Plain Meaning Rule

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

• Hoak v. NCR
  11th Cir.· 2025-08-26
  The court held that NCR's lump-sum payments to participants adversely affected their accrued benefits, breaching the terms of the top hat plans.
• Perfection Bakeries Inc v. Retail Wholesale & Dept Store Int'l Union
  11th Cir.· 2025-08-01
  Perfection Bakeries paid withdrawal liability into a multiemployer pension fund when it ceased contributing to the fund at its Michigan and Indiana facilities, and the dispute centered on when the fund should apply a credit for the earlier partial withdrawal against the liability
• United States v. Kluge
  11th Cir.· 2025-07-31
  The court held that the plain meaning of 'images' in U.S.S.G. § 2G2.2(b)(7) includes each video frame, and that a jury trial is not constitutionally required for factual findings underlying restitution awards.
• Regueiro v. Am. Airlines, Inc.
  11th Cir.· 2025-07-30
  The court held that the Helms-Burton Act does not require a plaintiff to be a U.S. national at the time of property confiscation or when acquiring an interest in the property.
• Gorecki v. Comm'r, Soc. Sec. Admin.
  11th Cir.· 2025-07-14
  The Federal Vacancies Reform Act authorized Nancy Berryhill's second stint as Acting Commissioner, allowing her to ratify the appointment of the administrative law judge who denied the plaintiff's benefits application.
• Steak N Shake, Inc. v. Ramos
  415 So. 3d 107· Fla.· 2025-07-10
  The Florida Supreme Court held that a claimant need not specifically reference the Florida Civil Rights Act (FCRA) in a discrimination charge dual-filed with the EEOC and Florida Commission on Human Relations to exhaust administrative remedies, even when the charge only reference
• April 28
  Del.· 2025-04-28
  The Court reversed the Court of Chancery's order granting dismissal, holding that the final sentence of Section 9.3.2(a) of the Merger Agreement clearly establishes a condition precedent that can trigger a forfeiture for noncompliance with the notice requirements. However, becaus
• United States v. Schreck
  130 F.4th 1297· 11th Cir.· 2025-03-13
  Sufficient evidence supports convictions for using a passport obtained by a false statement and for making a false statement in a passport application.
• Mycarrier, LLC v. PROJECT44, LLC
  Del. Ch.· 2025-03-03
  The court denied Project44's motion for a preliminary injunction, finding that while Project44 was likely to succeed on its breach of contract claims, it failed to demonstrate a likelihood of irreparable harm. The alleged harm, primarily lost revenue from a single customer accoun
• Pesantes v. Kelley
  406 So. 3d 340· Fla. 3d DCA· 2025-02-26
  The right to prevailing party attorney's fees under a real estate contract's fee-shifting provision is triggered only when the parties have complied with the contract's mandatory pre-suit mediation requirement and reached an impasse, such that the litigation is "permitted by" the
• Discovery Global Opportunity Master Fund, Ltd. v. HERTZ Global Holdings, Inc.
  Del. Ch.· 2025-02-07
  The Court granted Hertz's motion to dismiss, finding that the transactions alleged by Discovery did not constitute a 'Reorganization Event' or 'Change of Control Event' under the plain and unambiguous terms of the warrant agreement. The Court held that the repurchase of shares an
• Schauer v. Mitchell
  Fla. 1st DCA· 2025-01-23
  Samantha Schauer appeals a trial court order establishing Bryan Mitchell's paternity and denying her emergency motion for a child pick-up order. The First District Court of Appeal affirmed, holding that paternity was properly established through voluntary acknowledgment (Mitchell
• Randon Wilkerson v. State of Del.
  Del.· 2025-01-07
  The Court held that a person who knowingly introduces an unlawful intoxicating substance into their body is precluded from presenting an involuntary intoxication defense, even if the substance differs from what they believed they were taking or produces unanticipated effects. The
• K. D. v. State
  Fla. 6th DCA· 2024-12-20
  When a trial court is alerted to a possible discovery violation during a juvenile delinquency proceeding, it must conduct a Richardson hearing to assess the violation and resulting prejudice. Where such a hearing should have been held but was not, reversal is required unless the
• Barnes v. State
  Fla. 1st DCA· 2024-12-18
  Aaron Barnes was charged with aggravated animal cruelty for shooting two dogs that had killed his chickens. The Florida First District Court of Appeal reversed the trial court's denial of his motion to dismiss, holding that section 767.03 of the Florida Statutes provided him with
• Smart Commc'ns Holding, Inc. v. Correct Solutions, LLC
  M.D. Fla.· 2024-12-13
  The court held that Smart Communications failed to provide contractually compliant goods, and both parties' claims for breach of contract and implied covenant of good faith and fair dealing failed due to contractual disclaimers or lack of proof.
• Fla. Chem. Supply v. Westchester Surplus Lines Ins. Co.
  M.D. Fla.· 2024-12-04
  The court held that the insurer is entitled to summary judgment because the insured failed to timely report the claim under the 'Sudden and Accidental Premises Pollution Liability Endorsement,' and the 'Contractors Pollution Liability Endorsement' does not provide coverage due to
• Quinn-Davis v. TrueAccord Corp.
  S.D. Fla.· 2024-11-19
  The court held that a debt collector 'communicates with' a consumer under the FDCPA and FCCPA only when the consumer receives or opens an electronic communication, not when it is sent.
• United Cab of Broward, LLC v. Nathalia Muller
  397 So. 3d 80· Fla. 4th DCA· 2024-11-13
  A defendant driver appeals the trial court's denial of attorney's fees following rejection of a proposal for settlement (PFS) in a negligence case. The trial court invalidated the PFS for failing to state whether it included or excluded setoffs. The appellate court reversed, hold
• Abramov v. NextGear Cap., Inc.
  Fla. 3d DCA· 2024-11-06
  Abramov appeals a garnishment order denying his claim of exemption for funds in a joint account with his wife. The Third District Court of Appeal reversed, holding that Abramov's timely filing of a claim of exemption that identified him as a joint spouse was sufficient to preserv
• Incident365 Fla., LLC v. Ocean Pointe IV Condo. Ass'n, Inc.
  Fla. 3d DCA· 2024-10-02
  Incident365, a disaster mitigation company, sued three condominium associations for breach of contract and unjust enrichment after they refused to pay approximately $1 million for post-hurricane water damage remediation services. The trial court granted summary judgment for the a
• Incident365 Fla., LLC v. Ocean Pointe III Condo. Ass'n, Inc.
  Fla. 3d DCA· 2024-10-02
  Incident365, a disaster mitigation company, sued condominium associations to enforce service agreements for water damage restoration work following Hurricane Irma. The trial court granted summary judgment against Incident on the ground that the work required a building contractor
• Manimal Land Co., Inc. v. Healthcare Appraisers, Inc.
  Fla. 4th DCA· 2024-09-25
  A trial court cannot rewrite a contract to make it more reasonable for one party or to relieve a party from an unfavorable bargain; the plain language of an unambiguous contract controls its interpretation.
• Sec. Bldg. Miami, LLC. v. Sompo Am. Ins. Co.
  S.D. Fla.· 2024-09-16
  The court held that the property was vacant or unoccupied for over sixty consecutive days prior to the loss, and therefore, the vacancy exclusion in the insurance policy applied, barring coverage.
• NEW Start Holdings, LLC.
  Del. Ch.· 2024-09-04
  The Court of Chancery held that the plaintiffs' claims were barred by the doctrine of unclean hands due to their fraudulent conduct and presentation of false evidence. The court also found that no partnership existed between Wallace and Double Forest, and that the agreements for
• Benchmark Invs. LLC v. Pacer Advisors, Inc
  Del. Super. Ct.· 2024-07-29
  The appellate court affirmed the trial court's decision, holding that the plaintiff's notices of intent to terminate the agreement constituted a valid termination under the contract. The court found the relevant contract provisions unambiguous and that the plaintiff's subjective
• Callaway v. Del. Examining Bd. of Physical Therapists & Athletic Trainers
  Del. Ch.· 2024-07-26
  The Court held that 24 Del. C. 2616(a)(8) violates the Fourteenth Amendment's Equal Protection Clause because it arbitrarily imposes restrictions on physical therapists and athletic trainers that are not imposed on similarly situated healthcare providers, and the Board failed to
• State v. Delmetrice Rogers
  Fla. 1st DCA· 2024-07-24
  Florida's trial court suppressed evidence obtained through a wiretap authorized by the State Prosecutor, finding that the Statewide Prosecutor is not a "principal prosecuting attorney of any political subdivision" under the Federal Wiretap Act. The appellate court affirmed, holdi
• Pleasant Hill Christian Church Ministries, Inc. v. Ohio Sec. Ins. Co.
  M.D. Fla.· 2024-06-18
  A party seeking appraisal under an insurance policy must first comply with all post-loss obligations, including submitting a proper proof of loss and cooperating with the insurer's investigation.
• Riad
  Del.· 2024-06-10
  The Delaware Supreme Court held that the state's dog bite statute, which imposes strict liability on dog owners, applies to animal welfare organizations. The court reversed the Superior Court's grant of summary judgment, finding that the statute's text is unambiguous and does not
• Noble Eagle Sales, LLC
  Del. Super. Ct.· 2024-06-04
  The court held that the term "sporting equipment" in the insurance policy's rental exclusion was ambiguous. Because the exclusion was ambiguous and the insurer failed to demonstrate it unambiguously applied, the insured was entitled to coverage, defense, and indemnity for the inc
• Richard v. Reyes
  Fla. 3d DCA· 2024-05-29
  Christopher Richard sought a writ of habeas corpus after a trial court denied his request for release on his own recognizance following 49 days in custody without formal charges being filed. The Third District Court of Appeal granted the petition, holding that Florida Rule of Cri
• Himawan
  Del. Ch.· 2024-04-30
  The Court held that the defendants did not breach the Merger Agreement's "commercially reasonable efforts" (CRE) clause. The Court found that the defendants' actions, including Cephalon's termination of RSZ development for EoE after multiple failed attempts to gain FDA approval a
• KMG Props., LLC v. Owl Constr., LLC
  393 So. 3d 240· Fla. 2d DCA· 2024-04-24
  A return of service is regular on its face when it recites the date, time, manner, and name of the person served as required by § 48.21, even if it does not use the label 'substitute service.' Service on a representative of a registered agent who is authorized to accept process s
• Invictus Special Situations Master I, L.P. v. Invictus Global Mgmt., LLC
  Del. Ch.· 2024-04-17
  The court entered judgment for the plaintiff on counts for breach of contract, declaratory judgment, and injunctive relief, finding that the defendants breached the management agreement by failing to provide the plaintiff fund with access to its books and records. The court held
• Cardinal Point, LLC v. Edgewood P'rs Ins. Ctr., Inc.
  S.D. Fla.· 2024-04-16
  Cardinal Point, LLC and its members sold their healthcare reinsurance distribution business to EPIC Holdings in 2019 under an Asset Purchase Agreement with an earnout structure, but the business significantly underperformed projections and EPIC stopped operations and terminated t
• Marlin Constr. Grp. v. Kris Bollinger
  412 So. 3d 812· Fla. 6th DCA· 2024-04-03
  Marlin Construction Group appealed a jury verdict awarding Kris Bollinger unpaid sales commissions, arguing that because Bollinger sold roofing services without a contractor's license, their contract was unenforceable under Florida law. The court affirmed, holding that Bollinger
• K.M. v. K.B.
  Fla. 4th DCA· 2024-03-13
  Home confinement with terms enabling a parent to be involved in the child's care and well-being does not constitute incarceration for purposes of terminating parental rights under § 39.806(1)(d). Incarceration requires confinement in a governmental institution such that liberty i
• Nautilus Ins. Co. v. Pinnacle Eng'g & Dev., Inc.
  S.D. Fla.· 2024-03-04
  Nautilus Insurance Company sought a declaratory judgment that it had no duty to defend or indemnify Emuna Construction and Pinnacle Engineering under commercial general liability policies for property damage claims arising from underground utility work performed on a 57-unit town
• Bartolotta v. Bartolotta
  Fla. 2d DCA· 2024-02-28
  The appellate court reversed a trial court's interpretation of a marital settlement agreement (MSA). The court held that the MSA's clear language regarding the equal distribution of retirement benefits controlled over statutory definitions of marital assets, meaning the former wi
• Steele v. Comm'r of Soc. Sec.
  Fla.· 2024-02-15
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding the inheritance rights of posthumously conceived children under Florida law. The Court held that "provided for" in Fla. Stat. § 742.17(4) requires the decedent's will to actually give some
• Mocombe v. State
  Fla. 3d DCA· 2024-02-14
  A pocketknife cannot constitute an unlawful antishoplifting or inventory control device countermeasure under Florida Statutes § 812.015(7) unless it was designed, manufactured, modified, or altered to defeat such devices.
• In re FOX Corp.
  Del.· 2024-01-17
  The Delaware Supreme Court affirmed the Court of Chancery's judgment, holding that officer exculpation charter amendments did not require a separate class vote of non-voting Class A common stockholders. The Court reasoned that the 'powers, preferences, or special rights' triggeri
• United Auto. Ins. Co. v. Iso-Diagnostics Testing, Inc.
  Fla. 4th DCA· 2024-01-10
  An insurance policy that incorporates the No-Fault Act "as amended" is governed by the statute in effect at the time of payout. Under the 2015 amendment defining "year" as "service year" (March 1 through February 28), United correctly paid based on the 2016 fee schedule for a Feb
• D.S. Eakins Const. Corp v. Travelers Prop. Cas. Co.
  S.D. Fla.· 2024-01-09
  The court held that the Errors or Unintentional Omissions provision did not apply to the leased wheel loader because it was already covered under a different policy category, and that the Debris Removal provision did not cover the removal of the concrete structure as it was not '
• Saad Remodeling & Custom Home Builders, Inc. v. Reyes FC Servs. Corp.
  Fla. 4th DCA· 2023-12-20
  Section 68.065, Florida Statutes, does not authorize an award of attorney's fees and costs to the maker or drawer of a worthless check who prevails on a statutory claim; fees are recoverable only by the payee. The statute's plain language and the 1986 legislative amendment removi
• Flagler Holdings VI Beta, Inc. v. Airline Accommodations Solutions, LLC
  Del. Ch.· 2023-12-19
  The court denied the plaintiffs' motion for partial judgment on the pleadings, finding that their current interpretation of a non-compete agreement provision was inconsistent with their prior arguments and was unreasonable. The court held that the provision required an actual ent
• Cardinal Point, LLC v. Edgewood P'rs Ins. Ctr., Inc.
  S.D. Fla.· 2023-12-11
  Cardinal Point, LLC and its members sold their healthcare reinsurance business to EPIC through an Asset Purchase Agreement that tied the purchase price to future performance over four years, with the members also entering into employment agreements with EPIC. The members sued EPI
• State Farm Fla. Ins. Co. v. Joretha M. James
  374 So. 3d 934· Fla. 5th DCA· 2023-12-01
  A policyholder "incurs" tear-out costs under a homeowners insurance policy when she becomes liable for the expense by entering a reasonable repair contract, without requiring the contract to be non-voidable or requiring the policyholder to actually expend funds beforehand. An ins
• Perez v. State
  Fla. 2d DCA· 2023-11-29
  A defendant must be credited for all time served in county jail before sentencing, including time spent in custody on the day of sentencing before placement with the Department of Corrections. Florida Administrative Code Rule 23-21.011, which governs state prison time calculation