Plain Meaning Rule

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

• AETNA Ins. Co. v. Getchell Steel Treating Co., Inc.
  395 F.2d 12· 8th Cir.· 1968-05-16 ·cited 4×
  The court held that damage caused by an ensuing fire, even if originating from an electrical disturbance, is covered under a standard fire insurance policy, and the insurers are liable for losses proximately caused by such fire.
• The City OF Poplar Bluff v. NEW Amsterdam Cas. Co.
  386 F.2d 172· 8th Cir.· 1967-11-28 ·cited 4×
  The court held that the insurance policy was unambiguous and covered only the operations of the Board of Public Works, not the City's Street Department employees.
• Skelly OIL Co. v. United States
  392 F.2d 128· 10th Cir.· 1967-04-20 ·cited 4×
  The court held that it cannot add conditions to a statute or redefine terms when the statutory language is clear, even if the result seems inequitable.
• Hartnett v. S. Ins. Co.
  171 So. 2d 439· Fla. 3d DCA· 1965-02-09 ·cited 4×
  James Hartnett claimed for the loss of his automobile that disappeared from his home, but the court affirmed summary judgment against him because his insurance policy did not include theft coverage, which he had not purchased or paid premiums for.
• Cavanagh v. Cont'l Cas. Co.
  325 F.2d 975· 8th Cir.· 1964-01-14 ·cited 4×
  The court held that the trial court's interpretation of the insurance policy's classification of the insured was permissible under Missouri law.
• Wittstein v. Am. Fed'n OF Musicians OF the United States & Canada
  326 F.2d 26· 2d Cir.· 1963-12-18 ·cited 4×
  The court held that the Labor-Management Reporting and Disclosure Act of 1959 requires a "majority vote of the delegates voting" at a convention to mean one vote per delegate, rendering the union's weighted voting for a dues increase void.
• Eddy v. Travelers Ins. Co.
  212 F.2d 518· 10th Cir.· 1954-04-23 ·cited 4×
  The court held that the insured's fatal injuries sustained after alighting from the bus during a rest stop did not occur while she was a passenger on the public conveyance, thus limiting the insurer's liability.
• W. & S. Life Ins. Co. v. Huwe
  116 F.2d 1008· 6th Cir.· 1941-01-17 ·cited 4×
  The court held that the plain language of the statute requires using the mean of reserves held at the beginning and end of the taxable year, not all intervening variations.
• Ruhlen v. Holiday Haven Homeowners, Inc.
  28 F.4th 226· 11th Cir.· 2022-03-09 ·cited 3×
  The Eleventh Circuit held that it lacks jurisdiction to review a district court's sua sponte order remanding a case to state court, because the exception allowing appeals of class action remand orders applies only to orders granted or denied upon a party's motion.
• Emmanuely Germain v. U.S. Attorney General
  9 F.4th 1319· 11th Cir.· 2021-08-18 ·cited 3×
  The court held that the parenthetical phrase '(relating to document fraud)' in 8 U.S.C. § 1101(a)(43)(P) is descriptive of 18 U.S.C. § 1546(a) and not limiting, meaning all offenses under § 1546(a) can qualify as aggravated felonies.
• Fisher v. United States
  995 F.3d 1266· 11th Cir.· 2021-04-27 ·cited 3×
  The Eleventh Circuit held that Florida's recreational-use statute applies to all entrants, including business visitors, and thus does not waive sovereign immunity under the FTCA for claims arising from recreational areas.
• State v. Avella
  275 So. 3d 207· Fla. 5th DCA· 2019-06-21 ·cited 3×
  The statutory exemption in section 474.203(5)(a) permits an owner to care for his or her own animals, so the unlicensed practice of veterinary medicine charge was properly dismissed. However, the animal cruelty statute does not require specific intent to cause pain but only an in
• Brown v. State
  263 So. 3d 48· Fla. 4th DCA· 2018-12-12 ·cited 3×
  Wesley Brown, charged as a juvenile with vehicular homicide and other offenses in adult court, appeals his conviction arguing the trial court lacked jurisdiction. Brown had not objected to the direct-file jurisdiction until after two trials and conviction, when he claimed vehicul
• Gator Coin II, Inc. v. Fla. Dep't OF Bus. & Prof'l Reg.
  254 So. 3d 1113· Fla. 1st DCA· 2018-08-30 ·cited 3×
  Gator Coin II and Blue Sky Games appealed a trial court's declaratory judgment that Version 67, a gaming machine with a mandatory preview feature showing game outcomes before play, is an illegal slot machine under Florida law. The First District Court of Appeal affirmed, holding
• Leon v. Carollo
  246 So. 3d 490· Fla. 3d DCA· 2018-05-02 ·cited 3×
  The one-year residency requirement in Miami city charter section 4(c) is a qualification requirement to run for office, not a constitutional eligibility requirement to hold office. Courts lack inherent power to determine post-election contests based on a candidate's failure to me
• Marcy Nicole Overstreet v. Overstreet
  244 So. 3d 1182· Fla. 1st DCA· 2018-04-25 ·cited 3×
  Section 61.13002(2) does not apply to permanent changes of station by military personnel. The term "temporarily assigned" must be interpreted using military technical definitions, meaning a duty assignment of up to six months that provides for the member's next duty assignment, n
• Surf Works, L.L.C. v. City OF Jacksonville Beach
  230 So. 3d 925· Fla. 1st DCA· 2017-11-08 ·cited 3×
  Surf Works sought to rezone property in Jacksonville Beach to a Redevelopment District (RD) to develop a bar that would violate certain code provisions regarding proximity to other bars and outdoor seating limits. The circuit court upheld the city council's denial based on genera
• Utopia Home Care/Guarantee Ins. Co. v. Alvarez
  230 So. 3d 72· Fla. 1st DCA· 2017-09-05 ·cited 3×
  This case interprets Florida Statute § 440.093(3) governing temporary benefits for compensable mental or nervous injuries in workers' compensation. The court held that the six-month limitation period for such benefits is a strict calendar-based deadline beginning on the date of p
• Mathis v. State
  204 So. 3d 104· Fla. 1st DCA· 2016-11-14 ·cited 3×
  The court affirmed the conviction but the concurring opinion argued that the State charged the appellant with offenses outside the statute of limitations.
• Duncan Jason Smith v. State
  204 So. 3d 18· Fla.· 2016-09-08 ·cited 3×
  The Florida Supreme Court resolved a conflict between district courts regarding whether using a file-sharing program to provide authorized access to child pornography constitutes "transmission" under Florida Statute § 847.0137. The court held that when a user affirmatively grants
• Baker v. State
  164 So. 3d 151· Fla. 1st DCA· 2015-05-15 ·cited 3×
  Baker was stopped for a traffic violation based on an obscured license plate, and drugs were discovered during the search following arrest. The First District Court of Appeal affirmed the denial of his motion to suppress, holding that a trailer hitch obstructing a license plate's
• Mayor Wayne Slaton & Town of Miami Lakes v. Pizzi
  163 So. 3d 655· Fla. 3d DCA· 2015-04-24 ·cited 3×
  Mayor Pizzi was suspended by the Governor after federal felony charges in 2013. A special election replaced him with Slaton, but Pizzi was acquitted in 2014. The court held that Florida Statute section 112.51(6) mandates restoration to office upon acquittal, regardless of the int
• Delong v. Fla. Fish & Wildlife Conservation Comm'n
  145 So. 3d 123· Fla. 3d DCA· 2014-05-28 ·cited 3×
  Jordan DeLong, a law enforcement officer transferred from the Florida Department of Environmental Protection to the Florida Fish & Wildlife Conservation Commission pursuant to House Bill 1383, appealed his termination to the Public Employees Relations Commission. The court affirm
• Bookman v. Davidson
  136 So. 3d 1276· Fla. 1st DCA· 2014-05-05 ·cited 3×
  A successor personal representative has standing to bring a legal malpractice action against an attorney hired by the predecessor personal representative, as the successor inherits the predecessor's rights and duties. The probate court has jurisdiction over claims for disgorgemen
• Morgan v. Dep't OF Env't Prot.
  98 So. 3d 651· Fla. 3d DCA· 2012-09-19 ·cited 3×
  Morgan sought to intervene in an administrative enforcement proceeding against his neighbor Adeeb for environmental violations and alternatively brought a citizen enforcement action. The court affirmed the denial of intervention and dismissal of the enforcement action, holding th
• Alfreda Ellsworth v. State
  89 So. 3d 1076· Fla. 2d DCA· 2012-06-08 ·cited 3×
  The court held that a rental agreement must strictly comply with the language required by section 812.155(6), Florida Statutes, as a prerequisite to prosecution for failure to redeliver leased property.
• Rothman-Browning v. Marshall
  83 So. 3d 859· Fla. 4th DCA· 2011-12-21 ·cited 3×
  Doris Rothman-Browning, a co-trustee, appealed the trial court's approval of a guardianship plan, arguing the court prematurely approved it without considering her timely objection filed within thirty days. The appellate court reversed, holding that when an objection is filed wit
• Caproc Third Ave., LLC v. Donisi Ins., Inc.
  67 So. 3d 312· Fla. 4th DCA· 2011-06-01 ·cited 3×
  Caproc appealed the dissolution of a writ of garnishment against judgment debtor Charles Donisi's bank accounts. The trial court struck Caproc's attorney's affidavit denying Donisi's claimed exemptions because the statute requires the judgment creditor party itself—not its attorn
• Off. Depot, Inc. v. Nat'l Union Fire Ins.
  734 F. Supp. 2d 1304· S.D. Fla.· 2010-10-27 ·cited 3×
  The court held that costs incurred in voluntarily responding to an SEC investigation that did not culminate in a formal complaint are not covered losses under the 'Securities Claim' definition in the insurance policy.
• City OF Venice & PGCS v. van Dyke
  46 So. 3d 115· Fla. 1st DCA· 2010-10-07 ·cited 3×
  A workers' compensation case where the employer/carrier challenged the Judge of Compensation Claims' finding that the claimant's thoracic aortic disease qualifies as compensable "heart disease" under Florida Statutes § 112.18(1). The First District Court of Appeal affirmed, holdi
• Blaesser v. State Bd. OF Admin.
  134 So. 3d 1013· Fla. 1st DCA· 2010-07-01 ·cited 3×
  Robert Blaesser, a retired FRS member who took a lump-sum distribution from his Investment Plan account, sought to renew his FRS membership when he returned to work with an FRS-covered agency after July 1, 2010. The court affirmed the State Board of Administration's denial of his
• Double AA Int'l Inv. Grp., Inc. v. Swire Pac. Holdings, Inc.
  674 F. Supp. 2d 1344· S.D. Fla.· 2009-12-15 ·cited 3×
  The court held that Swire's failure to establish two separate escrow accounts as required by Fla. Stat. § 718.202 rendered the purchase agreement voidable by the buyer, entitling the buyer to a refund of their deposit.
• Bethel v. Sec. Nat'l Ins. Co.
  949 So. 2d 219· Fla. 3d DCA· 2006-12-20 ·cited 3×
  Security National Insurance Company sought declaratory relief to deny coverage under a household exclusion for injuries sustained by Laika Fernandez, a passenger in a car driven by Gregory Bethel. The court reversed summary judgment, holding that Laika did not qualify as a "famil
• Bradley v. Sanchez
  943 So. 2d 218· Fla. 3d DCA· 2006-11-01 ·cited 3×
  The Bradleys appealed a summary judgment in favor of Sanchez on a breached real estate purchase contract for a $10.5 million luxury home. The court affirmed, holding that the Bradleys clearly breached by failing to apply for financing within the contractually required five days a
• Tarafa v. Takach
  934 So. 2d 524· Fla. 3d DCA· 2005-12-14 ·cited 3×
  This case concerns the interpretation of an alimony termination clause and attorney's fees provision in a 1991 divorce settlement. The court affirmed summary judgment finding that the defendant's cohabitation with a second cousin did not trigger the alimony termination clause (wh
• Dep't OF Revenue v. Val-Pak Direct Mktg. Sys., Inc.
  862 So. 2d 1· Fla. 2d DCA· 2003-06-27 ·cited 3×
  Val-Pak Direct Marketing Systems sought a sales tax refund for printed advertising materials distributed by mail, claiming an exemption under Florida's statute for certain advertising publications. The court reversed the trial court's grant of summary judgment for Val-Pak, holdin
• Stutts v. State
  821 So. 2d 449· Fla. 1st DCA· 2002-07-19 ·cited 3×
  Kenny Wayne Stutts appealed the summary denial of his motion for postconviction relief alleging ineffective assistance of counsel. The court reversed as to his first claim, holding that his prior Alabama driving with suspended/revoked license (DWLSR) convictions could not serve a
• Fla. Mun. Power Agency & Fla. Mun. Elec. Ass'n, Inc. v. Dep't OF Revenue
  764 So. 2d 914· Fla. 1st DCA· 2000-08-16 ·cited 3×
  The Florida Court of Appeal First District reversed the Department of Revenue's declaratory statement and held that section 212.08(6), Florida Statutes, exempts from sales taxation materials purchased by municipally owned utilities for repair, replacement, or refurbishment of exi
• Dealers Acceptance Corp. v. United Pac. Ins. Co.
  763 So. 2d 528· Fla. 4th DCA· 2000-07-26 ·cited 3×
  A retail installment sales finance company is not a 'person in a retail or wholesale transaction' covered by a motor vehicle dealer's surety bond, as the bond's purpose is to protect consumers and dealers, not financiers.
• Paneson v. Paneson
  723 So. 2d 385· Fla. 2d DCA· 1999-01-06 ·cited 3×
  In this post-dissolution proceeding, the husband appealed a trial court order narrowly interpreting an arbitration provision in the parties' divorce judgment. The court reversed, holding that the arbitration clause applied to both real and personal property described in the judgm
• State v. Brown
  723 So. 2d 857· Fla. 4th DCA· 1998-11-25 ·cited 3×
  Florida's appellate court affirmed a sentence of community control and probation for cocaine possession, holding that the trial court properly exercised statutory discretion to impose probation in lieu of imprisonment for enumerated drug offenses under section 948.034(2), Florida
• Special Disability Tr. Fund v. A-1 Block Corp. & Feisco
  688 So. 2d 968· Fla. 1st DCA· 1997-02-26 ·cited 3×
  The Special Disability Trust Fund appeals a Judge of Compensation Claims order requiring it to reimburse an employer/carrier for excess compensation paid in a settlement. The court reverses, holding that the JCC applied an unauthorized ratio formula to calculate reimbursement whe
• Sandlin v. Shapiro & Fishman
  919 F. Supp. 1564· M.D. Fla.· 1996-02-23 ·cited 3×
  The court held that defendants, acting as debt collectors, may be liable under the FDCPA for attempting to collect unauthorized payoff fees and for failing to include required warnings in their communications, but not for violating debt validation notice requirements.
• City OF Orlando & Alexsis Risk Mgmt. v. Wilkinson
  624 So. 2d 799· Fla. 1st DCA· 1993-09-27 ·cited 3×
  The court held that the judge of compensation claims erred in applying section 440.15(5)(c) to a claimant who was not receiving wage loss benefits at the time of a subsequent injury.
• Mark G.A. Welsh v. BOY Scouts OF Am. & Boy Scouts of Am. W. Suburban Council # 147
  993 F.2d 1267· 7th Cir.· 1993-05-17 ·cited 3×
  The dissent argues that Title II of the Civil Rights Act of 1964 should be interpreted to cover membership organizations like the Boy Scouts, but acknowledges that the First Amendment might protect the Scouts' right to exclude atheists.
• Davis Water & Waste Indus., Inc. v. Embry Dev. Corp.
  603 So. 2d 1357· Fla. 1st DCA· 1992-08-18 ·cited 3×
  The court held that the term 'abutting lands' in the Florida Construction Lien Law requires actual physical contact between the property improved and the land sought to be liened.
• Matilda Scott v. Sherwood A. Jones
  964 F.2d 314· 4th Cir.· 1992-05-06 ·cited 3×
  An attorney whose business's principal purpose is debt collection, even if exclusively through legal activities like filing lawsuits, qualifies as a 'debt collector' under the FDCPA.
• Jakobson Shipyard, Inc. v. The AETNA Cas. & Sur. Co. & the Aetna Life & Cas. Co.
  961 F.2d 387· 2d Cir.· 1992-04-13 ·cited 3×
  The court held that damage to a product resulting from faulty workmanship is not an 'occurrence' under the insurance policy's definition, as it does not involve an accident or unintended event.
• Hill v. Winn-Dixie Stores, Inc.
  699 F. Supp. 876· M.D. Fla.· 1988-04-14 ·cited 3×
  Florida Statute § 40.271, which prohibits dismissal of employees for jury service, does not apply to federal jury service because the Florida Legislature intended it to apply only to state courts.
• Chan Kendrick v. Heckler
  778 F.2d 253· 5th Cir.· 1985-12-13 ·cited 3×
  The court held that the majority's interpretation of Rule 45(d)(1) renders a phrase surplusage and is not the correct interpretation.