwin and Lacerte without offering them first to another shareholder, Barfield. The court reversed the jury verdict for Barfield, holding that the shareholders' agreement's right of first refusal was trigge
• Bd. OF Cnty. Comm'rs v. Sawyer
  620 So. 2d 757· Fla.· 1993-06-03 ·cited 15×
  The Florida Supreme Court held that an acquitted criminal defendant is not entitled to reimbursement of investigative costs from the county under Florida Statutes § 939.06, which limits reimbursable 'taxable costs' to court costs, court fees, and ministerial office costs. The Cou
• A. Johnson & Co., Inc. v. The AETNA Cas. & Sur. Co.
  933 F.2d 66· 1st Cir.· 1991-05-14 ·cited 15×
  The court held that the "pollution exclusion" in the insurance policies, specifically the requirement for a "sudden and accidental" release, precluded coverage for the contamination at the McKin site, thus relieving the insurer of any duty to defend or indemnify.
• Int'l Klafter Co., Inc. v. Cont'l Cas. Co., Inc.
  869 F.2d 96· 2d Cir.· 1989-02-21 ·cited 15×
  The court held that the plain language of the general agency agreements permitted termination at will, and the district court properly excluded extrinsic evidence.
• State of Fla. Dep't of Env't Reg. v. C.P. Developers, Inc.
  512 So. 2d 258· Fla. 1st DCA· 1987-08-24 ·cited 15×
  The Florida Department of Environmental Regulation (DER) appeals a trial court's grant of partial summary judgment to C.P. Developers regarding jurisdictional determinations under the Warren S. Henderson Wetlands Protection Act of 1984. The court reverses, holding that genuine di
• Mobil Sales & Supply Corp. & Mobil Oil Corp. v. The Vessel Panamax Venus
  804 F.2d 541· 9th Cir.· 1986-11-12 ·cited 15×
  A foreign preferred ship mortgage is subordinate to maritime liens for necessaries only if those necessaries were supplied within the United States, regardless of the supplier's nationality or the contract's substantial performance.
• United States v. Miller
  776 F.2d 978· 11th Cir.· 1985-11-21 ·cited 15×
  The court held that the statute prohibiting the knowing receipt of child pornography through the mail applies to individuals regardless of their intent to distribute, and does not violate constitutional privacy rights.
• Kidd v. United States Dep't OF Interior
  756 F.2d 1410· 9th Cir.· 1985-04-02 ·cited 15×
  The court held that the Desert Land Entry Act was not repealed by implication by the Taylor Grazing Act, and substantial compliance with the witness statement requirement was insufficient.
• Oliver v. United States Postal Serv.
  696 F.2d 1129· 5th Cir.· 1983-02-03 ·cited 15×·via Plain Language Rule
  The court held that placing an employee on paid administrative leave during the notice period for removal or suspension does not violate federal regulations or statutes, as there is no express requirement for the employee to remain on active duty.
• State OF Ala. ex rel. Charles A. Graddick v. Tenn. Valley Auth.
  636 F.2d 1061· 5th Cir.· 1981-02-13 ·cited 15×
  The court held that the Tennessee Valley Authority Act of 1933 requires only a "principal office" for service of process in Muscle Shoals, not the relocation of its entire administrative headquarters from Knoxville.
• Barrett v. Leiher
  355 So. 2d 222· Fla. 2d DCA· 1978-02-24 ·cited 15×
  Homeowners in a residential subdivision sued to enforce a restrictive covenant against a resident who constructed a free-standing wooden deck. The trial court found the covenant ambiguous and unenforceable, but the appellate court reversed, holding that the term "structure" is un
• Alland v. Consumers Credit Corp.
  476 F.2d 951· 2d Cir.· 1973-03-28 ·cited 15×
  The court held that the phrase "costs of suit" in the promissory notes, when construed under New York law, includes reasonable attorney's fees, and the district court erred in dismissing the claim for such fees.
• Rakoff v. World Ins. Co.
  191 So. 2d 476· Fla. 3d DCA· 1966-10-25 ·cited 15×
  A guardian appeals a summary judgment denying disability and hospitalization insurance benefits for an incompetent ward suffering from schizophrenia. The court affirmed the denial, holding that the policy's exclusion for claims arising from insanity or mental disorders clearly ap
• Platt v. Lanier
  127 So. 2d 912· Fla. 2d DCA· 1961-03-15 ·cited 15×
  Appointed members of a county executive committee are not required to take the candidate's party loyalty oath prescribed by statute.
• Crowder v. The Delta Air Line
  963 F.3d 1197· 11th Cir.· 2020-06-26 ·cited 14×
  The court held that an ex-spouse was not entitled to plan benefits because the automatic spousal beneficiary designation under the plan terminated upon divorce.
• Antoine E. McCloud v. State
  260 So. 3d 911· Fla.· 2018-12-20 ·cited 14×·via Plain Language Of Statute
  The Florida Supreme Court resolved a conflict between district courts regarding the proper interpretation of Florida's witness tampering statute (§ 914.22(1)(e)). The Court held that the statute does not require proof that a witness attempted to contact law enforcement as an elem
• Brenton McNeil v. State
  215 So. 3d 55· Fla.· 2017-04-13 ·cited 14×
  The Florida Supreme Court addressed whether certain criminal costs under Florida Statutes sections 938.08, 938.085, and 938.10 must be imposed per count or per case. The Court held that the plain language of these statutes requires per-count assessment, affirming the Fifth Distri
• Am. Learning Sys., Inc. v. Breno Gomes and Adriana Gomes
  199 So. 3d 1076· Fla. 4th DCA· 2016-08-31 ·cited 14×
  A private school appeals the circuit court's grant of a temporary injunction requiring release of high school transcripts to parents who withdrew their children and allegedly breached their enrollment contract by failing to pay tuition. The appellate court reverses, holding that
• Bair v. City OF Clearwater
  196 So. 3d 577· Fla. 2d DCA· 2016-08-05 ·cited 14×·via Plain Language Rule
  The Bairs appealed a final judgment dismissing their claims against the City of Clearwater for equitable estoppel and under the Bert Harris Act after the City issued a stop-work order on their home renovation in a flood zone. The court affirmed, holding that equitable estoppel is
• State v. Wright
  180 So. 3d 1043· Fla. 1st DCA· 2015-10-12 ·cited 14×
  Ray Mon Wright was convicted of aggravated assault and burglary. On appeal, Wright challenges the denial of his motion for acquittal on the burglary charge and a jury instruction, while the State cross-appeals the trial court's failure to sentence him as a prison releasee reoffen
• The Town OF Longboat KEY v. Islandside Prop. Owners Coal., LLC
  95 So. 3d 1037· Fla. 2d DCA· 2012-08-29 ·cited 14×
  The Town of Longboat Key challenges a circuit court's decision quashing a development order for a $400 million redevelopment of the Longboat Key Club on second-tier certiorari review. The appellate court affirmed the circuit court's quashing of the development order, holding that
• Galstyan v. Galstyan
  85 So. 3d 561· Fla. 4th DCA· 2012-04-18 ·cited 14×
  In a family law appeal, the Fourth District Court of Appeal reversed a final judgment of dissolution of marriage because the trial court failed to make adequate factual findings supporting the alimony award, child support arrearages repayment plan, and life insurance/bond require
• Cassista v. State
  57 So. 3d 265· Fla. 5th DCA· 2011-03-25 ·cited 14×·via Plain Language Rule
  The court held that the record was insufficient to determine if the defendant qualified for Prison Releasee Reoffender status, requiring further proceedings.
• Turnberry Invs., Inc. v. Streatfield
  48 So. 3d 180· Fla. 3d DCA· 2010-11-24 ·cited 14×
  Turnberry Investments appeals a judgment that invalidated a tax deed it purchased and required it to refund the purchase price to the former property owner. The key issue is whether Florida Statute § 197.602 requires the former owner to pay interest on the entire amount Turnberry
• Abbott v. Abbott
  5th Cir.· 2010-05-17 ·cited 14×
  A parent's ne exeat right, which requires consent before a child can be taken out of the country, constitutes a 'right of custody' under the Hague Convention on the Civil Aspects of International Child Abduction.
• Instituto de Prevision Militar v. Merrill Lynch
  546 F.3d 1340· 11th Cir.· 2008-10-29 ·cited 14×·via Plain Language Statutory Construction
  Instituto de Prevision Militar (IPM), a Guatemalan pension fund, sued Merrill Lynch for fraud and related state law claims arising from Merrill Lynch's alleged role in facilitating Pension Fund of America's theft of IPM's invested funds. The Eleventh Circuit held that SLUSA barre
• Linstroth v. Dorgan
  2 So. 3d 305· Fla. 4th DCA· 2008-06-11 ·cited 14×
  A former husband appealed a trial court's denial of his petition to terminate or reduce alimony based on his ex-wife's cohabitation with another man under Florida's new supportive relationship statute. The appellate court affirmed, holding that the trial court properly found no s
• Izquierdo v. Sills
  2004 WL 2290811· Del. Ch.· 2005-10-03 ·cited 14×
  The Court held that the "conclusion of the investigation" under the police department's disciplinary rules refers to the date the supervising officer approved the investigative report, not the date the officer was served with charges. Because the hearing was held more than thirty
• Contrera v. Fla. Unemployment Appeals Comm'n
  894 So. 2d 269· Fla. 1st DCA· 2004-12-10 ·cited 14×
  The Florida First District Court of Appeal addresses whether an appellate court must afford a party an opportunity to supplement an incomplete record before deciding an appeal, even when the appellant is pro se. The court holds that Florida Rule of Appellate Procedure 9.200(f)(2)
• Prewitt Mgmt. Corp. v. Nikolits
  795 So. 2d 1001· Fla. 4th DCA· 2001-08-15 ·cited 14×
  Prewitt Management Corporation, a sub-chapter S corporation owned by Hal Prewitt, sought a homestead tax exemption for residential property it held where Prewitt and his family resided. The court held that the Florida Legislature provided an exclusive list of corporate entities e
• State v. Lazo
  761 So. 2d 1244· Fla. 2d DCA· 2000-07-12 ·cited 14×·via Plain Language
  The State appealed a trial court's imposition of drug offender probation for a felony driving-while-license-suspended charge. The appellate court reversed, holding that drug offender probation under Florida Statute § 948.034(2) applies only to specifically enumerated drug offense
• Bryant H. Walker and Lorry Jo Walker v. State Farm Fire & Cas. Co.
  758 So. 2d 1161· Fla. 4th DCA· 2000-04-19 ·cited 14×·via Plain Language Rule Of Contract Interpretation
  Homeowners appealed a trial court's dismissal of their breach of contract claim against State Farm for stolen rare coins, arguing the policy's $200 special limitation on "coins" was ambiguous and did not apply to collectible coins. The appellate court affirmed, holding that the p
• Crump v. State
  746 So. 2d 558· Fla. 1st DCA· 1999-12-14 ·cited 14×
  Reginald Crump appealed his sentences under Florida's Prison Releasee Reoffender Punishment Act following convictions for resisting arrest with violence and felony petit theft. The court rejected his constitutional challenges to the statute but vacated the felony petit theft sent
• State v. DE LA Llana
  693 So. 2d 1075· Fla. 2d DCA· 1997-05-16 ·cited 14×·via Plain And Ordinary Meaning
  Florida appeals a county court's dismissal of a criminal charge under Fla. Stat. § 893.13(7)(a)5, which prohibits keeping or maintaining a place where controlled substances are used or sold. The appellate court reverses, holding the statute is facially constitutional and not impe
• State v. Efthimiadis
  690 So. 2d 1320· Fla. 4th DCA· 1997-02-26 ·cited 14×
  Florida appealed the trial court's dismissal of charges against a cruise ship captain for operating an unregistered vessel. The trial court held Florida's vessel registration statute unconstitutional as applied, but the appellate court reversed, holding the statute was constituti
• Burger King Corporation/Cigna Ins. Co. v. Moreno
  689 So. 2d 288· Fla. 1st DCA· 1997-02-03 ·cited 14×·via Plain Language Rule
  In a workers' compensation case, the court affirmed that a 69-year-old claimant injured while receiving Social Security retirement benefits remains entitled to permanent total disability supplemental benefits because the statutory cessation requirement applies only to employees e
• Plante v. Dep't of Bus. & Prof'l Reg.
  685 So. 2d 886· Fla. 4th DCA· 1996-11-13 ·cited 14×·via Plain And Ordinary Meaning
  A veterinarian licensed to work at a harness racing track appeals his suspension and $2,000 fine for administering a sodium bicarbonate solution ("milkshake") to a racehorse. The court affirms the finding that he violated Florida's prohibition on administering drugs to affect rac