Plain Meaning Rule

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

• Cont'l Heritage Ins. Co. & A-1 Magic Bonding, Inc. v. State
  981 So. 2d 583· Fla. 1st DCA· 2008-05-12 ·cited 5×
  The court held that a notice of hearing for a bail bond forfeiture is not legally defective for failing to explicitly state the nature of the hearing, the requirement of the defendant's presence, or the consequences of non-appearance.
• Progressive Express Ins. Co., Inc. v. Menendez
  979 So. 2d 324· Fla. 3d DCA· 2008-03-19 ·cited 5×
  Progressive Express Insurance Co. appeals from a summary judgment granted to Menendez in a dispute over personal injury protection (PIP) benefits. The court reverses, holding that the presuit demand letter requirement of Florida Statute § 627.736(11) applied to the plaintiffs' cl
• CSX Transp., Inc. v. Prof'l Transp., Inc.
  467 F. Supp. 2d 1333· M.D. Fla.· 2006-11-13 ·cited 5×
  The court held that the provision requiring parties to negotiate in good faith concerning contract modification was an unenforceable agreement to agree because essential terms were left open, and thus, CSX was entitled to summary judgment.
• Sherrod v. The Palm Beach Cnty. Sch. Bd.
  963 So. 2d 251· Fla. 4th DCA· 2006-11-08 ·cited 5×
  A Florida school board terminated a career contract teacher based on pedagogical performance factors without primarily relying on student performance data as required by statute. The court reversed, holding that section 1012.34(3) mandates that teacher evaluations be primarily ba
• City OF Orlando & Tampa Elec. Co. v. Msd-Mattie, L.L.C.
  895 So. 2d 1127· Fla. 5th DCA· 2005-02-04 ·cited 5×
  This case of first impression in Florida addresses whether an easement granted for overhead electric transmission lines permits the owner to lease excess fiber optic cable capacity for general telecommunications purposes. The court held that the easement is unambiguous and limits
• GEM Ests. Mobile Home Vill. Ass'n, Inc. v. Bluhm
  885 So. 2d 435· Fla. 2d DCA· 2004-10-20 ·cited 5×
  The Association sought to enjoin a mobile home owner's construction of an attached screen porch that violated a recorded 50-foot setback requirement. The trial court denied relief by interpreting the porch as a separate structure not subject to the setback requirement, but the ap
• Brooks v. State
  837 So. 2d 1125· Fla. 4th DCA· 2003-02-19 ·cited 5×
  James Brooks appealed his sentence as a habitual violent felony offender (HVFO), arguing that carjacking—the predicate offense used to enhance his sentence—is not an enumerated offense under Florida's sentencing statute. The court agreed and reversed, holding that carjacking does
• In the Interest of W.C. v. State
  797 So. 2d 1273· Fla. 1st DCA· 2001-10-30 ·cited 5×
  M.C. appealed the termination of his parental rights after he failed to personally appear at an advisory hearing, instead sending his attorney. The First District Court of Appeal affirmed the trial court's order, holding that the plain language of the amended statute requires a p
• LEE v. State of Fla. & Palm Beach Cnty.
  785 So. 2d 603· Fla. 4th DCA· 2001-04-25 ·cited 5×
  The trial court lacked statutory authority under section 938.29, Florida Statutes (1997), to assess costs and impose a lien against a defendant represented by private counsel.
• LEE v. State
  766 So. 2d 374· Fla. 1st DCA· 2000-08-01 ·cited 5×
  The court held that the statutory conditions for sexual battery offenses cannot be imposed on a defendant convicted of attempted sexual battery.
• Hechtman v. Nations Title Ins. OF NEW York, Inc.
  767 So. 2d 505· Fla. 3d DCA· 2000-06-07 ·cited 5×
  The Hechtmans appealed summary judgment in favor of title insurers Nations Title and Commonwealth, claiming the insurers should be liable under Florida Statutes § 627.792 for funds misappropriated by attorney Jorge Hernandez. The court affirmed, holding that § 627.792 liability a
• Pioneer Life Ins. Co. v. Belva Heidenfeldt
  773 So. 2d 75· Fla. 2d DCA· 2000-01-19 ·cited 5×
  Pioneer Life Insurance appeals a judgment requiring it to pay insurance benefits despite missing the 45-day notice requirement under Florida law. The court reverses, holding that an insurer's failure to comply with statutory notice deadlines does not bar it from denying claims fo
• Campus Crusade FOR Christ v. Unemployment Appeals Comm'n
  702 So. 2d 572· Fla. 5th DCA· 1997-11-21 ·cited 5×
  Campus Crusade for Christ appealed an unemployment compensation decision denying it a church exemption under Florida law. The court affirmed that Campus Crusade, though a religious organization, is not a "church" within the statutory exemption because it lacks ordained ministers,
• Bogue v. The Honorable John E. Fennelly
  705 So. 2d 575· Fla. 4th DCA· 1997-05-28 ·cited 5×
  Bogue seeks a writ of prohibition after pleading guilty to Florida cocaine trafficking charges in 1981 and failing to appear for sentencing. The court holds that the Interstate Agreement on Detainers does not apply to sentencing detainers when a defendant has already pled guilty
• Misala, Inc. v. Eagles
  662 So. 2d 1389· Fla. 4th DCA· 1995-11-29 ·cited 5×
  The court held that when contract terms are unambiguous, the parties' intent must be determined solely from the four corners of the document.
• Resolution Tr. Corp. v. Fragetti
  49 F.3d 715· 11th Cir.· 1995-04-11 ·cited 5×
  The Resolution Trust Corporation appealed district court orders remanding six mortgage foreclosure cases to state court on the ground that removal was untimely. The court held that under the 1991 amendment to the Financial Institutions Reform, Recovery, and Enforcement Act, the R
• Heck v. Parkview Place Homeowners Ass'n, Inc.
  642 So. 2d 1201· Fla. 4th DCA· 1994-10-05 ·cited 5×
  Homeowners erected a trellis in front of their window without approval from their homeowners association. The trial court found the trellis violated the Declaration's prohibition on awnings and shutters, but the appellate court reversed, holding that a trellis is neither an awnin
• Curtis-Hale, Inc. v. Geltz
  610 So. 2d 558· Fla. 1st DCA· 1992-12-04 ·cited 5×
  Curtis-Hale and its self-insured fund appealed a workers' compensation decision finding that their subcontractor Geltz had no WC coverage with Aetna at the time of a workplace injury, making Curtis-Hale liable as the statutory employer. The court affirmed, holding that although A
• O'Connor v. United States Dep't OF Energy
  942 F.2d 771· 10th Cir.· 1991-08-20 ·cited 5×
  A bankruptcy court is a "court" under the Equal Access to Justice Act (EAJA), and thus has jurisdiction to award costs and attorney fees against the United States.
• City OF Hartford v. Chase
  942 F.2d 130· 2d Cir.· 1991-08-14 ·cited 5×
  The court held that a party seeking to modify a confidentiality order must demonstrate "extraordinary circumstances" or a "compelling need."
• United States v. Tremble
  933 F.2d 925· 11th Cir.· 1991-06-17 ·cited 5×
  The sentence enhancement provisions at 21 U.S.C. §§ 960(b)(2) & 962(b) apply to a defendant whose prior state conviction is for an offense considered a felony by the state, even if it would have been a misdemeanor under federal law.
• Rey v. Guy Gannett Publ'g Co.
  766 F. Supp. 1142· S.D. Fla.· 1991-06-06 ·cited 5×
  The court held that the plaintiffs failed to demonstrate a substantial likelihood of success on the merits or irreparable harm, thus denying their motion for a preliminary injunction.
• Liberty Mar. Corp. v. United States
  928 F.2d 413· D.C. Cir.· 1991-03-08 ·cited 5×
  The court's discussion of legislative history was unnecessary because the statutory language was clear and unambiguous.
• Richards Med. Co. v. The United States
  910 F.2d 828· Fed. Cir.· 1990-08-03 ·cited 5×
  Instruments used to implant hip prostheses are not 'therapeutic' under the Act and are therefore eligible for duty-free entry under item 960.15 of the Tariff Schedules of the United States.
• Brate v. Chulavista Mobile Home Park Owners Ass'n, Inc.
  559 So. 2d 1190· Fla. 2d DCA· 1990-02-28 ·cited 5×
  This case involves a dispute over the sale of a mobile home park. The appellate court reversed a lower court's decision that voided the sale, finding that the sellers did not "offer" the park for sale to the general public as required by the Mobile Home Sales Act, and thus the ho
• ICG Petroleum, Inc. v. United States Dep't OF Energy & John S. Herrington
  883 F.2d 80· Temp. Emer. Ct. App.· 1989-06-30 ·cited 5×
  The court held that the Petroleum Overcharge Distribution and Restitution Act of 1986 (PODRA) imposed a mandatory time limit for seeking judicial review of certain agency actions, and appellants' failure to file within that period barred their claim.
• Photography v. Brown
  852 F.2d 114· 4th Cir.· 1988-07-20 ·cited 5×
  The court held that the Copyright Act, through its language and specific exemptions, unequivocally demonstrates Congress's intent to abrogate state sovereign immunity under the Eleventh Amendment.
• Ronald and Linda Tambe v. Bowen
  839 F.2d 108· 2d Cir.· 1988-02-12 ·cited 5×
  Federal and state regulations limiting the correction of AFDC underpayments to current recipients conflict with the plain language of the Omnibus Budget and Reconciliation Act (OBRA) and must yield to the federal statute.
• AIR Prods. & Chems., Inc. v. The La. Land & Exploration Co.
  806 F.2d 1524· 11th Cir.· 1986-12-31 ·cited 5×
  The court held that the contract permitted retroactive application of a substitute fuel index from the period the original index ceased publication, and that payment for a disputed period did not constitute an accord and satisfaction due to lack of consideration.
• Gonzalez v. S. Pac. Transp. Co.
  755 F.2d 1179· 5th Cir.· 1985-03-28 ·cited 5×
  An employee discharged for filing an accident report, even if false, is protected by the Federal Employers' Liability Act (FELA) § 60 if they believed it to be true and did not intend to deceive; otherwise, they are not protected.
• Westinghouse Elec. Supply Co. v. Fid. & Deposit Co. OF Md. & Andrichyn & Schnabel, Inc.
  560 F.2d 1109· 3d Cir.· 1977-06-06 ·cited 5×
  The majority affirmed the award of one setoff but reversed another, interpreting a subcontract to incorporate general contract provisions not explicitly referenced.
• Comeau v. Safeco Ins. Co. OF Am.
  342 So. 2d 1085· Fla. 1st DCA· 1977-03-03 ·cited 5×
  This case interprets Florida's Automobile Reparations Act regarding the interaction between personal injury protection (PIP) insurance benefits and workers' compensation payments. The court resolved a dispute about whether an insurer must supplement workers' compensation benefits
• Globe Seaways, Inc. v. Panama Canal Co.
  509 F.2d 969· 5th Cir.· 1975-03-17 ·cited 5×
  The court held that 2 Canal Zone Code § 291 imposes strict liability on the Panama Canal Company for damages occurring during passage through the locks, regardless of negligence.
• Hawryluk v. Hawryluk
  Fla. 5th DCA· 2026-02-27 ·cited 4×
  The Fifth District Court of Appeal holds that when determining which version of Florida's alimony statute applies, the critical question is whether the initial petition for dissolution of marriage remained 'pending' on July 1, 2023 (the effective date of amended section 61.08), n
• United States v. Doe
  137 F.4th 1277· 11th Cir.· 2025-05-21 ·cited 4×
  The Eleventh Circuit held that 8 U.S.C. § 1253(a)(1) does not require the government to prove a defendant was lawfully admitted to the United States. The court found the statutory text unambiguous on this point.
• Liberty Surplus Ins. Corp. v. Kaufman Lynn Constr., Inc.
  130 F.4th 903· 11th Cir.· 2025-03-05 ·cited 4×
  The Eleventh Circuit held that Kaufman had standing to seek reformation of its insurance policy and that the Course of Construction Exclusion barred coverage for water damage because the entire project was not completed.
• Ins. Mktg. Coal. Ltd. v. FCC
  127 F.4th 303· 11th Cir.· 2025-01-24 ·cited 4×
  The FCC exceeded its statutory authority under the TCPA by promulgating new restrictions on 'prior express consent' that impermissibly conflict with the ordinary statutory meaning of the phrase.
• Viviana Santana v. Miller
  314 So. 3d 346· Fla. 3d DCA· 2020-10-21 ·cited 4×
  The appellate court affirmed a summary judgment for the employer, ruling that the employee was bound by a general release she signed upon termination. The court found the release was clear and unambiguous, and the employee's arguments against its validity were unpersuasive under
• Katz v. Riemer
  305 So. 3d 663· Fla. 3d DCA· 2020-05-06 ·cited 4×
  The appellate court dismissed a petition for certiorari review of a trial court's order denying a motion to compel financial disclosures. The court found that the requested discovery was not relevant to the claims or defenses framed by the pleadings and therefore did not cause ir
• Bearden v. E.I. Du Pont De Nemours & Co.
  945 F.3d 1333· 11th Cir.· 2019-12-30 ·cited 4×
  The court held that 'retirement' in the stock option award terms requires meeting both age and years-of-service criteria as defined in the applicable pension plan, not just the ordinary meaning of the term.
• Petri Positive Pest Control, Inc. v. CCM Condo. Ass'n, Inc.
  271 So. 3d 1001· Fla. 4th DCA· 2019-05-01 ·cited 4×
  Post-offer prejudgment interest must be excluded from the "judgment obtained" when calculating whether a plaintiff has met the 25% threshold under section 768.79, Florida Statutes, to trigger an award of attorney's fees. The court reversed the attorney's fees award because withou
• Commercial v. L. M. C. C. Speciality Contractors, Inc.
  268 So. 3d 215· Fla. 2d DCA· 2019-04-10 ·cited 4×
  Austin Commercial appeals a trial court's denial of its motion to compel arbitration of a dispute with its subcontractor Mims Construction Company. The court holds that Austin and Mims executed a valid written agreement containing an arbitration clause that applies to their dispu
• United States v. Munksgard
  913 F.3d 1327· 11th Cir.· 2019-01-30 ·cited 4×
  The court held that the government presented sufficient circumstantial evidence for a reasonable jury to find the bank was FDIC-insured at the time of the offense.
• State v. Kwitowski
  250 So. 3d 210· Fla. 2d DCA· 2018-06-20 ·cited 4×
  The term "capital felony" in the second-degree perjury statute, section 837.02(2), unambiguously refers to any felony the legislature has classified as a capital felony by statute, without regard to whether the death penalty may constitutionally be imposed for that offense. Capit
• Solomon v. Sofia Vasquez Solomon
  251 So. 3d 244· Fla. 3d DCA· 2018-06-20 ·cited 4×
  David Solomon appealed a final judgment of dissolution of marriage that restricted his time-sharing with his minor children to supervised visitation. The Florida Third District Court of Appeal reversed and remanded, holding that the trial court failed to specify the steps the hus
• Ferk Fam., Lp v. Frank
  240 So. 3d 826· Fla. 3d DCA· 2018-02-28 ·cited 4×
  First, the transfer provisions of Med-Rite's operating agreement restrict only transfers of interests in Med-Rite itself, not transfers of interests in Mas-Rite (a member entity), so Melendez's transfer of his majority interest in Mas-Rite to Ferk Family did not violate the agree
• Wyche v. State
  232 So. 3d 1117· Fla. 1st DCA· 2017-11-06 ·cited 4×
  Virginia Wyche was convicted of second-degree murder of an unborn quick child (fetus) after shooting the pregnant mother at 25-26 weeks gestation. The appellate court upheld the conviction, holding that Florida's 2013 feticide statute abrogated the common law born alive rule and
• Kelly v. Georgia-Pacific, LLC
  211 So. 3d 340· Fla. 4th DCA· 2017-02-22 ·cited 4×
  The Florida Fourth District Court of Appeal held that the Florida Wrongful Death Act does not explicitly abrogate the common law requirement that a spouse must have been married to the decedent before the date of injury to recover loss of consortium damages. The court affirmed th
• Daake v. Decks N Such Marine, Inc.
  201 So. 3d 179· Fla. 1st DCA· 2016-08-29 ·cited 4×
  A contractor sued homeowners for breach of contract regarding construction of seawalls. The trial court found a valid contract existed between the contractor and the homeowners' family trust, but denied quantum meruit relief because the contractor failed to plead a breach of cont
• Duclos-Lasnier v. State
  192 So. 3d 1234· Fla. 2d DCA· 2016-05-27 ·cited 4×
  Pierre Duclos-Lasnier was convicted of five crimes involving the online solicitation and enticement of a minor, including using a computer to seduce a child, traveling to meet the child, attempted lewd battery, and transmitting harmful images. The appellate court affirmed his con