Plain Meaning Rule

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

• Brandy's Prods., Inc. v. Dep't OF Bus. & Prof'l Reg.
  188 So. 3d 130· Fla. 1st DCA· 2016-04-06 ·cited 4×
  Brandy's Products challenged a tax assessment on cigar wraps (blunt wraps) classified as taxable tobacco products under Florida law. The court reversed the agency's determination, holding that blunt wraps do not constitute "loose tobacco" under the statutory definition because th
• Dunes OF Seagrove Owners Ass'n, Inc. v. Dunes OF Seagrove Dev., Inc.
  180 So. 3d 1209· Fla. 1st DCA· 2015-12-11 ·cited 4×
  The court held that the agreement created an easement in gross for beach services, which was properly assigned to the Developer.
• Miglino v. Universal Prop. & Cas. Ins. Co. & Harvey Ira Stein
  174 So. 3d 479· Fla. 4th DCA· 2015-08-19 ·cited 4×
  The court held that the plain meaning of 'physical abuse' in an insurance policy exclusion includes an intentional shooting, thus relieving the insurer of its duty to indemnify or defend.
• Bartow HMA, LLC v. Edwards
  175 So. 3d 820· Fla. 2d DCA· 2015-07-10 ·cited 4×
  Bartow HMA, LLC sought certiorari review of a discovery order requiring production of external peer review reports in a medical negligence case. The court held that these attorney-requested reports fall outside Amendment 7's scope because they were not made in the ordinary course
• J.R. v. Palmer
  175 So. 3d 710· Fla.· 2015-05-14 ·cited 4×
  The Florida Supreme Court addresses certified questions from the Eleventh Circuit regarding statutory protections for developmentally disabled individuals involuntarily admitted to residential services under chapter 393. The Court holds that support plan review does not require c
• Cypress Fairway Condo. v. Bergeron Constr. Co. Inc.
  164 So. 3d 706· Fla. 5th DCA· 2015-05-08 ·cited 4×
  The statute of repose commences to run from the date of completion of the contract, meaning full performance by both parties, not merely when construction is finished.
• Browning v. Poirier
  128 So. 3d 144· Fla. 5th DCA· 2013-11-08 ·cited 4×
  Howard Browning appealed a directed verdict dismissing his claims against Lynn Anne Poirier for breach of an oral lottery-sharing agreement and unjust enrichment. The Florida appellate court affirmed the directed verdict on the oral contract claim under the statute of frauds but
• Summer JAI Alai P'rs v. Dep't of Bus. & Prof'l Reg.
  125 So. 3d 304· Fla. 3d DCA· 2013-10-09 ·cited 4×
  Summer Jai Alai Partners appeals the Division of Pari-Mutuel Wagering's denial of its request to relocate a converted summer jai alai permit from Miami Jai Alai to Magic City Casino. The court affirms, holding that while section 550.0745(2) permits flexibility in location at the
• Y.M. v. Home AT Last Adoption Agency
  93 So. 3d 1112· Fla. 5th DCA· 2012-07-24 ·cited 4×
  The Florida Fifth District Court of Appeal held that when a trial court finds insufficient evidence to terminate parental rights in an adoption proceeding, it must dismiss the petition rather than proceed to adjudicate the child dependent and impose conditions on the parent. The
• Crastvell Trading Ltd. v. Michel L. Marengere
  90 So. 3d 349· Fla. 4th DCA· 2012-06-20 ·cited 4×
  Crastvell Trading Ltd. appealed the dismissal of its complaint against Marengere and Bozel entities based on forum selection clauses. The Fourth District reversed, holding that a non-party to loan agreements cannot enforce their forum selection clause when the contract explicitly
• Srygley v. Cap. Plaza, Inc.
  82 So. 3d 1211· Fla. 1st DCA· 2012-03-22 ·cited 4×
  Property owners appealed a summary judgment quieting title in favor of Capital Plaza, Inc., which obtained the property through a tax deed sale after the owners failed to pay ad valorem taxes. The court affirmed, holding that Florida law requires only one individualized notice be
• Rush v. High Springs
  82 So. 3d 1108· Fla. 1st DCA· 2012-02-23 ·cited 4×
  Rush appealed a trial court decision upholding the City of High Springs' redaction of questions and answers from a pre-employment polygraph report under Florida's Public Records Act exemption. The First District Court of Appeal affirmed, holding that section 119.071(l)(a) plainly
• Usameribank v. Klepal
  100 So. 3d 56· Fla. 2d DCA· 2011-10-12 ·cited 4×
  USAmeriBank appeals a circuit court order blocking wage garnishment of a debtor who was a head of family. The court held that a written agreement in the promissory note authorizing garnishment in accordance with Florida Statutes § 222.11 was sufficient to waive the debtor's statu
• Basile v. Aldrich
  70 So. 3d 682· Fla. 1st DCA· 2011-08-23 ·cited 4×
  The court holds that when a will fails to dispose of all property through specific bequests and lacks a residuary clause, the undisposed property passes by intestacy rather than to the named beneficiaries. Ann Aldrich's will specifically identified certain property for her sister
• Nationwide Mut. Fire Ins. Co. v. AFO Imaging, Inc.
  71 So. 3d 134· Fla. 2d DCA· 2011-07-06 ·cited 4×
  Insurance companies appealed a class action judgment requiring them to pay MRI providers based on Medicare Part B's participating physicians schedule rather than the OPPS fee schedule. The court affirmed, holding that Florida's PIP statute unambiguously references only the partic
• Baker v. Storfer
  51 So. 3d 652· Fla. 4th DCA· 2011-01-26 ·cited 4×
  A creditor sought to garnish a debtor's wages to satisfy a judgment, but the debtor's employer objected on the ground that the debtor was paid by commission rather than salary or wages. The court held that commissions constitute "wages" under Florida's garnishment statute and are
• New Process Steel v. Nat'l Labor Relations Bd.
  7th Cir.· 2010-06-17 ·cited 4×
  The Court held that a two-member quorum of a three-member delegee group loses authority when a third member vacates their position, requiring the group to maintain three members to act. The dissent argues this interpretation is contrary to the statute's plain text and intent.
• Mercury Ins. Co. OF Fla. v. Markham
  36 So. 3d 730· Fla. 1st DCA· 2010-04-20 ·cited 4×
  Mercury Insurance appealed a trial court's grant of partial summary judgment against it for wrongfully refusing to defend an insurance claim based on alleged material misrepresentation. The court reversed, finding that the insurance application question asking whether a vehicle w
• Dougherty v. State
  33 So. 3d 732· Fla. 5th DCA· 2010-03-26 ·cited 4×
  Bernard Dougherty appealed the summary denial of his motion to correct an illegal sentence, challenging whether acquiring a controlled substance by misrepresentation is a qualifying offense for habitual felony offender enhancement. The court held that offenses involving controlle
• All Fam. Clinic of Daytona Beach Inc. v. State Farm Mut. Auto. Ins.
  685 F. Supp. 2d 1297· S.D. Fla.· 2010-02-11 ·cited 4×
  The court held that Florida's No-Fault Statute unambiguously requires reimbursement for MRI services based solely on the Medicare Part B participating physicians schedule, and does not permit insurers to apply the OPPS cap.
• Flaxman v. Gov't Emps. Ins. Co.
  993 So. 2d 597· Fla. 4th DCA· 2008-10-29 ·cited 4×
  Flaxman appealed a summary judgment in favor of GEICO on his claim that the insurer failed to pay personal injury protection benefits. The court affirmed, holding that the policy's unambiguous terms limited aggregate PIP and APIP coverage to $10,000 total, which GEICO had already
• Barber v. State
  988 So. 2d 1170· Fla. 4th DCA· 2008-08-06 ·cited 4×
  Marvin Barber, convicted of sexual battery offenses in 1980 and 1990, challenges his civil commitment under Florida's Jimmy Ryce Act. The Fourth District Court of Appeal holds that "in custody" under the Act encompasses both actual and constructive custody, including conditional
• United States v. Ressam
  553 U.S. 272· U.S.· 2008-05-19 ·cited 4×
  The Court interprets 18 U.S.C. § 844(h)(2) to require only a temporal link between carrying explosives and committing a federal felony, not a relational link.
• Applica Inc. v. Newtech Elecs. Indus., Inc.
  980 So. 2d 1194· Fla. 3d DCA· 2008-04-30 ·cited 4×
  Applica Inc. appealed a contract dispute with NewTech Electronics, arguing it should receive a customs duty refund that arose three weeks after the parties executed their asset purchase agreement. The court affirmed the lower court's decision, holding that because the refund did
• State v. Tullis
  970 So. 2d 912· Fla. 5th DCA· 2007-12-28 ·cited 4×
  The Florida Fifth District Court of Appeal reversed a trial court's suppression order and held that a temporary license tag obscured by a tinted license plate cover, making the preprinted identification numbers illegible, violates the statutory requirement that temporary tags be
• Univ. OF Fla. Bd. OF Trs. v. Andrew
  961 So. 2d 375· Fla. 1st DCA· 2007-07-31 ·cited 4×
  The court held that a university maintains a substantial presence for the transaction of its customary business in a county if its business activities there are continuous and distinguishable from casual transactions, even without a branch campus.
• Chira v. Saal (In Re Chira)
  367 B.R. 888· S.D. Fla.· 2007-04-16 ·cited 4×
  The court held that the bankruptcy court did not err in approving the assumption of the executory purchase agreement under Section 365, as the settlement agreement was a separate resolution of claims, not a modification of the executory contract itself.
• James W. Windham Builders, Inc. v. Van Overloop
  951 So. 2d 40· Fla. 1st DCA· 2007-03-06 ·cited 4×
  In this workers' compensation case, the court affirmed an order requiring the employer/carrier to pay for attendant care, despite finding that the statutory requirement for a written prescription before providing attendant care was not technically met. The court held that while t
• Lenhart v. Federated Nat'l Ins. Co.
  950 So. 2d 454· Fla. 4th DCA· 2007-02-14 ·cited 4×
  This case involves whether an automobile insurance policy covers an unlicensed, underage family member who drove a friend's vehicle with the owner's consent. The court held that the policy covers the son because the insurer failed to explicitly exclude him and ambiguous exclusion
• D.M. v. Dobuler
  947 So. 2d 504· Fla. 3d DCA· 2006-12-06 ·cited 4×
  Juvenile detainees challenge Miami-Dade's detention hearing procedures, alleging they were denied hearings within 24 hours of custody as required by Florida law. The court agrees, holding that Florida Statutes section 985.215(2) mandates detention hearings within 24 hours of when
• Nunez v. Westfield Homes OF Fla., Inc.
  925 So. 2d 1108· Fla. 2d DCA· 2006-04-05 ·cited 4×
  Westfield Homes appealed an order compelling arbitration of homeowners' building code violation claims. The court reversed, holding that the Limited Home Warranty's arbitration clause applies only to warranty disputes, and the homeowners' building code claims fall outside the war
• State v. Burger
  921 So. 2d 847· Fla. 2d DCA· 2006-03-03 ·cited 4×
  The State appealed a suppression order after deputies stopped Burger's vehicle for allegedly violating Florida's brake light requirements. The court affirmed the suppression, holding that a vehicle equipped with two operable rear brake lights complies with the statute requiring "
• Tira Tatum v. State
  922 So. 2d 1004· Fla. 1st DCA· 2006-01-30 ·cited 4×
  Tira Tatum appeals enhanced sentences imposed under Florida's Prison Releasee Reoffender statute, arguing his prior incarceration in a youthful offender boot camp should not qualify him for enhancement. The court holds that the plain language of the statute applies to anyone rele
• State v. Vonda Denise Christie
  939 So. 2d 1078· Fla. 3d DCA· 2005-11-02 ·cited 4×
  Florida appealed the dismissal of child neglect charges against a public school teacher who failed to prevent her aide from binding students to desks with tape. The court held that public school teachers are statutory "caregivers" under Florida law during school hours and therefo
• W.G. v. State
  910 So. 2d 330· Fla. 4th DCA· 2005-09-14 ·cited 4×
  The court held that a trial court cannot order competency restorative services at a private facility for a juvenile charged with a misdemeanor, as the relevant statute mandates such services be provided by the Department of Children and Family Services and prohibits commitment fo
• Critical Intervention Servs., Inc. v. City OF Clearwater
  908 So. 2d 1195· Fla. 2d DCA· 2005-08-31 ·cited 4×
  The court held that the identities of alarm permit holders and records of alarm ordinance violations are confidential and exempt from public disclosure under Florida statutes.
• King v. The Fla. Parole Comm'n
  898 So. 2d 1100· Fla. 1st DCA· 2005-03-30 ·cited 4×
  The appellate court reversed the denial of attorney's fees to John King, finding that the Florida Parole Commission's defenses in a prior mandamus action were frivolous and lacked a good faith basis. The court determined the Commission's interpretation of the statute was untenabl
• The Cont'l Ins. Co. v. Collinsworth
  898 So. 2d 1085· Fla. 5th DCA· 2005-03-24 ·cited 4×
  Continental Insurance Company appeals a summary judgment finding that a marine insurance policy's racing exclusion was ambiguous and should be construed in favor of coverage. The court reversed, holding that the phrase "any speed race" unambiguously covers all contests of speed,
• Wheeler v. State
  898 So. 2d 1052· Fla. 2d DCA· 2005-03-16 ·cited 4×
  The court held that the 'catch-all' provision of the Prison Releasee Reoffender statute applies to aggravated assault, allowing for PRR sentencing.
• Abreu v. Lloyd's
  877 So. 2d 834· Fla. 3d DCA· 2004-07-07 ·cited 4×
  The court held that the term 'open highway' in the insurance policy was ambiguous because it was not defined, and therefore the policy must be construed in favor of the insured.
• Tomalo v. Kingsley Displays, Inc.
  862 So. 2d 899· Fla. 2d DCA· 2003-12-19 ·cited 4×
  A judgment lien is invalid if it does not contain the address of the lienholder, even if it contains the address of the lienholder's attorney.
• Gourlay v. Forest Lake Ests. Civic Ass'n
  2003 WL 21960021· M.D. Fla.· 2003-08-08 ·cited 4×
  The court held that the Fair Housing Act's prohibitions on making a dwelling 'unavailable' and interfering with housing rights apply only to conduct affecting the availability or acquisition of housing, not to post-purchase use and enjoyment.
• State Farm Mut. Auto. Ins. Co. v. W. Gables Open MRI Servs., Inc.
  846 So. 2d 538· Fla. 3d DCA· 2003-03-05 ·cited 4×
  The court held that the plain meaning rule applies to statutory interpretation, precluding the use of parol evidence to alter an unambiguous effective date.
• Ellinwood v. Bd. of Architecture & Interior Design
  835 So. 2d 1269· Fla. 1st DCA· 2003-02-03 ·cited 4×
  Dwight Ellinwood appealed the Board of Architecture and Interior Design's denial of his architect license application. The court reversed, finding the Board's interpretation of the statute's five-year degree requirement was clearly erroneous and that the requirement applied only
• Martinez v. Iturbe
  823 So. 2d 266· Fla. 3d DCA· 2002-08-07 ·cited 4×
  Martinez petitioned for a writ of certiorari to challenge an order that granted a stay only as to her in a wrongful death medical malpractice action after her insurer became insolvent. The Florida Supreme Court held that the Florida Insurance Guaranty Act requires a stay of the e
• Rosenthal v. Roth
  816 So. 2d 667· Fla. 3d DCA· 2002-03-13 ·cited 4×
  Sheldon Rosenthal appealed a domestic violence injunction entered against him by his sister, Jacqueline Roth, arising from a physical altercation at their mother's hospital. The court affirmed the injunction, holding that siblings related by blood fall within Florida's domestic v
• Aigars Rezevskis v. The Aries Ins. Co.
  784 So. 2d 472· Fla. 3d DCA· 2001-03-14 ·cited 4×
  Rezevskis sought to recover diminished value damages from his auto insurer following hurricane damage to his car. The court affirmed dismissal of his complaint, holding that an insurance policy containing a "repair or replace" limitation does not cover loss in resale value result
• Janos v. State
  763 So. 2d 1094· Fla. 4th DCA· 1999-12-15 ·cited 4×
  Janos sought a writ of prohibition to prevent prosecution for felony driving with a suspended license (DWLS) after he pleaded nolo contendere to a misdemeanor DWLS charge through an administrative procedure authorized by Florida statute. The court granted prohibition, holding tha
• Adoption BY Choice, Inc. v. In re The Interest of X.Z.C.
  747 So. 2d 1006· Fla. 2d DCA· 1999-12-08 ·cited 4×
  Adoption by Choice challenged a trial court's vacation of a termination of parental rights judgment, arguing the maternal grandmother was not entitled to notice of the proceedings. The court affirmed, holding that the grandmother qualified for notice under Florida law because the
• State v. Blunt
  744 So. 2d 1258· Fla. 3d DCA· 1999-11-24 ·cited 4×
  The Florida Supreme Court affirmed the dismissal of charges against two defendants accused of using tinfoil to defeat store security sensors while attempting to steal merchandise. The court held that tinfoil, by itself, does not constitute an "antishoplifting or inventory control