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

• Zuckerman v. Hofrichter & Quiat, P.A.
  646 So. 2d 187· Fla.· 1994-12-01 ·cited 14×
  The Florida Supreme Court held that disability insurance benefits paid in a lump sum pursuant to a settlement agreement are exempt from garnishment under Florida Statute 222.18, which protects disability income benefits 'of whatever form' from creditor claims.
• Houston D. Perkins v. State
  630 So. 2d 1180· Fla. 1st DCA· 1994-01-12 ·cited 14×
  A structure designed to be occupied by people lodging therein at night constitutes a dwelling under the 1982 amended Florida statute, irrespective of actual occupancy or the owner's intent to return, unless credible evidence shows the structure's character has been substantially
• United States v. Skinner
  946 F.2d 176· 2d Cir.· 1991-09-30 ·cited 14×
  The court affirmed convictions for drug and money laundering offenses but remanded for reconsideration of a downward departure from the sentences imposed under the Sentencing Guidelines.
• United States v. Alli
  929 F.2d 995· 4th Cir.· 1991-04-09 ·cited 14×
  The dissenting judge argues that the Sentencing Reform Act's probation revocation provisions allow for sentences beyond the original guideline range, up to the statutory maximum.
• United States v. ON Leong Chinese Merchs. Ass'n Bldg.
  918 F.2d 1289· 7th Cir.· 1990-11-14 ·cited 14×
  The court did not reach the constitutional arguments regarding forfeiture due to waiver.
• United States v. Vinton Bedonie and Thomas Cly
  913 F.2d 782· 10th Cir.· 1990-08-24 ·cited 14×
  The court held that the federal arson statute (18 U.S.C. § 81) includes motor vehicles and that the district court had jurisdiction to try the defendants for arson-murder under federal law, even though the indictment did not specifically reference § 81. The court also found no pl
• UNR Indus., Inc. v. The United States
  911 F.2d 654· Fed. Cir.· 1990-07-30 ·cited 14×
  The dissent argues that 28 U.S.C. § 1500's jurisdictional bar applies if the same claim is pending in another court when the Claims Court suit is filed, regardless of subsequent events.
• Life Concepts, Inc. v. Harden
  562 So. 2d 726· Fla. 5th DCA· 1990-04-26 ·cited 14×
  Life Concepts, Inc. sought a special exception to operate a group home for disabled adults in Apopka. The trial court granted summary judgment declaring the zoning ordinance unconstitutionally vague because it required occupancy to be "compatible with surrounding residential uses
• Midamerica Fed. Sav. & Loan Ass'n v. Shearson/American Express Inc.
  886 F.2d 1249· 10th Cir.· 1989-09-28 ·cited 14×·via Plain Language Statutory Construction
  The court held that the defendants breached their fiduciary duty and violated Oklahoma securities law because they induced the purchase of securities through material omissions, and the plaintiff's lack of actual knowledge of these omissions was sufficient to establish liability.
• Lynch v. Lyng
  872 F.2d 718· 6th Cir.· 1989-04-07 ·cited 14×
  The court held that the Food Security Act of 1985's amendments, including the expanded definition of disability, were effective as of the date of enactment, December 23, 1985, and the Secretary of Agriculture could not unilaterally delay this effective date.
• News Am. Publ'g, Inc. v. Fed. Commc'ns Comm'n
  844 F.2d 800· D.C. Cir.· 1988-03-29 ·cited 14×
  The court held that the final 18 words of the Hollings Amendment, which targeted a single entity (Rupert Murdoch) by forbidding extensions of his temporary media ownership waivers, must be scrutinized under a standard more stringent than minimum rationality and are therefore unco
• Mangels v. United States
  828 F.2d 1324· 8th Cir.· 1987-09-16 ·cited 14×
  The court held that the acts of a court-appointed conservator for an incapacitated decedent can satisfy the material participation requirement for special use valuation under I.R.C. § 2032A, and that the conservator's activities in this case did meet the requirement.
• Overseas Educ. Ass'n (A Unified State Affiliate of the Nat'l Educ. Association) v. Fed. Labor Relations Auth.
  824 F.2d 61· D.C. Cir.· 1987-07-24 ·cited 14×·via Plain Language Of Statute
  Federal court jurisdiction over FLRA decisions reviewing arbitral awards exists only if the FLRA's order involves a statutory unfair labor practice, not merely if the underlying conduct could be characterized as such.
• Foxgord v. Baron Herbert Hischemoeller
  820 F.2d 1030· 9th Cir.· 1987-06-23 ·cited 14×
  A district court does not have exclusive subject matter jurisdiction over private actions against an American citizen serving as an honorary consul general for another country under 28 U.S.C. § 1351(1).
• United Transp. Union v. Dole
  797 F.2d 823· 10th Cir.· 1986-06-27 ·cited 14×
  The court held that the acquisition of existing sleeping quarters by a railroad was not equivalent to 'construction' prohibited by the Hours of Service Act, as amended, and its regulations.
• In re Flagstaff Foodservice Corp. v. Levin & Weintraub
  739 F.2d 73· 2d Cir.· 1984-07-10 ·cited 14×·via Plain Language
  The court held that interim professional fees awarded in a Chapter 11 proceeding cannot be paid from a secured creditor's collateral when the creditor holds a super-priority lien, unless the services primarily benefited the secured creditor under 11 U.S.C. § 506(c).
• Fmali Herb, Inc. v. Heckler
  715 F.2d 1385· 9th Cir.· 1983-09-15 ·cited 14×
  The court held that the FDA's regulation defining 'common use in food' to mean only use within the United States is an invalid interpretation of the Food, Drug, and Cosmetic Act.
• Shippers Nat'l Freight Claim Council, Inc. v. Interstate Commerce Comm'n & United States
  712 F.2d 740· 2d Cir.· 1983-06-13 ·cited 14×
  The court held that the Interstate Commerce Commission lacked authority to approve deductible limitations for carriers of household goods under 49 U.S.C. § 10730(a).
• United States v. Perdue Farms, Inc.
  680 F.2d 277· 2d Cir.· 1982-05-20 ·cited 14×
  The court held that the literal terms of the Packers and Stockyards Act apply to a live poultry dealer's activity with respect to poultry products.
• Fla. Farm Bureau Mut. Ins. Co. v. Quinones
  409 So. 2d 97· Fla. 3d DCA· 1982-01-19 ·cited 14×
  Florida Farm Bureau appeals an attorney's fee award granted to an insured who obtained a judgment against his uninsured motorist carrier. The court holds that Section 627.428(1), Florida Statutes, mandates attorney's fees for any judgment against an insurer in favor of an insured
• Am. Paper Inst. v. United States Env't Prot. Agency & Douglas M. Costle
  660 F.2d 954· 4th Cir.· 1981-07-28 ·cited 14×
  The court held that the statutory language regarding cost-effectiveness testing was unambiguous and required a specific two-part test. The dissenting judge disagreed, finding the language ambiguous and arguing for deference to the agency's interpretation.
• In re Stauffer Chem. Co. v. Env't Prot. Agency & United States
  647 F.2d 1075· 10th Cir.· 1981-05-08 ·cited 14×
  Employees of a private company under contract with the EPA are not 'authorized representatives' of the EPA Administrator for the purpose of entering and inspecting an emission source under the Clean Air Act.
• JePhunneh Lawrence v. Staats
  640 F.2d 427· D.C. Cir.· 1981-02-05 ·cited 14×·via Plain Language Rule
  Title VII of the Civil Rights Act of 1964 applies to employees of the General Accounting Office (GAO) only if they are in the competitive service, not the excepted service.
• Bragg v. State
  371 So. 2d 1082· Fla. 4th DCA· 1979-06-13 ·cited 14×
  Florida appellate court affirmed that opening an automobile engine compartment to remove a battery constitutes burglary of a conveyance under Fla. Stat. § 810.02(3), rejecting the defendant's argument that burglary requires entry into the passenger compartment.
• Hialeah, Inc. v. B & G Horse Transp., Inc.
  368 So. 2d 930· Fla. 3d DCA· 1979-03-09 ·cited 14×
  B & G Horse Transportation sought a temporary injunction to prevent competitors from operating an intertrack horse transportation service without obtaining a certificate from the Florida Public Service Commission. The court reversed the injunction, holding that Section 323.24 aut
• Winter v. Playa del SOL, Inc.
  353 So. 2d 598· Fla. 4th DCA· 1977-12-13 ·cited 14×
  The court held that the statutory right to inspect condominium records includes the right to make handwritten notations from those records.
• Champion Int'l Corp. v. Cont'l Cas. Co.
  546 F.2d 502· 2d Cir.· 1976-12-09 ·cited 14×
  The court held that the delamination of defective paneling in 1400 separate instances constituted 1400 separate occurrences under the insurance policy, not one single occurrence.
• Colo. Pub. Interest Research Grp., Inc. v. Train
  507 F.2d 743· 10th Cir.· 1974-12-09 ·cited 14×
  The court held that the Federal Water Pollution Control Act, as amended in 1972, requires the EPA Administrator to regulate the discharge of all radioactive materials into navigable waters, as the statute's plain language includes all radioactive materials within the definition o
• Brennan v. Gen. Tel. Co. OF Fla.
  488 F.2d 157· 5th Cir.· 1973-11-30 ·cited 14×
  The Consumer Credit Protection Act does not preclude an employer from discharging an employee based on garnishments that occurred prior to the Act's effective date.
• Int'l Trading Co. v. Commissioner OF Internal Revenue
  484 F.2d 707· 7th Cir.· 1973-07-24 ·cited 14×
  The court held that a corporation is entitled to deduct a loss from the sale of real estate not used in its trade or business or held for income production, as the Internal Revenue Code does not impose such a limitation on corporations.
• Busse v. Commissioner OF Internal Revenue
  479 F.2d 1147· 7th Cir.· 1973-06-01 ·cited 14×
  Payments made pursuant to a patent transfer described in I.R.C. § 1235(a) are exempt from the unstated interest provisions of I.R.C. § 483, even if the transfer does not qualify for capital gains treatment under § 1235 itself.
• Ark. Valley Indus., Inc. v. Freeman
  415 F.2d 713· 8th Cir.· 1969-07-30 ·cited 14×·via Plain Language Of Statute
  The Secretary of Agriculture lacked the statutory authority to issue a cease and desist order against live poultry dealers and handlers, as the relevant procedural sections of the Packers and Stockyards Act apply only to 'packers'.
• Sanz v. Reserve Ins. Co. of Chicago
  172 So. 2d 912· Fla. 3d DCA· 1965-03-23 ·cited 14×
  Appellants sought declaratory relief regarding whether their borrowed vehicle was covered under an insurance policy when their owned vehicle was being painted with business signage. The court held that 'servicing' in the policy language includes painting and reversed the trial co
• Hilliard v. United States
  310 F.2d 631· 6th Cir.· 1962-12-12 ·cited 14×
  The court held that the taxpayer qualified as a head of household because his daughter was unmarried at the close of the taxable year, as per the plain language of the statute.
• Fisher Flouring Mills Co. v. United States
  270 F.2d 27· 9th Cir.· 1958-10-06 ·cited 14×
  The court held that the 1942 excise tax statute, which imposed a tax on amounts paid within the United States for transportation of property by rail, did not apply to amounts paid in Canada for such transportation.
• Hodges v. United States
  223 F.2d 140· 5th Cir.· 1955-06-02 ·cited 14×
  The dissenting judge would reverse the conviction, finding prejudicial error due to a defective indictment and variance between the indictment and the proof.
• Schwartz v. Mills
  192 F.2d 727· 2d Cir.· 1951-11-15 ·cited 14×·via Plain Language Rule
  The court held that a claimant corporation, despite shared ownership with the bankrupt, was not disqualified from voting its claim under § 44(a) of the Bankruptcy Act, and its proof of claim was sufficient for voting purposes.
• Mesaba-Cliffs Min. Co. v. Commissioner of Internal Revenue
  174 F.2d 857· 6th Cir.· 1949-05-11 ·cited 14×
  A taxpayer is entitled to carry over an unused excess profits credit from a prior year to reduce its excess profits tax liability in a subsequent year, even if the prior year's credit arose from a voluntary change in business operations rather than fluctuating earnings.
• Aiken Mills, Inc. v. United States
  144 F.2d 23· 4th Cir.· 1944-08-02 ·cited 14×
  The court held that the transaction between the mills and Seneca was a joint venture, not a processing of goods for a customer for a fee, and thus the district court correctly dismissed the suits for lack of jurisdiction.
• Israel v. DeSantis
  269 So. 3d 491· Fla.· 2019-04-23 ·cited 13×·via Plain Language Interpretation
  The Florida Supreme Court affirmed a lower court's dismissal of a Sheriff's petition challenging his suspension. The court held that the Governor's executive order suspending the Sheriff for neglect of duty and incompetence contained sufficient factual allegations to meet the con
• Pankajkumar S. Patel v. U.S. Attorney General
  917 F.3d 1319· 11th Cir.· 2019-03-06 ·cited 13×
• Tuyuana L. Morris v. Orlando S. Muniz, M.D.
  252 So. 3d 1143· Fla.· 2018-09-06 ·cited 13×
  Where facts regarding a presuit medical expert's qualifications are unrefuted, the proper standard of appellate review of a trial court's dismissal of a medical malpractice action based on the expert's lack of qualification is de novo, not abuse of discretion. Before a medical ma
• Dyck-O'Neal, Inc. v. Lanham
  257 So. 3d 1· Fla.· 2018-07-05 ·cited 13×
  Section 702.06, Florida Statutes (2014), permits a lender or assignee to pursue a deficiency judgment in a separate action at law if the foreclosure court reserved jurisdiction but did not adjudicate the claim.
• Domino's Pizza, LLC v. Wiederhold
  248 So. 3d 212· Fla. 5th DCA· 2018-05-11 ·cited 13×
  Domino's Pizza appealed a jury verdict awarding damages to the estate of Richard Wiederhold for injuries sustained in an automobile accident caused by a Domino's franchisee's delivery driver. The Fifth District Court of Appeal affirmed the jury's findings that Domino's could be v
• Ocean Concrete, Inc. v. Indian River Cnty.
  241 So. 3d 181· Fla. 4th DCA· 2018-03-14 ·cited 13×·via Plain Language Statutory Construction
  A use that is expressly permitted under a zoning code at the time of a government action is a nonspeculative existing use under the Harris Act, regardless of the economic feasibility of the project. A use that is permitted under zoning code is per se compatible with surrounding l
• Galencare, Inc. v. Bayfront HMA Med. Ctr, LLC
  Fla. 1st DCA· 2018-01-02 ·cited 13×
  A competitor hospital seeking a temporary injunction against a rival's provisional trauma center operations failed to establish a substantial likelihood of success on the merits because the statutory framework does not require the Department to consider whether trauma center posi
• Whitney Bank v. Von Daniel Grant, Jr.
  223 So. 3d 476· Fla. 1st DCA· 2017-08-07 ·cited 13×·via Plain Language Rule
  Whitney Bank sought to recover alleged deficiencies on promissory notes following a short sale of the Grants' residential property. The trial court applied a one-year statute of limitations for deficiency judgments, but the appellate court reversed, holding that the statute of li
• Deutsche Bank Nat'l Tr. Co. for Morgan Stanley Home Equity Loan Tr. 2007-1 v. Hagstrom
  203 So. 3d 918· Fla. 2d DCA· 2016-07-20 ·cited 13×·via Plain Language Of Statute
  Deutsche Bank, as holder of a promissory note secured by a mortgage, appealed a summary judgment granted to homeowners on grounds that Deutsche Bank failed to comply with Florida's notice requirement in section 559.715 for assignment of debt collection rights. The court reversed,
• Citimortgage, Inc. v. Turner
  172 So. 3d 502· Fla. 1st DCA· 2015-08-04 ·cited 13×
  The Florida First District Court of Appeal reversed a final judgment that prevented a bank from foreclosing on a co-owner's interest in a property. The court found that the mortgage unambiguously encumbered the entire property, including the co-owner's interest, despite a notatio
• Fortune v. Gulf Coast Tree Care Inc./Florida Citrus Bus. & Indus.
  148 So. 3d 827· Fla. 1st DCA· 2014-10-13 ·cited 13×·via Plain Language
  In this workers' compensation case, the Florida District Court of Appeal reversed the Judge of Compensation Claims' denial of reimbursement for medical expenses, mileage, and co-payments incurred by an employee following a work-related assault injury. The court held that when an