Plain Meaning Rule

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

• In re Hulbert Eugene Stovall
  721 F.2d 1133· 7th Cir.· 1983-11-28 ·cited 6×
  Child support obligations assigned to the state under 42 U.S.C. § 602(a)(26) are not dischargeable in bankruptcy, even if the assignment covers future support obligations beyond current arrears.
• The State OF NEW York & The N.Y. State Dep't of Health v. Heckler
  719 F.2d 1191· 2d Cir.· 1983-10-07 ·cited 6×
  The court's decision on the merits is unnecessary as the case is no longer properly before it due to a prior injunction in another circuit.
• Stankis v. Env't Prot. Agency
  713 F.2d 1181· 5th Cir.· 1983-09-09 ·cited 6×
  The court held that the Merit Systems Protection Board (MSPB) must apply the "preponderance of the evidence" standard, not the "substantial evidence" standard, when reviewing denials of within-grade salary increases based on unacceptable performance.
• Wis. Real Est. Inv. Tr. v. Weinstein
  712 F.2d 1095· 7th Cir.· 1983-07-06 ·cited 6×
  The court held that Section 4.5 of the Declaration of Trust was ambiguous and that the trustees' good faith determination of its scope was conclusive, thus no repayment was owed.
• In re the Petition of Lloyd E. Ashcom v. Honorable Raymond J. Donovan
  674 F.2d 805· 9th Cir.· 1982-04-14 ·cited 6×
  The court held that the term 'directly related' in the Redwood National Park Expansion Act does not refer to geographic proximity but to the work itself being related to the expansion area.
• United States v. Dist. OF Columbia
  669 F.2d 738· D.C. Cir.· 1981-11-17 ·cited 6×
  The court held that the District of Columbia sales tax was improperly levied on hotel accommodations furnished directly to the government, as the transaction constituted a sale to the United States exempt from taxation.
• Jensen v. The Adm'r OF the Fed. Aviation Admin. & the Nat'l Transp. Safety Bd.
  641 F.2d 797· 9th Cir.· 1981-04-09 ·cited 6×
  The court held that the denial of a medical certificate for prior alcohol abuse does not violate 42 U.S.C. § 4561(c)(1) because public safety and medical uncertainty are primary reasons for disqualification, and the position of pilot is a 'sensitive' position exempt under § 4561(
• Grand Labs., Inc. v. Harris
  644 F.2d 729· 8th Cir.· 1981-03-25 ·cited 6×
  The dissenting judge argues that animal biologies, fitting the statutory definition of 'drug,' should be regulated under the Food, Drug, and Cosmetic Act, even if the resulting regulatory scheme is not perfectly symmetrical.
• Fields v. Zinman
  394 So. 2d 1133· Fla. 4th DCA· 1981-03-11 ·cited 6×
  The Fourth District Court of Appeal held that filing fees in civil appeals may be waived for indigent litigants upon a proper finding of indigency, interpreting Florida Statutes § 57.081 to apply to appellate proceedings despite statutory ambiguity and conflicting precedent. The
• Democratic Senatorial Campaign Comm. v. Fed. Election Comm'n
  660 F.2d 773· D.C. Cir.· 1980-10-09 ·cited 6×
  The court held that agency agreements allowing the National Republican Senatorial Committee (NRSC) to spend funds on behalf of state party committees violate the plain language of the Federal Election Campaign Act (FECA).
• Medler v. United States
  616 F.2d 450· 9th Cir.· 1980-04-04 ·cited 6×
  The court held that the Government Employees—Prevailing Rate Systems Act does not apply to employees whose wages are determined by collective bargaining agreements in effect at the time of the Act's enactment, and this exclusion does not violate the Fifth Amendment.
• Kenai Peninsula Borough v. State OF Alaska
  612 F.2d 1210· 9th Cir.· 1980-02-05 ·cited 6×
  The Court held that the 1964 addition of 'minerals' to the Wildlife Refuge Revenue Sharing Act applies only to acquired refuge lands, not reserved refuge lands, to avoid an implied repeal of the Mineral Leasing Act.
• Fla. Legal Servs., Inc. v. State
  381 So. 2d 1120· Fla. 1st DCA· 1979-11-15 ·cited 6×
  Florida Legal Services, Inc. challenged an administrative rule by the Department of Labor and Employment Security that excluded most tips and gratuities from the definition of 'wages' for unemployment compensation purposes. The court held that the plain language of the statute de
• Laborers' Int'l Union OF N. Am., AFL-CIO v. Nat'l Labor Relations Bd.
  567 F.2d 1006· D.C. Cir.· 1977-11-23 ·cited 6×
  The court held that Section 8(g) of the National Labor Relations Act, requiring notice before striking or picketing a healthcare institution, applies only to labor organizations representing employees of the healthcare institution, not to non-healthcare employees picketing on the
• In re Advisory Opinion OF the Governor Request OF November 19
  343 So. 2d 17· Fla.· 1977-02-15 ·cited 6×
  The Florida Supreme Court answered the Governor's request for an advisory opinion on when to convene the Constitution Revision Commission established by Article XI, Section 2 of the 1968 Florida Constitution. The Court resolved conflicting constitutional language by determining t
• W. Va. Div. OF the Izaak Walton League OF Am., Inc. v. Butz
  522 F.2d 945· 4th Cir.· 1975-08-21 ·cited 6×
  The court held that the Organic Act of 1897 requires individual marking of trees to be cut, and that only dead, physiologically mature, or large growth trees may be sold, consistent with preserving younger growth.
• State of Fla. & Dep't of Hwy. Safety & Motor Vehicles (Motor Vehicle Division) v. British Leyland Motors, Inc.
  290 So. 2d 576· Fla. 1st DCA· 1974-01-10 ·cited 6×
  Ship & Shore, a motor vehicle distributor licensed to distribute British Leyland vehicles in six southeastern states, sought to enjoin Leyland from refusing to renew their distributor agreement without complying with Florida Statute 320.641, which requires 90 days' notice before
• Vogel v. Tenneco Oil Co.
  465 F.2d 563· D.C. Cir.· 1972-05-10 ·cited 6×
  The court held that Tenneco did not breach the lease agreement by unitizing a tract larger than contractually specified, as the lease contained an exception for governmental permits.
• City OF Miami v. Herndon
  209 So. 2d 487· Fla. 3d DCA· 1968-04-23 ·cited 6×
  The City of Miami cannot reduce a retiree's allowance by the amount of workers' compensation benefits previously paid for an injury sustained before retirement.
• Antone Teixeira v. Globe Indem. Co.
  349 F.2d 502· 9th Cir.· 1965-08-06 ·cited 6×
  The court held that the plain, ordinary meaning of 'owned automobile' in an insurance policy, not a statutory definition focused on lawful use, determines ownership for coverage purposes. It also held that an automobile regularly used by the insured's family, even if not owned, i
• Desjardins v. Desjardins
  308 F.2d 111· 6th Cir.· 1962-09-26 ·cited 6×
  The dissenting judge holds that the husband's contractual obligation to pay monthly support to his wife did not terminate upon his death, as the contract clearly stated payments were to continue as long as the wife lived or until she remarried.
• State of Fla. ex rel. James P. Randall v. Miami Coin Club, Inc.
  88 So. 2d 293· Fla.· 1956-06-13 ·cited 6×
  A Florida member of a social club sought mandamus to be reinstated after expulsion without a hearing. The court affirmed the club's expulsion, finding that a statute allowing denial of a hearing to absent members applied because the member was in Broward County rather than Dade C
• Bowers v. United States
  226 F.2d 424· 5th Cir.· 1955-10-26 ·cited 6×
  The court held that the Agricultural Adjustment Act provision imposing penalties for failure to account for peanut disposition operates as a substantive rule of law, not merely a rebuttable presumption of fact.
• Thomas v. Cont'l Cas. Co.
  225 F.2d 798· 10th Cir.· 1955-08-06 ·cited 6×
  The court held that the insurance policy's coverage for risks occurring 'during the one way or round trip stated in the schedule' applied only to the specific flight for which a ticket was issued, not to subsequent unrelated flights.
• Dunham & Reid, Inc. v. Porter
  157 F.2d 1022· Emer. Ct. App.· 1946-11-05 ·cited 6×
  Common carriers are exempt from price control under the Emergency Price Control Act, regardless of whether their rates are otherwise regulated.
• Beach v. United States
  144 F.2d 533· D.C. Cir.· 1944-07-24 ·cited 6×
  The court held that the Mann Act, by its plain language and legislative history, applies to transportation for prostitution within the District of Columbia.
• Sabine Transp. Co., Inc. v. Commissioner of Internal Revenue
  128 F.2d 945· 5th Cir.· 1942-06-30 ·cited 6×
  The court held that the taxpayer was entitled to a dividends paid credit for amounts used to pay or retire notes issued as dividends, as the statute unambiguously granted such credit.
• Fla. Farm Bureau Gen. Ins. Co. v. Worrell
  359 So. 3d 890· Fla. 5th DCA· 2023-04-28 ·cited 5×
  Blood left by an intruder on the Worrells' property does not constitute a "pollutant" under the policy's plain language exclusion, and the concurrent cause doctrine provides coverage for the remediation costs even if fecal matter is deemed a pollutant, since the policy lacks an a
• Shiloh Christian Ctr. v. Aspen Specialty Ins. Co.
  65 F.4th 623· 11th Cir.· 2023-04-13 ·cited 5×
  Under Florida law, the plain language of an insurance policy controls over extrinsic evidence of the parties' subjective intentions, and ambiguities are construed in favor of coverage.
• Hull v. State
  298 So. 3d 90· Fla. 2d DCA· 2022-06-10 ·cited 5×
  The court considered whether a legislative amendment enacted after a prior court ruling could be used to interpret the pre-amendment version of a statute. The court held that it could, effectively overturning its prior interpretation based on the legislature's stated intent.
• Paris v. Joseph
  329 So. 3d 775· Fla. 4th DCA· 2021-11-17 ·cited 5×
  Arlene Williams-Paris appeals probate court orders enforcing a prenuptial agreement signed on her wedding day in Massachusetts, claiming it was procured through duress, misrepresentation, and lack of disclosure. The court addresses the choice of law issue and the validity of the
• Paresky v. United States
  995 F.3d 1281· 11th Cir.· 2021-04-30 ·cited 5×
  The Eleventh Circuit held that 28 U.S.C. § 1346(a)(1) does not confer jurisdiction on district courts for standalone claims seeking only overpayment interest.
• Kirk v. State
  45 Fla. L. Weekly D2011· Fla. 5th DCA· 2020-09-17 ·cited 5×
  Tasha Kirk appeals the denial of her motion to correct sentence, arguing that Florida Statutes § 948.06(2)(f)1. required the trial court to modify or continue her probation despite her third violation. The court addresses whether a probationer must meet all listed statutory condi
• Sanabria v. Sanabria
  271 So. 3d 1101· Fla. 3d DCA· 2019-02-20 ·cited 5×
  Frank Sanabria appeals from an order granting his ex-wife's petition to relocate with their two minor children from Miami to Huntsville, Alabama. The central issue is whether the statutory presumption that relocation is in the children's best interests under Florida Statute § 61.
• City of Miami v. Airbnb
  260 So. 3d 478· Fla. 3d DCA· 2018-12-05 ·cited 5×
  The temporary injunction against the City's vacation rental ban was reversed as overbroad because Miami 21, which predated the state preemption statute's June 1, 2011 cutoff, is not preempted and permits short-term rentals as long as the property's predominant use remains permane
• Grabba-Leaf, LLC v. Dep't of Bus. & Prof'l
  257 So. 3d 1205· Fla. 1st DCA· 2018-11-06 ·cited 5×
  Grabba-Leaf, LLC challenged the Florida Department of Business and Professional Regulation's memorandum that changed its tobacco tax policy to exempt homogenized tobacco wraps but continue taxing whole leaf wraps as unadopted rules requiring formal rulemaking. The court agreed, h
• Blok Builders, LLC v. Katryniok
  245 So. 3d 779· Fla. 4th DCA· 2018-04-25 ·cited 5×
  Blok Builders appeals a summary judgment requiring it to indemnify Mastec and BellSouth in a personal injury lawsuit arising from excavation work. The court holds that Florida Statute 725.06 does not apply because the project involved utility lines rather than construction of a b
• Burks v. State
  237 So. 3d 1060· Fla. 3d DCA· 2017-12-13 ·cited 5×
  Brandon Burks appeals the denial of his motion to correct an illegal sentence for attempted first degree murder with a firearm. The trial court sentenced him to life imprisonment as a prison releasee reoffender but failed to impose the mandatory minimum sentence required under Fl
• City OF Treasure Island v. Tahitian Treasure Island, LLC
  253 So. 3d 649· Fla. 2d DCA· 2017-10-27 ·cited 5×
  The City of Treasure Island appeals a summary judgment that permanently enjoined it from hosting or allowing any vehicular parking and driving on Treasure Island Beach, finding such activities violate Florida's prohibition on vehicular traffic on coastal beaches. The Florida Dist
• Martinez v. Hernandez
  227 So. 3d 1257· Fla. 3d DCA· 2017-09-27 ·cited 5×
  Martinez challenged whether the City of Hialeah's charter term limits for Mayor precluded incumbent Mayor Hernandez from qualifying for another term. The court affirmed that a partial term served to fill a vacancy does not count as a full "term" under the charter's two-consecutiv
• The Bank OF NEW York Mellon v. Glenville
  215 So. 3d 1284· Fla. 2d DCA· 2017-04-26 ·cited 5×
  The Bank of New York Mellon appealed a trial court's denial of its claim for surplus funds from a foreclosure sale, arguing the claim was timely filed. The Florida Second District Court of Appeal affirmed the denial, holding that the sixty-day deadline under Florida Statutes sect
• Cristina Tarantola, M.D. v. William B. Henghold, M.D, P.A.
  214 So. 3d 726· Fla. 1st DCA· 2017-03-07 ·cited 5×
  Dr. Cristina Tarantola appealed a temporary injunction enforcing a covenant not to compete in her employment contract with Dr. William Henghold. The court affirmed the injunction's core restriction on Mohs surgery services but reversed and remanded because the trial court's injun
• Gretna Racing, LLC v. Dep't OF Bus. & Prof'l Reg.
  178 So. 3d 15· Fla. 1st DCA· 2016-10-02 ·cited 5×
  Gretna Racing challenged the Department of Business and Professional Regulation's denial of a slot machine license, arguing that a 2009 amendment to Florida's slot machine statute authorized counties statewide to hold referenda approving slot machines. The court held that the sta
• Ryan and Jessica Dominguez v. Hayward Indus., Inc.
  201 So. 3d 100· Fla. 3d DCA· 2015-09-16 ·cited 5×
  The court held that a pool filter, as a component part of a swimming pool system, does not constitute an improvement to real property under the statute of repose.
• Giamberini v. Dep't OF Fin. Servs.
  162 So. 3d 1133· Fla. 4th DCA· 2015-04-22 ·cited 5×
  Andrew Giamberini, a certified firefighter since 1996, applied for certification as a fire-safety inspector in 2012 but was denied due to his 1993 no contest plea to aggravated battery. The Fourth District Court of Appeal affirmed the Department of Financial Services' denial, hol
• Allstate Fire & Cas. Ins. Co. v. Perez
  111 So. 3d 960· Fla. 2d DCA· 2013-04-24 ·cited 5×
  The court considered whether an insurance policy's sinkhole exclusion was enforceable when the insurer failed to provide a statutorily mandated bold-type warning on the face of the policy.
• Ortiz v. Misael Regalado, Sr.
  113 So. 3d 57· Fla. 2d DCA· 2013-03-01 ·cited 5×
  In this negligence case arising from a fatal auto collision, the Florida Court of Appeal affirmed that a co-owner of a vehicle cannot claim the statutory damage cap under section 324.021(9)(b)(3) when the other co-owner negligently operates their jointly-owned vehicle, but revers
• Hinely v. Fla. Motorcycle Training, Inc.
  70 So. 3d 620· Fla. 1st DCA· 2011-05-13 ·cited 5×
  Mary Hinely appeals a summary judgment dismissing her negligence suit against Florida Motorcycle Training, Inc. (FMT) based on an exculpatory clause in the motorcycle course registration agreement she signed. The court affirmed, holding that the waiver was clear and unambiguous a
• Sheriff OF Broward Cnty. v. Stanley
  50 So. 3d 640· Fla. 1st DCA· 2010-11-17 ·cited 5×
  The Sheriff of Broward County appealed a PERC decision finding it violated Florida's public employee relations statutes by declining to rehire Jeffrey Stanley based on his union activities and political support for Sheriff Lamberti's election opponent. The court reversed, holding
• The Itnor Corp. v. Markel Int'l Ins. Co., Ltd.
  981 So. 2d 661· Fla. 3d DCA· 2008-05-21 ·cited 5×
  The court held that the independent contractor and cross-liability exclusions in the insurance policy were unambiguous and applicable, barring coverage for the plaintiff's injuries.