Plain Meaning Rule

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

• United States v. Bell
  936 F.2d 337· 7th Cir.· 1991-07-10 ·cited 10×
  Placing money into or removing money from a safe deposit box does not constitute a "transaction" under 18 U.S.C. § 1956(c)(3), and therefore cannot support a money laundering conviction.
• Oklahoma v. New Mexico
  501 U.S. 221· U.S.· 1991-06-17 ·cited 10×
  The Court's interpretation of the Canadian River Compact, which deviates from its plain language regarding water originating above Conchas Dam, is improper and frustrates the parties' settled expectations.
• Thompson/Center Arms Co. v. The United States
  924 F.2d 1041· Fed. Cir.· 1991-01-30 ·cited 10×
  The court held that the National Firearms Act requires a firearm to be actually assembled to be considered 'made' and subject to the tax, not merely a collection of parts that could be assembled.
• In re Davis v. Roe J. Davis
  911 F.2d 560· 11th Cir.· 1990-09-07 ·cited 10×
  A debtor's discharge may be denied under 11 U.S.C. § 727(a)(2)(A) if property was transferred with intent to hinder, delay, or defraud creditors, even if the property was recovered before filing bankruptcy or if the transfer did not diminish assets available to creditors.
• Quezada v. Immigr. & Naturalization Serv.
  898 F.2d 474· 5th Cir.· 1990-04-18 ·cited 10×
  An alien's departure from the United States after a deportation order moots any appeal of that order, divesting courts of statutory jurisdiction to review it.
• Great Outdoors Trading, Inc. v. City OF High Springs
  550 So. 2d 483· Fla. 1st DCA· 1989-08-04 ·cited 10×
  Great Outdoors Trading, Inc. appeals the denial of its petition for a permanent injunction to prevent the City of High Springs from enforcing a zoning ordinance that repealed an amendment allowing the sale of beer and wine at its cafe location. The court affirmed, holding that th
• MCI Telecomms. Corp. v. The United States
  878 F.2d 362· Fed. Cir.· 1989-06-15 ·cited 10×
  A party is not an "interested party" for bid protest purposes if it did not submit a proposal or protest before the deadline, even if it intends to bid on a potential resolicitation.
• United States v. Nash
  876 F.2d 1359· 7th Cir.· 1989-06-15 ·cited 10×
  The court held that a search of a vehicle during an investigatory stop is permissible if the officer has a reasonable belief that the suspect is dangerous and may gain control of weapons, and that possession with intent to distribute constitutes a 'drug trafficking crime' under 1
• Overseas Educ. Ass'n, Inc. v. Fed. Labor Relations Auth.
  876 F.2d 960· D.C. Cir.· 1989-05-25 ·cited 10×
  The court held that legislative history should not be used to alter the plain meaning of unambiguous statutory text, especially concerning management rights in federal labor relations.
• Andrews v. State
  540 So. 2d 210· Fla. 4th DCA· 1989-03-22 ·cited 10×
  The court held that the tag light must be illuminated whenever the headlights are on, regardless of the time of day, validating the traffic stop.
• Standard Mut. Ins. Co. v. Elodie L. Bailey
  868 F.2d 893· 7th Cir.· 1989-01-30 ·cited 10×
  A homeowners' insurance policy's motor vehicle exclusion applies to claims of negligent entrustment, as such claims are inextricably linked to the ownership and use of the vehicle.
• Harbour Square Dev. Corp. v. Miller
  517 So. 2d 773· Fla. 2d DCA· 1988-01-06 ·cited 10×
  Harbour Square Development Corporation contracted to sell commercial condominium units to the Millers under an agreement that reserved the seller's right to revise condominium documents and gave the buyers a unilateral right to cancel if they did not approve proposed revisions wi
• Malladene Largo v. Sunn
  835 F.2d 205· 9th Cir.· 1987-12-23 ·cited 10×
  42 U.S.C. § 602(a)(18) does not prohibit a state from determining Aid to Families with Dependent Children (AFDC) eligibility based on a standard of need that varies among families of the same composition.
• United States v. Gray
  809 F.2d 579· 9th Cir.· 1987-02-03 ·cited 10×
  The court held that the indictment, though citing the wrong statute, was sufficient because the facts alleged constituted a violation of 18 U.S.C. § 1503, and the defendant was not prejudiced by the error.
• Gen. Tel. Co. OF Fla. v. Marks
  500 So. 2d 142· Fla.· 1986-12-30 ·cited 10×
  General Telephone Company of Florida challenged a Public Service Commission rule allocating telephone directory advertising revenues and expenses between regulated and nonregulated portions of the company's operations. The Florida Supreme Court affirmed the rule, holding that the
• Int'l Bhd. OF Teamsters v. Interstate Commerce Comm'n & United States
  801 F.2d 1423· D.C. Cir.· 1986-09-30 ·cited 10×
  The court held that the Interstate Commerce Commission exceeded its statutory authority by reinterpreting 49 U.S.C. § 11344(c) to permit rail-motor carrier consolidations without regard to whether the motor carrier's operations would be useful in the acquiring firm's rail operati
• United States v. Messina Builders & Contractors Co.
  801 F.2d 1029· 8th Cir.· 1986-09-23 ·cited 10×
• Mitchell v. State
  488 So. 2d 632· Fla. 4th DCA· 1986-05-14 ·cited 10×
  The court held that a conviction under section 817.563 requires a completed sale, not just an offer to sell and delivery of a substitute substance.
• United States v. Haythem Dawlett
  787 F.2d 771· 1st Cir.· 1986-04-02 ·cited 10×
  The court held that attempting to murder a witness does not constitute "influencing" their testimony under 18 U.S.C. § 1512(a)(1), as influence implies swaying rather than eliminating testimony.
• Wis. Elec. Power Co. v. Dep't OF Energy & United States
  778 F.2d 1· D.C. Cir.· 1985-12-06 ·cited 10×
  The court held that the fee levied on nuclear-generated electricity applies only to electricity that is sold, not to electricity consumed by the generating plant itself (net generation).
• Walker v. Buddy H. Adams
  741 F.2d 116· 6th Cir.· 1984-08-20 ·cited 10×
  The court held that the 'lump sum' rule in 42 U.S.C. § 602(a)(17) applies to all AFDC recipients, not just those with earned income, and the regulation promulgated by HHS accurately reflects this statutory intent.
• Interox Am. v. PPG Indus., Inc.
  736 F.2d 194· 5th Cir.· 1984-07-12 ·cited 10×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiff failed to establish a substantial likelihood of success on the merits regarding breach of contract and trade secret claims.
• Sekel v. AETNA Life Ins. Co.
  704 F.2d 1335· 5th Cir.· 1983-05-19 ·cited 10×
  The court held that the policy's exclusion clause bars recovery when a disease or bodily infirmity is a functionally closely related significant contributing factor to death, even if an accidental bodily injury is the proximate cause.
• Wilshire OIL Co. OF Tex. v. Bd. OF Governors OF the Fed. Reserve Sys.
  668 F.2d 732· 3d Cir.· 1981-12-31 ·cited 10×
  The court held that the Trust Company of New Jersey (TCNJ) remained a 'bank' under the Bank Holding Company Act despite reserving the right to require notice for withdrawals, because this reservation served no practical banking purpose and was intended to evade the Act's requirem
• Cheung v. Dist. Dir.
  641 F.2d 666· 9th Cir.· 1980-10-16 ·cited 10×
  A professional intending to practice their profession in the U.S. cannot qualify for the business investor exception to the labor certification requirement, as this would frustrate the purpose of the Immigration and Nationality Act.
• Potomac Elec. Power Co. v. Dir., Off. OF Workers' Comp. Programs, United States Dep't OF Labor, & Terry M. Cross
  606 F.2d 1324· D.C. Cir.· 1979-08-24 ·cited 10×
  A claimant showing economic disability exceeding scheduled loss is eligible for compensation under Section 8(c)(21) of the Longshoremen's and Harbor Workers' Compensation Act.
• United States v. Wilson
  591 F.2d 546· 9th Cir.· 1979-02-23 ·cited 10×
  The court held that the forfeiture statute applies to bribe moneys paid to state officials, not just federal officials.
• Pearson v. Pearson
  342 So. 2d 1018· Fla. 4th DCA· 1977-02-11 ·cited 10×
  The court held that the property settlement agreement, as written, did not require the wife to quit claim her interest in jointly owned real estate to the husband.
• Leadership Hous., Inc. v. Dep't OF Revenue of the State of Fla.
  336 So. 2d 1239· Fla. 4th DCA· 1976-09-10 ·cited 10×
  Leadership Housing and the Kaplans challenged the Department of Revenue's assessment of documentary stamp surtax on property sales where buyers assumed existing mortgages and sellers were released from liability. The court held that assumed mortgages qualify as 'existing mortgage
• State Bank of Albany v. The United States
  530 F.2d 1379· Ct. Cl.· 1976-02-18 ·cited 10×
  The court held that the Commissioner did not abuse his discretion in disallowing the inclusion of New York State loans in the taxpayer's bad debt reserve calculation.
• Mesa OIL Co. v. Bus. Men's Assurance Co. OF Am.
  476 F.2d 491· 9th Cir.· 1973-03-06 ·cited 10×
• Bright v. Ohio Cas. Ins. Co.
  444 F.2d 1341· 6th Cir.· 1971-06-15 ·cited 10×
  The court held that the insurance policy's permission clause unambiguously applied to both the named insured and any relative, thus denying coverage when the named insured was driving a stolen vehicle.
• The United States v. The Native Vill. OF Unalakleet
  411 F.2d 1255· Ct. Cl.· 1969-06-20 ·cited 10×
  The Indian Claims Commission has jurisdiction to hear claims from Eskimos and Aleuts under the Indian Claims Commission Act, as the term 'American Indian' was intended to encompass all American aborigines.
• Cornman v. The United States
  409 F.2d 230· Ct. Cl.· 1969-04-11 ·cited 10×
  The court held that the phrase 'in any case' in the informer compensation statute refers to the total payment for the service of furnishing information, not to each individual recovery.
• Dist. OF Columbia Nat'l Bank v. Dist. OF Columbia
  348 F.2d 808· D.C. Cir.· 1965-07-12 ·cited 10×
  A national bank doing business in the District of Columbia is subject to the District's gross earnings tax, as federal law does not preempt this tax.
• Se. Utils. Serv. Co. & The Fid. & Cas. Co. of N.Y. v. Redding
  131 So. 2d 1· Fla.· 1961-06-07 ·cited 10×
  The Florida Supreme Court resolved whether employers or carriers may take depositions of injured employees receiving voluntary workers' compensation before a formal claim is filed. The Court held that Section 440.30, Florida Statutes plainly permits such depositions at any time a
• NEW York Life Ins. Co. v. Atkinson
  241 F.2d 674· 10th Cir.· 1957-02-03 ·cited 10×
  The court held that the insured, who operated a scintillometer from the rear seat of an aircraft during an aerial survey, was not a "member of the crew" within the meaning of the double indemnity exclusion in his life insurance policy.
• R. E. Schanzer, Inc. v. Bowles
  141 F.2d 262· Emer. Ct. App.· 1944-03-17 ·cited 10×
  The court held that a protest based on grounds arising more than 60 days after regulation issuance may be filed at any time after such grounds arise, and the Administrator's motion to dismiss the complaint was denied.
• Barron Coop. Creamery v. Wickard
  140 F.2d 485· 7th Cir.· 1944-02-16 ·cited 10×
  The court held that the original Order 41 did not authorize the upward reclassification of milk based on its subsequent use by a third party.
• Clarke v. Harleysville Mut. Cas. Co.
  123 F.2d 499· 4th Cir.· 1941-11-10 ·cited 10×
  The court held that Virginia Code § 4326a, paragraph two, does not compel the inclusion of an omnibus coverage clause in non-ownership automobile liability policies, as its language specifically applies only to policies issued to the owner of a motor vehicle.
• Mesen v. State
  271 So. 3d 164· Fla. 2d DCA· 2019-05-03 ·cited 9×
  The term "exposes" in Florida Statutes section 825.1025(4)(a)(2) requires that genitals be visually observable and uncovered, not merely accessible to touch through or under clothing. Because the two witnesses testified they did not see Mesen's genitals, the State failed to prese
• Jimenez v. State
  246 So. 3d 219· Fla.· 2018-05-03 ·cited 9×
  The Florida Supreme Court upheld the legality of the City of Aventura's red light camera enforcement program, which involves a third-party vendor reviewing images according to written guidelines before a traffic enforcement officer makes the final citation decision. The Court hel
• R.J. Reynolds Tobacco Co. v. Lyantie Townsend
  160 So. 3d 570· Fla. 1st DCA· 2015-04-09 ·cited 9×
  R.J. Reynolds appeals a trial court order denying its motion to apply the 2011 amended post-judgment interest rate to interest accrued after July 1, 2011 on a judgment entered in 2010. The appellate court reverses, holding that the 2011 amendment applies to post-judgment interest
• Brenton McNEIL v. State
  162 So. 3d 274· Fla. 5th DCA· 2015-03-13 ·cited 9×
  McNeil appealed the trial court's imposition of mandatory costs per count rather than per case for his convictions of sexual battery and lewd molestation. The Fifth District Court of Appeal affirmed, holding that the plain language of Florida's cost-imposing statutes (sections 93
• Fla. Peninsula Ins. Co. v. Maricela Cespedes
  161 So. 3d 581· Fla. 2d DCA· 2014-12-17 ·cited 9×
  The court considered whether an insurance policy's sinkhole exclusion was enforceable when the insurer failed to provide a statutorily mandated bold-type warning on the face of the policy.
• Elbaum v. Elbaum
  141 So. 3d 658· Fla. 4th DCA· 2014-06-18 ·cited 9×
  Robert Elbaum appealed from a dismissal of his petition to modify his alimony obligations based on his ex-wife's supportive relationship. The court affirmed, holding that the marital settlement agreement unambiguously limited modification to specific circumstances (deterioration
• Herrin v. City OF Deltona
  121 So. 3d 1094· Fla. 5th DCA· 2013-08-16 ·cited 9×
  ECARD challenged a city commission's refusal to allow public comment on a development project, claiming violation of Florida's Sunshine Law. The court held that while the Sunshine Law requires public meetings to be open and accessible, it does not grant the public an affirmative
• Dep't OF Juv. Just. v. Okaloosa Cnty. & Nassau Cnty.
  113 So. 3d 1074· Fla. 1st DCA· 2013-06-05 ·cited 9×
  The court held that the ALJ correctly determined DJJ's interpretations of 'final court disposition' and 'actual costs' were invalid exercises of authority.
• Clipper BAY Invs., LLC v. State of Fla. Dep't OF Transp. & Santa Rosa Cnty.
  117 So. 3d 7· Fla. 1st DCA· 2013-02-05 ·cited 9×
  Clipper Bay Investments challenged a trial court's judgment in a quiet title action over seven acres in Santa Rosa County. The court had to determine whether the Marketable Record Title Act's exception for easements and rights-of-way under section 712.03(5) protects land held in
• State v. Marcel
  67 So. 3d 1223· Fla. 3d DCA· 2011-08-31 ·cited 9×
  Robert Marcel pled nolo contendere to lewd and lascivious conduct with a minor and was designated a sexual offender. Seven years later, he petitioned for removal under Florida's "Romeo and Juliet" law, which exempts certain young offenders if they are not more than four years old