Plain Meaning Rule

2,382 Florida cases classified under this topic, plus 953 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• AETNA Cas. & Sur. Co. v. Huntington Nat'l Bank
  609 So. 2d 1315· Fla.· 1992-12-17 ·cited 74×
  The Florida Supreme Court held that section 324.021(9)(b) exempts lessors from liability under the dangerous instrumentality doctrine for any motor vehicle lease lasting one year or longer with adequate insurance, regardless of whether the lease is a financing substitute. The cou
• Selman v. The United States
  498 F.2d 1354· Ct. Cl.· 1974-06-19 ·cited 74×
  Officers serving as Assistant Judge Advocates General (AJAGs) of the Navy are entitled to the pay of a rear admiral (lower half) under 37 U.S.C. § 202(i), regardless of whether they were formally 'detailed' to the position.
• Fla. Farm Bureau Cas. Ins. Co. v. COX
  967 So. 2d 815· Fla.· 2007-09-20 ·cited 73×
  The Florida Supreme Court held that the Valued Policy Law (VPL) does not require an insurer to pay the full face amount of a policy when a building is deemed a total loss if the covered peril caused only part of the loss and excluded perils caused the remainder. The Court disappr
• Blankfeld v. Richmond Health Care, Inc.
  902 So. 2d 296· Fla. 4th DCA· 2005-05-25 ·cited 73×
  The Florida Fourth District Court of Appeal reversed a trial court's order compelling arbitration of a nursing home resident's claims, holding that an arbitration clause requiring disputes be resolved under National Health Lawyers Association rules was void as contrary to public
• Fla. Dep't OF Child. & Fam. Servs. v. P.E.
  14 So. 3d 228· Fla.· 2009-07-16 ·cited 72×·via Plain Language Rule
  The Florida Supreme Court resolved a conflict among district courts regarding whether the Department of Children and Family Services must present evidence of statutory grounds for termination when a parent's consent to termination is entered under section 39.801(3)(d) due to fail
• Gen. Motors Corp. v. Ruckelshaus
  742 F.2d 1561· D.C. Cir.· 1984-09-07 ·cited 72×
  The EPA's rule requiring manufacturers to repair all members of a recall class, regardless of their age or mileage at the time of repair, is a valid interpretative rule supported by the Clean Air Act.
• Curd v. Mosaic Fertilizer, LLC
  39 So. 3d 1216· Fla.· 2010-06-17 ·cited 71×·via Plain Language
  The Florida Supreme Court held that commercial fishermen can recover economic damages for loss of income caused by pollution without owning the damaged property, both under a private statutory cause of action in chapter 376 and under common law negligence principles. The Court re
• Capers v. State
  678 So. 2d 330· Fla.· 1996-07-18 ·cited 71×
  The Florida Supreme Court held that section 921.0016(3)(j) permits sentencing judges to depart upward from guidelines based on victim vulnerability due to age, even when age is an element of the offense itself. This decision clarified that the legislature did not intend to prohib
• State v. Hackley
  95 So. 3d 92· Fla.· 2012-07-05 ·cited 70×·via Plain Language Rule
  The Florida Supreme Court held that burglary of a conveyance with an assault qualifies as a prison releasee reoffender (PRR) offense under Florida law, resolving a conflict between district courts of appeal. The Court rejected the absurdity doctrine argument that distinguishing a
• United States v. Varbel
  780 F.2d 758· 9th Cir.· 1986-01-10 ·cited 70×
  The Currency Transaction Reporting Act and its regulations do not impose a duty on individuals to inform financial institutions about the nature of their currency transactions, and applying criminal sanctions for failure to do so violates due process.
• Blue Cross AND Blue Shield OF Alabama v. Weitz
  913 F.2d 1544· 11th Cir.· 1990-10-10 ·cited 69×
  The court held that ERISA jurisdiction under 29 U.S.C. § 1132(a)(3) applies to actions by fiduciaries seeking restitution for plan violations, and that defenses raised for the first time on appeal are waived.
• United States v. Rawlings
  821 F.2d 1543· 11th Cir.· 1987-07-20 ·cited 69×
  The court held that the 'second or subsequent conviction' language in 18 U.S.C. § 924(c) applies even when multiple offenses are charged in the same indictment.
• Agency FOR Health Care Admin. v. Associated Indus. OF Fla., Inc.
  678 So. 2d 1239· Fla.· 1996-06-27 ·cited 68×·via Plain Language
  The Florida Supreme Court reviewed the constitutionality of the Medicaid Third-Party Liability Act of 1994, which creates an independent state cause of action to recover Medicaid expenditures from tortfeasors. The Court largely upheld the Act's facial constitutionality while stri
• Verizon Fla., Inc. v. Jacobs
  810 So. 2d 906· Fla.· 2002-02-14 ·cited 67×
  Verizon Florida challenged the Public Service Commission's decision to impute yellow pages advertising revenues earned by its affiliate Verizon Directories when calculating Verizon's regulatory assessment fees. The Florida Supreme Court reversed, holding that section 364.336 requ
• Mspa Claims 1, LLC v. Tenet Fla., Inc.
  918 F.3d 1312· 11th Cir.· 2019-03-18 ·cited 66×
  The Eleventh Circuit held that the private cause of action under the Medicare Secondary Payer Act is limited to suits against primary plans, not medical providers, and therefore MSPA lacked a plausible claim.
• Marrero v. State
  71 So. 3d 881· Fla.· 2011-09-15 ·cited 66×·via Plain Language Of Statute
  The Florida Supreme Court held that the amount of property damage is an essential element of felony criminal mischief that must be proven beyond a reasonable doubt by the State, and rejected the lower court's application of a "life experience" exception that allowed conviction wi
• Verro Chambers v. State
  752 So. 2d 64· Fla. 1st DCA· 2000-02-11 ·cited 66×·via Plain And Ordinary Meaning
  Appellant challenges the constitutionality of Florida's Prison Releasee Reoffender Punishment Act on eight grounds. The appellate court affirms the trial court's denial of the motion to declare the statute unconstitutional, finding all of appellant's arguments previously rejected
• Weber v. Dobbins
  616 So. 2d 956· Fla.· 1993-03-18 ·cited 66×
  The Florida Supreme Court held that a corporate officer who elects to exempt himself from workers' compensation coverage under section 440.05 still retains the statutory immunities provided by section 440.11 when acting in a supervisory capacity. The Court rejected a strict textu
• Napier v. Preslicka
  314 F.3d 528· 11th Cir.· 2002-12-10 ·cited 65×·via Plain Language Rule
  The dissenting judge argues that the term "in custody" in the Prison Litigation Reform Act (PLRA) is ambiguous and should be interpreted in the context of the entire statute, which primarily addresses lawsuits arising from prison conditions. The dissent believes the PLRA was not
• Martin Cnty. v. Edenfield
  609 So. 2d 27· Fla.· 1992-11-19 ·cited 65×
  Martin County sought review of a district court reversal of summary judgment in a Whistle-Blower's Act case. The Florida Supreme Court held that an employee who participated in the alleged wrongdoing is not categorically barred from whistle-blower protection, and that participati
• Fla. Soc'y OF Ophthalmology v. Fla. Optometric Ass'n
  489 So. 2d 1118· Fla.· 1986-04-17 ·cited 65×
  The governor has fifteen consecutive days from the date of presentation to veto a bill presented to him after the legislature adjourns sine die, not merely seven days. Article III, section 8(a) of the Florida Constitution affords this extended period to bills presented post-adjou
• Brown v. State
  715 So. 2d 241· Fla.· 1998-05-14 ·cited 63×·via Plain Language Interpretation
  The Florida Supreme Court held that a trial court may grant an exceptional circumstance extension under Rule of Criminal Procedure 3.191(i) even when the extension is requested during the 5/10-day recapture window, provided the window has not yet expired. The decision resolves a
• Zuckerman v. Alter
  615 So. 2d 661· Fla.· 1993-01-28 ·cited 63×·via Plain Language
  The Florida Supreme Court held that Florida Statute § 689.075(1)(g) creates two alternative tests for validating an inter vivos trust where the settlor is the sole trustee: the trust must either be valid under the jurisdiction's laws OR be executed with will formalities. The cour
• Gen. Star Indem. Co. v. W. Fla. Vill. INN, Inc.
  874 So. 2d 26· Fla. 2d DCA· 2004-04-30 ·cited 62×·via Plain Language Rule
  General Star Indemnity Company appeals a trial court judgment awarding West Florida Village Inn $83,712 for underpaid hurricane damage insurance claims. The court resolves two key questions about deductible interpretation: whether ambiguous deductible provisions may be clarified
• State v. Montello
  867 So. 2d 613· Fla. 4th DCA· 2004-03-10 ·cited 62×
  The court held that section 316.1932, Florida Statutes (2002), does not require urine testing procedures to be approved by the Florida Department of Law Enforcement (FDLE) before they may be administered to persons suspected of DUI.
• Snyder v. Davis
  699 So. 2d 999· Fla.· 1997-09-18 ·cited 62×·via Plain Language Statutory Construction
  The Florida Supreme Court held that a testator without a surviving spouse or minor children may devise homestead property by will to any family member within the class of persons eligible under Florida's intestacy statute while preserving the constitutional exemption from forced
• Advisory Opinion to the Governor Re: Implementation of Amendment 4
  288 So. 3d 1070· Fla.· 2020-01-16 ·cited 61×
  The Florida Supreme Court addressed whether Amendment 4's requirement that convicted felons complete "all terms of sentence" before voting rights restoration includes payment of legal financial obligations such as fines, restitution, and fees. The Court answered affirmatively, ho
• Jones v. State
  966 So. 2d 319· Fla.· 2007-05-24 ·cited 61×·via Plain Language Statutory Construction
  Victor Tony Jones, a death-row inmate convicted of murder, challenged orders denying his successive postconviction motion and concluding he was not mentally retarded under Atkins v. Virginia. The Florida Supreme Court affirmed, holding that mental retardation determinations requi
• Hoyte S. Whitley and Martha R. Whitley v. Royal Trails Prop. Owners' Ass'n, Inc.
  910 So. 2d 381· Fla. 5th DCA· 2005-09-16 ·cited 61×·via Plain Language Rule
  The Whitleys challenged a judgment allowing either class of property owners in a homeowners association to unilaterally amend restrictive covenants. The court reversed, holding that both classes of owners must vote together on covenant amendments, rejecting the trial court's inte
• Exposito v. State
  891 So. 2d 525· Fla.· 2004-12-23 ·cited 61×·via Plain Language Of Statute
  The Florida Supreme Court held that section 924.07, Florida Statutes, does not authorize a State appeal from a post-trial order reducing a charge pursuant to Florida Rule of Criminal Procedure 3.620. The Court resolved a conflict between the Third and Fourth District Courts of Ap
• Dufresne v. State
  826 So. 2d 272· Fla.· 2002-09-05 ·cited 61×·via Plain And Ordinary Meaning
  The Florida Supreme Court addressed whether the term "mental injury" in the child abuse statute (section 827.03(1)(b)) is unconstitutionally vague. The Court held that the term is not vague because it is adequately defined in related statutory provisions in chapter 39, and statut
• State v. Ramsey
  475 So. 2d 671· Fla.· 1985-07-11 ·cited 61×·via Plain Language Interpretation
  The Florida Supreme Court held that a person placed under arrest is a "prisoner" subject to the escape statute immediately upon arrest, even before being handcuffed or placed in a vehicle, and that fleeing from an arresting officer constitutes escape under Florida Statutes § 944.
• Alachua Cnty. v. Clovis Watson, Jr.
  333 So. 3d 162· Fla.· 2022-01-27 ·cited 60×
  The Florida Supreme Court held that sheriffs lack unilateral authority to transfer funds between budget objects without county approval. The Court interpreted chapters 129 and 30 of Florida Statutes harmoniously to require sheriffs to follow the detailed budgetary amendment proce
• Zold v. Zold
  911 So. 2d 1222· Fla.· 2005-09-15 ·cited 60×·via Plain And Ordinary Meaning
  The Florida Supreme Court held that undistributed "pass-through" income from an S corporation does not automatically constitute income for calculating alimony, child support, and attorney's fees under chapter 61, but rather depends on whether the income was retained for legitimat
• B.C. v. Fla. Dep't OF Child. & Families
  887 So. 2d 1046· Fla.· 2004-09-23 ·cited 60×
  The Florida Supreme Court resolved a certified conflict regarding the interpretation of section 39.806(1)(d)(1), which permits termination of parental rights for incarcerated parents when incarceration constitutes a substantial portion of time before the child reaches age 18. The
• Barakat v. Broward Cnty. Hous. Auth.
  771 So. 2d 1193· Fla. 4th DCA· 2000-10-18 ·cited 60×
  The court held that the trial court erred in denying severance pay because the contract's terms were clear and unambiguous, and the employer failed to plead unconscionability as a defense.
• Vegas v. Globe Sec. & CIGNA
  627 So. 2d 76· Fla. 1st DCA· 1993-11-22 ·cited 60×
  Blanca Vegas, a security guard injured while working for Globe Security, challenged the 1990 amendments to Florida's workers' compensation law that redefined 'wages.' The First District Court of Appeal held that the new statutory definition of wages does not govern the calculatio
• The Shelby Mut. Ins. Co. OF Shelby v. Smith
  556 So. 2d 393· Fla.· 1990-01-11 ·cited 60×
  Shelby Mutual Insurance Company appeals a judgment requiring it to pay uninsured motorist (UM) coverage to an insured whose damages exceeded a tortfeasor's liability limits but fell below her UM policy limits. The Florida Supreme Court reverses, holding that UM coverage does not
• Preterm, Inc. v. Dukakis
  591 F.2d 121· 1st Cir.· 1979-01-15 ·cited 60×
  The Hyde Amendment, a rider to an appropriations bill, did not substantively amend the Medicaid Act by implication, and therefore, states remain obligated to fund medically necessary abortions under the Medicaid Act.
• United States v. Reid
  517 F.2d 953· 2d Cir.· 1975-04-24 ·cited 60×
  The court held that 18 U.S.C. § 2114 is not limited to crimes with a postal nexus and its plain language prohibits the defendants' conduct.
• The State of Fla. ex rel. v. Amos
  76 Fla. 26· Fla.· 1918-06-22 ·cited 60×
  Petitioner Finlayson sought to register his 32 horsepower automobile with a seating capacity of 1-5 persons and pay the $5.00 fee specified in Series B of Florida's 1917 automobile license act, but the Comptroller demanded $12.00 based on the vehicle's horsepower under Series C.
• Bingemann v. Bingemann
  551 So. 2d 1228· Fla. 1st DCA· 1989-09-13 ·cited 59×
  In this dissolution modification case, the appellate court addressed whether a trial court could impose conditions on college expense payments not present in the original separation agreement, and whether child support could be retroactively reduced. The court held that the trial
• Bell v. Indian River Mem'l Hosp.
  778 So. 2d 1030· Fla. 4th DCA· 2001-02-07 ·cited 58×·via Plain And Ordinary Meaning
  Parents of a stillborn child sued Indian River Memorial Hospital for negligent mishandling of the deceased infant's remains after an autopsy, alleging the hospital disposed of the remains without returning them despite repeated requests. The trial court dismissed the complaint as
• Medberry v. Butler
  185 F.3d 1189· 11th Cir.· 1999-08-23 ·cited 58×·via Plain Language Statutory Construction
  A prisoner with three prior frivolous or malicious lawsuits sought to proceed in forma pauperis under 28 U.S.C. § 1915(g), arguing that counting pre-PLRA dismissals violated the Ex Post Facto Clause and that he qualified for the imminent danger exception. The Eleventh Circuit hel
• Vernon v. Resolution Tr. Corp. for Freedom Sav. & Loan Ass'n
  907 F.2d 1101· 11th Cir.· 1990-08-03 ·cited 58×
  The court held that the acquisition agreement's explicit exclusion of obligations to stockholders meant the successor institution (New Freedom) was not liable for the shareholders' fraud claims.
• van Hoomissen v. Xerox Corp.
  503 F.2d 1131· 9th Cir.· 1974-09-13 ·cited 58×
  The court held that the plain meaning of Title VII's attorney's fees provision allows for an award of fees against the EEOC, even if the legislative history is ambiguous.
• Ernst Ludwig Kipp v. Sigrun Kipp
  844 So. 2d 691· Fla. 4th DCA· 2003-04-23 ·cited 57×
  The court held that the phrase 'up to' in the marital settlement agreement established a maximum limit, not a fixed obligation, for the husband's payment.
• Hawkins v. Ford Motor Co.
  748 So. 2d 993· Fla.· 1999-10-14 ·cited 57×·via Plain Language Of Statute
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding which statutory provisions govern a motor vehicle manufacturer's objection to the proposed transfer of all equity interest in a corporate dealership. The Court held that section 320.643(2)
• Rhodes v. State
  704 So. 2d 1080· Fla. 1st DCA· 1997-12-30 ·cited 57×·via Plain Language Of Statute
  James Rhodes appeals his habitual felony offender sentences imposed after a plea of nolo contendere to burglary and grand theft. The court reversed the habitual offender sentences because one predicate felony was committed after the offenses being sentenced, violating the statuto
• State v. Barnes
  686 So. 2d 633· Fla. 2d DCA· 1996-11-27 ·cited 57×·via Plain And Ordinary Meaning
  Florida appeals a trial court's dismissal of a fleeing and eluding charge on vagueness grounds. The court reverses, holding that section 316.1935(2), which penalizes causing a law enforcement officer to engage in a high-speed vehicle pursuit, is not unconstitutionally vague as ap