Plain Meaning Rule

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

• Donny Wright and Audrey Wright. both v. Auto-Owners Ins. Co.
  739 So. 2d 180· Fla. 2d DCA· 1999-09-03 ·cited 4×
  The Wrights appealed the dismissal of their insurance claim for injuries sustained when Donny Wright collided with a truck while riding a motorcycle. The court held that their Auto-Owners insurance policy provided No-Fault (PIP) coverage for the accident, but not coverage under t
• Leding v. State
  725 So. 2d 1221· Fla. 4th DCA· 1999-01-20 ·cited 4×
  The court held that statements made by children to their father and an officer were admissible as excited utterances, and the statute prohibiting interference with custody was not void for vagueness.
• Powell v. The City OF Delray Beach
  711 So. 2d 1307· Fla. 4th DCA· 1998-06-03 ·cited 4×
  The Powells appealed a summary judgment in favor of the City of Delray Beach regarding a building permit condition requiring them to pave an alley providing access to their duplex. The court reversed, finding that the City lacked authority under its Land Development Regulations t
• Schneider v. State
  700 So. 2d 1239· Fla. 4th DCA· 1997-10-01 ·cited 4×
  Schneider appealed his conviction for nine counts of possessing child sexual abuse material, challenging whether undeveloped film in his camera constituted a 'photograph' under Florida Statutes § 827.071(5). The court affirmed, holding that undeveloped film qualifies as a photogr
• The Aries Ins. Co. v. Onelia Maria Aleman
  695 So. 2d 910· Fla. 3d DCA· 1997-06-25 ·cited 4×
  Aries Insurance Company appealed a partial summary judgment on liability in favor of insurance policyholder Onelia Aleman. The court affirmed, holding that Florida Statutes section 627.7282 unambiguously requires an insurer to cancel a policy on the specific cancellation date sta
• Hosp. Correspondence Corp. v. McRAE
  682 So. 2d 1177· Fla. 5th DCA· 1996-11-08 ·cited 4×
  Hospital Correspondence Corporation appealed a partial summary judgment finding it liable for overcharging patients for medical records copies made from microfilm and microfiche sources. The court affirmed that Florida law required charging only $1 per page for paper copies regar
• Jackqueline Lemus v. Ocala Star Banner & Liberty Mut. Ins. Co.
  672 So. 2d 76· Fla. 1st DCA· 1996-04-19 ·cited 4×
  Jackqueline Lemus, a permanently and totally disabled workers' compensation claimant, appealed the Judge of Compensation Claims' decision to reimburse her unemployed adult son for attendant care services at the federal minimum wage. The court affirmed, holding that the statutory
• Moonlit Waters Apts., Inc. v. Cauley
  651 So. 2d 1269· Fla. 4th DCA· 1995-03-15 ·cited 4×
  The court held that the statute providing for an option to purchase does not apply to an underlying 99-year ground lease for a cooperative apartment building.
• Nickols v. Division OF Retirement
  637 So. 2d 261· Fla. 1st DCA· 1994-04-13 ·cited 4×
  The Florida District Court of Appeal reversed the State Retirement Commission's denial of in-line-of-duty disability retirement benefits, holding that the Commission erred by requiring the appellant to present an explicit medical opinion stating he was totally and permanently dis
• Solid Waste Auth. of Palm Beach Cnty. v. Parker
  622 So. 2d 1014· Fla. 4th DCA· 1993-08-25 ·cited 4×
• United States v. Sosa
  997 F.2d 1130· 5th Cir.· 1993-08-03 ·cited 4×
  The court held that the phrase "original sentence" in 18 U.S.C. § 3565(a) refers to the sentence actually imposed, not the maximum possible sentence under the guidelines.
• In re Sandor Chabot v. Sandor Chabot
  992 F.2d 891· 9th Cir.· 1993-04-16 ·cited 4×
  A junior judicial lien does not impair a debtor's homestead exemption if it does not diminish the exemption's value, and therefore cannot be avoided under 11 U.S.C. § 522(f).
• Horizon Hosp. v. Williams
  610 So. 2d 692· Fla. 2d DCA· 1992-12-18 ·cited 4×
  The court held that the plain language of the statute requires the petition for involuntary placement to be executed, not filed, within the 72-hour period.
• Nationwide Ins. Co. v. Resseguie
  980 F.2d 226· 3d Cir.· 1992-11-17 ·cited 4×
  A request to lower underinsured motorist coverage under Pennsylvania law must be in writing from the named insured to be effective.
• United States v. Denard Darnell Neal
  976 F.2d 601· 9th Cir.· 1992-10-05 ·cited 4×
  The dissent argues that the statute's plain meaning is ambiguous regarding simultaneous convictions, and the rule of lenity should apply, preventing the imposition of twenty-year sentences.
• W. Palm Beach Golf Comm'n v. Callaway
  604 So. 2d 880· Fla. 4th DCA· 1992-08-26 ·cited 4×
  The court affirmed that a city charter provision giving the city manager exclusive authority to hire and fire employees supersedes an ordinance granting the Golf Commission that power, rendering the ordinance invalid.
• United States v. LaFLEUR
  971 F.2d 200· 9th Cir.· 1992-08-04 ·cited 4×
  The court should interpret 18 U.S.C. § 1111(b) to allow for downward departures for mitigating circumstances, rather than imposing a mandatory life sentence.
• Sutter Home Winery, Inc. v. Vintage Selections, Ltd.
  971 F.2d 401· 9th Cir.· 1992-07-31 ·cited 4×
  The choice-of-law provision in the contract requires the application of California law to contractual disputes, as Arizona law is not mandatory.
• FOX v. Allied-Signal, Inc.
  966 F.2d 626· 11th Cir.· 1992-07-16 ·cited 4×
  A federal appellate court certified to the Florida Supreme Court the question of whether a jury must consider a non-party's comparative fault when apportioning liability under Florida's Tort Reform Act, where the plaintiff's employer was immune from suit under workers' compensati
• United Steelworkers OF Am. v. Lukens Steel Co.
  969 F.2d 1468· 3d Cir.· 1992-07-08 ·cited 4×
  The dissenting judge would hold that the Last Chance Agreements clearly waived arbitration, making the Disciplinary Committee's decision final.
• Bank ONE Tex., N.A. v. A.J. Warehouse, Inc.
  968 F.2d 94· 1st Cir.· 1992-06-30 ·cited 4×
  The court held that the plain language of the credit agreement clearly granted Bank One the right to sue for past-due amounts, and that the Companies' interpretation of section 14.2 was unsupported, thus summary judgment was appropriate. The court also held that discovery was pro
• Cooke v. Ins. Co. OF N. Am.
  603 So. 2d 520· Fla. 2d DCA· 1992-06-17 ·cited 4×
  Bobby Cooke challenged the cancellation of his insurance policies by INA after his premium finance company INAC failed to properly comply with statutory notice requirements under Florida Statutes § 627.848. The court held that an insurer cannot cancel a policy based on a finance
• United States v. Chang Ho KIM
  963 F.2d 65· 5th Cir.· 1992-06-03 ·cited 4×
  The court held that the 'retail value of the infringing items' under U.S.S.G. § 2B5.4 refers to the value of the counterfeit goods, not the genuine ones, but affirmed the sentence because the defendant failed to present sufficient evidence of the counterfeit items' retail value.
• In re Motion TO Unseal Electronic Surveillance Evidence. Howard J. Smith v. Donn H. Lipton
  965 F.2d 637· 8th Cir.· 1992-05-29 ·cited 4×
  The court held that the majority's new five-part test for releasing wiretap recordings to private litigants is contrary to the plain meaning of section 2517(3) and congressional intent.
• Genunzio v. Genunzio
  598 So. 2d 129· Fla. 2d DCA· 1992-04-17 ·cited 4×
  In a dissolution of marriage case, the court addressed the proper interpretation of an antenuptial agreement regarding disposition of a marital home purchased with the husband's separate funds during the marriage. The trial court awarded the wife three-eighths of the home as lump
• Tataranowicz v. Louis W. Sullivan, M.D.
  959 F.2d 268· D.C. Cir.· 1992-03-13 ·cited 4×
  The court held that the plain language of section 101(b)(1)(C) of the Medicare Catastrophic Coverage Repeal Act of 1989 does not support the Secretary's restrictive interpretation. The court also agreed with the panel's treatment of class certification and would remand for recert
• In re Kaiser Steel Corp. v. Pearl Brewing Co.
  952 F.2d 1230· 10th Cir.· 1991-12-30 ·cited 4×
  Consideration paid to shareholders for their stock in a leveraged buyout is exempt from a trustee's avoiding powers under section 546(e) of the Bankruptcy Code as 'settlement payments' made by or to a stockbroker, financial institution, or securities clearing agency.
• California Men's Colony v. Rowland
  939 F.2d 854· 9th Cir.· 1991-07-29 ·cited 4×
  Associations are considered 'persons' under 28 U.S.C. § 1915(a) and may proceed in forma pauperis if they demonstrate indigency.
• Nat'l Am. Ins. Co. v. Baxley
  578 So. 2d 441· Fla. 1st DCA· 1991-04-18 ·cited 4×
  National American Insurance Co. appealed a summary judgment awarding William Baxley $900,000 in uninsured motorist coverage under a policy that became effective November 7, 1988, after a gap in coverage from his prior insurer's expiration on November 5, 1988. The court affirmed,
• Salt Lake City v. Western Area Power Administration
  926 F.2d 974· 10th Cir.· 1991-02-22 ·cited 4×
  The court held that the agency's requirement of utility responsibility for municipalities to receive preference under the statute contradicts Congress's clear intent.
• Granite State Ins. Co. v. Degerlia
  925 F.2d 189· 7th Cir.· 1991-02-14 ·cited 4×
  The court held that the plain language of the insurance policy exclusion for 'automobile or motorcycle racing or stunting' applied to unsponsored racing, and the insurer was entitled to summary judgment.
• Abbott Labs. v. Young
  920 F.2d 984· D.C. Cir.· 1990-12-07 ·cited 4×
  The court held that the statutory language regarding drug exclusivity is ambiguous and that neither the government's nor the appellant's interpretation is reasonable, requiring remand for agency reconsideration.
• Central States v. Indep. Fruit & Produce Co.
  919 F.2d 1343· 8th Cir.· 1990-12-06 ·cited 4×
  The court held that the term 'casual employee' in the collective bargaining agreements was not ambiguous and that the employers' designation of employees as casuals, contrary to the plain meaning of the term and without disclosure to the pension fund, could not defeat the fund's
• Wise v. Ruffin
  914 F.2d 570· 4th Cir.· 1990-10-12 ·cited 4×
  The court held that withdrawal liability can be computed under MPPAA's modified presumptive method even if a plan has no unfunded vested benefits in the year preceding an employer's withdrawal, as long as there were unfunded vested benefits in prior years.
• United States v. Ransbottom
  914 F.2d 743· 6th Cir.· 1990-09-10 ·cited 4×
  The court held that the defendant's actions in traveling in interstate commerce with the intent that a murder be committed for pecuniary value, even without a completed agreement or consideration at the time of travel, constituted a violation of the federal murder-for-hire statut
• Wilson Arlington Co. v. Prudential Ins. Co. OF Am.
  912 F.2d 366· 9th Cir.· 1990-08-27 ·cited 4×
  Under Virginia law, the parol evidence rule strictly prohibits the introduction of extrinsic evidence to contradict or modify the terms of an unambiguous integrated written agreement.
• Noriega-Sandoval v. U.S. Immigr. & Naturalization Serv.
  911 F.2d 258· 9th Cir.· 1990-08-13 ·cited 4×
  The court held that it lacks jurisdiction to review the denial of an application for adjustment of status to temporary resident under IRCA, except in the context of reviewing an order of deportation.
• Sacramento Reg'l Cnty. Sanitation Dist. v. Reilly
  905 F.2d 1262· 9th Cir.· 1990-06-08 ·cited 4×
  The court held that the Clean Water Act does not authorize federal funding for the acquisition of mitigation wetlands, as such lands are not an integral part of the treatment process and thus not 'treatment works'.
• Exportal Ltda. v. United States & Clayton Yeutter
  902 F.2d 45· D.C. Cir.· 1990-04-13 ·cited 4×
  The court held that the Secretary's denial of a bond waiver is a final order reviewable by the court of appeals, and that the plain language of the regulation mandates a waiver when reciprocity is shown.
• Amerikohl Mining, Inc. v. The United States
  899 F.2d 1210· Fed. Cir.· 1990-04-10 ·cited 4×
  The court held that challenges to national rules and regulations promulgated under the Surface Mining Control and Reclamation Act of 1977 must be brought in the United States District Court for the District of Columbia, and that the Claims Court lacked subject matter jurisdiction
• Secretary of Labor v. W. Fuels-Utah, Inc.
  900 F.2d 318· D.C. Cir.· 1990-04-06 ·cited 4×
  The court held that the "supervisory personnel" exception to task training requirements applies only when supervisors are performing supervisory duties, not when they are performing the tasks of a miner.
• Elec. Sys. Assocs., Inc. v. The United States
  895 F.2d 1398· Fed. Cir.· 1990-02-12 ·cited 4×
  The court held that the General Services Administration Board of Contract Appeals correctly dismissed Electronic Systems' protest for lack of jurisdiction, as the procurement fell under Warner Amendment exemptions for military systems.
• Horner v. Hollander
  895 F.2d 759· Fed. Cir.· 1990-02-05 ·cited 4×
  The court held that the phrase 'eligible to retire' in the Civil Service Retirement Spouse Equity Act includes eligibility for disability retirement, not just age and service retirement.
• Citizens Action League v. Kizer
  887 F.2d 1003· 9th Cir.· 1989-10-23 ·cited 4×
  The court held that a broad interpretation of 'estate' allows for a more rational administration of Medicaid recovery, aligning with congressional purposes.
• Melodie K. Moorehead and Joan M. DiGregario v. Dep't of Prof'l Reg.
  550 So. 2d 521· Fla. 1st DCA· 1989-10-13 ·cited 4×
  Appellants challenged the Board of Psychological Examiners' denial of their applications to sit for the Florida psychology licensure exam based on degrees from Union Graduate School. The court reversed, holding that the statutory term "comparable to" means similar, not equivalent
• Orange Cnty. v. Gipson
  548 So. 2d 658· Fla.· 1989-09-07 ·cited 4×
  A crossclaimant for contribution against a governmental entity is not required to provide separate notice to the Department of Insurance if the governmental entity already received timely notice from the underlying tort claimants and was a party defendant.
• In re Mary Lee Whittaker. (Two Cases) Whittaker v. The Philadelphia Elec. Co.
  882 F.2d 791· 3d Cir.· 1989-08-15 ·cited 4×
  A utility cannot refuse to restore service to a debtor for 20 days after filing for bankruptcy, even if the debt was incurred pre-petition, unless the debtor fails to provide adequate assurance of payment within that period.
• Marietta Darling v. Otis R. Bowen, M.D.
  878 F.2d 1069· 8th Cir.· 1989-06-28 ·cited 4×
  The court held that section 12202 of COBRA requires "209(b)" states to disregard certain social security benefit increases for Medicaid eligibility purposes, ensuring nationwide relief.
• United States v. Molinaro
  876 F.2d 1432· 9th Cir.· 1989-06-07 ·cited 4×
  The court held that the government's failure to move for pretrial detention at the defendant's first appearance violates 18 U.S.C. § 3142(f), and no exception exists for defendants already in custody.
• United States v. The S. Half OF LOT 7 & LOT 8
  876 F.2d 1362· 8th Cir.· 1989-06-01 ·cited 4×
  The court held that the statute plainly permits forfeiture of real property, and the legislative history does not support a contrary interpretation.