Plain Meaning Rule

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

• Churchville v. Gacs Inc.
  973 So. 2d 1212· Fla. 1st DCA· 2008-01-23 ·cited 1×
  The Churchvilles appealed a summary judgment dismissing their tort claim against GACS, arguing that a workers' compensation settlement release was ambiguous regarding whether GACS, as a sister company of their former employer, was covered. The court affirmed, holding that the ter
• Andrew v. Shands AT Lake Shore, Inc.
  970 So. 2d 887· Fla. 1st DCA· 2007-12-20 ·cited 1×
  The court reversed a trial court's dismissal of a wrongful death medical negligence claim against a private hospital, holding that sovereign immunity protecting a state-employed radiologist does not extend to shield the private hospital from liability for the radiologist's neglig
• Scottsdale Ins. v. Cutz, LLC
  543 F. Supp. 2d 1310· S.D. Fla.· 2007-03-09 ·cited 1×
  The court held that G & G Laboratories, Inc. is not an 'insured' or 'additional insured' under the insurance policy because the term 'operator' in the endorsement, when viewed in context of the application, refers to practitioners at the barbershop, not the lessor.
• Oak Ford Owners Ass'n v. Auto-Owners Ins.
  510 F. Supp. 2d 812· M.D. Fla.· 2007-02-28 ·cited 1×
  The court held that the property damage to the creek arose during the plaintiff's dredging operations, and therefore, it is excluded from coverage under Exclusion 2j(5) of the CGL policy.
• Baez v. Wagner & Hunt, P.A.
  442 F. Supp. 2d 1273· S.D. Fla.· 2006-07-19 ·cited 1×
  A debt collection letter requiring disputes to be made 'in writing' violates the FDCPA because the statute does not impose such a requirement.
• Health Options, Inc. v. Kabeller
  932 So. 2d 416· Fla. 2d DCA· 2006-04-21 ·cited 1×
  Health Options, Inc. appeals a summary judgment in favor of Betty A. Kabeller, who sought reimbursement for experimental TheraSphere radiation treatment for metastatic carcinoid cancer. The court reverses, finding the trial court erroneously relied on a violation of Florida's HMO
• Osceola Cnty. Sch. Bd. & Fla. Sch. Bd. Ins. Tr. v. Arace
  884 So. 2d 1003· Fla. 1st DCA· 2004-10-01 ·cited 1×
  This workers' compensation appeal addresses the definition of "initial provision of benefits" under Florida Statute section 440.20(4). The court held that this phrase refers to the date of a claimant's first visit to an authorized physician, which triggers the 120-day period with
• USA Interactive v. Dow Lohnes & Albertson, P.L.L.C.
  328 F. Supp. 2d 1294· M.D. Fla.· 2004-08-04 ·cited 1×
  USA Interactive and related entities sued their former attorneys, Defendants John Feore and Dow Lohnes & Albertson, P.L.L.C., for legal malpractice and breach of fiduciary duty arising from the drafting of an option agreement in 1990. The option granted Interactive the right to p
• Manuel v. Dep't of Child. & Fam. Servs.
  880 So. 2d 714· Fla. 2d DCA· 2004-05-07 ·cited 1×
  Dorothy Manuel appealed a DCFS decision denying temporary cash assistance benefits for dependent children in her care, arguing the plain language of Florida's statute permitted eligibility based on residence in a DCFS-approved setting, not just blood relationship. The court rever
• Fla. Dep't OF Fin. Servs. v. Riscorp Ins. Co.
  871 So. 2d 261· Fla. 1st DCA· 2004-03-16 ·cited 1×
  The Florida Department of Financial Services appealed trial court judgments ordering refunds to insurance companies (RISCORP and FHM) for alleged overpayments into workers' compensation trust funds. The court reversed as to reinsurance premium deductions, holding that 'net premiu
• Am. Bankers Ins. Grp., Inc. v. United States
  308 F. Supp. 2d 1360· S.D. Fla.· 2004-01-29 ·cited 1×
  The court held that the federal excise tax on toll telephone service applies even if the toll charge varies only by elapsed time and not by distance, as the statute's intent was to tax all commercial long-distance telephone services.
• Robbins v. Racetrack Training Ctr., Inc.
  833 So. 2d 306· Fla. 3d DCA· 2003-01-02 ·cited 1×
  The Property Appraiser of Miami-Dade County denied agricultural classification for a 13.65-acre property used exclusively for boarding and training thoroughbred racing horses, assessing it at $615,708. The Florida District Court of Appeal affirmed summary judgment for Racetrack T
• Harris v. Cotton States Mut. Ins. Co.
  821 So. 2d 1211· Fla. 1st DCA· 2002-07-26 ·cited 1×
  Harris appeals a summary judgment denying PIP coverage for injuries sustained in a Louisiana car accident while he was a passenger in a rental vehicle. The court affirmed, holding that the unambiguous language of the Florida endorsement to Harris's insurance policy excluded PIP c
• Voyeur Dorm, LC v. City of Tampa
  121 F. Supp. 2d 1373· M.D. Fla.· 2000-11-07 ·cited 1×
  The court held that the internet-based adult entertainment business constituted an adult use under the city code and that the ordinance was properly adopted based on secondary effects, even if the internet was not specifically contemplated.
• Pub. Health Tr. of Miami-Dade Cnty. v. State
  751 So. 2d 112· Fla. 3d DCA· 2000-01-05 ·cited 1×
  The court held that the Public Health Trust lacked standing to appeal the Agency's preliminary award of a certificate of need because it was not located in the same health service planning district as the applicant, as required by statute.
• Alejandre v. Republic of Cuba
  42 F. Supp. 2d 1317· S.D. Fla.· 1999-03-18 ·cited 1×
  The court held that the President's waiver of section 117 was valid, meaning the Garnishees' Cuban assets remain blocked and exempt from attachment or execution.
• Fla. Publ'g Co. v. State
  706 So. 2d 54· Fla. 1st DCA· 1998-01-27 ·cited 1×
  Florida Publishing Company appealed the denial of a mandamus petition seeking access to an executed search warrant and related materials held by the court. The court held that Florida Rule of Judicial Administration 2.051(c)(8) incorporates statutory exemptions from disclosure, i
• Brown v. The City OF Jacksonville Beach
  696 So. 2d 946· Fla. 1st DCA· 1997-07-11 ·cited 1×
  Paul Brown appealed a summary judgment ruling that his retirement contract violated Florida Statute § 215.425, which prohibits extra compensation after services are rendered. The First District Court of Appeal reversed in part, holding that because Brown was still actively employ
• Keller v. Pub. Emps. Relations Comm'n
  691 So. 2d 36· Fla. 5th DCA· 1997-04-04 ·cited 1×
  Charles Keller appeals PERC's dismissal of his complaint seeking veteran's preference for promotion to lieutenant with the Volusia County Sheriff's Department. The court affirms, holding that Florida Statute § 295.09(1)(c) limits veteran's preference to only the first promotion a
• Mallory v. Harkness
  895 F. Supp. 1556· S.D. Fla.· 1995-07-07 ·cited 1×
  The court held that Florida Statute § 43.29(1)(a), which mandates race and gender-based quotas for Judicial Nominating Commissions, violates the Fourteenth Amendment's Equal Protection Clause and is therefore unconstitutional.
• Nicoll v. The Honorable Franklin G. Baker
  652 So. 2d 417· Fla. 2d DCA· 1995-03-15 ·cited 1×
  The court held that the plain language of the amended statute excludes alimony enforcement under URESA unless child support is also being enforced.
• Curtin R. Coleman, II v. Coleman
  629 So. 2d 103· Fla.· 1993-10-21 ·cited 1×
  The Florida Supreme Court resolved a direct conflict between district courts regarding whether income deduction orders can be used to enforce alimony obligations when the former spouse has no minor children. The Court held that income deduction orders properly enforce alimony obl
• S. Farm Bureau Life Ins. Co. v. Lou Ann Moore
  993 F.2d 98· 5th Cir.· 1993-06-15 ·cited 1×
  The court held that the abuse of discretion standard of review applies to a plan administrator's factual determination of cause of death under an ERISA plan, and that the policy exclusion for death contributed to by disease applied even if an accident was the proximate cause.
• Versyss Inc. v. Coopers AND Lybrand
  982 F.2d 653· 1st Cir.· 1992-12-30 ·cited 1×
  Section 11 of the Securities Act of 1933 should impose liability on Coopers & Lybrand because the merger constituted an acquisition of NDS stock.
• United States v. Reyes
  782 F. Supp. 609· S.D. Fla.· 1992-01-15 ·cited 1×
  The court held that the term 'cocaine base' in 21 U.S.C. § 841(b)(1)(A)(iii) and U.S.S.G. § 2D1.1(c)(2) is not limited to 'crack' and encompasses other smokable, non-water-soluble forms of cocaine base. The substance in question, being smokable and chemically similar to crack, fa
• Zapata Haynie Corp. v. Arthur
  926 F.2d 484· 5th Cir.· 1991-03-21 ·cited 1×
  A district court does not have the power to stay a state court proceeding against a ship's master pending disposition of a limitation proceeding brought by the ship's owners, as 46 U.S.C.App. § 187 explicitly reserves remedies against masters.
• Emmons v. Commissioner OF Internal Revenue
  898 F.2d 50· 5th Cir.· 1990-04-11 ·cited 1×
  The court held that late-filed tax returns are considered filed upon receipt by the IRS, not the postmark date, for the purpose of the statute of limitations.
• Nelda Allen v. Sec'y OF Health & Human Servs.
  837 F.2d 267· 6th Cir.· 1988-01-19 ·cited 1×
  The court held that the "determined" date for applying the supplemental security income benefits windfall offset provision refers to the date of the final adjudication of disability benefits, not the date of initial entitlement.
• United States v. Mesa
  641 F. Supp. 796· S.D. Fla.· 1986-08-26 ·cited 1×
  The court held that while 18 U.S.C. § 3147 authorizes an enhanced penalty for offenses committed while on release, the defendant was improperly sentenced under it due to a lack of procedural safeguards.
• Crown Diversified Indus., Inc. v. Watt
  415 So. 2d 803· Fla. 4th DCA· 1982-06-16 ·cited 1×
  A mobile home park owner has the right to make permanent improvements requiring displacement of tenants, provided the change is in 'use' of the land and not solely a zoning change.
• Charter Air Ctr., Inc. v. Fla. Pub. Serv. Comm'n
  503 F. Supp. 243· N.D. Fla.· 1980-12-22 ·cited 1×
  An exemption from regulation by the Civil Aeronautics Board does not constitute a grant of authority under Title IV of the Federal Aviation Act, and therefore does not preempt state regulation of air carriers.
• State Farm Mut. Auto. Ins. Co. v. Oliver
  406 F.2d 409· 6th Cir.· 1969-01-21 ·cited 1×
  The court held that the term 'family' in an insurance exclusion clause, when construed by its plain and ordinary meaning, does not include two retired school teachers living together and sharing expenses but not related by blood or marriage.
• Smith v. State Bd. of Law Exam'rs
  9 Fla. Supp. 66· Leon Cty. Cir. Ct.· 1955-07-15 ·cited 1×
  Smith sought mandamus to compel the State Board of Law Examiners to admit him to practice under Florida's diploma privilege statute. The court held that the statutory requirement of being "enrolled" as a student by July 25, 1951 means enrollment in its ordinary sense, not attenda
• Alters v. Villoldo
  Fla. 3d DCA· 2026-08-27
  When contract language is clear and unambiguous, it must be interpreted and enforced according to its plain meaning.
• Yarima Moreno v. People's Tr. Ins. Co.
  Fla. 4th DCA· 2026-05-13
  The presuit notice requirement under Florida Statute § 627.70152(3)(a) is suit-specific, requiring a new notice of intent to litigate for each new lawsuit filed, not merely for each claim. A homeowner who voluntarily dismisses a lawsuit and then refiles an identical suit must pro
• Escobar v. Citizens Prop. Ins. Corp.
  Fla. 3d DCA· 2026-03-25
  The Third District Court of Appeal affirmed a summary judgment for an insurer, holding that a fallen piece of drywall from a bathroom ceiling did not constitute a "collapse" under the homeowner's policy. The court found that drywall is not considered "part of the building" for th
• Zambrano v. Wanderu, Inc.
  S.D. Fla.· 2026-02-05
  The court held that Wanderu is not a reseller under Fla. Stat. § 817.36, and therefore, the statute's fee limitation does not apply to Wanderu's service fees.
• Palma v. Regions Bank
  Fla. 3d DCA· 2026-02-04
  Armando Palma appeals from an order denying his motion to quash a writ of garnishment, arguing that a release of lien executed by Regions Bank precluded further collection efforts on a judgment. The Third District Court of Appeal affirmed, holding that the release of lien only di
• Flex Ltd. v. Nextracker Inc.
  Del. Ch.· 2026-01-21
  Flex Ltd. sought payment from Nextracker for a Q3 2024 tax distribution ($48.5 million) covering pre-spin-off earnings, claiming breach of separation agreement provisions. The Delaware Court of Chancery held that the Tax Matters Agreement, executed on the spin-off date, specifica
• WIA Holdings LLC
  Del. Ch.· 2026-01-20
  In a post-closing acquisition dispute, WIA Holdings and its affiliates sued the sellers (Scottish American Capital LLC and its managing member Paul Thomson) for breaches of a Securities Purchase Agreement representing and warranting the sale of an insurance business. The Delaware
• Holcomb v. Safety Specialty Ins. Co.
  M.D. Fla.· 2026-01-13
  The court held that the phrase 'Detached Garage Under Construction' in the insurance policy's exclusion is descriptive and not a condition for coverage, thus excluding damages to the garage from recovery.
• Twp. Cap., LLC v. Audent Global Asset Mgmt.
  Del. Ch.· 2026-01-06
  The Delaware Court of Chancery resolved a dispute over whether a settlement term sheet between Township Capital and Audent Global Asset Management eliminated Township's right to recover $277,288.51 in unpaid management fees and expense reimbursements accrued before January 1, 202
• Fox One, LLC v. City of Miami
  Fla. 3d DCA· 2025-12-03
  Fox One, LLC appeals the dismissal of its class action lawsuit seeking refunds of building permitting and inspection fees paid to the City of Miami before the effective date of the 2019 Florida Building Codes Act amendments. The court reversed the dismissal, holding that the stat
• Russell v. Fla. Dep't of Corr.
  Fla. 1st DCA· 2025-11-26
  An arbitrator exceeds his authority under a collective bargaining agreement when he mitigates an otherwise lawful disciplinary dismissal based on a timeliness requirement inconsistent with the statutory limitations period provided in Florida law for disciplinary actions against c
• Cheriese Johnson v. Reliance Standard Life Ins. Co.
  11th Cir.· 2025-11-21
  The court held that an insurance company's interpretation of a preexisting condition clause, which denied benefits for a disability based on treatment for symptoms not inconsistent with the condition (but not the condition itself), was unreasonable and arbitrary.
• MPS Monitor S.R.L. v. Oberon Americas, Inc.
  M.D. Fla.· 2025-11-06
  A party waives its right to enforce a forum-selection clause if it files claims falling within that clause in a forum other than the one specified in the agreement.
• King v. Markel Am. Ins. Co.
  M.D. Fla.· 2025-11-05
  The court held that a plaintiff must plead sufficient factual content to support a claim of ambiguity in an insurance policy, and that discovery cannot be used to find a claim.
• Puga v. Assistant Field Off. Dir.
  S.D. Fla.· 2025-10-15
  The court held that Petitioner, who entered the U.S. without inspection and was detained, is not subject to mandatory detention under INA section 1225(b)(2)(A) but rather under section 1226(a), entitling him to an individualized bond hearing.
• L. Squared Indus., Inc. v. Nautilus Ins. Co.
  11th Cir.· 2025-10-15
  A breach of a claims-made policy's seven-day notice provision does not automatically bar coverage if the insured provides notice within the policy period; the insurer must demonstrate prejudice.
• PeopleGuru, Inc. v. Med. Man Techs., Inc.
  M.D. Fla.· 2025-09-30
  The court held that the defendant materially breached the contract by failing to provide timely notice of non-renewal, and the contract's language regarding notice was clear and unambiguous.