Plain Meaning Rule

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

• Daniel
  Del.· 2023-01-06
  The Delaware Supreme Court affirmed the Court of Chancery's judgment, holding that the irrevocable proxy did not run with the Majority Shares. The court found that Delaware law requires irrevocable proxies to clearly and unambiguously state that they will continue with the shares
• White v. Russell
  Del. Ch.· 2023-01-05
  The Court of Chancery recommends granting the Buyer's motion for summary judgment and denying the Sellers' motion. The Court found that a valid and enforceable contract existed between the parties, that the Sellers' performance was not excused, and that the Buyer was entitled to
• BBD Beach, LLC v. Bayberry Dunes Ass'n
  Del. Ch.· 2022-12-30
  The Court recommends denial of the homeowners association's motion for judgment on the pleadings. The deed restrictions provide enforceable standards that apply to the proposed swimming pool, but material factual issues remain regarding the architectural review committee's decisi
• Havana Docks Corp. v. Norwegian Cruise Line Holdings, Ltd.
  S.D. Fla.· 2022-12-30
  The court granted the plaintiff's motion for entry of final judgment, holding that damages are calculated based on the full certified claim plus interest and treble damages, and that such statutory damages are not unconstitutionally excessive.
• ERB v. Chubb Nat'l Ins. Co.
  Fla. 3d DCA· 2022-12-14
  Raymond Erb appealed an order compelling arbitration with his insurer, arguing the insurer waived its right to arbitrate by failing to timely demand arbitration within one year of the loss as required by the insurance contract. The Third District Court of Appeal reversed, holding
• Garavan v. Miami-Dade Cnty.
  Fla. 3d DCA· 2022-12-07
  Dr. Garavan, a deputy medical examiner terminated by Miami-Dade County, sought temporary reinstatement under Florida's Whistleblower Act. The trial court denied reinstatement, holding that counties are municipalities exempt from the temporary reinstatement requirement and that Ga
• Bell Transp., LLC. v. In re Forfeiture of (1) 1993 Peterbilt Semi Truck
  Fla. 2d DCA· 2022-11-30
  The appellate court reversed a trial court's order that found probable cause for the seizure of a truck. The court held that the Department of Highway Safety and Motor Vehicles failed to file its application for a probable cause determination within the statutory ten-business-day
• Meinecke v. State
  Fla. 2d DCA· 2022-11-30
  The appellate court affirmed a defendant's convictions for trespass in a school safety zone and disruption of a school function. The court rejected the defendant's arguments that the statutes were unconstitutionally vague or overbroad, finding they were narrowly tailored to prote
• THE Kidwell Grp., LLC v. ASI Preferred Ins. Corp.
  351 So. 3d 1176· Fla. 5th DCA· 2022-11-22
  An insurer has standing to challenge an assignment of insurance proceeds that fails to comply with section 627.7152(2)(d) because the statute renders non-complying assignments "invalid and unenforceable," which are terms distinct from "voidable" and give the insurer authority to
• State v. Mouyid BIN Islam
  Fla. 2d DCA· 2022-11-16
  This case concerns whether the State of Florida can appeal a hearing official's dismissal of a noncriminal traffic citation. The court held that the relevant statute does not expressly grant the State this right, thus the circuit court lacks jurisdiction over such appeals.
• Rosa v. Safepoint Ins. Co.
  Fla. 5th DCA· 2022-11-14
  Rust or corrosion of pipes is an act of nature within the plain meaning of that phrase in an insurance policy's Water Damage Exclusion Endorsement, and therefore the exclusion applies to preclude coverage regardless of whether the corrosion was preventable or controllable.
• Kirby v. C.A. No. K22A-02-003 NEP THE Kent Cnty. Bd. OF Adjustment
  Del. Super. Ct.· 2022-10-26
  The Court reversed the Board of Adjustment's decision, finding that Mr. Kirby's proposed construction met the definition of an accessory cottage under the Kent County Code. The Court held that the Code's definition of an accessory cottage, requiring it to be 'contained in a detac
• Houston Specialty Ins. Co. v. Fenstersheib
  S.D. Fla.· 2022-09-30
  Houston Specialty Insurance Company, which issued a professional-liability insurance policy to a law firm, sought a declaration of no coverage for claims arising from an employee's embezzlement of client funds that had been placed in the firm's trust account under medical provide
• AR Fam. Invs., LLC v. Scottsdale Ins. Co.
  S.D. Fla.· 2022-09-30
  The court held that the insurance policy did not cover the contents of the buildings because the declarations page did not list a separate limit of insurance for such property.
• Houston Specialty Ins. Co. v. Fenstersheib
  S.D. Fla.· 2022-09-29
  Houston Specialty Insurance Company sought a declaration that it had no coverage obligation under a professional liability policy issued to a law firm whose case manager had embezzled millions of dollars from client trust accounts, which led to a lawsuit by medical providers. The
• Chabad of Key Biscayne, Inc. v. Scottsdale Ins. Co.
  S.D. Fla.· 2022-09-28
  The court held that the insurance policy's Water Exclusion applied to the damage caused by a broken sewer pipe due to wear and tear, and the Water Damage Exception did not apply to sewer backups, limiting coverage to the $5,000 Sewer Coverage Extension.
• v. ID. No. 2008005629 Samuel Palmer
  Del. Super. Ct.· 2022-09-27
  The Court held that the statute requiring a defendant to have been "at least twice previously convicted of a felony" for enhanced sentencing necessitates two separate felony conviction proceedings. Since the defendant's two prior felony convictions arose from a single plea and se
• Havana Docks Corp. v. Royal Caribbean Cruises, Ltd.
  S.D. Fla.· 2022-08-31
  The court held that the interest rate for Title III damages is the weekly average 1-year constant maturity Treasury yield from the date of confiscation to the date the action was brought, interest is simple, and the trebling provision applies to the certified claim plus interest.
• Araguel v. Bryan
  Fla. 1st DCA· 2022-08-17
  The appellate court reversed a trial court's decision that allowed an emergency temporary guardian to retain a deceased ward's Individual Retirement Accounts (IRAs) to cover guardianship fees and costs. The court found that Florida statutes exempt IRAs from such claims, as the gu
• 1906 Collins LLC v. Romero
  Fla. 3d DCA· 2022-08-17
  An employment agreement's arbitration provision does not compel arbitration of claims seeking to enforce or breach non-solicitation and non-compete covenants when Section 6F of the agreement explicitly permits the employer to seek injunctive relief in court for violations of thos
• Liberty Mut. Ins. Co. v. PAN AM Diagnostic Servs., Inc.
  347 So. 3d 7· Fla. 4th DCA· 2022-08-17
  The appellate court reversed an award of attorney's fees to an insurance provider who sued for 14 cents in unpaid statutory interest on a PIP benefit. The court held that statutory interest is not a "benefit" under the relevant statutes, and therefore, attorney's fees are not rec
• Denied
  Del. Super. Ct.· 2022-08-15
  The court held that the "prior knowledge exclusion" in the warranty letters, incorporated into the excess insurance policies, barred coverage for the noticed matters. Consequently, the Insureds' motion for advancement of defense costs was denied, and the Insurers' motion for summ
• Raik v. Dep't of Legal Affairs
  344 So. 3d 540· Fla. 1st DCA· 2022-07-13
  The appellate court reversed the denial of victim compensation to a surviving spouse whose husband was killed in a vehicular homicide. The court found that the Bureau of Victim Compensation had misinterpreted the Florida Crimes Compensation Act by excluding such claims, contrary
• Murdock v. Am. Mar. Officers Union Nat'l Executive Bd.
  S.D. Fla.· 2022-07-12
  The court held that claims against the union's executive board are cognizable under the LMRDA, but claims for breach of the union constitution are not cognizable under the LMRA and supplemental jurisdiction is declined.
• Hudson Cap. Props. IV, LLC v. Odicho Iecho
  341 So. 3d 1196· Fla. 2d DCA· 2022-07-08
  The appellate court reversed a lower court's denial of a motion to dismiss, finding that Florida courts lacked personal jurisdiction over Hudson Capital Properties IV, LLC. The court determined that Hudson Capital's actions, including procuring insurance for a Florida property an
• Jennings
  Del. Ch.· 2022-06-29
  The Court held that the City of Seaford's ordinance mandating cremation or interment of all fetal remains was preempted by state law and therefore invalid. Delaware law establishes a specific scheme for the disposal of human remains, requiring an official record of death for crem
• AL Andary v. Heath Walsh and AMY Walsh
  Fla. 2d DCA· 2022-06-24
  The appellate court granted a petition for writ of certiorari, quashing a lower court's order that denied a motion to dismiss a medical malpractice complaint. The court found that the plaintiff's presuit expert opinion letter was not properly verified as required by statute, thus
• Tuna Fam. Mgmt Inc. v. All Tr. Mgmt. Inc.
  S.D. Fla.· 2022-06-22
  Tuna Family Mgmt Inc. and others sold a seafood restaurant called The Twisted Tuna and its parent company to defendants in 2018 through a transaction financed partly by the plaintiffs, who also granted the defendants a license to use The Twisted Tuna trademark within a specific g
• Stream TV Networks, Inc.
  Del.· 2022-06-15
  The Court held that the Omnibus Agreement constituted an 'Asset Transfer' under Stream's charter, requiring a majority vote of Class B stockholders. Therefore, the Resolution Committee lacked the authority to approve the agreement without such a vote. The Court also clarified tha
• In re Final Report of the 20th Statewide Grand Jury Case #3 v. -
  Fla. 4th DCA· 2022-06-15
  This case concerns whether a statewide grand jury had the jurisdiction to investigate school safety issues and issue a report. The appellate court affirmed the lower court's denial of petitions to repress the report, except for two paragraphs containing allegations of criminal co
• In re Final Report of the 20th Statewide Grand Jury Case #4 v. -
  Fla. 4th DCA· 2022-06-15
  This case concerns whether a statewide grand jury's report on school safety issues exceeded its jurisdiction. The appellate court affirmed the lower court's decision to deny petitions to repress the report, except for two paragraphs containing allegations of criminal conduct outs
• In re Final Report of the 20th Statewide Grand Jury Case #2 v. -
  Fla. 4th DCA· 2022-06-15
  This case concerns whether a statewide grand jury had the jurisdiction to investigate school safety issues and issue a report, and whether parts of that report should be repressed from public view. The court affirmed the grand jury's jurisdiction to investigate and report on issu
• In re Final Report of the 20th Statewide Grand Jury Case #1 v. -
  Fla. 4th DCA· 2022-06-15
  This case addresses whether a statewide grand jury had the jurisdiction to investigate school safety issues and issue a report. The appellate court affirmed the lower court's decision to deny the petitions to repress the report, except for two paragraphs containing allegations of
• Eaton v. Principal Life Ins. Co.
  M.D. Fla.· 2022-03-31
  The court held that the plain language of the agency contracts and commission schedules barred post-termination trail commissions for PVAs sold by the plaintiff.
• Perrin v. DE Soleil S. Beach Ass'n, Inc.
  Fla. 3d DCA· 2022-03-30
  Amber Perrin appealed the trial court's order denying her motion to enforce a settlement agreement against De Soleil South Beach Association, Inc. regarding repairs to her condominium unit. The court affirmed, finding that the plain language of the settlement agreement required P
• Archimedean Acad., Inc. v. THE Sch. Bd. of Miami-Dade Cnty.
  Fla. 3d DCA· 2022-03-16
  This case concerns whether charter schools are entitled to a proportional share of funds generated by a voter-approved referendum for school operational purposes. The appellate court reversed the lower court's decision, holding that charter schools must receive these funds based
• City of Aventura v. THE Sch. Bd. of Miami Dade Cnty. Fla.
  Fla. 3d DCA· 2022-03-16
  The City of Aventura and Archimedean Academy appeal a summary judgment in favor of the School Board of Miami-Dade County regarding whether charter schools must receive proportional shares of funds generated by a 2018 voter-approved referendum for school operational purposes. The
• Walsh Haupt & Assocs., Inc. v. Westchester Surplus Lines Ins. Co.
  M.D. Fla.· 2022-03-04
  The court held that the insurance policy's plain language requires direct physical loss or damage to property for business interruption coverage, which was not alleged by the plaintiff.
• Onthonio Whyte v. Valentina Eckert Whyte
  Fla. 4th DCA· 2022-03-02
  The appellate court reversed a durational alimony award because it exceeded the statutory length of the marriage and was based on imputed income without sufficient evidence. The court affirmed all other aspects of the final judgment.
• Larry and Ellen Vickery v. City of Pensacola
  342 So. 3d 249· Fla. 1st DCA· 2022-02-16
  The appellate court reversed a lower court's denial of a motion to dissolve a temporary injunction. The court held that a state statute, which allows homeowners to remove dangerous trees with documentation from a certified arborist, preempts local ordinances requiring permits for
• Agnelli v. Lennox Miami Corp.
  S.D. Fla.· 2022-02-11
  The court held that a genuine issue of material fact exists regarding whether the plaintiff was terminated for cause, but the liquidated damages clause in the employment agreement is an unenforceable penalty.
• ABA Interior Inc. v. THE Owen Grp. Corp.
  338 So. 3d 264· Fla. 4th DCA· 2022-02-09
  The appellate court partially reversed a summary judgment for a general contractor, finding that while a subcontractor's failure to obtain local licenses could preclude litigation in that county, it did not automatically mean all work was unlicensed or that the contract was mater
• In re Forum Mobile
  Del. Ch.· 2022-02-03
  The Court of Chancery correctly denied the petition to appoint a custodian for a defunct Delaware corporation under Section 226(a)(3) of the Delaware General Corporation Law. The court held that the plain language of Section 226(b) limits the authority of a custodian appointed fo
• Romero v. Fields Motorcars of Fla., Inc.
  Fla. 5th DCA· 2022-01-06
  The court addresses whether Florida Statute section 627.736(4)(f) mandates that medical payments (med pay) coverage be extended to individuals not otherwise insured for med pay, simply because they are insured for Personal Injury Protection (PIP) coverage.
• Kellerman v. THE Bd. of Trs. of the City of Hollywood Firefighters' Pension Sys.
  Fla. 4th DCA· 2022-01-05
  This case concerns whether retired firefighters who left service before a specific ordinance was enacted are entitled to a supplemental pension benefit. The appellate court reversed the dismissal, finding the retirees had standing to sue based on the ordinance's plain language.
• Arcadia Solutions, LLC v. Bethune Cookman Univ.
  M.D. Fla.· 2022-01-04
  The court held that the National Defense Authorization Act's whistleblower protection provision does not extend to independent contractors of federal grantees or their employees. The court also declined to exercise supplemental jurisdiction over the state law breach of contract c
• Jane Doe 4 v. Choice Hotels Int'l, Inc.
  11th Cir.· 2021-12-22
  The court held that to state a claim for beneficiary liability under the TVPRA, a plaintiff must allege the defendant knowingly benefited from participating in a venture that violated the TVPRA, and the defendant knew or should have known of the violation. The court affirmed the
• Wilmington Sav. Fund Soc'y, FSB v. Gulfstream of LAS Olas Condo. Assoc. Inc.
  Fla. 4th DCA· 2021-12-22
  Wilmington Savings Fund Society (Christiana Trust), as successor mortgagee, appeals an order granting rehearing and imposing an equitable lien for receivership fees on a condominium unit. The court reverses, holding that the safe harbor provision of Florida Statutes § 718.116(1)(
• Lennar Homes, LLC v. Martinique at the Oasis Neighborhood Assocation, Inc.
  Fla. 3d DCA· 2021-12-22
  When a homeowners association sues in its representative capacity on behalf of members regarding matters of common interest, it is bound by arbitration agreements that the individual members signed with the developer. The arbitration provision in this case was enforceable against
• Swift v. Houston Wire & Cable Co.
  Del. Ch.· 2021-12-03
  The Delaware Court of Chancery dismissed the plaintiff's action to compel inspection of books and records under Section 220 of the Delaware General Corporation Law because the plaintiff lacked standing. The court held that Section 220(c) unambiguously requires a plaintiff to be a