Plain Meaning Rule

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

• Petersen v. State Farm Fire & Cas. Co.
  615 So. 2d 181· Fla. 3d DCA· 1993-03-02 ·cited 8×
  Petersen appeals a summary judgment denying uninsured motorist coverage for injuries sustained in a motorcycle accident. The court reversed, finding that the term "motor vehicle" in the uninsured motorist exclusion was ambiguous and must be construed against the insurer, State Fa
• Curtin R. Coleman, II v. Coleman
  614 So. 2d 532· Fla. 4th DCA· 1993-01-13 ·cited 8×
  In this alimony enforcement case, the Fourth District Court of Appeal upheld a trial court's entry of an income deduction order against a former husband who challenged it on the ground that his ex-wife had no minor children living with her. The court held that income deduction or
• State of Fla. Dep't of Agric. & Consumer Servs. v. Quick Cash OF Tallahassee, Inc.
  609 So. 2d 735· Fla. 1st DCA· 1992-12-04 ·cited 8×
  The Florida Department of Agriculture and Consumer Services appeals a summary judgment dismissing its action against Quick Cash for lacking statutory authority and standing. The court reverses, holding that section 570.544(11) clearly vests the Division with authority to sue on b
• AETNA Cas. & Sur. Co. v. Gen. Dynamics Corp.
  968 F.2d 707· 8th Cir.· 1992-07-06 ·cited 8×
  The court held that the pollution exclusion clause requires a temporal element for 'sudden' and that 'damages' under Missouri law does not include equitable response costs. It also found that EPA demand letters do not constitute 'suits' triggering the duty to defend.
• United States v. Wanis Koyomejian
  970 F.2d 536· 9th Cir.· 1992-07-01 ·cited 8×
  The court held that the majority's adoption of a comprehensive code of procedure for silent video surveillance warrants, derived from legislative history and other statutes, was improper judicial legislation and lacked constitutional basis.
• Akers v. Canas
  601 So. 2d 305· Fla. 3d DCA· 1992-06-23 ·cited 8×
  The court held that the construction of a deck on an easement property violated the express terms of the easement grant, which restricted use to continued access and prohibited any structure.
• Marshek v. Marshek
  599 So. 2d 175· Fla. 1st DCA· 1992-04-29 ·cited 8×
  Steven Marshek sought a writ of certiorari to challenge an order compelling an HLA blood test to determine paternity in a dissolution proceeding. The Florida District Court of Appeal held that the trial court erred by ordering the test without first resolving Marshek's estoppel d
• Battles v. State
  595 So. 2d 183· Fla. 1st DCA· 1992-02-25 ·cited 8×
  A bail bondsman appeals the estreature of a bond after a defendant failed to appear for sentencing following his nolo contendere plea. The court affirms the bond forfeiture, holding that entry of a judgment—not merely a guilty plea—is required to satisfy the conditions of an appe
• United States v. Bernier
  954 F.2d 818· 2d Cir.· 1992-01-22 ·cited 8×
  The court held that the plain language of 18 U.S.C. § 924(c) mandates imposition of the enhanced 20-year penalty for a second or subsequent conviction, even if the convictions are simultaneous.
• Resolution Tr. Corp. for Am. Sav. & Loan Ass'n of Colo. v. Westgate P'rs, Ltd.
  937 F.2d 526· 10th Cir.· 1991-06-27 ·cited 8×
  The court held that the Resolution Trust Corporation (RTC) improperly removed a case to a federal district court based on a plain language interpretation of the removal statute, which distinguished between substitution cases and RTC actions cases.
• Dibidale OF La., Inc. v. Am. Bank & Tr. Co.
  916 F.2d 300· 5th Cir.· 1990-11-06 ·cited 8×
  The dissent argues that the bank anti-tying provision requires proof that a bank imposed a tying arrangement as a mandatory condition for a loan, not merely suggested it.
• Cal. Rural Legal Assistance, Inc. v. Legal Servs. Corp.
  917 F.2d 1171· 9th Cir.· 1990-10-26 ·cited 8×
  The court held that the plain meaning of "financial assistance" in 8 U.S.C. § 1255a(h)(1)(A)(i) refers to direct pecuniary benefits, not services like legal aid.
• Clark v. Poulton
  914 F.2d 1426· 10th Cir.· 1990-09-21 ·cited 8×
  The referral of a prisoner's suit challenging conditions of confinement to a magistrate was authorized by statute, and any objection to the magistrate's authority was waived by failing to object below.
• Taumby v. United States
  902 F.2d 1362· 8th Cir.· 1990-05-14 ·cited 8×
  The dissenting judge would reverse and remand, finding the appellant's claim not time-barred under the Federal Tort Claims Act.
• Amgen, Inc. v. United States Int'l Trade Comm'n
  902 F.2d 1532· Fed. Cir.· 1990-04-27 ·cited 8×
  The court held that the Commission's dismissal for lack of subject matter jurisdiction was intrinsically a final determination on the merits and thus appealable, and that the patent claims at issue did not 'cover' the foreign process for purposes of section 1337(a)(1)(B)(ii).
• Bd. of Cnty. Comm'rs of Monroe Cnty. v. Dep't OF Cmty. Affairs
  560 So. 2d 240· Fla. 3d DCA· 1990-01-30 ·cited 8×
  The court held that road work by a county within its right-of-way for maintenance or improvement is not 'development' under Florida Statutes Chapter 380, and thus the FDCA lacks jurisdiction.
• In re Hudson v. Hudson
  859 F.2d 1418· 9th Cir.· 1988-10-27 ·cited 8×
  A prepetition judgment is not required for a debt arising from drunk driving to be declared nondischargeable under 11 U.S.C. § 523(a)(9).
• Palestine Info. Off. v. Shultz
  853 F.2d 932· D.C. Cir.· 1988-08-05 ·cited 8×
  The court held that the State Department's designation of the Palestine Information Office (PIO) as a foreign mission was supported by sufficient evidence of control by the PLO, despite the incidental impact on speech.
• Harvesters Grp., Inc. v. Westinghouse Elec. Corp.
  527 So. 2d 257· Fla. 3d DCA· 1988-06-07 ·cited 8×
  Harvesters Group and its surety appealed a judgment against them in favor of Westinghouse Electric for unpaid materials supplied to a public construction project. The court reversed, holding that Westinghouse failed to comply with statutory notice requirements under Florida Statu
• Mayfair Constr. Co. v. The United States
  841 F.2d 1576· Fed. Cir.· 1988-03-09 ·cited 8×
  The court held that Mayfair's termination settlement proposal did not constitute a claim because it did not involve a dispute, as required by the contract's Disputes clause.
• Todd v. Norman
  840 F.2d 608· 8th Cir.· 1988-03-02 ·cited 8×
  The court held that Social Security insurance benefits paid to a dependent child by or for an absent parent should be considered 'child support payments' for the purpose of the $50 disregard in AFDC eligibility.
• Benoni v. Boston & Me. Corp.
  828 F.2d 52· 1st Cir.· 1987-09-10 ·cited 8×
  The court held that the appellant failed to allege the specific cause of action created by the private law and that the new unfair labor practice claim was time-barred.
• In re RON Pair Enters., Inc. v. RON Pair Enters., Inc.
  828 F.2d 367· 6th Cir.· 1987-09-04 ·cited 8×
  The court held that section 506(b) of the Bankruptcy Code does not explicitly overrule pre-Code law disallowing postpetition interest on nonconsensual oversecured claims.
• Raymon and Joann Lynch v. Dawson
  820 F.2d 1014· 9th Cir.· 1987-06-23 ·cited 8×
  The Pickle Amendment does not apply to individuals rendered ineligible for Medicare due to Title II COLA increases attributable to parents or spouses who have never received SSI benefits.
• Horner v. Merit Sys. Prot. Bd.
  815 F.2d 668· Fed. Cir.· 1987-03-24 ·cited 8×
  The Office of Special Counsel (OSC) does not have the authority under 5 U.S.C. § 1206(e)(1)(D) to bring a general disciplinary action against a federal employee for violations of civil service law not related to prohibited personnel practices, Hatch Act violations, or merit syste
• Thompson v. Kennickell
  797 F.2d 1015· D.C. Cir.· 1986-08-08 ·cited 8×
  The Federal Courts Improvement Act of 1982 did not clearly waive sovereign immunity for the United States to pay post-judgment interest on all unsuccessfully appealed civil judgments from district courts.
• United States v. Mario B. and Joseph L. Capano
  786 F.2d 122· 3d Cir.· 1986-03-11 ·cited 8×
  The dissenting judge would reverse the district court's order dismissing the indictment, arguing that the statute clearly criminalizes equity skimming from all HUD-mortgaged properties in default, regardless of modification or extension requests.
• Consumer Party v. Davis
  778 F.2d 140· 3d Cir.· 1985-11-27 ·cited 8×
  The district court's intricate reinterpretation of state election statutes to create a hybrid party/body entity was an improper remedy, as it defied the plain language of the statutes and created significant uncertainties.
• Lewis v. McADAM
  762 F.2d 800· 9th Cir.· 1985-06-06 ·cited 8×
  A shareholder of a parent corporation whose wholly-owned subsidiary acquired an issuer through merger lacks standing to bring a Section 16(b) action, as they are not an 'owner of any security of the issuer'.
• Kosak v. United States
  679 F.2d 306· 3d Cir.· 1982-05-19 ·cited 8×
  The government is not immune from liability for property damage that occurs while the property is being detained by customs officials.
• Norfolk Shipbuilding & Drydock Corp. v. Local NO. 684 OF the Int'l Bhd. OF Boilermakers
  671 F.2d 797· 4th Cir.· 1982-01-11 ·cited 8×
  The arbitrator exceeded his authority by substituting his judgment for the company's regarding employee discipline, contrary to the plain language of the collective bargaining agreement.
• Grand Labs., Inc. v. Harris
  660 F.2d 1288· 8th Cir.· 1981-10-02 ·cited 8×
  The FDA cannot claim jurisdiction over intrastate animal biologies because Congress has exclusively conferred such jurisdiction upon the USDA via the Virus-Serum-Toxin Act of 1913, and the FDCA contains language explicitly stating it shall not affect the VSTA.
• Gregory v. Fed. Deposit Ins. Corp.
  631 F.2d 896· D.C. Cir.· 1980-07-01 ·cited 8×
  Financial reports prepared for agencies regulating financial institutions are protected by Exemption 8, even after the institutions close, and attorney's fees are not recoverable if not properly requested below.
• Uyless McDANIELS v. Great Atl. & Pac. TEA Co.
  602 F.2d 78· 5th Cir.· 1979-09-10 ·cited 8×
  The court held that the unloading company was a 'borrower' under the policy and that the insurer was liable for the settlement amount. It also held that both insurers should contribute equally to the settlement.
• Hattie Hall v. Secretary, Health, Education AND Welfare
  600 F.2d 556· 6th Cir.· 1979-06-18 ·cited 8×
  The court held that 30 U.S.C. § 925 unambiguously requires the Secretary of Labor, not HEW, to adjudicate black lung benefit claims filed during the transition period, notwithstanding other provisions.
• Thanet Corp. v. The United States
  591 F.2d 629· Ct. Cl.· 1979-01-24 ·cited 8×
• Seaboard Coast Line R.R. Co. v. Wiesenfeld Warehouse Co.
  316 So. 2d 567· Fla. 1st DCA· 1975-07-17 ·cited 8×
  The court held that the trial judge's remark to counsel in the jury's presence constituted reversible error, but the interpretation of the contract clause was correct.
• Espinoza v. Farah Mfg. Co., Inc.
  462 F.2d 1331· 5th Cir.· 1972-05-31 ·cited 8×
• Mass. Port Auth. v. The United States
  456 F.2d 782· Ct. Cl.· 1972-03-17 ·cited 8×
  The court held that the plaintiff's payment of 10% of the estimated cost of repair and rehabilitation was bargained-for consideration under the lease, and not subject to refund based on a variance between estimated and actual costs.
• Green v. Aerosol Research Co.
  374 F.2d 791· 7th Cir.· 1967-02-17 ·cited 8×
  The settlement agreement did not grant rights under a subsequently issued patent (Green '877) because the contract language explicitly limited rights to specifically named patents.
• Beister v. John Hancock Mut. Life Ins. Co.
  356 F.2d 634· 8th Cir.· 1966-02-24 ·cited 8×
  The court reached the result that the insurer is liable, but the concurring judge disagreed with the majority's reasoning regarding the effective date of the contract.
• Sol J. Ellerin v. Mass. Mut. Life Ins. Co.
  270 F.2d 259· 2d Cir.· 1959-09-08 ·cited 8×
  A 'series' of preferred stock is not a separate 'class' of equity security under Section 16(b) of the Securities Exchange Act of 1934.
• Int'l Derrick & Equip. Co. v. Buxbaum
  240 F.2d 536· 3d Cir.· 1957-01-09 ·cited 8×
  The court held that the 'care, custody or control' exclusion clause in the insurance policy was operative, relieving the insurer of liability for damage to the antenna mast.
• Lehman v. Civil Aeronautics Bd.
  209 F.2d 289· D.C. Cir.· 1953-08-06 ·cited 8×
  The court held that the presence of partners from the same firm on the boards of two different companies, where one is a common carrier and the other an air carrier, does not constitute an unlawful interlocking relationship under the statute as written.
• Auto. Ins. Co. of Hartford v. Denny
  206 F.2d 401· 8th Cir.· 1953-07-30 ·cited 8×
  The court held that dismounted diamonds, even when removed from a setting, still constitute "unscheduled jewelry" under the terms of the insurance policy.
• Woods v. Durr
  170 F.2d 976· 3d Cir.· 1948-11-08 ·cited 8×
  A landlord may evict a tenant to permanently withdraw housing accommodations from the rental market in good faith, even if the withdrawal is for the purpose of sale, under Section 209(a)(5) of the Housing and Rent Act of 1947, as amended.
• Hardware Mut. Cas. Co. v. Wendlinger
  146 F.2d 984· 4th Cir.· 1944-12-26 ·cited 8×
  The court held that the insurer was not liable because the automobile involved in the accident was not covered by the garage liability policy, as it was being used for personal pleasure and was not owned principally for use in the garage operations.
• Catalyst Pharms., Inc. v. Becerra
  14 F.4th 1299· 11th Cir.· 2021-09-30 ·cited 7×
  The court held that the phrase 'same disease or condition' in the Orphan Drug Act is unambiguous and refers to the designated rare disease, not the specific approved use.
• White v. Fort Myers Beach Fire Control Dist.
  302 So. 3d 1064· Fla. 2d DCA· 2020-09-04 ·cited 7×
  Darren White, a fire chief employed by Fort Myers Beach Fire Control District, appeals a summary judgment in favor of the District on his claims for breach of contract, breach of the implied covenant of good faith and fair dealing, reformation, and negligent misrepresentation. Th
• Wilhen Hill Barrientos v. Corecivic, Inc.
  951 F.3d 1269· 11th Cir.· 2020-02-28 ·cited 7×
  The Trafficking Victims Protection Act (TVPA) applies to private contractors operating federal immigration detention facilities, and such contractors can be liable if they obtain labor through illegal coercive means, even within a federally mandated work program.