Plain Meaning Rule

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

• R.I. v. Dep't of Child. & Families
  47 So. 3d 357· Fla. 4th DCA· 2010-11-03 ·cited 2×
  R.I., a developmentally disabled youth aging out of foster care, appealed a trial court order denying his request that the Department of Children and Families pay a $500 administrative fee to establish a special needs pooled trust. The appellate court affirmed, holding that Flori
• Whitehead v. Tyndall Fed. Credit Union
  46 So. 3d 1033· Fla. 1st DCA· 2010-09-16 ·cited 2×
  Contractor Whitehead appeals summary judgment dismissing his claim that Tyndall Federal Credit Union violated Florida's construction lien notice statute by failing to notify him that it would cease advancing loan funds. The court reverses, holding that a lender must provide notic
• Grueiro v. Liberty Mailing
  43 So. 3d 826· Fla. 1st DCA· 2010-08-25 ·cited 2×
  In this workers' compensation appeal, the court affirmed the denial of a claimant's request for a change in treating physicians, holding that the claimant's failure to attend an appointment with the timely-authorized alternative physician provided proper grounds for denial. The c
• Aulet v. Jinny M. Castro
  44 So. 3d 140· Fla. 3d DCA· 2010-07-28 ·cited 2×
  A former husband appealed the dismissal of his petition to disestablish paternity and terminate child support after DNA tests showed he was not the biological father. The court affirmed the dismissal, holding that Florida Statute § 742.18 requires DNA tests to be administered wit
• Coleman v. 688 Skate Park Inc.
  40 So. 3d 867· Fla. 2d DCA· 2010-07-21 ·cited 2×
  The court held that the plain language of the lease agreement's guaranty clause made the corporate officer personally liable as a signatory.
• Falcon Tr. Grp., Inc. v. Travelers Cas. & Sur. Co. of Am.
  725 F. Supp. 2d 1363· S.D. Fla.· 2010-07-19 ·cited 2×
  The court held that the insurer had no duty to defend or indemnify because the underlying claims fell within the policy's Contingent Commission Exclusion.
• Lowe v. State
  40 So. 3d 789· Fla. 5th DCA· 2010-07-02 ·cited 2×
  David Lowe appealed his conviction for lewd or lascivious exhibition after pleading nolo contendere, arguing his conduct of placing a dildo in his mouth in view of a child did not constitute the crime as statutorily defined. The Florida Fifth District Court of Appeal reversed, ho
• Doe v. N. River Ins.
  719 F. Supp. 2d 1352· M.D. Fla.· 2010-04-06 ·cited 2×
  The court held that the insurance policy did not cover the sexual molestation claims because the acts were intentional, outside the scope of employment, and not 'accidents' as defined by the policy.
• Brown v. Nationscredit Fin. Servs. Corp.
  32 So. 3d 661· Fla. 1st DCA· 2010-03-10 ·cited 2×
  Appellants filed a class action complaint against mortgage lenders alleging FDUTPA violations, unjust enrichment, and breach of implied duties regarding single premium credit insurance (SPCI) charged on mortgages obtained in 1994-1998. The trial court dismissed the complaint as t
• Hennis v. City Tropics Bistro, Inc.
  1 So. 3d 1152· Fla. 5th DCA· 2009-01-23 ·cited 2×
  Randall Hennis sued City Tropics Bistro for negligent security after being injured in a parking lot altercation. The trial court allowed the jury to apportion fault among Hennis, his opponent Brad Betten, and City Tropics under Florida's comparative fault statute. Hennis appeals,
• Weightman v. State
  990 So. 2d 590· Fla. 5th DCA· 2008-08-08 ·cited 2×
  A conviction for aggravated stalking can be predicated on conduct that is itself criminal, as the statute's plain language does not exclude such acts.
• Fla. Dep't of Revenue v. Piccadilly Cafeterias
  379 B.R. 215· S.D. Fla.· 2006-06-26 ·cited 2×
  The court held that pre-confirmation asset transfers, if necessary to the consummation of a confirmed Chapter 11 plan, are exempt from stamp taxes under 11 U.S.C. § 1146(a).
• Miller v. Scottsdale Ins. Co.
  932 So. 2d 1028· Fla.· 2006-05-18 ·cited 2×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding whether Florida's insurance cancellation statute allows a single cancellation date for an entire policy or permits cancellation at different times for different insureds. The Court held th
• Developers OF Northlake, Inc. v. Northlake Equities, Inc.
  944 So. 2d 1014· Fla. 4th DCA· 2005-09-07 ·cited 2×
  The appellate court reversed the trial court's order enforcing a mediation settlement agreement, agreeing with the appellants that a development fee was not payable until the entire project was sold, not on a pro rata basis as parcels were sold.
• Burger King Corp. v. Lumbermens Mut. Cas. Co.
  410 F. Supp. 2d 1249· S.D. Fla.· 2005-06-30 ·cited 2×
  The court held that the insurance policy did not cover intentional discrimination claims, and BKC's arguments for coverage were unpersuasive.
• Hurtado v. Spanish Broad. Sys. OF Del., Inc.
  904 So. 2d 459· Fla. 3d DCA· 2005-05-04 ·cited 2×
  The court held that the contract clearly required an investment from CGC to SBS for Hurtado to earn a commission, and since no such investment occurred, Hurtado was not entitled to compensation.
• Singh v. Green Thumb Landscaping, Inc.
  390 F. Supp. 2d 1129· M.D. Fla.· 2005-04-04 ·cited 2×
  The court held that an employee cannot bring a retaliation claim under Title VII based solely on close association with a family member who engaged in protected activity, but the employee did engage in protected activity by opposing his wife's harassment.
• AON Risk Servs., Inc. v. Quintec, S.A.
  887 So. 2d 368· Fla. 3d DCA· 2004-09-22 ·cited 2×
  AON Risk Services appealed a summary judgment finding it liable under Florida's Unauthorized Insurer Act for placing a client with an unauthorized insurer (Trade Indemnity). The appellate court affirmed AON's liability under the statute but reversed the damages award, holding tha
• Michel Aouate v. Hotel Europe, Inc.
  792 So. 2d 596· Fla. 3d DCA· 2001-08-15 ·cited 2×
  A trustee for a purchaser appealed a judgment in favor of a hotel seller in a real estate dispute over a purchase agreement. The trial court excluded the purchaser's evidence regarding whether title defects (specifically an equitable lien from a pending lawsuit) were "liquidated
• Shear Homes, Inc. v. Sheppard
  764 So. 2d 705· Fla. 1st DCA· 2000-06-19 ·cited 2×
  Shear Homes appeals an order awarding attorney fees and costs to a claimant's attorney in a workers' compensation case. The court holds that when a claimant elects to seek benefits from the Florida Workers' Compensation Insurance Guaranty Association (FWCIGA) following a self-ins
• Am. Real Est. Holdings Ltd. P'ship v. Twin Cities Invs., Inc.
  740 So. 2d 562· Fla. 4th DCA· 1999-06-23 ·cited 2×
  American Real Estate Holdings and Twin Cities Investors disputed the interpretation of two parking easement agreements governing a 40-acre shopping center. The trial court held that American's customers could not park on or traverse a portion of Twin Cities' property devoted to p
• Hott Interiors, Inc. v. Moustapha Fostock
  721 So. 2d 1236· Fla. 4th DCA· 1998-12-23 ·cited 2×
  Hott Interiors obtained judgments against Moustapha Fostock but recorded them containing only the attorney's address, not the judgment creditor's address. The court held that Florida Statutes section 55.10(1) unambiguously requires the judgment creditor's own address to be includ
• United States v. Lowery
  15 F. Supp. 2d 1348· S.D. Fla.· 1998-08-04 ·cited 2×
  Plea agreements offering leniency in exchange for testimony violate 18 U.S.C. § 201(c)(2), regardless of whether the testimony is truthful or whether the offer comes from the prosecution or the defense.
• Maddox v. State of Fla. ex rel. Curtis Golden
  709 So. 2d 611· Fla. 1st DCA· 1998-04-09 ·cited 2×
  The Florida District Court of Appeal held that a defendant in a civil Deceptive and Unfair Trade Practices Act lawsuit brought by the state attorney may invoke section 501.2091 to stay those proceedings by filing a separate civil action requesting a jury trial. The court rejected
• Patterson v. Union Corr. Inst.
  697 So. 2d 993· Fla. 1st DCA· 1997-08-07 ·cited 2×
  Supplemental benefits under section 440.15(3)(b)l. require satisfaction of all enumerated provisions, not just one.
• State v. Line
  698 So. 2d 318· Fla. 4th DCA· 1997-07-30 ·cited 2×
  The court held that the statute prohibiting suspension of sentence for DUI offenses applies to all violations of section 316.193, not just those involving death.
• Bledsoe v. Palm Beach Soil & Water Conservation Dist.
  942 F. Supp. 1439· S.D. Fla.· 1996-10-17 ·cited 2×
  A broad release signed in a workers' compensation settlement bars subsequent claims under the ADA and Rehabilitation Act, and Title II of the ADA does not create a cause of action for employment discrimination.
• Krischer v. D'Amato
  674 So. 2d 909· Fla. 4th DCA· 1996-06-05 ·cited 2×
  An assistant state attorney is a law enforcement officer as defined by F.S. 111.065(1), and thus information obtained from an insurance company during an arson prosecution may be privileged under F.S. 633.175.
• Broward v. Jacksonville Med. Ctr., Inc.
  673 So. 2d 962· Fla. 1st DCA· 1996-05-23 ·cited 2×
  Workers' compensation benefits, once paid and deposited into a bank account, are no longer exempt from creditors' claims under section 440.22, Florida Statutes, because the statute's language is clear and has not been amended to include deposited funds.
• Serv. Ins. Co. v. The Honorable Lawton Chiles
  660 So. 2d 734· Fla. 1st DCA· 1995-08-01 ·cited 2×
  Service Insurance Company and other insurers challenged the constitutionality of the Florida Hurricane Catastrophe Trust Fund created by chapter 93-409, arguing it violated Article III, Section 19 of the Florida Constitution, which requires trust funds to be created by three-fift
• Kirby Ctr. OF Spring Hill v. State
  650 So. 2d 1060· Fla. 1st DCA· 1995-02-16 ·cited 2×
  Kirby Center of Spring Hill appealed the Department of Labor & Employment Security's determination that its telephone solicitors must be classified as employees for unemployment compensation purposes. The court reversed, holding that telephone solicitors who solicit appointments
• Coastal Petroleum Co. & Almeria T. Cottingham v. State of Fla. Dep't OF Env't Prot.
  649 So. 2d 930· Fla. 1st DCA· 1995-02-09 ·cited 2×
  The Department of Environmental Protection was without authority to require security from Coastal in addition to its payment into the Petroleum Exploration and Production Bond Trust Fund.
• Williams v. State
  647 So. 2d 317· Fla. 1st DCA· 1994-12-20 ·cited 2×
  Priscilla Williams, a former court reporter for Gadsden County, appealed the Department of Management Services' determination that transcription fees she received for criminal proceedings should not be included in her average final compensation for retirement benefits calculation
• BJ OF Leesburg, Inc. v. Coffman
  642 So. 2d 83· Fla. 5th DCA· 1994-09-02 ·cited 2×
  BJ of Leesburg appealed the denial of its contempt motion against former employee Peter Coffman for violating a non-compete agreement. The trial court denied the contempt motion by reinterpreting the stipulated judgment to require highway mileage rather than straight-line radius
• United States v. Kirby Lee Jones
  993 F.2d 1131· 4th Cir.· 1993-05-24 ·cited 2×
  A state's restoration of civil rights to a felon applies only to convictions under that state's laws, not to prior federal convictions.
• Pac. Dunlop Holdings Inc. v. Allen & Co. Inc.
  993 F.2d 578· 7th Cir.· 1993-05-07 ·cited 2×
  Section 12(2) of the Securities Act of 1933 applies to secondary market transactions, not just initial offerings.
• McELROY Elecs. Corp. v. Fed. Commc'ns Comm'n
  990 F.2d 1351· D.C. Cir.· 1993-04-23 ·cited 2×
  The court held that the FCC's Second Report and Order did not provide clear notice that applications for unserved areas could not be filed after the five-year expansion period expired but before the FCC announced specific filing dates and procedures.
• In re Motion TO Unseal Electronic Surveillance Evidence. Howard J. Smith v. Donn H. Lipton
  990 F.2d 1015· 8th Cir.· 1993-04-06 ·cited 2×
  The court held that Title III of the Omnibus Crime Control and Safe Streets Act of 1968 does not authorize pretrial or compelled testimonial disclosure of sealed electronic surveillance evidence to a private civil RICO litigant.
• Spicer v. Honorable J. Jefferson Overby
  613 So. 2d 548· Fla. 3d DCA· 1993-02-02 ·cited 2×
  Robert Spicer sought a writ of prohibition to prevent trial on charges where the circuit court issued a capias without first filing an information against him. The Florida District Court of Appeal granted the petition, holding that statutory law requires an information to be file
• Constr. Interior Sys., Inc. v. Marriott Fam. Rests., Inc.
  984 F.2d 749· 6th Cir.· 1993-01-29 ·cited 2×
  The dissenting judge holds that the contract language is ambiguous, entitling CIS to damages for not being allowed to bid on projects.
• United States v. Splawn
  982 F.2d 414· 10th Cir.· 1992-12-15 ·cited 2×
  Cloned satellite television descramblers are primarily useful for surreptitious interception of electronic communications and thus fall within the prohibition of 18 U.S.C. § 2512(1)(b).
• ST. John's Reg'l Health Ctr. v. Am. Cas. Co. of Reading
  980 F.2d 1222· 8th Cir.· 1992-12-03 ·cited 2×
  The court held that the pooled liability agreement did not cover the event and was not 'other insurance'.
• Bausch & Lomb Inc. v. Bressler
  977 F.2d 720· 2d Cir.· 1992-10-09 ·cited 2×
  The court held that Sonomed materially breached the agreement by failing to provide the contractually required 30-day notice before termination, and that B & L may be entitled to restitution for the $500,000 prepaid royalty, offset by the value of distribution rights received.
• Save Our Community v. U.S. Env't Prot. Agency
  971 F.2d 1155· 5th Cir.· 1992-09-14 ·cited 2×
  The court held that draining wetlands, without a discharge of pollutants, does not constitute a regulated activity under Section 404 of the Clean Water Act, and thus does not require a permit.
• Jones & Scully, Inc. v. O'Connell
  604 So. 2d 867· Fla. 3d DCA· 1992-08-11 ·cited 2×
  The court held that the term 'incremental operating income' in the employment contract is unambiguous and does not include proceeds from the sale of the business, thus the trial court erred in admitting parol evidence.
• In re the Est. OF Hazel Cooper Corbin
  603 So. 2d 127· Fla. 1st DCA· 1992-08-07 ·cited 2×
  The term 'automobiles' in the probate exemption statute does not include a motor home and travel trailer when they were not regularly used as personal vehicles by the decedent or family.
• In re Est. OF Margaret Walker
  609 So. 2d 623· Fla. 4th DCA· 1992-08-05 ·cited 2×
  The dissenting judge would hold that the trial court erred in finding the will ambiguous and admitting extrinsic evidence regarding the personal property bequest.
• In re Alvin and Eddie Mae Washington v. Alvin and Eddie Mae Washington
  967 F.2d 173· 5th Cir.· 1992-08-04 ·cited 2×
  Credit life and disability insurance, when optional and not specifically pledged, does not constitute additional security under 11 U.S.C. § 1322(b)(2) for the purpose of modifying a mortgage on a debtor's principal residence.
• New Castle Cnty. v. Hartford Accident & Indem. Co.
  970 F.2d 1267· 3d Cir.· 1992-07-28 ·cited 2×
  The term 'contaminants' in a pollution exclusion clause is plain and unambiguous and does not carry an implied scienter element, meaning coverage is excluded regardless of whether the insured knew the discharged substance was a contaminant.
• The Progressive Corp. & Subsidiaries v. United States
  970 F.2d 188· 6th Cir.· 1992-07-22 ·cited 2×
  The court held that the plain language of 26 U.S.C. § 246(c)(3) requires reduction of the holding period for stock when the taxpayer holds an option to sell that stock, regardless of whether the taxpayer is in a 'short position'. The court also held that deep-in-the-money call op