Plain Meaning Rule

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

• Microf LLC v. Cumbess
  960 F.3d 1325· 11th Cir.· 2020-06-03 ·cited 6×
  The court held that under 11 U.S.C. § 365(p)(1), if the Chapter 13 trustee does not timely assume an unexpired lease of personal property, the leased property is no longer part of the bankruptcy estate, regardless of the debtor's actions.
• State v. Espinoza
  264 So. 3d 1055· Fla. 3d DCA· 2019-01-30 ·cited 6×
  Bitcoin qualifies as a "payment instrument" and "monetary value" under Florida Statutes sections 560.103(21) and 560.103(29), making Espinoza's unlicensed cash-for-Bitcoin business subject to money services business registration requirements under section 560.125. The trial court
• D.H. v. Adept Cmty. Servs., Inc.
  271 So. 3d 870· Fla.· 2018-11-01 ·cited 6×
  The Florida Supreme Court reversed the Second District Court of Appeal's decision that statute of limitations barred minors' negligence claims against service providers who allegedly failed to protect them from parental abuse. The Court held that the statute of limitations was to
• Progressive Select Ins. Co. v. S H L Enters.
  264 So. 3d 1013· Fla. 2d DCA· 2018-10-31 ·cited 6×
  Appraisal fees required under insurance policy provisions are not deductibles prohibited by section 627.7288, which only forbids deductibles on windshield damage claims. The circuit court departed from the essential requirements of law by failing to analyze and interpret the stat
• Nicon Constr. v. Homeowners Choice Prop. & Cas. Ins.
  249 So. 3d 681· Fla. 2d DCA· 2018-05-11 ·cited 6×
  An assignment of insurance benefits stating "any and all insurance rights, benefits, and causes of action" must be interpreted in context as assigning only the rights to payment for services performed by the assignee, not all rights under the entire policy.
• Williams v. State
  244 So. 3d 356· Fla. 1st DCA· 2018-04-18 ·cited 6×
  A person who has never had a Florida driver's license and is not exempt from the licensing requirement does not have a "driving privilege" capable of suspension or revocation, and therefore cannot be convicted under section 322.34(1) or (2). The court reversed and remanded with i
• Waverly 1 & 2, LLC v. Waverly at Las Olas Condo Assoc
  242 So. 3d 425· Fla. 4th DCA· 2018-03-21 ·cited 6×
  The Owner of two commercial units in a mixed-use condominium appealed a trial court judgment requiring commercial unit owners to obtain written board consent before altering landscaping. The appellate court reversed, finding that the Declaration of Condominium explicitly exempts
• Knauf Plasterboard (Tianjin) Co., Ltd. v. Ziegler
  219 So. 3d 882· Fla. 4th DCA· 2017-06-07 ·cited 6×
  Chinese drywall manufacturers sought certiorari review of trial court orders permitting discovery of the actual amount of punitive damages paid in settlement of an unrelated prior case. The Fourth District Court of Appeal agreed that section 768.73(2), Fla. Stat. (2016), which ba
• Summitbridge Credit Invs. III, LLC v. Carlyle Beach, LLC
  218 So. 3d 486· Fla. 4th DCA· 2017-05-03 ·cited 6×
  The appellate court reversed a commercial foreclosure judgment, finding that the borrower's failure to provide financial disclosures was not a material breach because credit was no longer available under the loan agreement. The court clarified that contractual obligations to prov
• Barron v. State
  217 So. 3d 1088· Fla. 3d DCA· 2017-04-12 ·cited 6×
  The court held that the 2014 amendment to section 394.918(3) allows the trial court to weigh and consider evidence presented by both parties at a probable cause hearing for release from civil commitment.
• Florida Carry v. City OF Tallahassee
  212 So. 3d 452· Fla. 1st DCA· 2017-02-03 ·cited 6×
  Florida Carry, Inc. and the Second Amendment Foundation challenged the City of Tallahassee's republication of two firearms ordinances that had been declared null and void by state preemption law. The First District affirmed summary judgment for the city, holding that republicatio
• Casais v. State
  204 So. 3d 969· Fla. 5th DCA· 2016-11-18 ·cited 6×
  Ruben Casais was convicted of uttering a forged credit card under Florida law, but the court reversed because the altered gift cards he used did not meet the statutory definition of 'credit card.' The statute requires a credit card to be issued to a named cardholder and usable fo
• Ebanks v. Ebanks
  198 So. 3d 712· Fla. 2d DCA· 2016-01-29 ·cited 6×
  Diana Ebanks inherited three Cayman Islands properties held in joint proprietorship with her ex-husband Arthur upon his death, and those properties passed to her by operation of Cayman Islands law and Arthur's will. The estate sought to enforce the divorce judgment to force a sal
• Cleveland v. Crown Fin., LLC
  183 So. 3d 1206· Fla. 1st DCA· 2016-01-15 ·cited 6×
  Scott and Stephanie Cleveland appealed a foreclosure judgment, arguing the trial court erred in calculating their indebtedness by allowing advances beyond the $300,000 limit expressly stated in the parties' Profit Sharing Agreement. The court reversed and remanded, holding that t
• Verizon Bus. Purchasing, LLC v. State
  164 So. 3d 806· Fla. 1st DCA· 2015-06-11 ·cited 6×
  Verizon Business Purchasing challenged the Florida Department of Revenue's Notice of Proposed Assessment (NOPA) as untimely under the statute of limitations, arguing that only a final assessment—not a proposed assessment—triggers the deadline under section 95.091(3)(a). The First
• Parker v. The Bd. OF Trs. OF the City Pension Fund FOR Firefighters & Police Officers IN the City OF Tampa
  149 So. 3d 1129· Fla.· 2014-10-23 ·cited 6×
  The Florida Supreme Court held that prevailing party attorney's fees provisions in sections 175.061(5) and 185.05(5) apply to lawsuits brought to enforce claims under local law pension plans established by special act, even when the specific benefit at issue (the 13th Check Progr
• W. Flagler Assocs., Ltd. v. Dep't OF Bus. & Prof'l Reg.
  139 So. 3d 419· Fla. 1st DCA· 2014-05-27 ·cited 6×
  West Flagler Associates sought a new summer jai alai permit under Florida law, which allows issuance when the lowest-performing pari-mutuel permit holder declines to convert. The Department of Business and Professional Regulation denied the application, claiming the same fiscal y
• State v. Thomas
  133 So. 3d 1133· Fla. 5th DCA· 2014-02-14 ·cited 6×
  The State appeals a trial court's declaration that Florida Statutes § 831.28(2)(a) is facially unconstitutional insofar as it criminalizes mere possession of a counterfeit payment instrument without requiring an intent to defraud. The Fifth District affirmed, holding that the sta
• Gulf Atl. Off. Props., Inc. v. Dep't OF Revenue & City of St. Petersburg
  133 So. 3d 537· Fla. 2d DCA· 2014-01-17 ·cited 6×
  The court held that Gulf Atlantic was not entitled to a tax refund for building materials because they were not used in an enterprise zone at the time of purchase, and the statute's sunset provision barred the claim.
• M.D.C. v. B.N.M.J.
  117 So. 3d 489· Fla. 1st DCA· 2013-07-24 ·cited 6×
  The court held that the trial court erred in dismissing the petition for termination of parental rights and adoption, as the petitioner facially qualified under the statute's plain language.
• McDADE v. State
  114 So. 3d 465· Fla. 2d DCA· 2013-06-07 ·cited 6×
  Richard McDade was convicted of multiple sex crimes against his minor stepdaughter based partly on recordings she secretly made of their conversations. The appellate court affirmed the conviction, holding that McDade had no reasonable expectation of privacy in conversations solic
• Dep't OF Revenue o/b/o T.L.S. v. S.J.W.
  113 So. 3d 85· Fla. 2d DCA· 2013-04-26 ·cited 6×
  The Florida Second District Court of Appeal reversed a trial court's child support calculation because the court improperly deducted a prior court-ordered child support obligation from the father's income when evidence established he had not actually paid that obligation. The cas
• Hinzman v. Winter Haven Facility Operations LLC
  109 So. 3d 256· Fla. 1st DCA· 2013-02-18 ·cited 6×
  In this workers' compensation case, the court reversed the Judge of Compensation Claims' interpretation that the "5 days" in Florida Statutes section 440.13(2)(f) means business days rather than calendar days. The court held that the plain language of the statute requires carrier
• In the Interest of A.G. v. S.A.
  40 So. 3d 908· Fla. 3d DCA· 2010-07-28 ·cited 6×
  The court held that an indigent parent in dependency proceedings is entitled to appointed counsel, regardless of whether they are the 'offending' parent, as the statute and rules do not distinguish between parents.
• A. Duda & Sons, Inc. v. ST. Johns River Water Mgmt. Dist.
  17 So. 3d 738· Fla. 5th DCA· 2009-07-17 ·cited 6×
  Duda challenged the St. Johns River Water Management District's interpretation of the agricultural exemption in Florida Statutes § 373.406(2), which exempts agricultural topography alterations from permitting requirements unless done for the sole or predominant purpose of impound
• Abuelhawa v. United States
  556 U.S. 816· U.S.· 2009-05-26 ·cited 6×
  A defendant's phone calls to arrange a misdemeanor drug purchase do not violate the Controlled Substances Act's prohibition on using a communication facility to facilitate a felony, as the buyer's role is primary, not facilitative.
• Abel Homes AT Naranja Villas, LLC v. Anselmo Hernandez and Juaquin Lloveras
  960 So. 2d 891· Fla. 3d DCA· 2007-07-18 ·cited 6×
  Abel Homes appealed a trial court order denying its motion to compel arbitration of claims by purchasers of condominium units. The court affirmed, holding that the developer waived its right to arbitration by failing to elect arbitration within the twenty-day period specified in
• Alexie R. Kelly v. State
  946 So. 2d 591· Fla. 1st DCA· 2006-12-21 ·cited 6×
  The trial court erred in admitting the appellant's confession because the requirements of section 92.565(2), Florida Statutes, were not met.
• Church & Tower of Fla., Inc. v. Bellsouth Telecomms., Inc.
  936 So. 2d 40· Fla. 3d DCA· 2006-07-19 ·cited 6×
  Church & Tower appeals a summary judgment requiring it to indemnify BellSouth for injuries arising from pole replacement work. The court affirmed, holding that the unambiguous indemnity clause in their contract required Church & Tower to indemnify BellSouth for all liabilities ar
• Quincy Jefferson v. State
  927 So. 2d 1037· Fla. 4th DCA· 2006-05-10 ·cited 6×
  Quincy Jefferson was convicted of shooting a deadly missile and aggravated battery. The Fourth District affirmed the convictions but reversed the firearm enhancement to his sentence for shooting a deadly missile, holding that the use of a firearm is an essential element of the cr
• Marx v. Clear Channel Broad., Inc.
  887 So. 2d 405· Fla. 4th DCA· 2004-10-13 ·cited 6×
  A radio station employee sued his former employer's successor for tortiously interfering with his prospective employment advantage by enforcing a non-compete clause. The court reversed summary judgment, holding that the non-assignability clause in the employment contract was unam
• Cobb v. State
  884 So. 2d 437· Fla. 1st DCA· 2004-10-01 ·cited 6×
  Andrea Holloway Cobb appeals her conviction for attempted murder and aggravated battery, challenging the trial court's denial of her motion for mistrial and exclusion of expert testimony regarding involuntary intoxication. The appellate court affirms both rulings, holding that Co
• Gannon v. Ofer Amir
  873 So. 2d 532· Fla. 4th DCA· 2004-05-19 ·cited 6×
  The court held that the Marital Settlement Agreement's provisions for substitute visitation are unambiguous and intended to replace, not supplement, standard visitation.
• State v. Burkhart
  869 So. 2d 1242· Fla. 4th DCA· 2004-03-31 ·cited 6×
  The State appeals a trial court's refusal to impose a mandatory 10-year minimum sentence under Florida's '10/20/Life' statute for escape from a Jimmy Ryce sexual predator facility while armed. The court holds that 'escape' in the statute encompasses escapes from Jimmy Ryce facili
• Karwoski v. State
  867 So. 2d 486· Fla. 4th DCA· 2004-02-18 ·cited 6×
  James Karwoski was convicted of computer pornography and child exploitation under Florida Statute § 847.0135(3) after an undercover police officer posing as a 15-year-old boy engaged him in sexually explicit online conversations and arranged an in-person meeting. On appeal, Karwo
• Seidle v. Nat'l Ass'n of Sec. Dealers, Inc.
  248 F. Supp. 2d 1140· M.D. Fla.· 2003-01-08 ·cited 6×
  The court held that the click agreements were valid and enforceable, prohibiting the commercial use of the PDP web site content, and therefore dismissed the plaintiffs' claims.
• K. H. v. State
  821 So. 2d 1202· Fla. 5th DCA· 2002-07-26 ·cited 6×
  K.H., a juvenile, was ordered to submit DNA blood samples as a condition of community control following a plea to burglary and alcohol possession charges. The Fifth District Court of Appeal reversed this requirement, holding that the DNA statute (section 943.325, Fla. Stat. 2000)
• Breuer v. Jim's Concrete OF Brevard, Inc.
  292 F.3d 1308· 11th Cir.· 2002-06-05 ·cited 6×
  Breuer sued Jim's Concrete in Florida state court for unpaid wages under the Fair Labor Standards Act; the defendant removed to federal court, and the district court denied remand. The Eleventh Circuit affirmed, holding that the FLSA's language permitting actions to be "maintaine
• Vermut v. Gen. Motors Corp., Inc.
  773 So. 2d 126· Fla. 4th DCA· 2000-12-20 ·cited 6×
  The court held that a broad, unambiguous release signed by the plaintiffs barred their subsequent action against the manufacturer for breach of warranty and related claims.
• Equity Corp. Holdings, Inc. v. Dep't of Banking & Fin.
  772 So. 2d 588· Fla. 1st DCA· 2000-12-01 ·cited 6×
  Equity Corp. Holdings and related entities appealed a cease-and-desist order from the Department of Banking and Finance, challenging whether their Mortgage Payoff Acceleration Program (MPAP) constituted operating as an unlicensed mortgage lender under Florida law. The court rever
• Vencor Hosps. S., Inc. v. Blue Cross & Blue Shield of R.I.
  86 F. Supp. 2d 1155· S.D. Fla.· 2000-03-06 ·cited 6×
  The court held that the Outline of Coverage is not part of the insurance contract and that 'health care expenses' refers to the costs of treatment, not the types of treatment. Promissory estoppel claims also failed.
• Nationwide Mut. Fire Ins. Co. v. Se. Diagnostics, Inc.
  766 So. 2d 229· Fla. 4th DCA· 2000-02-02 ·cited 6×
  The court held that the statute requiring a physician's report to withdraw payment applies only when an insurer has previously authorized and paid for services, not when denying an initial claim.
• Zebulon Teeter, Jr. v. Dep't OF Transp.
  713 So. 2d 1090· Fla. 5th DCA· 1998-07-17 ·cited 6×
  In consolidated eminent domain appeals, property owners challenged attorney's fee awards, arguing they were entitled to fees under both subsections of Florida's eminent domain attorney's fees statute. The court affirmed the trial court's decision to award fees based solely on mon
• CBS, Inc. v. PrimeTime 24 Joint Venture
  9 F. Supp. 2d 1333· S.D. Fla.· 1998-05-13 ·cited 6×
  The court held that the Satellite Home Viewers Act's definition of 'unserved household' relies on an objective FCC standard for signal intensity, not subjective subscriber reports of picture quality. PrimeTime 24's reliance on subscriber self-reporting is insufficient to comply w
• T.M. v. State
  701 So. 2d 1221· Fla. 1st DCA· 1997-12-01 ·cited 6×
  A 15-year-old appellant challenged a trial court's order imposing five days detention and 100 hours community service for aggravated assault with a firearm, arguing he was effectively committed to a residential program despite being placed in intensive community supervision with
• Williams v. Ergle
  698 So. 2d 1294· Fla. 5th DCA· 1997-08-22 ·cited 6×
  Pre-trial detainees in Marion County Jail challenged charges for medical, dental, and meal costs deducted from their inmate accounts, claiming no statute authorized such charges and that Article I, Section 19 of the Florida Constitution protected them from pre-conviction costs. T
• Suwannee River Water Mgmt. Dist. v. The Honorable Teila Pearson
  697 So. 2d 1224· Fla. 1st DCA· 1997-06-27 ·cited 6×
  The court held that a water management district is a special taxing district and its taxes should be subject to the commission rate for special taxing districts, not the higher rate for county taxes.
• Deason v. State
  688 So. 2d 988· Fla. 1st DCA· 1997-02-28 ·cited 6×
  The court held that the plain text of the statute, particularly the absence of a comma, dictates its interpretation, and legislative history should not be used to override clear statutory language.
• Roberts v. State
  685 So. 2d 1277· Fla.· 1996-12-19 ·cited 6×
  Florida Supreme Court holds that when a trial court imposes a split sentence (prison followed by probation), the incarcerative portion may deviate more than 25% from sentencing guidelines if the court properly imposes a departure sentence under Florida Statutes Chapter 921 and pr
• In the Interest of A.C. v. The Natural Parents OF A.C.
  660 So. 2d 330· Fla. 2d DCA· 1995-08-30 ·cited 6×
  The court held that Florida Statute § 39.464 permits termination of parental rights for abuse committed by one parent, even if the other parent did not commit abuse.