Plain Meaning Rule

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

• United States v. Clevon Webster
  127 F.4th 318· 11th Cir.· 2025-01-28 ·cited 1×
  Filing a criminal information, even without a waiver of indictment, institutes the action and tolls the statute of limitations under 18 U.S.C. § 3282(a). A subsequent indictment for the same charges relates back to the timely filed information.
• C. T. v. T. G.
  397 So. 3d 219· Fla. 6th DCA· 2024-11-15 ·cited 1×
  The Sixth District Court of Appeal affirmed a final judgment of paternity while addressing whether Florida Statute § 742.045 authorizes appellate attorney's fees in paternity cases. The court held that the statute does not provide a basis for appellate fees and certified conflict
• Mango v. Mango
  370 So. 3d 370· Fla. 5th DCA· 2023-09-01 ·cited 1×
  A trial court need not make written findings regarding the factors enumerated in section 61.08(2), Florida Statutes, when denying a supplemental petition for alimony modification, because such detailed factual findings are only required after the court first determines that a leg
• Haskin v. Haskin
  399 So. 3d 56· Fla. 3d DCA· 2023-08-16 ·cited 1×
  The appellate court affirmed a trial court's order granting partial summary judgment, holding that a marital settlement agreement required the husband to ensure his children from a prior marriage remained beneficiaries of at least 50% of his estate. The court interpreted the agre
• Meeks v. Strickland
  364 So. 3d 1139· Fla. 6th DCA· 2023-06-09 ·cited 1×
  The appellate court affirmed in part and dismissed in part a lower court's decision. The lower court granted summary judgment to the defendants, finding the plaintiff's lawsuit premature because mediation had not occurred as required by the contract. The appellate court agreed th
• Deloatch v. State
  Fla. 4th DCA· 2023-05-24 ·cited 1×
  A person receiving only substance abuse treatment at a facility does not qualify as a "patient" under Florida Statutes section 394.4593(2) unless the person was held or accepted for mental health treatment as well. When a statute includes an explicit definition of a term, courts
• Mason v. Mason
  358 So. 3d 1287· Fla. 1st DCA· 2023-04-12 ·cited 1×
  The appellate court reversed a trial court's dismissal of a motion for relief from judgment, holding that Florida Family Law Rule of Procedure 12.540(b) has no time limit for motions based on fraudulent financial affidavits. The court certified a question to the Florida Supreme C
• Gesten v. Am. Strategic Ins. Corp.
  339 So. 3d 1008· Fla. 4th DCA· 2022-06-01 ·cited 1×
  An insurance policy that is silent on whether insureds may video and audio record property loss inspections does not prohibit such recording, and ambiguities in insurance policies must be construed in favor of the insured. An insurer's adjuster has no legitimate expectation of pr
• Richman v. Calzaretta
  291 So. 3d 616· Fla. 5th DCA· 2022-05-13 ·cited 1×
  Section 607.1604(1) does not authorize an award of attorney's fees incurred in garnishment proceedings to collect a fee judgment. The statute's language 'enforce its rights under this section' refers only to enforcing the primary right to inspect and copy corporate records, not t
• Onthonio Whyte v. Valentina Eckert Whyte
  Fla. 4th DCA· 2022-03-02 ·cited 1×
  The husband appealed a final judgment dissolving his marriage, challenging the trial court's award of durational alimony for twelve years when the marriage lasted just under twelve years, and the imputation of income used to calculate support. The appellate court reversed the dur
• Progressive Express Ins. Co. v. Ferris
  312 So. 3d 112· Fla. 5th DCA· 2020-07-23 ·cited 1×
  Progressive Express Insurance Company appeals a declaratory judgment determining the priority of uninsured/underinsured motorist (UM) coverage between two policies covering an injured employee. The Fifth District Court of Appeal reversed, holding that State Farm's pro rata UM cov
• City of Miami Beach v. 3098 Alton Rd., LLC
  40 Fla. L. Weekly D2232· Fla. 3d DCA· 2020-07-15 ·cited 1×
  The City of Miami Beach appealed a lower court's order to restore water service to a property owner. The appellate court affirmed, holding that the city's code did not permit it to refuse service based on unpaid fines for unrelated ordinance violations.
• State Farm Fla. Ins. Co. v. Crispin
  44 Fla. L. Weekly D2953· Fla. 5th DCA· 2020-02-06 ·cited 1×
  State Farm challenged whether Crispin's public adjuster, who stood to earn a 10% contingency fee from insurance proceeds, could serve as the "disinterested appraiser" required by the insurance contract's appraisal clause. The Fifth District reversed the trial court and held that
• Harrell v. The Ryland Grp.
  Fla. 1st DCA· 2019-08-13 ·cited 1×
  James Harrell appeals summary judgment dismissing his negligence claim against Ryland Homes for injuries sustained when an attic ladder collapsed in June 2012. The trial court granted summary judgment, finding that Harrell's claim was barred by Florida's ten-year statute of repos
• Crapo v. Gainesville Area Chamber of Commerce, Inc.
  274 So. 3d 453· Fla. 1st DCA· 2019-05-02 ·cited 1×
  The Gainesville Area Chamber of Commerce is entitled to a charitable tax exemption because its economic development activities constitute a "charitable purpose" under section 196.012(7), Florida Statutes, which defines charitable purpose as a function or service for which public
• State v. Morris
  270 So. 3d 436· Fla. 4th DCA· 2019-04-24 ·cited 1×
  # Legal Brief **State of Florida v. Dylan Morris**, 4D18-2470 (Fla. App. 4th Dist. Apr. 24, 2019): The Fourth District Court of Appeal affirmed the trial court's suppression order, holding that a license plate frame does not violate Florida Statute § 316.605(1) where it obscures
• Estape v. Stanley B. Seidman, Ph.d. & Stanley B. Seidman Ph.d., P.A.
  269 So. 3d 565· Fla. 4th DCA· 2019-04-24 ·cited 1×
  Roberto Estape appeals summary judgment in favor of Dr. Stanley Seidman, a psychologist hired as a reunification therapist in Estape's dissolution of marriage proceeding. Estape claimed Dr. Seidman breached fiduciary duty and was negligent by disclosing confidential information t
• Dorsey v. Robinson
  270 So. 3d 462· Fla. 1st DCA· 2019-04-05 ·cited 1×
  The trial court properly applied the MRTA to extinguish the fee simple interests of four appellants in the eighteen-acre parcel because they failed to satisfy the possession exception under section 712.03(3). Only six appellants who demonstrated actual occupation or visible contr
• State v. Pascal Estime
  259 So. 3d 884· Fla. 4th DCA· 2018-12-19 ·cited 1×
  The State appealed a trial court's dismissal of sexual battery charges against Pascal Estime based on expiration of the statute of limitations. The central dispute was whether Florida's statute of limitations extension for DNA-identified offenders applied when the victim had prev
• Five Seas Invs. v. Guzman
  258 So. 3d 569· Fla. 3d DCA· 2018-11-28 ·cited 1×
  An easement agreement granting air rights must be interpreted according to contract interpretation rules, giving effect to plain meaning and explicit limitations. The agreement here limited air rights to a specific elevation range (+45.75 to +115.00 feet), and balconies extending
• Dep't of Revenue O/B/O Kathryn E. Salyer v. Vobroucek
  259 So. 3d 228· Fla. 2d DCA· 2018-11-09 ·cited 1×
  The Department of Revenue (DOR) appeals a circuit court's denial of its supplemental petition to extend Kevin Vobroucek's child support obligation beyond his daughter's eighteenth birthday to cover her remaining high school months. The circuit court ruled it lacked subject matter
• Bank OF Am., N.A. v. Eastridge
  253 So. 3d 722· Fla. 5th DCA· 2018-08-10 ·cited 1×
  Bank of America appeals a default judgment awarding unencumbered title to the property to the Eastridges based on adverse possession. The Florida Fifth District Court of Appeal reversed, holding that Florida law still requires seven continuous years of adverse possession, not mer
• State v. Grate
  252 So. 3d 351· Fla. 5th DCA· 2018-07-27 ·cited 1×
  The State of Florida appealed a circuit court's denial of its petition for a writ of quo warranto challenging the Office of Public Defender's authority to intervene in civil traffic infraction cases. The court reversed, holding that public defenders lack statutory authority to re
• Morris v. MGZ Props., LLC.
  251 So. 3d 929· Fla. 4th DCA· 2018-07-18 ·cited 1×
  The term "sale" in a contract is unambiguous and means any transfer of title, including foreclosure sales, and must be applied according to its plain and ordinary meaning without resort to parol evidence.
• Boulineau v. Dep't of Hwy. Safety & Motor
  247 So. 3d 660· Fla. 1st DCA· 2018-05-18 ·cited 1×
  Section 322.28(2)(e) creates a legal fiction that the earlier offense is deemed a prior conviction for purposes of driver's license revocation, even when both convictions are entered on the same date. Therefore, a second DUI offense occurring within five years of an earlier offen
• Wells v. Wells
  239 So. 3d 179· Fla. 2d DCA· 2018-02-14 ·cited 1×
  A marital settlement agreement provision granting exclusive use and possession of a home "through the daughter's minority and college years (4 years post high school)" reasonably requires the sale of the property after the daughter completes college, and should not be interpreted
• Metro Butner v. State
  217 So. 3d 1162· Fla. 2d DCA· 2017-04-28 ·cited 1×
  Metro Butner was convicted by jury of attempted second-degree murder, aggravated assault with a firearm, and shooting within a building. The appellate court affirmed the convictions but reversed the consecutive sentencing on two counts, finding the trial court erroneously believe
• Ducksbury v. Progressive Express Ins. Co. & Progressive Select Ins. Co.
  211 So. 3d 73· Fla. 4th DCA· 2017-01-18 ·cited 1×
  The court held that the phrase 'being transported by' in an insurance policy exclusion does not require dominion and control, and applies when the insured's vehicle is conveying the property.
• Forest Brooke/Hillsborough, LLC v. Henriquez
  194 So. 3d 1091· Fla. 2d DCA· 2016-06-29 ·cited 1×
  Forest Brooke challenged its 2008 Hillsborough County property tax assessment but failed to timely pay 2009 taxes. The trial court dismissed for lack of jurisdiction under Florida Statute 194.171(5), but the appellate court reversed, holding that the statute's plain language only
• Broward Teachers Union v. The Sch. Bd. OF Broward Cnty.
  199 So. 3d 997· Fla. 4th DCA· 2016-06-22 ·cited 1×
  Broward Teachers Union challenged the School Board's interpretation of a Florida statute governing salary schedules for teachers after the 2014 implementation of performance-based pay. The court affirmed that teachers on annual contracts as of July 1, 2014, must be placed on the
• Morejon v. Mariners Hosp., Inc.
  197 So. 3d 591· Fla. 3d DCA· 2016-06-08 ·cited 1×
  Dr. Orlando Morejon and his wife sued Mariners Hospital for violating Florida's anti-dumping statute (section 395.1041) by allegedly failing to transfer Dr. Morejon to another hospital when he presented with an emergency condition. The appellate court affirmed the trial court's d
• Pardue v. State
  176 So. 3d 340· Fla. 1st DCA· 2015-09-09 ·cited 1×
  Lee Calvin Pardue appealed his convictions for 25 counts of possession of child sexual abuse material (CSAM), arguing that multiple convictions for possessing different images of the same conduct on the same date violated double jeopardy protections. The Florida appellate court a
• Fiel v. Hoffman
  169 So. 3d 1274· Fla. 4th DCA· 2015-07-29 ·cited 1×
  The Florida Fourth District Court of Appeal held that Florida's Slayer Statute bars only the murderer from inheriting, not the murderer's children or stepchildren, but remanded for trial on whether the entire will was procured through undue influence by the murderer, which would
• Alachua Cnty. v. Expedia, Inc.
  175 So. 3d 730· Fla.· 2015-06-11 ·cited 1×
  The Florida Supreme Court resolved whether the Tourist Development Tax (TDT) applies to the total amounts online travel companies (OTCs) charge customers for hotel reservations, or only to the amounts hotels actually receive. The Court held that the TDT applies solely to the tran
• Dena J. Ulisano v. Ulisano
  154 So. 3d 507· Fla. 4th DCA· 2015-01-07 ·cited 1×
  The head of family exemption from garnishment applies to non-residents of Florida because the statute was amended in 1993 to remove the residency requirement.
• Snell v. Mott's Contracting Servs., Inc.
  141 So. 3d 605· Fla. 2d DCA· 2014-05-21 ·cited 1×
  In this second-tier certiorari proceeding, the Florida District Court of Appeal reversed the circuit court's decision awarding attorney's fees to a construction contractor under the Construction Lien Law, holding that an arbitrator lacked authority to determine entitlement to fee
• Wing v. Wing
  129 So. 3d 1116· Fla. 1st DCA· 2013-12-20 ·cited 1×
  In this family law appeal, the Florida District Court of Appeal reversed a trial court's order permitting the former wife to relocate with the parties' minor children to Italy, holding that the trial court failed to apply the mandatory statutory requirements of Florida Statute §
• N.S. v. Dep't of Child. & Families
  119 So. 3d 558· Fla. 5th DCA· 2013-08-26 ·cited 1×
  A mother appealed the denial of her motion for attorney's fees as sanctions against the Department of Children and Families (DCF) in a dependency proceeding. The lower court held that section 284.30, Florida Statutes, required notice to the Department of Financial Services (DFS)
• Berkovich v. CASA Paradiso N., Inc.
  125 So. 3d 938· Fla. 4th DCA· 2013-05-29 ·cited 1×
  A unit owner appealed a summary judgment in favor of a housing cooperative, challenging the validity of bylaw amendments allegedly adopted without a quorum present. The appellate court agreed, holding that absentee ballots cannot be counted toward establishing a quorum and that s
• O'Meara v. State
  125 So. 3d 871· Fla. 4th DCA· 2013-04-10 ·cited 1×
  Patrick O'Meara was convicted of aggravated battery after striking a victim with a .380 caliber handgun during a robbery. The Fourth District affirmed, holding that using a firearm as a bludgeon constitutes use of a deadly weapon under Florida's aggravated battery statute, regard
• Am. Integrity Ins. Co. of Fla. v. Gainey
  100 So. 3d 720· Fla. 2d DCA· 2012-09-28 ·cited 1×
  American Integrity Insurance Company appeals a trial court order granting the insured's motion to enjoin appraisal proceedings based on the insurer's alleged failure to provide timely notice of mediation under Florida Statute § 627.7015. The court reversed, holding that the statu
• Socc, P.L. v. State Farm Mut. Auto. Ins. Co.
  95 So. 3d 903· Fla. 5th DCA· 2012-07-13 ·cited 1×
  A medical provider (SOCC) appealed summary judgment in favor of State Farm, which refused to pay for certain medical services billed under personal injury protection (PIP) insurance based on National Correct Coding Initiative (NCCI) edits. The court held that the NCCI edits are n
• V.P. v. State of Fla. & Dep't of Juv. Just.
  72 So. 3d 788· Fla. 4th DCA· 2011-10-19 ·cited 1×
  A juvenile petitioned for habeas corpus challenging a trial court's placement on home detention with electronic monitoring and an 8 p.m. curfew pending placement in a moderate-risk residential program. The Fourth District Court of Appeal held that Florida Statutes section 985.27(
• Smith v. NEW Hampshire Indem. Co.
  60 So. 3d 429· Fla. 1st DCA· 2011-03-16 ·cited 1×
  Gerald Smith appealed a summary judgment dismissing his declaratory action and breach of contract claim against New Hampshire Indemnity Company (NHIC) regarding the cancellation of his auto insurance policy. The court affirmed, holding that Florida Statute § 627.7282, which gover
• Calderon v. State
  52 So. 3d 813· Fla. 3d DCA· 2011-01-19 ·cited 1×
  Manuel Calderon appeals his conviction for conspiracy to commit first-degree murder, challenging whether the prosecution was timely under Florida's statute of limitations. The court affirms, holding that a conspiracy to commit first-degree murder can constitute a felony "that res
• Bolanos v. Workforce Alliance & Am-Comp/Pinnacle & Arbor Educ. & Training/Rescare & Specialty Risk Servs.
  23 So. 3d 171· Fla. 1st DCA· 2009-10-27 ·cited 1×
  A workers' compensation claimant argued that a workforce development organization and job training provider qualified as his "employer" under Florida law, making them liable for benefits after he was injured at a job they helped him obtain. The court held that neither entity sati
• Fontainebleau Las Vegas, LLC v. Bank of Am.
  417 B.R. 651· S.D. Fla.· 2009-08-26 ·cited 1×
  The court held that the term 'fully drawn' in the Credit Agreement unambiguously means 'fully funded,' and even if ambiguous, the defendants were entitled to reject the notice due to plaintiff's default.
• A.J.M. v. Fla. Dep't of Law Enf't
  15 So. 3d 707· Fla. 3d DCA· 2009-07-01 ·cited 1×
  A.J.M. sought a certificate of eligibility to seal his criminal history record for a cocaine possession charge that resulted in a withheld adjudication, but the Florida Department of Law Enforcement denied the request because other charges from the same arrest (DUI and DWLS) rema
• Lopez v. ML 3, LLC
  607 F. Supp. 2d 1310· N.D. Fla.· 2009-04-15 ·cited 1×
  The Credit Repair Organizations Act applies only to entities that act as credit repair organizations, not to car dealerships arranging financing.
• Creative Choice XXV, Ltd. v. Fla. Hous. Fin. Corp.
  991 So. 2d 899· Fla. 1st DCA· 2008-07-17 ·cited 1×
  Creative Choice challenged Florida Housing Finance Corporation's categorical denial of its workforce housing loan application based solely on the fact that the housing was already built. The court held that the statutory language of section 420.5095(4) does not prohibit considera