Plain Meaning Rule

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

• C.W. and M.G. v. State
  655 So. 2d 87· Fla.· 1995-05-11 ·cited 6×
  The court held that the grant of authority to order restitution for 'any' damage under section 39.054(1)(f), Florida Statutes (1993), includes damage for pain and suffering.
• Town OF Lake Park & McCreary Corp. v. Matthews Karl
  642 So. 2d 823· Fla. 1st DCA· 1994-09-22 ·cited 6×
  The town of Lake Park and McCreary Corporation appealed a workers' compensation award finding the claimant permanently and totally disabled with retroactive benefits and penalties for delinquent payment. The court affirmed, holding that the 1979 legislative amendments to Florida'
• Vill. OF KEY Biscayne v. Dade Cnty. & Marine Exhibition Corp.
  627 So. 2d 1180· Fla. 3d DCA· 1993-11-09 ·cited 6×
  The Village of Key Biscayne challenged Dade County's approval of Marine Exhibition Corporation's project to develop commercial amusement facilities on Virginia Key property zoned for Parks and Recreation. The court reversed the lower court's judgment, holding that the project did
• Gen. Motors Corp. v. NEU
  617 So. 2d 406· Fla. 4th DCA· 1993-04-21 ·cited 6×
  General Motors sought mandamus relief to compel a trial de novo in circuit court following an arbitration decision under Florida's Lemon Law. The court held that section 681.1095(13) of the Florida Statutes unambiguously requires trial de novo review in circuit court when either
• United States v. Edge
  989 F.2d 871· 6th Cir.· 1993-03-24 ·cited 6×
  The court held that for federal sentencing purposes, a marijuana cutting is considered a "plant" only if there is readily observable evidence of root formation, and not merely callus tissue.
• United States v. Shriver
  989 F.2d 898· 7th Cir.· 1992-11-23 ·cited 6×
  The court held that the district court erred in dismissing counts under 18 U.S.C. §§ 2511 and 2512, as the applicability of these statutes to modified descramblers presents factual questions for a jury.
• Eljer Mfg. v. Liberty Mut. Ins. Co.
  972 F.2d 805· 7th Cir.· 1992-08-14 ·cited 6×
  The majority holds that 'physical injury to tangible property' occurs when a defective product is incorporated into a larger structure, rather than when it malfunctions.
• UNR Indus., Inc. v. The United States
  962 F.2d 1013· Fed. Cir.· 1992-04-23 ·cited 6×
  The court held that 28 U.S.C. § 1500 bars the Claims Court from exercising jurisdiction if the same claim is pending in another court at the time the Claims Court action is filed, regardless of subsequent events or when a motion to dismiss is considered.
• Williams v. Bridgestone/Firestone, Inc.
  954 F.2d 1070· 5th Cir.· 1992-03-02 ·cited 6×
  The dissenting judge believes the phrase '5 or more years of service' is unambiguous and that the majority's interpretation, which allows for ambiguity and potential estoppel, is contrary to precedent.
• King v. Leslie Pearlstein, M.D.
  592 So. 2d 1176· Fla. 2d DCA· 1992-01-15 ·cited 6×
  Filing a petition to extend the medical malpractice statute of limitations in the clerk's office of a county where the subsequent action will be filed, even if that county proves to be an improper venue, is sufficient to extend the statute of limitations.
• Zarranz v. Coral Gables Hosp., Inc.
  591 So. 2d 323· Fla. 3d DCA· 1991-12-31 ·cited 6×
  Dr. Zarranz appealed a summary judgment entered in favor of Coral Gables Hospital in a breach of contract action. The court reversed, holding that the disputed meaning of "Net Revenue from Professional Services" in the parties' contract presented a genuine issue of material fact
• United States v. van Winrow
  951 F.2d 1069· 9th Cir.· 1991-12-16 ·cited 6×
  The court held that the mandatory life sentence without parole for possession of cocaine with intent to distribute, based on prior felony drug convictions, does not violate the Eighth Amendment, due process, or statutory intent.
• In re Middleton Arms v. Middleton Arms, L.P.
  934 F.2d 723· 6th Cir.· 1991-06-06 ·cited 6×
  A bankruptcy court's equitable powers under section 105(a) cannot be used to circumvent unambiguous statutory language in section 327(a) prohibiting the employment of non-disinterested persons. Furthermore, the exception in section 1107(b) does not apply if a professional person
• Escobar v. U.S. Immigr. & Naturalization Serv.
  935 F.2d 650· 4th Cir.· 1991-06-04 ·cited 6×
  The Equal Access to Justice Act (EAJA) does not authorize attorney's fees for prevailing parties in deportation proceedings because such proceedings are not 'adversary adjudications' conducted 'under' Section 554 of the Administrative Procedure Act.
• In re Cont'l Airlines, Inc.
  932 F.2d 282· 3d Cir.· 1991-05-09 ·cited 6×
  The court concurred in the judgment, finding that the statute's ambiguity and legislative history did not support the appellant's narrow interpretation.
• City OF Delray Beach & Lt. James Wilson v. Barfield
  579 So. 2d 315· Fla. 4th DCA· 1991-05-08 ·cited 6×
  The City of Delray Beach appealed a mandamus decision requiring it to disclose public records from an internal investigation into a police shooting. The appellate court affirmed, holding that Florida's statutory exemption for law enforcement complaints applies only when a formal
• Cent. States Motor Freight Bureau, Inc. v. Interstate Commerce Comm'n & United States
  924 F.2d 1099· D.C. Cir.· 1991-02-01 ·cited 6×
  The court held that the Interstate Commerce Commission exceeded its statutory authority by deregulating independent motor carrier services that are part of an intermodal movement when there is no affiliation between the motor carrier and the railroad.
• In re Chateaugay Corp. v. LTV Steel Co., Inc.
  920 F.2d 183· 2d Cir.· 1990-12-10 ·cited 6×
  The court held that the plain language of Bankruptcy Code § 362(h) limits its application to natural persons ('individuals') and does not permit recovery of damages by corporate debtors.
• Conway Beverley Carter Brown v. Sec'y, Dep't OF Health & Human Servs.
  920 F.2d 918· Fed. Cir.· 1990-11-30 ·cited 6×
  The court held that the 1989 amendment to the National Vaccine Injury Compensation Program applies to pending petitions, and the $30,000 cap on certain compensation elements is an aggregate limit. The court also remanded for clarification on future medical expense awards.
• Nat'l Union Fire Ins. Co. OF Pittsburgh v. Circle, Inc.
  915 F.2d 986· 5th Cir.· 1990-10-26 ·cited 6×
  The court held that the Smith Release Agreement, by its clear and explicit language, released National Union's right to use the Smith loss experience in calculating premiums, and that the Assureds were not entitled to reimbursement for legal fees in the Nguyen case due to lack of
• Lieutenant Colonel Albertis Wilson v. The United States
  917 F.2d 529· Fed. Cir.· 1990-10-19 ·cited 6×
  The court's disposition of the case is erroneous due to violations of stare decisis and misinterpretation of statutory language.
• Commissioner OF Internal Revenue v. Miller
  914 F.2d 586· 4th Cir.· 1990-09-21 ·cited 6×
  Punitive damages received as settlement for a defamation action are not excludable from gross income under 26 U.S.C. § 104(a)(2) because they do not serve to compensate the taxpayer for personal injury.
• United States v. The S. Half OF LOT 7 & LOT 8
  910 F.2d 488· 8th Cir.· 1990-08-03 ·cited 6×
  The court held that the phrase 'any property' in 18 U.S.C. § 1955(d) plainly includes real property, allowing for its forfeiture in illegal gambling operations.
• United States v. Maravilla
  907 F.2d 216· 1st Cir.· 1990-06-28 ·cited 6×
• Norton v. ST. Paul Fire & Marine Ins. Co.
  902 F.2d 1355· 8th Cir.· 1990-05-11 ·cited 6×
  The court held that the insurance policy's exclusion for use as a 'permanent residence' was not ambiguous when read in the context of the entire policy, particularly the definitions of 'recreational vehicle' and its classes.
• Thompson v. Davor G. Gjivoje
  896 F.2d 716· 2d Cir.· 1990-02-20 ·cited 6×
  The court affirmed summary judgment on the commissions claim, finding no contractual basis for payment, but reversed summary judgment on the profit-sharing claim, finding a genuine issue of material fact regarding the MasterCard project's assignment.
• State v. Davis
  556 So. 2d 1104· Fla.· 1990-02-15 ·cited 6×
  The Florida Supreme Court upheld the Marine Fisheries Commission's authority to require turtle excluder devices (TEDs) in shrimp nets to protect endangered sea turtles. The Court rejected the argument that statutory language prohibiting Commission action on endangered species bar
• Verna v. Coler
  893 F.2d 1238· 11th Cir.· 1990-02-06 ·cited 6×
  The court held that the Federal Food Stamp voluntary quit and head of household regulations are valid as a permissible construction of the Act.
• Mobil OIL Exploration & Producing Se., Inc. v. Fed. Energy Regulatory Comm'n
  885 F.2d 209· 5th Cir.· 1989-09-15 ·cited 6×
  The court held that the Federal Energy Regulatory Commission (FERC) acted within its statutory authority in issuing Order No. 451, which allowed for renegotiation of prices for "old gas" and included provisions for producer abandonment and mandatory transportation.
• Harvinder Singh Purba v. Immigr. & Naturalization Serv.
  884 F.2d 516· 9th Cir.· 1989-09-07 ·cited 6×
  The court held that the term "before" in section 242(b) of the Immigration and Nationality Act requires the physical presence of the immigration judge and the alien during a deportation hearing.
• Demarest v. Manspeaker
  884 F.2d 1343· 10th Cir.· 1989-09-05 ·cited 6×
  Incarcerated individuals are not entitled to witness fees under 28 U.S.C. § 1821 when testifying in federal court or before a grand jury.
• Harness v. Hartz Mountain Corp.
  877 F.2d 1307· 6th Cir.· 1989-06-27 ·cited 6×
  The court held that Kentucky's statutory counterpart to the Pregnancy Discrimination Act permits preferential treatment for pregnant employees, and thus Hartz's policy did not discriminate against male employees.
• Farley v. Metro-North Commuter Railroad
  865 F.2d 33· 2d Cir.· 1989-01-03 ·cited 6×
  A railroad's exemption from the Interstate Commerce Act (ICA) does not remove it from the scope of the Fair Labor Standards Act (FLSA) if the exemption is revocable or if the exemption was not intended to subject deregulated railroads to other statutory provisions.
• Healea v. Otis R. Bowen, M.D.
  859 F.2d 43· 7th Cir.· 1988-10-05 ·cited 6×
  The court held that the Secretary's regulation allowing withheld Title II benefits to be counted as income for SSI purposes is not unreasonable, provided it does not reduce the recipient's monthly income by more than ten percent.
• Commodity Futures Trading Comm'n v. P.I.E.
  853 F.2d 721· 9th Cir.· 1988-08-03 ·cited 6×
  The court held that the defendants' fraudulent transactions were not made on or subject to the rules of a contract market, thus falling outside the scope of 7 U.S.C. § 6b.
• United States v. Lund
  853 F.2d 242· 4th Cir.· 1988-08-01 ·cited 6×
  The court held that the federal conflict-of-interest statute, 18 U.S.C. § 208(a), applies to intra-agency personnel decisions where an employee has a financial interest through their spouse. The statute's plain language and legislative history support this broad interpretation.
• In re Est. OF David A. Katz v. Katz
  528 So. 2d 422· Fla. 4th DCA· 1988-06-15 ·cited 6×
  The daughters of decedent David A. Katz sought to avoid charitable bequests made 26 days before his death under Florida's mortmain statute. The court held that the mortmain statute does not apply to charitable dispositions made through amendments to a revocable inter vivos trust,
• K.C. v. State
  524 So. 2d 658· Fla.· 1988-05-05 ·cited 6×
  The Florida Supreme Court held that section 812.015(6), which prohibits resisting a merchant's efforts to recover merchandise, requires that the defendant first be convicted of the underlying theft before the state can charge the resist-a-merchant offense. The court reversed K.C.
• United States v. Bertram L. Potemken
  841 F.2d 97· 4th Cir.· 1988-03-08 ·cited 6×
  The court held that the special federal estate tax lien has an absolute ten-year duration and is not tolled by filing a foreclosure action, but the government's complaint was sufficient to give notice of a claim to foreclose on general tax liens.
• Blue Water Corp. v. Hechavarria
  516 So. 2d 17· Fla. 3d DCA· 1987-11-10 ·cited 6×
  A statutory way of necessity under section 704.01(2), Florida Statutes, does not apply to land within a municipality used for commercial purposes.
• Regular Common Carrier Conference v. United States & Interstate Commerce Comm'n
  820 F.2d 1323· D.C. Cir.· 1987-06-23 ·cited 6×
  The court held that the Interstate Commerce Commission (ICC) applied the wrong statutory criteria by using the less stringent exemption provisions of 49 U.S.C. § 11343(e) for rail-motor acquisitions, rather than the more specific and stringent requirements of 49 U.S.C. § 10505(g)
• Palm Beach Cnty. Bd. of Cnty. Comm'rs v. Roberson
  500 So. 2d 180· Fla. 1st DCA· 1986-08-27 ·cited 6×
  The Palm Beach County Board of County Commissioners appealed a deputy commissioner's order awarding temporary total disability (TTD) benefits to an injured worker based on a change in condition, arguing the claim was barred by a two-year statute of limitations. The First District
• S. Pac. Pipe Lines, Inc. v. U.S. Dep't OF Transp.
  796 F.2d 539· D.C. Cir.· 1986-08-01 ·cited 6×
  The Secretary's regulations defining interstate and intrastate pipelines under the Hazardous Liquid Pipeline Safety Act are a reasonable interpretation of the statute and are therefore upheld.
• Horn & Hardart Co. v. Nat'l R.R. Passenger Corp.
  793 F.2d 356· D.C. Cir.· 1986-06-17 ·cited 6×
  The court held that the contract's language regarding termination was ambiguous and summary judgment was inappropriate.
• Transbrasil S.A. Linhas Aereas v. Dep't OF Transp. & Fed. Aviation Admin.
  791 F.2d 202· D.C. Cir.· 1986-06-03 ·cited 6×
  The court held that the FAA's interpretation of "frequency of operations" as the absolute number of flights during the prior twelve months was unreasonable and contrary to the statutory language and legislative history of the Hawkins-Chiles Amendment.
• Robertson v. Mobil OIL Corp.
  778 F.2d 1005· 3d Cir.· 1985-12-13 ·cited 6×
  The court held that numerous bona fide customer complaints regarding price deception, combined with the franchisee's failure to remedy the situation, constituted sufficient grounds for the franchisor to refuse to renew the franchise under the PMPA.
• Webb v. Voirol
  773 F.2d 208· 8th Cir.· 1985-09-12 ·cited 6×
  The court held that a beneficiary convicted of murdering the insured is disqualified from receiving policy proceeds, and that the policy's plain language dictated payment to the estate when the primary beneficiary was disqualified and the secondary beneficiary's right was not tri
• Home Fed. Sav. & Loan Ass'n of Palm Beach v. Illustrated Props. Realty
  465 So. 2d 1244· Fla. 4th DCA· 1984-11-14 ·cited 6×
  This case concerns whether a real estate broker is entitled to a commission when a sale transaction fails to close, despite producing a ready, willing, and able buyer. The appellate court reversed a lower court judgment, finding the commission was explicitly made payable only upo
• Pfizer Inc. v. Heckler
  735 F.2d 1502· D.C. Cir.· 1984-06-01 ·cited 6×
  The court held that the Maximum Allowable Cost (MAC) regulation applies to patented drugs when they are available from multiple sources due to licensing, as the regulation's plain language and purpose focus on market availability, not patent status.
• Bowman v. Stumbo
  735 F.2d 192· 6th Cir.· 1984-05-25 ·cited 6×
  The court held that the plain language of 26 U.S.C. § 3304(a)(15)(A)(i) requires unemployment benefits to be offset by Social Security or Railroad Retirement benefits, even if those benefits derive from work with an employer other than the base period employer.