Plain Meaning Rule

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

• Vreeland v. Ferrer
  71 So. 3d 70· Fla.· 2011-07-08 ·cited 9×
  The Florida Supreme Court held that the dangerous instrumentality doctrine applies to aircraft owners under Florida law and that federal law (49 U.S.C. § 44112) does not preempt state vicarious liability claims for injuries to aircraft passengers. The court's narrow interpretatio
• Desiderio Cuevas v. State
  31 So. 3d 290· Fla. 3d DCA· 2010-03-31 ·cited 9×
  This case involves a dissenting opinion arguing that the State cannot bring a sexual predator back to court to declare them as such after they have completed their sentence, in the absence of a specific statutory recapture provision.
• Jaffe v. Jaffe
  17 So. 3d 1251· Fla. 5th DCA· 2009-09-11 ·cited 9×
  Sally Lynn Jaffe appealed a trial court's denial of her motion for contempt and enforcement seeking reimbursement for child support expenses under a marital settlement agreement. The appellate court reversed in part, holding that certain education-related expenses (books, compute
• Hobbs v. State
  999 So. 2d 1025· Fla.· 2008-12-23 ·cited 9×
  The Florida Supreme Court held that trial courts may consider a victim's recantation as a relevant factor when determining whether the State is unable to prove the elements of a sexual abuse crime under section 92.565, Florida Statutes. The Court resolved a conflict between distr
• Esbin v. Elfriede K. Erickson
  987 So. 2d 198· Fla. 3d DCA· 2008-07-23 ·cited 9×
  Property owners who purchased dwelling lots without corresponding dock lots sought to use a shared dock and access easements in a waterfront subdivision. The court affirmed summary judgment against them, holding that the dock lots and easements were properly separated from the dw
• Roebuck v. State
  953 So. 2d 40· Fla. 1st DCA· 2007-03-30 ·cited 9×
  Vincent Roebuck was convicted of lewd and lascivious battery of a minor following a jury trial. On appeal, he challenged the trial court's exclusion of evidence that the victim had previously made a false accusation against her brother. The First District affirmed the conviction
• Lockhart v. United States
  546 U.S. 142· U.S.· 2005-12-07 ·cited 9×
  A prior legislature cannot bind a succeeding legislature's power to repeal or modify existing law, even if the prior act requires express reference for such changes.
• J-Ii Invs., Inc. v. Leon Cnty.
  908 So. 2d 1140· Fla. 1st DCA· 2005-08-11 ·cited 9×
  The court held that Leon County has the authority to enforce its existing ordinances regarding development activities, even if the land is used for agricultural purposes, because the relevant statute does not preempt the enforcement of pre-existing regulations.
• Tacher v. Mathews
  845 So. 2d 332· Fla. 3d DCA· 2003-05-21 ·cited 9×
  The Florida Third District Court of Appeal resolved an intra-district conflict regarding whether a zero dollar damage award constitutes a defense judgment entitling the defendant to costs. The court held that a zero damage award is a judgment for the defendant and reversed prior
• Moecker v. Antoine
  845 So. 2d 904· Fla. 1st DCA· 2003-03-13 ·cited 9×
  In this appeal involving an assignment for the benefit of creditors under Florida law, the court affirmed the trial court's decision to allow claims filed by former shareholders who rescinded their stock purchases under the Florida securities rescission statute. The case addresse
• Saunders v. Saunders
  796 So. 2d 1253· Fla. 1st DCA· 2001-10-17 ·cited 9×
  Florida law applies to a non-domiciliary testator's Florida property only if the will expressly provides for Florida law to govern its disposition.
• Carmen and George Bombalier v. Lifemark Hosp. OF Fla.
  661 So. 2d 849· Fla. 3d DCA· 1995-09-06 ·cited 9×
  The Bombaliers appealed a trial court order denying their right to arbitration in a medical malpractice case involving injuries to a pregnant woman and the death of her twin babies. The appellate court reversed, holding that under Florida's medical malpractice presuit screening s
• Barbara A. Mazzella, M.D. v. Boinis
  617 So. 2d 1156· Fla. 4th DCA· 1993-05-19 ·cited 9×
  A physician challenging a wage garnishment order appeals on the ground that she qualifies for a statutory exemption as the head of a family supporting her adult son through college. The court holds that under Florida Statute § 222.11, a parent providing more than half the support
• Est. OF Barbara L. Reynolds v. Martin
  985 F.2d 470· 9th Cir.· 1993-02-09 ·cited 9×
  The Civil Rights Act of 1991 applies to pending cases, entitling federal employees to pre- and post-judgment interest on awards under the Rehabilitation Act.
• Ries v. Nat'l R.R. Passenger Corp.
  960 F.2d 1156· 3d Cir.· 1992-03-31 ·cited 9×
  The court held that the plain meaning of OSHA, 29 U.S.C. § 653(b)(4), precludes a finding of negligence per se and the admission of OSHA standards as evidence of negligence in a FELA action.
• Barnett Bank OF S. Fla. v. State
  571 So. 2d 527· Fla. 3d DCA· 1990-12-11 ·cited 9×
  Banks challenged the Department of Revenue's determination that home equity loan mortgages are subject to documentary stamp taxation under Florida law. The court held that mortgages, including those securing contingent or revolving credit obligations, are clearly subject to docum
• City OF Winter Haven v. Ridge AIR, Inc.
  458 So. 2d 434· Fla. 2d DCA· 1984-11-14 ·cited 9×
  The court held that the trial court erred in construing the lease because the lease clearly stated renewal terms were subject to renegotiation and the FBO standards did not control.
• ST. JOE Paper Co. v. Dep't OF Revenue
  460 So. 2d 399· Fla. 1st DCA· 1984-11-09 ·cited 9×
  St. Joe Paper Company appeals the Department of Revenue's denial of interest on a corporate income tax overpayment for 1976. The court holds that the nine-month grace period in Section 214.14 for paying interest on overpayments runs from the original tax return filing date, not f
• Petry v. Block
  697 F.2d 1169· D.C. Cir.· 1983-01-21 ·cited 9×
  The court held that the Secretary of Agriculture correctly interpreted the statute by reducing maximum allowable reimbursement rates to achieve a 10% reduction in total administrative reimbursement, not by reducing each maximum rate by 10%.
• Nat'l Screen Serv. Corp. v. United States Fid. & Guar. Co.
  364 F.2d 275· 2d Cir.· 1966-08-03 ·cited 9×
  The dissenting judge argues that the term 'possession' in the insurance policy's products hazard exclusion should be interpreted according to its ordinary, layman's meaning of actual physical control, not a technical legal definition.
• Walsh v. Walsh
  262 So. 3d 212· Fla. 5th DCA· 2018-12-14 ·cited 8×
  The term "periodic income" in the marital settlement agreement is ambiguous and susceptible to two reasonable interpretations, requiring extrinsic evidence to determine the parties' intent; the trial court erred in awarding the husband a credit for alimony overpayments without pr
• Boatman v. Thomas "Tommy" Hardee
  254 So. 3d 604· Fla. 1st DCA· 2018-08-23 ·cited 8×
  Section 105.031(5)(a)1, Florida Statutes, is unambiguous and requires a candidate for school board to submit a check drawn upon the candidate's campaign account to pay the qualifying fee, with a cashier's check permitted only if the campaign check is returned by the bank. The sub
• Burgess v. State
  198 So. 3d 1151· Fla. 2d DCA· 2016-09-02 ·cited 8×
  Donald Burgess was convicted of driving with a revoked license as a habitual traffic offender under Florida Statute § 322.34(5), despite never having obtained a driver's license. The Second District Court of Appeal reversed the conviction, receding from its prior precedent in Car
• Miles v. Parrish
  199 So. 3d 1046· Fla. 4th DCA· 2016-07-13 ·cited 8×
  Sharon Miles challenged the retroactive removal of her homestead exemption and imposition of a tax lien for back taxes from 2005-2010. The trial court dismissed her complaint as untimely under the 60-day statute of limitations in section 194.171, but the appellate court reversed,
• Smith v. Smith
  199 So. 3d 911· Fla. 4th DCA· 2016-03-02 ·cited 8×
  Glenda Martinez Smith appeals the annulment of her marriage to J. Alan Smith, who was judicially declared incompetent and had his right to marry restricted to require court approval. The Florida appellate court affirms the annulment, holding that a marriage entered into without t
• Black Bus. Inv. Fund OF Cent. Fla., Inc. v. State
  178 So. 3d 931· Fla. 1st DCA· 2015-11-09 ·cited 8×
  The Black Business Investment Fund appealed a summary judgment award against it for breach of contract and conversion relating to the Economic Gardening Business Loan Pilot Program. The court affirmed that the servicing fee was 0.625% annually (not monthly) and that the Fund's eq
• Crane v. Lifemark Hosp. OF FLA., Inc.
  149 So. 3d 718· Fla. 3d DCA· 2014-10-15 ·cited 8×
  Harold Crane, a deaf patient, filed a discrimination complaint against Lifemark Hospital for failing to provide an American Sign Language interpreter. The Florida Commission on Human Relations dismissed the complaint for lack of jurisdiction, finding the hospital is not a public
• State v. Debaun
  129 So. 3d 1089· Fla. 3d DCA· 2013-10-30 ·cited 8×
  The State of Florida appealed the dismissal of charges against Gary Debaun for knowingly transmitting HIV through oral and anal sex with another man. The court reversed, holding that "sexual intercourse" under Florida's sexually transmissible disease statute includes more than ju
• Spence-Jones v. Dunn
  118 So. 3d 261· Fla. 3d DCA· 2013-07-24 ·cited 8×
  The Florida appellate court upheld a declaratory judgment barring City Commissioner Michelle Spence-Jones from seeking a third consecutive term under Miami's charter term limit provision. The court rejected her argument that a temporary gubernatorial suspension rendered her unqua
• Adoptive Couple v. Baby Girl
  570 U.S. 637· U.S.· 2013-06-25 ·cited 8×
  The appellate court reversed the trial court's decision, finding that an antenuptial agreement entered into by a couple in Pennsylvania, which waived alimony and other rights, was not void as against Florida public policy.
• Quintini v. Panama City Hous. Auth.
  102 So. 3d 688· Fla. 1st DCA· 2012-11-28 ·cited 8×
  Kenneth Quintini appealed a summary judgment ruling that his whistleblower retaliation claim failed because he reported alleged pay discrimination to the U.S. Department of Housing and Urban Development (HUD) rather than to the Panama City Housing Authority itself. The First Dist
• Amado Trinidad v. Fla. Peninsula Ins. Co.
  99 So. 3d 502· Fla. 3d DCA· 2011-05-18 ·cited 8×
  Homeowner Trinidad sued his insurer, Florida Peninsula, seeking reimbursement for overhead and profit costs resulting from fire damage to his home. The court affirmed summary judgment for the insurer, holding that a replacement cost policy requires payment only for costs actually
• Tarpon Springs Hosp. Found., Inc. v. Anderson
  34 So. 3d 742· Fla. 2d DCA· 2010-04-21 ·cited 8×
  The Florida District Court of Appeal reversed in part the ALJ's determination that a certified nurse midwife (Nurse Hilderbrandt) was not a participating physician under the Birth-Related Neurological Injury Compensation Plan, holding that the ALJ erroneously required written doc
• North v. Precision Airmotive Corp.
  600 F. Supp. 2d 1263· M.D. Fla.· 2009-02-26 ·cited 8×
  A non-forum defendant can remove a state court action to federal court under 28 U.S.C. § 1441(b) even if a forum defendant has been joined but not yet served, provided complete diversity exists.
• Severance v. State
  972 So. 2d 931· Fla. 4th DCA· 2007-12-13 ·cited 8×
  Paul Severance appeals his aggravated battery conviction, arguing the jury instruction was deficient because it did not require proof that he touched the victim with the deadly weapon. The Fourth District affirms, holding that Florida's aggravated battery statute does not require
• Wheeler v. Wheeler, Erwin & Fountain, P.A.
  964 So. 2d 745· Fla. 1st DCA· 2007-08-14 ·cited 8×
  Wheeler sought payment under a deferred compensation agreement after withdrawing from his accounting firm partnership. The trial court denied his claim based on parol evidence suggesting the obligation to pay was conditioned on the firm remaining in business, but the appellate co
• Ledea-Genaro v. Genaro
  963 So. 2d 749· Fla. 4th DCA· 2007-06-20 ·cited 8×
  Former wife appeals final judgment of divorce in which trial court enforced pre-nuptial agreement provisions regarding division of marital home, furnishings, and denial of alimony. The court affirms, holding that the pre-nuptial agreement unambiguously required wife to quitclaim
• Beshore v. Dep't OF Fin. Servs.
  928 So. 2d 411· Fla. 1st DCA· 2006-04-13 ·cited 8×
  Bradley Beshore appeals the Department of Financial Services' revocation of his insurance agent license for representing Meridian Benefit, Inc., an unauthorized insurer. The court affirms, holding that section 626.901(1), Florida Statutes, imposes strict liability—without a knowl
• Langford v. Paravant, Inc.
  912 So. 2d 359· Fla. 5th DCA· 2005-10-07 ·cited 8×
  William Langford, a retired Army Colonel recruited by Paravant to help secure a military subcontract, was fired shortly after Paravant won a $300 million TRW subcontract and denied promised sales commissions. The court reversed summary judgment on the breach of contract claim, fi
• Evans v. Denis Stephens
  387 F.3d 1220· 11th Cir.· 2004-10-14 ·cited 8×
  The dissenting judge argues that the President cannot use the Recess Appointments Clause to fill a vacancy that did not occur during a Senate recess. The judge asserts that the plain meaning of the Constitution, its purpose, and structural principles all support this interpretati
• Allapattah Servs. v. Exxon Corp.
  362 F.3d 739· 11th Cir.· 2004-03-15 ·cited 8×
  The dissenting opinion argues that 28 U.S.C. § 1367 does not grant federal courts supplemental jurisdiction over unnamed class members in diversity-based class actions who fail to meet the amount-in-controversy requirement of 28 U.S.C. § 1332. The dissent contends that the Suprem
• Iniguez v. Am. Hotel Register Co.
  820 So. 2d 953· Fla. 3d DCA· 2002-05-08 ·cited 8×
  Gloria Iniguez appeals a summary judgment order granting AHR's motion and finding her exclusive sales representative contract was terminable at will. The Third District Court of Appeal reversed, holding that the contract letters, read as a whole, clearly establish a five-year def
• Barnhill v. State
  788 So. 2d 313· Fla. 5th DCA· 2001-05-11 ·cited 8×
  The Florida District Court of Appeal affirmed in part and reversed in part a lower court's denial of a motion for postconviction relief. The court held that the appellant was correctly classified as an habitual offender under the statute in effect at the time of his sentencing, b
• Dolly Bolding Bail Bonds v. State
  787 So. 2d 73· Fla. 2d DCA· 2001-03-07 ·cited 8×
  Dolly Bolding Bail Bonds appeals a trial court's denial of its motion to discharge a bond forfeiture. The court reverses, holding that the plain language of Florida Statute § 903.26(5), which uses the mandatory term "shall," requires discharge of forfeiture when a defendant was c
• Chase v. Walgreen Co.
  750 So. 2d 93· Fla. 5th DCA· 1999-12-17 ·cited 8×
  Chase appeals the dismissal of her retaliation claim under Florida's workers' compensation statute, arguing that section 440.205 prohibits not only retaliatory discharge but also intimidation and coercion of employees who file valid workers' compensation claims. The court reverse
• Barnett Banks, Inc. v. Dep't OF Revenue
  738 So. 2d 502· Fla. 1st DCA· 1999-08-10 ·cited 8×
  Barnett Banks challenged the Florida Department of Revenue's assessment of interest on additional state corporate income tax resulting from federal audit adjustments to its reported taxable income for tax years 1986-1991. The court held that the Department lacked statutory author
• Paoli v. Natherson & Co., P.A.
  750 So. 2d 46· Fla. 2d DCA· 1999-07-09 ·cited 8×
  Lawrence Paoli appealed from summary judgment on his involuntary dissolution claim and jury verdicts against him on counterclaims for breach of employment agreement, breach of fiduciary duty, and misappropriation of corporate opportunity. The appellate court reversed the breach o
• Pizzarelli v. Rollins
  704 So. 2d 630· Fla. 4th DCA· 1997-11-19 ·cited 8×
  This case addresses whether a jury's award for future medical benefits should be offset by remaining Personal Injury Protection (PIP) benefits under Florida law. The court held that while section 627.736(3) applies to PIP collateral source issues, the term "payable" refers only t
• Liberty Mut. Ins. Co. v. Capeletti Bros., Inc.
  699 So. 2d 736· Fla. 3d DCA· 1997-08-06 ·cited 8×
  This case concerns whether an insurance policy provided coverage to an additional insured for its own acts of negligence. The court held that the policy's exclusionary clause, which limited coverage to liability arising from the "general supervision of work" performed by the name
• White v. Florida Birth Related Neurological
  655 So. 2d 1292· Fla. 5th DCA· 1995-06-09 ·cited 8×
  This case addresses whether healthcare providers (a hospital, physician, and professional association) may initiate claims for compensation under Florida's Birth-Related Neurological Injury Compensation Plan on behalf of an injured infant. The court affirms dismissal of the claim