Plain Meaning Rule

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

• Coastal Creek Condo. Ass'n, Inc. v. Fla Tr. Servs. LLC
  275 So. 3d 836· Fla. 1st DCA· 2019-07-16 ·cited 7×
  Coastal Creek Condominium Association appeals summary judgment in favor of FLA Trust Services LLC regarding the scope of a present condominium unit owner's joint and several liability for unpaid assessments under Florida Statutes section 718.116(1)(a). The First District Court of
• Lenzi v. The Regency Tower Ass'n, Inc.
  250 So. 3d 103· Fla. 4th DCA· 2018-06-20 ·cited 7×
  A condominium declaration provision granting the Association authority to make "alterations or improvements" to common property, construed according to its plain and ordinary meaning, encompasses material alterations and requires only Board approval, not 75% unit owner approval.
• Hous. Opportunities Project v. SPV Realty, LC
  212 So. 3d 419· Fla. 3d DCA· 2016-12-21 ·cited 7×
  The Florida District Court of Appeal held that private claimants must exhaust administrative remedies by filing a complaint with the Florida Commission on Human Relations and allowing 180 days for conciliation before filing a civil action under the Florida Fair Housing Act. The c
• ONE S. Ocean Drive 2000, Ltd. v. ONE Ocean Boca, LLC
  182 So. 3d 872· Fla. 4th DCA· 2016-01-06 ·cited 7×
  One South Ocean Drive challenged a trial court's denial of leave to file suit against a court-appointed receiver, arguing the receiver breached fiduciary duties by entering lease agreements without proper authorization. The Fourth District Court of Appeal reversed, holding that t
• Redus Fla. Commercial, LLC v. Coll. Station Retail Ctr., LLC
  777 F.3d 1187· 11th Cir.· 2014-12-19 ·cited 7×
  The Eleventh Circuit held that under 28 U.S.C. § 1921(c)(1), the United States Marshals Service's commission for conducting a foreclosure sale is calculated based on the actual winning bid amount accepted at auction, not the judgment lien amount or appraised property value. Redus
• N. Carillon, LLC v. CRC 603, LLC
  135 So. 3d 274· Fla.· 2014-01-23 ·cited 7×
  The Florida Supreme Court addressed whether a condominium developer violated the Condominium Act's escrow requirements by maintaining two categories of buyer deposits in a single escrow account rather than separate accounts. The Court held that the statutory language was ambiguou
• In re Guardianship OF Mary W. Klatthaar. Marion Yazdzik v. Scott
  129 So. 3d 482· Fla. 2d DCA· 2014-01-08 ·cited 7×
  In this guardianship case, the court reversed the circuit court's award of attorney's fees and examining committee fees to be paid from the estate of Mary Klatthaar, who died before a guardianship was established. The court held that Florida statutes 744.108 and 744.331 do not au
• S. Fla. Racing Ass'n v. State
  201 So. 3d 57· Fla. 3d DCA· 2013-07-01 ·cited 7×
  South Florida Racing Association appeals the Division of Pari-Mutuel Wagering's denial of its application for a summer jai alai permit based on the Division's interpretation of Florida Statute § 550.0745(1). The court reverses, holding that the Division's interpretation of 'small
• Felder v. King Motor Co. OF S. Fla.
  110 So. 3d 105· Fla. 4th DCA· 2013-03-20 ·cited 7×
  Felder appeals from summary judgment in favor of King Motor Company, which claimed statutory employer immunity under Florida's Workers' Compensation Act. The Fourth District affirmed, holding that a motor vehicle dealer can qualify as a statutory employer under section 440.10(1)(
• Cook v. Cook
  94 So. 3d 683· Fla. 4th DCA· 2012-08-15 ·cited 7×
  In this family law appeal, the Fourth District Court of Appeal reversed a trial court's denial of a former wife's petition to modify alimony, holding that the marital settlement agreement did not condition alimony modification solely on a change in child custody, and that the for
• MDC 6, LLC v. NRG Inv. P'rs, LLC
  93 So. 3d 1145· Fla. 2d DCA· 2012-08-01 ·cited 7×
  The court held that the mortgage agreement's arbitration clause, despite a conflicting reservation of rights for foreclosure, mandates arbitration for foreclosure claims.
• Jervis v. Tucker
  82 So. 3d 126· Fla. 4th DCA· 2012-02-08 ·cited 7×
  Donald Jervis, as limited guardian and beneficiary of Bernice Meikle's trust, appeals a summary judgment order invalidating a second amendment to the trust executed while Meikle was under a court order of incapacity. The court affirmed, holding that the plain language of the trus
• Raymond James Fin. Servs., Inc. v. Phillips
  110 So. 3d 908· Fla. 2d DCA· 2011-11-16 ·cited 7×
  Raymond James appeals a trial court's declaratory judgment holding that Florida's statutes of limitations do not apply to arbitration claims when the arbitration agreement does not expressly incorporate them. The Second District affirms, holding that arbitrations are not "civil a
• 1000 Friends OF Fla., Inc. v. Palm Beach Cnty. & Bergeron Sand & Rock Mine Aggregates, Inc.
  69 So. 3d 1123· Fla. 4th DCA· 2011-10-05 ·cited 7×
  1000 Friends of Florida and Sierra Club challenged a development order permitting mining in the Everglades Agricultural Area, arguing it violated the county's comprehensive plan. The court held that the word "only" in the Future Land Use Element policy creates a restrictive list
• DePIERRE v. United States
  564 U.S. 70· U.S.· 2011-06-09 ·cited 7×
  The Supreme Court held that the federal drug sentencing statute's reference to "cocaine base" in 21 U.S.C. § 841(b)(1) means cocaine in its chemically basic form generally, not exclusively crack cocaine. This interpretation means that trafficking in crack cocaine, freebase, coca
• State v. Nowlin
  50 So. 3d 79· Fla. 1st DCA· 2010-12-14 ·cited 7×
  The Florida Supreme Court reversed the trial court's dismissal of child neglect charges against a 17-year-old babysitter whose pit bull attacked a 2-year-old in her care, holding that juveniles can be prosecuted for child neglect and that the undisputed facts created a jury quest
• Commercial JET, Inc. v. U.S. Bank, N.A.
  45 So. 3d 887· Fla. 3d DCA· 2010-09-15 ·cited 7×
  Commercial Jet sought to foreclose a mechanic's lien on a Boeing 767 aircraft for unpaid maintenance services. The court affirmed summary judgment for U.S. Bank, holding that a mechanic's lien under Florida Statute § 713.58 is possessory in nature and is lost when the lienholder
• Nova Cas. Co. v. Marciana Willis
  39 So. 3d 434· Fla. 3d DCA· 2010-06-30 ·cited 7×
  Nova Casualty appealed a trial court's insurance coverage determination regarding a landscaper's commercial general liability policy after the landscaper improperly trimmed mangroves both on the property owner's land and on adjacent state-owned property. The appellate court affir
• Orange Cnty. & Alternative Serv. v. NEW
  39 So. 3d 423· Fla. 5th DCA· 2010-06-25 ·cited 7×
  The court held that the trial court correctly denied the petition for a rule nisi because the statute, by its plain terms, only provides an enforcement mechanism for employees, not employers.
• Fla. Power & Light Co. & FPL Emp. Intervenor v. Fla. Pub. Serv. Comm'n
  31 So. 3d 860· Fla. 1st DCA· 2010-03-03 ·cited 7×
  Florida Power & Light Company and Progress Energy Florida, Inc. sought to keep employee compensation information confidential in ratemaking proceedings before the Florida Public Service Commission. The First District Court of Appeal reversed the Commission's orders denying confid
• Campbell v. State
  29 So. 3d 1147· Fla. 1st DCA· 2010-01-29 ·cited 7×
  Michael Campbell appeals his conviction for burglary of a dwelling with a person assaulted and simple battery, while the State cross-appeals the trial court's refusal to impose a life sentence under the Prison Releasee Reoffender (PRR) Act. The First District reverses the trial c
• Carmack v. State
  31 So. 3d 798· Fla. 1st DCA· 2009-11-17 ·cited 7×
  This case involves a dissent arguing that an employer/carrier should not retain the right to select a future treating physician after wrongfully denying initial treatment, advocating instead for the claimant to continue with their current physician.
• State v. Lacayo
  8 So. 3d 385· Fla. 3d DCA· 2009-03-04 ·cited 7×
  The court held that the trial court erred in denying the State's motion to modify probation to include mandatory electronic monitoring, as the statute applies to any crime committed after September 1, 2005, by a designated sexual predator.
• Bd. OF Trs. OF Fla. State Univ. & The Fla. State Univ. v. Esposito
  991 So. 2d 924· Fla. 1st DCA· 2008-08-15 ·cited 7×
  The court held that section 768.28(8)'s twenty-five percent cap on attorney's fees does not apply to claims brought under the Florida Civil Rights Act (FCRA), and that the $100,000 limitation in section 768.28(5) includes attorney's fees and costs.
• Gonzalez v. State
  941 So. 2d 1226· Fla. 5th DCA· 2006-11-17 ·cited 7×
  Sebastian Gonzalez challenged the constitutionality of Florida's animal fighting statute (section 828.122(3)), arguing it was overbroad in prohibiting knowingly attending cockfights. The court affirmed the trial court's denial of the motion, holding that the statute's requirement
• Active Spine Ctrs., LLC v. State Farm Fire & Cas. Co.
  911 So. 2d 241· Fla. 3d DCA· 2005-09-28 ·cited 7×
  Active Spine Centers, a chiropractic clinic, appealed summary judgment denying compensation for services rendered during a two-month period when the clinic operated without required state registration following the death of its owner/supervising physician. The court affirmed, hol
• Osorio v. Bd. of Prof'l Surveyors & Mappers
  898 So. 2d 188· Fla. 5th DCA· 2005-03-11 ·cited 7×
  The Florida District Court of Appeal reversed the Board of Professional Surveyors and Mappers' denial of Jose Osorio's application to take the surveyor licensure examination. The court held that section 472.013(2)(a) does not require a four-year degree, only an approved course of
• 14TH & Heinberg, L.L.C. v. Henricksen & Co., Inc.
  877 So. 2d 34· Fla. 1st DCA· 2004-06-03 ·cited 7×
  14th & Heinberg challenged three final judgments enforcing mechanics' liens against its leasehold interest for improvements made by Montgomery Ward. The Florida appellate court held that while a recorded short-form lease must contain an express lien disclaimer to protect a lessor
• Air Caledonie Int'l v. AAR Parts Trading, Inc.
  315 F. Supp. 2d 1319· S.D. Fla.· 2004-04-02 ·cited 7×
  The court held that the unserviceable conditions on the engine's T2 blade and combustion chamber existed prior to the lease, and therefore ACI was not liable for repairs or damages related to those pre-existing conditions.
• Rodriguez v. Investco, L.L.C.
  305 F. Supp. 2d 1278· M.D. Fla.· 2004-02-24 ·cited 7×
  The court held that the plaintiff failed to establish that the defendant violated the ADA by failing to design and construct accessible facilities or by failing to remove architectural barriers, and thus, no relief was available.
• Baldwin v. State
  857 So. 2d 249· Fla. 2d DCA· 2003-09-05 ·cited 7×
  Kenneth Baldwin was convicted of carrying a concealed weapon and possession of a firearm by a violent career criminal after police found a gun in his bag. The appellate court reversed the concealed weapon conviction, holding that under Florida's statutory definitions, a firearm i
• State v. Koczwara
  837 So. 2d 591· Fla. 2d DCA· 2003-02-14 ·cited 7×
  The State appealed a trial court's dismissal of unauthorized possession of a driver's license charges against Katherine Koczwara. The appellate court reversed, holding that Florida Statutes section 322.212(1)(a) prohibits possession of driver's licenses with altered license numbe
• LaFLEUR v. State
  812 So. 2d 545· Fla. 4th DCA· 2002-03-27 ·cited 7×
  Wendy LaFleur was convicted of grand theft auto in the second degree and sentenced to 74.3125 months as a habitual offender. LaFleur appealed, arguing the trial court improperly applied a 1.5 sentencing multiplier designed only for grand theft in the third degree. The court agree
• McDOUGALL v. VAN House
  801 So. 2d 118· Fla. 2d DCA· 2001-10-31 ·cited 7×
  The Florida Second District Court of Appeal reviewed a circuit court's decision that quashed a civil service board's disciplinary decision against a Lee County deputy sheriff. The court held that the circuit court incorrectly applied Chapter 30 of the Florida Statutes rather than
• In re Advisory Opinion to the Governor-Terms of Cnty. Court Judges
  750 So. 2d 610· Fla.· 1999-10-14 ·cited 7×
  The Florida Supreme Court issued an advisory opinion addressing how a 1998 constitutional amendment extending county court judges' terms from four to six years should be applied to judges elected at different times. The Court held that judges whose terms began on the amendment's
• Watson v. Prudential Prop. & Cas. Ins. Co.
  696 So. 2d 394· Fla. 3d DCA· 1997-06-11 ·cited 7×
  An injured airline employee sued her automobile insurance carrier for personal injury benefits after being injured by an employee shuttle bus. The court reversed summary judgment for the carrier, holding that the restricted-access employee shuttle bus does not constitute "mass tr
• Barbosa v. Liberty Mut. Ins. Co.
  617 So. 2d 1129· Fla. 3d DCA· 1993-05-11 ·cited 7×
  Barbosa appeals a summary judgment dismissing his workers' compensation claim against his insurance carrier, Liberty Mutual, alleging the carrier breached its statutory duty to cooperate in investigating a third-party products liability claim against a ladder manufacturer. The co
• Hurston v. Dir., Off. OF Workers Comp. Programs
  989 F.2d 1547· 9th Cir.· 1993-04-01 ·cited 7×
  A structure built on pilings that extends from land to navigable water is a covered 'pier' under the Longshoremen's and Harbor Workers' Compensation Act, regardless of its specific maritime use.
• In the Interest of P.J.
  579 So. 2d 299· Fla. 4th DCA· 1991-05-08 ·cited 7×
  A juvenile was adjudicated delinquent for threatening a police officer with death and bodily harm in violation of Florida Statute § 838.021. The Fourth District Court of Appeal affirmed the conviction but reversed the assessment of public defender's fees imposed without notice an
• Lloyd Citrus Trucking, Inc. v. State of Fla. Dep't OF Agric. & Consumer Servs.
  572 So. 2d 977· Fla. 4th DCA· 1990-12-19 ·cited 7×
  The court held that section 601.65, Florida Statutes (1979), provides alternative remedies, and pursuing a judicial suit precludes a subsequent administrative action on the same claim.
• Smith v. City OF Miami
  552 So. 2d 245· Fla. 1st DCA· 1989-11-02 ·cited 7×
  A retired firefighter sought workers' compensation benefits for heart disease that developed 15 months after retirement, claiming coverage under Florida's firefighter presumption statute. The court affirmed the denial of benefits, holding that the statutory presumption applies on
• Pollard v. Autotote, Ltd.
  852 F.2d 67· 3d Cir.· 1988-07-18 ·cited 7×
  The court held that the forfeiture provision in the 1971 plan did not apply to an employee involuntarily terminated without fault, but the 1977 plan's provision did apply, though its reasonableness required further factual development.
• First Chicago Corp. v. Commissioner OF Internal Revenue
  842 F.2d 180· 7th Cir.· 1988-03-16 ·cited 7×
  The court held that tax preference items that do not confer an actual tax benefit in a given year should not be subject to the minimum tax until such benefit is realized, even in the absence of specific Treasury regulations.
• Matala v. Consolidation Coal Co.
  647 F.2d 427· 4th Cir.· 1981-04-24 ·cited 7×
  The court held that the statutory language regarding miner pay upon transfer is not ambiguous and means the pay rate at the time of transfer, not the classification rate.
• Loftus v. Pa. Life Ins. Co.
  314 So. 2d 159· Fla. 4th DCA· 1975-05-23 ·cited 7×
  This case addresses whether a motorcycle is covered under an insurance policy insuring against accidental bodily injury while driving or riding "any automobile, truck or bus." The trial court held the policy did not cover injuries sustained while riding a motorcycle, and the appe
• Jameson v. The Mut. Life Ins. Co. OF NEW York
  415 F.2d 1017· 5th Cir.· 1969-07-31 ·cited 7×
  The court held that the unambiguous exclusion for gunshot wounds applied even to accidental self-inflicted deaths, and that the insurer did not unlawfully discriminate by issuing different policy forms with varying rates and benefits.
• Octavius H. Gadsden v. Jones
  1 Fla. 332· Fla.· 1847-01-01 ·cited 7×
  This case interprets Florida's statute governing the discharge of executors and administrators from their fiduciary duties. The court held that when an executor or administrator obtains a lawful discharge after faithful administration, they are released from liability for suits i
• United States v. Alphonso James
  135 F.4th 1329· 11th Cir.· 2025-04-30 ·cited 6×
  The Eleventh Circuit held that the phrase "in connection with" in U.S.S.G. § 2K2.1(b)(6)(B) is unambiguous and that the district court erred in deferring to the commentary, but the factual findings were sufficient to affirm the enhancement.
• Breman Wootton v. Iron Acquisitions
  338 So. 3d 425· Fla. 2d DCA· 2022-05-04 ·cited 6×
  This case concerns whether a landlord must strictly comply with Florida's security deposit notice statute (section 83.49) to retain any portion of a tenant's deposit. The appellate court held that strict compliance is mandatory and reversed the lower court's decision, finding the
• Logue v. Book
  297 So. 3d 605· Fla. 4th DCA· 2020-06-24 ·cited 6×
  Derek Warren Logue appeals a final injunction for protection against stalking issued against him by the trial court at the request of Lauren Frances Book, a Florida State Senator and public figure. The appellate court granted a motion for rehearing en banc, vacated its prior opin