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

• Cordette Woodham v. Blue Cross & Blue Shield OF Fla., Inc.
  829 So. 2d 891· Fla.· 2002-10-10 ·cited 110×·via Plain Language Of Statute
  The Florida Supreme Court held that an EEOC dismissal notice stating it was "unable to conclude" violations occurred does not constitute a "no cause" determination under Florida's Civil Rights Act, and therefore does not bar a claimant from filing suit in circuit court when the n
• Gloriann Wilson v. Eva J. Salamon, M.D.
  923 So. 2d 363· Fla.· 2005-10-20 ·cited 108×
  The Florida Supreme Court clarified that trial court orders entered to resolve properly filed motions constitute sufficient record activity to preclude dismissal under Rule 1.420(e), requiring courts to apply a bright-line test based on what appears on the face of the record rath
• Rigel v. Nat'l Cas. Co.
  76 So. 2d 285· Fla.· 1954-12-07 ·cited 107×
  Rigel held an insurance policy covering hospital and nursing expenses. After his wife was treated for breast carcinoma, the insurer cancelled the policy but later revived it with a rider excluding liability for "Carcinoma or any disease of the breasts." When the wife was later ho
• V.K.E. v. State
  934 So. 2d 1276· Fla.· 2006-07-06 ·cited 104×
  The Florida Supreme Court held that trial courts lack authority to impose mandatory criminal surcharges under sections 938.08 and 938.085 on juveniles in delinquency proceedings, as the Legislature created a separate rehabilitative juvenile justice system distinct from the puniti
• Rinker Materials Corp. v. City OF N. Miami
  286 So. 2d 552· Fla.· 1973-12-06 ·cited 104×
  Rinker Materials sought a building permit to construct a concrete batching plant on industrially-zoned property in North Miami. The city denied the permit, claiming the plant fell outside permitted uses despite fitting within the ordinance's "contractor's plants and/or storage ya
• Tal-Mason v. State
  515 So. 2d 738· Fla.· 1987-11-12 ·cited 103×·via Plain Language Interpretation
  The Florida Supreme Court held that a defendant committed to a state mental institution for evaluation of competence to stand trial must receive jail-time credit under section 921.161(1) for the period of pretrial detention, rejecting the distinction between county jails and ment
• The Sch. Bd. OF Palm Beach Cnty. v. Survivors Charter Schs., Inc.
  3 So. 3d 1220· Fla.· 2009-02-27 ·cited 102×·via Plain And Ordinary Meaning
  The Florida Supreme Court held that school boards are not required to follow the Administrative Procedure Act (APA) when immediately terminating charter school charters under Section 1002.33(8)(d) for good cause or threat to student health and safety. The court rejected the Fourt
• Rosario Donato v. Am. Tel. & Tel. Co.
  767 So. 2d 1146· Fla.· 2000-01-20 ·cited 101×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding whether the Florida Civil Rights Act recognizes marital status discrimination where an employee is terminated because of actions taken by the employee's spouse. The Court held that 'marita
• Wash. Nat'l Ins. Corp. v. Sydelle Ruderman
  117 So. 3d 943· Fla.· 2013-07-03 ·cited 100×
  The Florida Supreme Court answered certified questions from the Eleventh Circuit regarding whether an insurance policy's automatic benefit increase percentage applies only to daily benefits or also to lifetime and per-occurrence maximum benefits. The Court held that the ambiguous
• Koile v. State
  934 So. 2d 1226· Fla.· 2006-07-06 ·cited 97×·via Plain Language Rule
  The Florida Supreme Court answered two certified questions about restitution under section 775.089: (1) whether lost wages of a victim's next of kin who voluntarily attends a murder trial are recoverable as restitution, and (2) whether lost future income of a deceased murder vict
• Unruh v. State
  669 So. 2d 242· Fla.· 1996-03-07 ·cited 95×
  The Florida Supreme Court held that law enforcement must provide reasonable assistance to DUI arrestees who request an independent blood test under Florida Statutes § 316.1932(1)(f)3, rejecting the interpretation that law enforcement has no affirmative duty. The Court answered a
• Vocelle v. Knight Bros. Paper Co., Inc.
  118 So. 2d 664· Fla. 1st DCA· 1960-01-26 ·cited 94×
  The court held that the comptroller waived the defense of lack of personal jurisdiction by his voluntary appearance and participation in prior proceedings, and that the trial court erred in denying the comptroller's motion to vacate the final decree.
• Barco v. Sch. Bd. OF Pinellas Cnty.
  975 So. 2d 1116· Fla.· 2008-02-07 ·cited 92×
  The Florida Supreme Court resolved a conflict among district courts of appeal regarding the interpretation of Florida Rule of Civil Procedure 1.525, which governs the timing of motions for attorneys' fees and costs. The Court held that the rule establishes only an outside deadlin
• Schoeff v. R.J. Reynolds Tobacco Co.
  232 So. 3d 294· Fla.· 2017-12-14 ·cited 91×
  The Florida Supreme Court held that the comparative fault statute does not apply to reduce compensatory damages in Engle tobacco progeny cases when the jury finds for the plaintiff on intentional tort claims. The court also upheld a $30 million punitive damages award as constitut
• Hill v. State
  688 So. 2d 901· Fla.· 1996-11-27 ·cited 91×
  Paul Jennings Hill was convicted of two murders and sentenced to death for killing Dr. John Bayard Britton and James Barrett at an abortion clinic in Pensacola, Florida. The Florida Supreme Court affirmed Hill's convictions and death sentences, rejecting his claims regarding self
• Moonlit Waters Apts., Inc. v. Cauley
  666 So. 2d 898· Fla.· 1996-01-25 ·cited 91×
  The Florida Supreme Court held that section 719.401(1)(f)1 does not apply to underlying land leases for cooperative apartment complexes, but only to leases of specific recreational or commonly used facilities. The court rejected Moonlit Waters' attempt to compel arbitration for t
• Fla. Dep't OF Revenue v. Fla. Mun. Power Agency
  789 So. 2d 320· Fla.· 2001-06-28 ·cited 90×
  The Florida Supreme Court held that section 212.08(6), Florida Statutes, exempts municipally owned utilities from sales taxation on materials purchased for repair, replacement, or refurbishment of existing electric transmission or distribution systems. The Court rejected the Depa
• Sedima v. Imrex Co., Inc.
  741 F.2d 482· 2d Cir.· 1984-07-25 ·cited 90×
  The dissent argues that the majority erred in creating a requirement for a prior criminal conviction for predicate acts in civil RICO claims, as this is not supported by the statute or legislative history.
• Murray v. Mariner Health and ACE USA
  994 So. 2d 1051· Fla.· 2008-10-23 ·cited 89×·via Plain Language
  Emma Murray, a workers' compensation claimant, challenged the constitutionality of Florida's attorney fee statute (§ 440.34), arguing that applying the rigid statutory formula to her case resulted in an unreasonably low fee award of $684.84 (approximately $8/hour) despite complex
• Aramark Unif. & Career Apparel, Inc. v. Easton
  894 So. 2d 20· Fla.· 2004-10-07 ·cited 88×
  The Florida Supreme Court held that section 376.313(3) of Florida Statutes creates a strict liability cause of action for damages resulting from pollution, allowing private parties to sue owners of contaminated property without proving the defendant caused the contamination. The
• Overstreet v. State
  629 So. 2d 125· Fla.· 1993-12-16 ·cited 88×·via Plain Language
  The Florida Supreme Court held that prior offenses with withheld adjudication cannot be used as predicate convictions for habitual felony offender sentencing when the subsequent felony is committed while the defendant is incarcerated, rather than on probation. The court strictly
• Polite v. State
  973 So. 2d 1107· Fla.· 2007-09-27 ·cited 87×·via Plain Language
  The Florida Supreme Court resolved a conflict between district courts on whether knowledge that a victim is a law enforcement officer is an essential element of the crime of resisting an officer with violence under section 843.01. The Court held that such knowledge is indeed an e
• GEICO Gen. Ins. Co. v. Virtual Imaging Servs., Inc.
  141 So. 3d 147· Fla.· 2016-09-29 ·cited 86×
  GEICO sought to limit PIP reimbursements for medical services using Medicare fee schedules authorized by the 2008 PIP statute amendments, but did not disclose this methodology in its insurance policy. The Florida Supreme Court held that insurers cannot use the permissive Medicare
• State Farm Mut. Auto. Ins. Co. v. Gilda Menendez
  70 So. 3d 566· Fla.· 2011-08-25 ·cited 86×
  State Farm sought review of a Third District decision that found a household exclusion in an automobile insurance policy ambiguous and unenforceable to exclude coverage for bodily injuries to members of a permissive driver's household. The Florida Supreme Court held that the hous
• Campbell v. Clivens Goldman
  959 So. 2d 223· Fla.· 2007-06-14 ·cited 86×
  A settlement offer under Florida Rule of Civil Procedure 1.442 and section 768.79 must cite the applicable statute to be valid. The failure to cite section 768.79, even when the offer references Rule 1.442, constitutes a material non-compliance with mandatory statutory and rule r
• Thompson v. State
  695 So. 2d 691· Fla.· 1997-06-12 ·cited 86×·via Plain Language Rule
  The Florida Supreme Court resolved a conflict between district courts regarding whether knowledge of a victim's status as a law enforcement officer is a required element of attempted murder of a law enforcement officer under Florida Statutes § 784.07(3). The Court held that such
• Dom Miele v. Prudential-Bache Sec., Inc.
  656 So. 2d 470· Fla.· 1995-06-08 ·cited 85×·via Plain Language Of Statute
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding whether Florida's punitive damages splitting statute (§ 768.73) applies to arbitration awards. The court held that the statute does not apply to arbitration proceedings, reasoning that "ci
• Quinones v. Swiss Bank Corp. (Overseas), S.A.
  509 So. 2d 273· Fla.· 1987-05-28 ·cited 84×
  The Florida Supreme Court held that a choice-of-forum clause in an international loan agreement using permissive language ('may') rather than mandatory language ('shall') does not exclude venue in Florida courts. The Court clarified that only mandatory and exclusive forum-selecti
• United States v. Hurtado
  779 F.2d 1467· 11th Cir.· 1985-12-19 ·cited 84×
  The court affirmed the order of pretrial detention.
• State v. Sigler
  967 So. 2d 835· Fla.· 2007-10-11 ·cited 83×
  The Florida Supreme Court held that Florida Statute section 924.34, which permits appellate courts to direct entry of judgment for lesser-included offenses, is unconstitutional as applied when the jury verdict did not necessarily include findings on all elements of the lesser off
• John Ellis "Jeb" Bush v. Holmes
  919 So. 2d 392· Fla.· 2006-01-05 ·cited 83×
  The Florida Supreme Court held that the Opportunity Scholarship Program (OSP), which provides public funds for students to attend private schools, violates Article IX, Section 1(a) of the Florida Constitution. The Court determined that the Constitution mandates the state fulfill
• United States v. Apex Distrib. Co., Inc.
  270 F.2d 747· 9th Cir.· 1959-09-21 ·cited 82×
• Penzer v. Transp. Ins. Co.
  29 So. 3d 1000· Fla.· 2010-01-28 ·cited 81×
  The Florida Supreme Court held that a commercial liability insurance policy providing coverage for "advertising injury" arising from "oral or written publication of material that violates a person's right of privacy" covers damages for violations of the federal Telephone Consumer
• Naji Nehme v. Smithkline Beecham Clinical Labs., Inc.
  863 So. 2d 201· Fla.· 2003-09-25 ·cited 80×·via Plain And Ordinary Meaning
  The Florida Supreme Court held that the term "concealment" in the medical malpractice statute of repose does not encompass negligent diagnosis. The court interpreted section 95.11(4)(b) to require knowledge or intent for concealment, thereby declining to extend the seven-year rep
• Fla. Birth-Related Neurological Injury Comp. Ass'n v. Florida Division OF Administrative Hearings
  686 So. 2d 1349· Fla.· 1997-01-16 ·cited 80×
  The Florida Supreme Court held that the Florida Birth-Related Neurological Injury Compensation Plan requires an infant to suffer both substantial mental and substantial physical impairment, reading the statutory language "and" in the conjunctive rather than the disjunctive. The C
• Church OF Scientology OF Cal. v. United States Dep't OF Just.
  612 F.2d 417· 9th Cir.· 1979-11-08 ·cited 80×
  The dissent argues that the legislative history of 5 U.S.C. § 552(b)(7)(D) clearly indicates Congress intended 'confidential source' to be limited to human sources, not law enforcement agencies.
• Am. Home Assurance Co. v. Plaza Materials Corp.
  908 So. 2d 360· Fla.· 2005-07-07 ·cited 79×
  The Florida Supreme Court resolved a conflict between two provisions of section 255.05 governing payment bonds for public construction projects. The Court held that notice and time limitations may be enforceable even when a bond fails to reference them, but only if the surety is
• State v. Sousa
  903 So. 2d 923· Fla.· 2005-05-26 ·cited 79×·via Plain Language Rule
  The Florida Supreme Court held that trial courts may impose consecutive mandatory minimum sentences under the 10-20-life statute (section 775.087) when a defendant fires a gun multiple times at multiple victims during a single criminal episode, even though the statute does not ex
• Leslie Pearlstein, M.D. v. Malunney
  500 So. 2d 585· Fla. 2d DCA· 1986-12-10 ·cited 79×
  Defendants in a medical malpractice action sought certiorari to overturn a trial court order declaring Florida's prefiling notice requirement for medical malpractice claims unconstitutional. The appellate court held the statute constitutional and that the prefiling notice is a ma
• Lynn R. Fassy, M.D., & Pain Med. Assocs., P.A. v. Crowley
  884 So. 2d 359· Fla. 2d DCA· 2004-09-10 ·cited 78×·via Plain Reading Of Statute
  Dr. Fassy and Pain Medicine Associates sought certiorari review of a denial of their motion to dismiss a wrongful death complaint filed by the estate of Julia Morgan, a developmentally disabled person. The court held that the complaint alleged a violation of section 393.13(3)(g)
• Maddox v. State
  923 So. 2d 442· Fla.· 2006-01-12 ·cited 77×
  The Florida Supreme Court resolved a conflict between district courts regarding the admissibility of forged traffic citations in a forgery prosecution. The Court held that section 316.650(9), which provides that traffic citations "shall not be admissible evidence in any trial," a
• Silva v. Sw. Fla. Blood Bank, Inc.
  601 So. 2d 1184· Fla.· 1992-05-28 ·cited 77×
  The Florida Supreme Court held that blood banks are not subject to the two-year medical malpractice statute of limitations when supplying blood products to patients, but rather fall under the four-year general negligence statute of limitations. The Court rejected the Second Distr
• Fashion House, Inc. v. K Mart Corp.
  892 F.2d 1076· 1st Cir.· 1989-12-19 ·cited 77×
  The court held that the district court erred in its interpretation of the contract's 'agreeing-to-agree' provision regarding apparel, but correctly interpreted the 'prior orders' exclusion. The court also affirmed the discovery sanctions imposed on K mart.
• Joseph v. United States Civil Serv. Comm'n
  554 F.2d 1140· D.C. Cir.· 1977-01-17 ·cited 77×
  The Civil Service Commission's regulation exempting the District of Columbia from certain Hatch Act prohibitions was invalid because it was legislative rulemaking subject to Administrative Procedure Act notice and comment requirements, which were not followed.
• Dadeland Depot, Inc. v. ST. Paul Fire & Marine Ins. Co.
  945 So. 2d 1216· Fla.· 2006-12-21 ·cited 76×
  The Florida Supreme Court answered five certified questions from the Eleventh Circuit regarding whether surety bond obligees can sue sureties for bad faith under Florida's insurance statutes. The Court held that obligees are "insureds" with standing to sue for bad faith refusal t
• United States v. Smith
  840 F.2d 886· 11th Cir.· 1988-03-25 ·cited 75×
  The court held that the defendant was not entitled to an entrapment instruction, the statutory definition of 'mixture' was not vague, but the sentence regarding post-confinement monitoring was improperly imposed due to timing of statutory amendments.
• United States v. John C. Grimberg Co., Inc.
  702 F.2d 1362· Fed. Cir.· 1983-03-23 ·cited 75×
  The court's majority opinion, by strict construction, limits the scope of consent to be sued under the Tucker Act, resulting in a potentially fragmented and less effective avenue for bid protests.
• United States v. Grissom
  645 F.2d 461· 5th Cir.· 1981-05-20 ·cited 75×
  The court held that the jury instruction was erroneous because it allowed conviction without requiring proof of intent to defraud the government, which is necessary under 18 U.S.C.A. § 658 given the facts.
• Fla. Hosp. (Adventist Health v. State of Fla. Agency FOR Health Care Admin.
  823 So. 2d 844· Fla. 1st DCA· 2002-08-20 ·cited 74×
  Florida Hospital appeals an Agency for Health Care Administration (AHCA) order finding that it violated Florida's reporting requirements by failing to report a hypoxic event causing temporary brain damage as a Code 15 occurrence. The court affirms, holding that the statute's plai
• United Auto. Ins. Co. v. Rodriguez
  808 So. 2d 82· Fla.· 2001-11-08 ·cited 74×·via Plain Language
  The Florida Supreme Court clarified the consequences of late payment of personal injury protection (PIP) insurance benefits under the no-fault law. The Court held that while insurers are subject to statutory penalties (10% interest and attorney's fees) for failing to pay claims w