Plain Meaning Rule

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

• L.O.G. Whaley and wife v. TWO Haynes Enters., Inc.
  534 So. 2d 415· Fla. 1st DCA· 1988-07-13 ·cited 2×
  The court held that the trial court erred in expanding the non-compete clause beyond its plain language to enjoin advertising of specific brands as 'surfing logos'.
• Martin J. Simko Constr., Inc. v. The United States
  852 F.2d 540· Fed. Cir.· 1988-07-06 ·cited 2×
  The Contract Disputes Act does not require the government's fraud counterclaims or Special Plea in Fraud to be subject to a contracting officer's decision before the Claims Court can exercise jurisdiction.
• McLAUGHLIN v. Asarco, Inc.
  841 F.2d 1006· 9th Cir.· 1988-03-16 ·cited 2×
  The court held that the plain language of the regulation requires employers to include overtime pay in medical removal protection benefits, as it is intended to prevent any economic loss to removed employees.
• United States v. City OF Rancho Palos Verdes
  841 F.2d 329· 9th Cir.· 1988-03-09 ·cited 2×
  A municipal corporation is not a 'person' under the Endangered Species Act because the statutory definition, when applied to a municipality, creates a logical inconsistency.
• Arlin M. Adams and Neysa C. Adams v. Commissioner OF Internal Revenue
  841 F.2d 62· 3d Cir.· 1988-03-07 ·cited 2×
  The court held that federal judges were not active participants in a retirement plan established by the United States, thus allowing them to deduct contributions to their Individual Retirement Accounts (IRAs).
• United States v. Tonry
  837 F.2d 1281· 5th Cir.· 1988-02-10 ·cited 2×
  The majority incorrectly held that the Louisiana Commercial Bribery Statute does not cover the bribery of a tribal official acting as a fiduciary.
• Royal Inv. & Dev. Corp. v. Monty's AIR Conditioning Serv., Inc.
  511 So. 2d 419· Fla. 4th DCA· 1987-08-12 ·cited 2×
  A contractor appeals a summary judgment dismissing its set-off and counterclaim against a subcontractor for deficient work. The court holds that paragraph 11.10 of the subcontract, which requires three days' written notice before a contractor can deduct costs for remedying defici
• Edward E. Gillen Co. v. United States
  825 F.2d 1155· 7th Cir.· 1987-08-03 ·cited 2×
  A contractual provision requiring a contractor to indemnify the government for losses arising in whole or in part from the contractor's negligence, even if the government is also negligent, is enforceable if clear and unambiguous.
• United States v. Teretha Hermon
  817 F.2d 1300· 7th Cir.· 1987-05-06 ·cited 2×
  The court held that 18 U.S.C. § 1010 proscribes making fraudulent statements for the purpose of obtaining rent subsidies administered by HUD, not just loan transactions.
• Pope v. Bethesda Health Ctr., Inc.
  813 F.2d 1306· 4th Cir.· 1987-03-18 ·cited 2×
  The settlement agreement and release executed by the employee bars her subsequent wrongful discharge action.
• Derry Fin. N.V. v. The Christiana Cos., Inc.
  797 F.2d 1210· 3d Cir.· 1986-08-01 ·cited 2×
  The court held that AARK's failure to pay the required cash sum at closing triggered the exculpatory clause in the Christiana recourse notes, relieving Christiana of liability, and that Christiana was not estopped from asserting this defense.
• Brock v. ELY Grp., Inc.
  788 F.2d 1200· 6th Cir.· 1986-04-23 ·cited 2×
  The dissenting judge would reverse the lower court's decision, disagreeing with the majority's literal interpretation of the Fair Labor Standards Act.
• State v. The Miami Herald Publ'g Co.
  479 So. 2d 158· Fla. 4th DCA· 1985-11-13 ·cited 2×
  The Florida Supreme Court reversed a writ of mandamus ordering the Department of Health and Rehabilitative Services to disclose child abuse investigation records to The Miami Herald. The court held that section 415.51, Florida Statutes, unambiguously protects the confidentiality
• Pittsburgh Nat'l Bank v. United States
  771 F.2d 73· 3d Cir.· 1985-08-30 ·cited 2×
  A financial institution is not entitled to reimbursement under the Right to Financial Privacy Act for costs incurred in producing corporate financial records, as corporations are not considered 'customers' under the Act.
• Waltman v. United States
  618 F. Supp. 718· M.D. Fla.· 1985-08-14 ·cited 2×
  The court held that the penalty under 26 U.S.C. § 6700 applies to each individual sale of an interest in a tax shelter, not just the total income derived from all sales.
• Killings v. In re Est. OF Billy Burks
  473 So. 2d 827· Fla. 1st DCA· 1985-08-09 ·cited 2×
  The court held that under Florida law, automobiles used by a decedent are considered exempt personal property and pass to minor children, subject to any perfected security interest.
• United States v. Archambault
  767 F.2d 402· 8th Cir.· 1985-06-25 ·cited 2×
  The court held that 18 U.S.C. § 658 applies to property secured by chattel mortgages or security agreements, and the evidence was sufficient to support the convictions.
• Fla. Optometric Ass'n v. Firestone
  465 So. 2d 1319· Fla. 1st DCA· 1985-03-15 ·cited 2×
  The Florida Optometric Association challenged the Governor's veto of Senate Bill 168, arguing that because the bill was presented after the Legislature adjourned sine die, the Governor had only seven days to veto it under Article III, Section 8(a) of the Florida Constitution, not
• Maas v. Dubuque Packing Co.
  754 F.2d 287· 8th Cir.· 1985-02-08 ·cited 2×
  The Board has authority over actuarial computations and funding levels, but not the effectiveness of termination notices. Section 8.2 of the Plan grants a unilateral right to terminate, which is not superseded by Section 9.4(c).
• Haeberle v. Tex. Int'l Airlines
  738 F.2d 1434· 5th Cir.· 1984-08-20 ·cited 2×
  The court held that the district court should consider extrinsic evidence to determine the meaning of contract terms regarding aircraft condition upon return.
• Lumbermens Mut. Cas. Co. v. Acosta
  452 So. 2d 1060· Fla. 3d DCA· 1984-07-10 ·cited 2×
  Lumbermens Mutual Casualty Company appeals a summary judgment holding that "dependent relatives" under Florida's personal injury protection insurance statute means financially dependent relatives, not merely relatives dependent on the named insured for insurance coverage. The cou
• Am. Fed'n OF Gov't Emps. v. United States Dep't OF Just.
  738 F.2d 742· 6th Cir.· 1984-07-09 ·cited 2×
  A labor union lacks standing to petition for judicial review of an arbitrator's award upholding an employee's discharge under the Civil Service Reform Act.
• Schwenke v. Secretary OF THE Interior
  720 F.2d 571· 9th Cir.· 1983-10-14 ·cited 2×
  The court held that Executive Order 7509 established a limited priority for wildlife, not an absolute one, and that the 1976 Amendments did not revoke this priority scheme but did change the governing statute to the National Wildlife Refuge System Administration Act.
• Goddard v. State
  438 So. 2d 110· Fla. 1st DCA· 1983-09-13 ·cited 2×
  James Wesley Goddard was convicted under Florida Statute § 812.019(2) for initiating, planning, and trafficking in stolen property that he personally stole. The First District Court of Appeal affirmed his conviction, holding that the statute's plain language applies to a common t
• State v. Press Wiggins
  425 So. 2d 621· Fla. 4th DCA· 1983-01-12 ·cited 2×
  Florida appealed the dismissal of charges against Wiggins, who was incarcerated federally and had detainers filed by multiple Florida counties. The court affirmed dismissal, holding that under Florida's Interstate Agreement on Detainers statute, when a prisoner requests final dis
• State v. Erling Knud Ove Hansen, Jr.
  404 So. 2d 199· Fla. 1st DCA· 1981-10-06 ·cited 2×
  Florida appeals the dismissal of a capital felony sexual battery count against Hansen. The trial judge dismissed the count based on perceived statutory ambiguity between two provisions of Florida's sexual battery statute, but the appellate court found no fatal ambiguity and rever
• United States v. Olmo
  642 F.2d 280· 9th Cir.· 1981-03-16 ·cited 2×
  The court held that the district court did not err in sentencing the appellants to life imprisonment without the benefit of the Youth Corrections Act.
• Neisner Bros., Inc. v. Palm Corp.
  394 So. 2d 1106· Fla. 3d DCA· 1981-03-10 ·cited 2×
  Neisner Brothers, a tenant at Sunny Isles Shopping Center, challenged the landlord Palm Corporation's agreement to lease parking lot space to the Homers for restaurant construction. The court reversed summary judgment for the landlord, holding that the tenant's lease required wri
• Cook v. State
  381 So. 2d 1368· Fla.· 1980-03-27 ·cited 2×
• Ayres v. The Prudential Ins. Co. OF Am.
  602 F.2d 1309· 9th Cir.· 1979-05-23 ·cited 2×
  The dissenting judge believes the district court properly interpreted the insurance contract's exclusion clause as ambiguous, and therefore coverage should be afforded to the plaintiff.
• del Toro v. Allstate Ins. Co.
  360 So. 2d 432· Fla. 3d DCA· 1978-06-13 ·cited 2×
  Del Toro sought underinsured motorist benefits from Allstate after being injured by a tortfeasor with only $20,000 in liability coverage, while Del Toro's own policy provided $20,000 in underinsured motorist coverage. The court reversed summary judgment for Allstate, holding that
• Marriott In-Flite Servs. v. Local 504, AIR Transp. Div., Transp. Workers OF Am., AFL-CIO
  557 F.2d 295· 2d Cir.· 1977-05-24 ·cited 2×
  A union organized under the Railway Labor Act is a "labor organization" subject to the secondary boycott provisions of the National Labor Relations Act, despite literal statutory definitions to the contrary.
• The Equitable Life Assurance Soc'y OF the United States v. Pinon
  344 So. 2d 880· Fla. 3d DCA· 1977-03-22 ·cited 2×
  The appellate court reviewed a trial court's finding of ambiguity in an insurance policy's 'Other Medical Expense Coverage' provision, which had led to a summary judgment for the insured.
• Int'l Tel. & Tel. Corp. & Int'l Standard Elec. Corp. v. The United States
  536 F.2d 1361· Ct. Cl.· 1976-06-16 ·cited 2×
  The court affirmed the trial judge's opinion, holding that Congress did not intend to repeal 35 U.S.C. § 91 by enacting subsequent legislation.
• United States v. Browning
  518 F.2d 714· 10th Cir.· 1975-06-23 ·cited 2×
  The court held that the consent order was clear and unambiguous, prohibiting the dissemination of price lists to dealers without the required disclaimer, regardless of whether the dealers intended to pass them to consumers.
• Leigh v. State of Fla. ex rel. Joann Kirkpatrick
  298 So. 2d 215· Fla. 1st DCA· 1974-08-06 ·cited 2×
  The court held that Chapter 73-120, Laws of Florida, specifically Section 3 (Fla. Stat. § 847.09), limits the abrogation of county and municipal ordinances to those concerning obscene motion pictures and similar performances, not magazines.
• Myre v. Conn. Gen. Life Ins. Co.
  501 F.2d 609· 8th Cir.· 1974-07-19 ·cited 2×
  The court held that the insurance policy's endorsement was ambiguous and must be construed against the insurer, entitling the plaintiff to the full amount of term insurance.
• Osepchook v. Gateway Ins. Co.
  298 So. 2d 169· Fla. 4th DCA· 1974-07-05 ·cited 2×
  The Florida appellate court affirmed summary judgment for an insurance company denying property damage coverage to an insured whose vehicle was damaged when he swerved to avoid another vehicle that cut in front of him, holding that physical contact between vehicles is a prerequis
• The Kan. State Bank & Tr. Co. v. OLD Am. Ins. Co.
  491 F.2d 307· 10th Cir.· 1974-02-05 ·cited 2×
  The court held that the term 'automobile' as defined in the insurance policy, and according to its common and ordinary meaning, does not include a motorcycle.
• Webster Outdoor Advertising Co. v. City OF Miami
  256 So. 2d 556· Fla. 3d DCA· 1972-01-13 ·cited 2×
  Webster Outdoor Advertising Company challenged Miami's 1965 ordinance requiring removal of nonconforming billboard signs within five years, arguing the removal requirement could not apply to signs that became nonconforming before 1965. The court upheld the ordinance, holding that
• Phillips v. Gov't Emps. Ins. Co.
  395 F.2d 166· 6th Cir.· 1968-05-16 ·cited 2×
  The court held that the term 'owner' in the insurance policy was not ambiguous and did not include the son of the actual owner who had temporary possession of the vehicle.
• Maerine Stokes v. Liberty Mut. Ins. Co.
  202 So. 2d 794· Fla. 3d DCA· 1967-10-03 ·cited 2×
  Maerine and Arthur Stokes sought recovery for the wrongful death of their stillborn child under Florida's Wrongful Death of Minors Act (§ 768.03). The court affirmed the lower court's ruling that the statute applies only to minor children born alive and does not extend to stillbo
• Pac. FAR E. Line, Inc. v. United States
  255 F.2d 182· D.C. Cir.· 1958-05-01 ·cited 2×
  The court held that it lacks jurisdiction to review the Federal Maritime Board's order denying an application under the Merchant Marine Act of 1936, as the Judicial Review Act of 1950 limits review to orders under the Shipping Act of 1916 and the Intercoastal Shipping Act of 1933
• Adeline C. Moncrief v. Folsom
  233 F.2d 471· 4th Cir.· 1956-04-09 ·cited 2×
  The court held that the statutory language unambiguously excludes benefits if any part of the veteran's service period was used for another federal benefit.
• Marmon v. R.R. Ret. Bd.
  218 F.2d 716· 3d Cir.· 1955-01-27 ·cited 2×
  The court held that a discharge or retirement prior to the enactment date of the Railroad Retirement Act terminates an "employment relation," precluding an annuity claim, even if the separation was due to disability.
• United States v. Eagle Star INS. Co.
  201 F.2d 764· 9th Cir.· 1953-01-30 ·cited 2×
  The dissenting judge believes the majority opinion incorrectly found ambiguity in an insurance contract's plain language, contrary to Washington law.
• Leroux & Co., Inc. v. Merchs. Distilling Corp.
  165 F.2d 481· 7th Cir.· 1948-01-21 ·cited 2×
  The court held that the contract's renewal clause, requiring notice from each party, was unambiguous and did not conflict with the option for renewal periods.
• Hooker v. N.Y. Life Ins. Co.
  161 F.2d 852· 7th Cir.· 1947-05-08 ·cited 2×
  The dissenting judge believes the majority opinion incorrectly construed the insurance policy's war exclusion clause.
• Fed. Deposit Ins. Corp. v. Winton
  131 F.2d 780· 6th Cir.· 1942-12-02 ·cited 2×
  The court held that withdrawals made after the termination of a bank's insured status are to be deducted from the depositor's insured deposits, regardless of whether the withdrawals were from original or subsequent deposits.
• Maxey v. State
  Fla. 6th DCA· 2026-03-06 ·cited 1×
  Ryan Maxey appeals a trial court order vacating its prior decision granting his motion to remove the sex offender registration requirement under Florida Statute section 943.04354. The court affirmed the vacation order, holding that Maxey did not qualify for removal under the stat