Plain Meaning Rule

2,378 Florida cases classified under this topic · sorted by citation count

• Lewis v. Grinker
  965 F.2d 1206· 2d Cir.· 1992-01-31 ·cited 11×
  The court held that the plain language of a statute may be disregarded in rare and exceptional circumstances where its literal application would produce a result demonstrably at odds with congressional intent and cause significant harm.
• Indep. Petrochemical Corp. v. AETNA Cas. & Sur. Co.
  944 F.2d 940· D.C. Cir.· 1991-09-13 ·cited 11×
  Under Missouri law, the term 'damages' in standard comprehensive general liability insurance policies includes sums the insured is legally obligated to pay for environmental cleanup costs. A policy covering affiliated companies expired when the insured company was sold and no lon
• In re Roberts v. United States
  906 F.2d 1440· 10th Cir.· 1990-06-27 ·cited 11×
  Tax penalties imposed with respect to a transaction or event that occurred more than three years before the filing of a bankruptcy petition are dischargeable under section 523(a)(7)(B) of the Bankruptcy Code.
• Hancock Advertising, Inc. v. Dep't OF Transp.
  549 So. 2d 1086· Fla. 3d DCA· 1989-09-26 ·cited 11×
  Hancock Advertising appeals a Department of Transportation order requiring removal of an outdoor advertising sign located near the intersection of I-95 and State Road 836 in Miami. The court reversed, holding that the sign is located "on" State Road 836, not I-95, and therefore f
• United States v. Meyer
  808 F.2d 912· 1st Cir.· 1987-01-14 ·cited 11×
  The five-year statute of limitations for enforcing civil penalties under the Export Administration Act is triggered on the date the penalty is imposed, not on the date of the predicate violation.
• United Guar. Residential Ins. v. Alliance Mortg. Co.
  644 F. Supp. 339· M.D. Fla.· 1986-09-26 ·cited 11×
  The court held that Fla.Stat. § 624.155(1)(b)1, by its plain language, provides a remedy for insureds injured by an insurer's bad faith refusal to settle claims, including first-party claims.
• Boca Raton Artificial Kidney Ctr., Inc. v. Dep't OF Health & Rehabilitative Servs. & W. Boca Raton Artificial Kidney Ctr.
  493 So. 2d 1055· Fla. 1st DCA· 1986-07-29 ·cited 11×
  The court held that the agency erred in using population data from a later period than permitted by its own rule to determine the need for dialysis stations.
• Brill v. Indianapolis Life Ins. Co.
  784 F.2d 1511· 11th Cir.· 1986-03-24 ·cited 11×
  The court held that the decedent was a fare-paying passenger on a public conveyance operated by a common carrier, thus entitling beneficiaries to double indemnity benefits under the insurance policies.
• Quesada v. Dir., Fed. Emergency Mgmt. Agency
  577 F. Supp. 695· S.D. Fla.· 1983-12-29 ·cited 11×
  The court held that State Farm's homeowners policy excluded flood damage, but FEMA's flood insurance policy covered damage proximately caused by flooding from Tropical Storm Dennis, and FEMA waived the proof of loss requirement.
• Morrison Assurance Co. v. The Sch. Bd. OF Suwannee Cnty.
  414 So. 2d 581· Fla. 1st DCA· 1982-05-10 ·cited 11×
  Morrison Assurance Company appeals a trial court's grant of summary judgment declaring that its insurance policy provided coverage to the School Board for a student's injury sustained during a physical education class 50-yard dash. The court reversed, holding that the policy's pl
• Checkrite Petroleum, Inc. v. Amoco OIL Co.
  678 F.2d 5· 2d Cir.· 1982-04-01 ·cited 11×
  The Petroleum Marketing Practices Act (PMPA) does not apply to the relationship between Amoco and Checkrite because Checkrite does not fit the statutory definitions of 'distributor' or 'retailer', and thus is not a 'franchisee'.
• Progress Marine, Inc. v. Foremost Ins. Co.
  642 F.2d 816· 5th Cir.· 1981-04-15 ·cited 11×
  The court held that 'compulsory by law' for wreck removal under a marine P&I policy is not limited to situations with a direct governmental order, but requires a reasonable apprehension of legal liability.
• Chappell v. Fla. Dep't of Health & Rehabilitative Servs.
  391 So. 2d 358· Fla. 5th DCA· 1980-12-18 ·cited 11×
  The court addresses whether the 1980 amendment to Florida's indigency statute permits appellate courts to waive filing fees for indigent parties, and clarifies the proper procedure for obtaining such waivers. The court holds that the statute does apply to appellate proceedings bu
• Fuerst v. The Hous. Auth. of the City of Atlanta
  38 F.4th 860· 11th Cir.· 2022-06-22 ·cited 10×
  Karen Fuerst, an attorney employed by the Atlanta Housing Authority (a federal grant recipient), was fired in 2017 after objecting to her CEO's renegotiation tactics regarding developer agreements, which she believed jeopardized federal housing funds and tax credits. The Eleventh
• Alphonso Finney v. State
  219 So. 3d 254· Fla. 1st DCA· 2017-05-19 ·cited 10×
  Alphonso Finney, a habitual traffic offender who never obtained a Florida driver's license, sought prohibition of his prosecution under Florida Statute § 322.34(2)(c) for driving with a suspended/revoked license. The court granted the petition, holding that habitual traffic offen
• Nat'l Auto Serv. Ctrs., Inc. v. F/R 550, LLC
  192 So. 3d 498· Fla. 2d DCA· 2016-03-30 ·cited 10×
  This case interprets Florida's Uniform Fraudulent Transfer Act (FUFTA) concerning the timeliness of claims to void fraudulent transfers. The court held that the one-year discovery savings clause in section 726.110(1) is triggered by discovery of the transfer itself, not discovery
• Finr II, Inc. v. Hardee Cnty.
  164 So. 3d 1260· Fla. 2d DCA· 2015-06-10 ·cited 10×
  FINR II, Inc. appeals the dismissal of its Bert Harris Act claim against Hardee County, alleging that the county's approval of reduced mining setbacks on adjacent property inordinately burdened FINR's rehabilitation facility and diminished its property value by $38 million. The c
• Ala. Educ. Ass'n v. State Superintendent OF Educ.
  746 F.3d 1135· 11th Cir.· 2014-02-05 ·cited 10×
  The Alabama Supreme Court held that the phrase "or otherwise" in Act No. 2010-761, which regulates salary deductions for payments to political organizations, is limited to state-facilitated payment mechanisms similar to salary deductions, not all private payment methods. The Cour
• OB/GYN Specialists OF THE Palm Beaches, P.A. v. Mejia
  134 So. 3d 1084· Fla. 4th DCA· 2014-01-08 ·cited 10×
  In this wrongful birth medical malpractice case, the court reversed a $2.5 million jury verdict and remanded for a new trial, holding that the trial court erred in excluding evidence and argument that Florida law prohibits third trimester abortions, which was directly relevant to
• Jean-Michel v. State
  96 So. 3d 1043· Fla. 4th DCA· 2012-08-29 ·cited 10×
  Consecutive life sentences imposed on a nineteen-year-old for non-homicide crimes do not constitute cruel and unusual punishment, and the 10-20-Life statute mandates consecutive sentencing.
• Fadia Daneri v. Bcre Brickell, LLC
  79 So. 3d 91· Fla. 3d DCA· 2012-01-04 ·cited 10×
  Buyers appealed summary judgment denying their claim that a developer violated Florida's condominium deposit protection statute by conditioning return of their deposits on lender approval. The court reversed, finding material factual disputes about whether the buyers defaulted an
• Alan D. Mendelsohn, M.D. v. State
  68 So. 3d 965· Fla. 1st DCA· 2011-08-31 ·cited 10×
  A physician challenged an emergency suspension of his medical license by the Florida Department of Health following his federal conviction for conspiracy to commit fraud. The court held that the statute authorizing automatic emergency suspension applies only to federal crimes rel
• Simpson v. Simpson
  68 So. 3d 958· Fla. 4th DCA· 2011-08-24 ·cited 10×
  Deanna Simpson appealed a trial court order modifying Gregory Simpson's alimony obligations downward and denying her motion for civil contempt. The Fourth District Court of Appeal affirmed the denial of the contempt motion but reversed the alimony modification, finding the trial
• Lemus v. State
  33 So. 3d 774· Fla. 4th DCA· 2010-04-21 ·cited 10×
  The appellate court affirmed a defendant's convictions for aggravated assault but reversed his twenty-year mandatory minimum sentences. The court held that discharging a firearm seven hours before the aggravated assaults did not satisfy the "during the commission of the felony" r
• Allie Brook v. State
  999 So. 2d 1093· Fla. 5th DCA· 2009-01-09 ·cited 10×
  A Florida appellate court reversed the conviction of an employee for carrying a concealed firearm at his place of employment, holding that Florida Statute section 790.25(3)(n) exempts employees from the concealed weapons prohibition when possessed at their workplace.
• LaMORTE v. State
  984 So. 2d 548· Fla. 2d DCA· 2008-05-02 ·cited 10×
  James Peter LaMorte, a high school teacher and swim coach, challenged the statute of limitations for prosecution of sexual offenses against two students, arguing that Florida's misconduct-in-office extension to the limitations period did not apply to public school employees. The
• Matrix Emp. Leasing & Fcic/First Commercial Claim Servs. v. Leopoldo Hernandez
  975 So. 2d 1217· Fla. 1st DCA· 2008-03-10 ·cited 10×
  The Florida First District Court of Appeal affirmed that an employee who fraudulently obtained employment by presenting a false social security card remains entitled to workers' compensation benefits, holding that the statutory forfeiture provision applies only when the fraudulen
• Bankers Tr. Co. v. Basciano
  960 So. 2d 773· Fla. 5th DCA· 2007-05-25 ·cited 10×
  Bankers Trust Company and Lennar Partners appealed a jury verdict finding them liable for negligent misrepresentation and FDUTPA violations to Richard Basciano, a hotel borrower's representative who claimed defendants promised to work with him to restructure a failing loan. The a
• Kohl v. Blue Cross & Blue Shield OF Fla., Inc.
  955 So. 2d 1140· Fla. 4th DCA· 2007-03-21 ·cited 10×
  A chiropractor challenged an anti-assignment of benefits clause in a health insurance policy, arguing it was unenforceable and ambiguous. The court held that the policy provision clearly and unambiguously prohibited assignment of benefits to non-participating providers and was en
• The Humane Soc'y OF Broward Cnty., Inc. v. The Fla. Humane Soc'y
  951 So. 2d 966· Fla. 4th DCA· 2007-03-14 ·cited 10×
  Broward Humane Society challenged a trial court's award of prevailing party attorney's fees to Florida Humane Society under Florida's Deceptive and Unfair Trade Practices Act (FDUTPA), arguing that prevailing defendants should only recover fees when a plaintiff's claim is frivolo
• State v. Cyphers
  873 So. 2d 471· Fla. 2d DCA· 2004-05-12 ·cited 10×
  The State appealed trial court orders dismissing gambling charges against Cyphers and McKinney on vagueness grounds. The appellate court reversed, holding that Florida's gambling statutes are not unconstitutionally vague and that the defendants' conduct clearly fell outside the c
• Klak v. Eagles' Reserve Homeowners' Ass'n, Inc.
  862 So. 2d 947· Fla. 2d DCA· 2004-01-16 ·cited 10×
  Homeowners in a fee simple community sued their homeowners' association seeking a declaratory judgment that the association was liable for reconstructing defective exterior walls. The trial court interpreted the declaration's maintenance clause to obligate the association to repa
• Burris v. State
  825 So. 2d 1034· Fla. 5th DCA· 2002-09-13 ·cited 10×
  Daniel Burris was convicted of robbery with a deadly weapon after using his automobile to snatch a purse from a victim. The appellate court reversed, holding that Florida's robbery statute requires that a deadly weapon be "carried" rather than merely "used," and an automobile can
• A.B. v. State
  757 So. 2d 1241· Fla. 4th DCA· 2000-04-26 ·cited 10×
  A minor was charged with possessing a knife on school campus in violation of Florida statute 790.115(2)(a). The court held that the statute's plain language prohibits all knives, including those that might qualify as common pocketknives, and that the statutory definition of 'weap
• Robinson v. Sterling Door & Window Co., Inc.
  698 So. 2d 570· Fla. 1st DCA· 1997-07-21 ·cited 10×
  Robinson appealed a trial court's determination that Sterling Door & Window Company's judgment lien on his property was valid despite lacking the lienholder's address. The appellate court reversed, holding that Florida Statute § 55.10(1) unambiguously requires the lienholder's ad
• In re Glados, Inc. v. Jere M. Fishback and Lawrence S. Kleinfeld
  83 F.3d 1360· 11th Cir.· 1996-05-28 ·cited 10×
  The Eleventh Circuit reversed the bankruptcy court's decision that trustees and professionals could receive interest on their compensation from the date of appointment or fee application submission, respectively. The court held that under 11 U.S.C. § 726(a)(5), interest on admini
• State v. Cent. Dade Malpractice Tr. Fund
  673 So. 2d 899· Fla. 1st DCA· 1996-05-07 ·cited 10×
  The Florida Department of Revenue appeals a hearing officer's invalidation of an administrative rule denying tax credits to medical malpractice self-insurance funds, while the funds cross-appeal the Department's assessment denying those credits. The court holds that plain statuto
• Atlanta Cas. Co. v. Shirley T. Evans (formerly Brinson)
  668 So. 2d 287· Fla. 1st DCA· 1996-02-20 ·cited 10×
  The First District Court of Appeal of Florida reversed a lower court's decision, holding that an insurance policy renewal did not require the insurer to re-offer uninsured motorist coverage if it had been previously rejected in writing by a named insured. The court emphasized the
• Beyel Bros. Crane & Rigging Co. of S. Fla., Inc. v. ACE Transp., Inc.
  664 So. 2d 62· Fla. 4th DCA· 1995-12-13 ·cited 10×
  The court held that the 1990 amendment to section 768.79, Florida Statutes, broadened its application to any civil action for damages, not just negligence actions.
• Christo v. State
  649 So. 2d 318· Fla. 1st DCA· 1995-01-26 ·cited 10×
  The Christos appealed an administrative order dismissing their petition challenging the Department of Banking and Finance's failure to promulgate certain agency policies as rules. The court held that section 120.535, Florida Statutes, provides the exclusive mechanism for challeng
• City OF Delray Beach v. Professional Firefighters OF Delray Beach
  636 So. 2d 157· Fla. 4th DCA· 1994-04-27 ·cited 10×
  In a case of first impression, the Florida Fourth District Court of Appeal affirmed an unfair labor practice finding that the City of Delray Beach violated collective bargaining law by unilaterally ceasing to pay individual performance increases to employees during the status quo
• BB Landmark, Inc. v. Bertram M. Haber
  619 So. 2d 448· Fla. 3d DCA· 1993-06-08 ·cited 10×
  A developer's unilateral increase in the cost of extras in a condominium contract constitutes a material and adverse amendment, triggering the buyer's statutory right to cancel the contract within 15 days.
• T.J. v. State
  619 So. 2d 425· Fla. 1st DCA· 1993-06-04 ·cited 10×
  T.J., a juvenile, pleaded nolo contendere to petty theft but had adjudication withheld. The trial court assessed $50 in costs under section 960.20, Florida Statutes. The appellate court reversed, holding that costs cannot be assessed when adjudication of delinquency is withheld b
• State v. Diloreto
  600 So. 2d 25· Fla. 4th DCA· 1992-06-03 ·cited 10×
  Florida appealed a trial court's order dismissing a trafficking charge for oxycodone, arguing the drug fell under the trafficking statute. The appellate court affirmed the dismissal, holding that the trafficking statute applies only to drugs explicitly specified in its terms—morp
• Hartford Accident & Indem. Co. v. U.S. Fid. & Guar. Co.
  962 F.2d 1484· 10th Cir.· 1992-04-30 ·cited 10×
  The court held that under Utah law, the 'sudden and accidental' exception to a pollution exclusion clause requires the discharge of pollutants to be both temporally abrupt and unexpected or unintended, thus excluding coverage for continuous or routine discharges.
• AIR Courier Conf. OF America/International Comm. v. U.S. Postal Serv. Air Courier Conf. of America/International Comm.
  959 F.2d 1213· 3d Cir.· 1992-03-13 ·cited 10×
  The court held that deference may be accorded to an agency's interpretation of its own jurisdiction, particularly when the statutory authorization is broad and the agency possesses superior expertise in effectuating statutory purposes.
• Drexel Finley and Grace Finley v. Special Agents Mut. Benefit Ass'n, Inc.
  957 F.2d 617· 8th Cir.· 1992-02-27 ·cited 10×
  The court held that the "as determined by the SAMBA Board of Directors" clause grants the Board discretionary authority to interpret the "killed in the line of duty" provision, and their denial of benefits based on the death not resulting from a "confrontational situation" was no
• Oneida Tribe OF Indians OF Wisconsin v. State of Wis.
  951 F.2d 757· 7th Cir.· 1991-12-20 ·cited 10×
  The court held that the term 'lotto' in the Indian Gaming Regulatory Act refers to a bingo-like game of chance, not the broader category of state-run lotteries.
• United States v. LaFLEUR
  952 F.2d 1537· 9th Cir.· 1991-12-16 ·cited 10×
  The court should interpret 18 U.S.C. § 1111(b) to permit downward departures for mitigating circumstances, rather than imposing a mandatory life sentence.
• State v. Vola
  591 So. 2d 248· Fla. 4th DCA· 1991-08-28 ·cited 10×
  The State appealed a downward departure sentence imposed on Vola, who was convicted of purchasing cocaine within 1,000 feet of a public school. The court reversed and remanded for resentencing, holding that the mandatory three-year minimum imprisonment requirement of section 893.