Plain Meaning Rule

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

• Pride Clean Restoration Inc. v. Certain Underwriters at Lloyd's of London
  331 So. 3d 841· Fla. 3d DCA· 2021-12-01
  This case concerns whether a homeowners' insurance policy exclusion for mold remediation costs bars coverage for services performed after hurricane damage. The appellate court affirmed the lower court's decision, finding the exclusion to be clear and unambiguous.
• Universal Med. Inv. Corp. v. Mike Rollison Fence, LLC
  Fla. 1st DCA· 2021-11-17
  The appellate court reversed a trial court's decision that found a letter of understanding ambiguous. The court held that the language was clear and unambiguous, and therefore, the trial court erred in construing it against the drafter.
• First Call 24/7, Inc. v. Citizens Prop. Ins. Corp.
  Fla. 4th DCA· 2021-11-10
  First Call 24/7, Inc. challenged an insurance company's invocation of an appraisal clause to resolve a dispute over water mitigation repair costs. The court held that the appraisal clause in the homeowners' insurance policy applies to all disputes regarding the amount of covered
• Dills v. Perez
  Fla. 5th DCA· 2021-11-04
  The Florida District Court of Appeal reversed a trial court's decision that terminated durational alimony upon the recipient's remarriage. The court held that the term "non-modifiable" in a marital settlement agreement was clear and unambiguous, overriding the statutory provision
• Neubert Aero Corp. v. StarStone Nat'l Ins. Co.
  M.D. Fla.· 2021-10-21
  The court held that the insured pilot failed to meet the unambiguous special conditions of the aircraft liability policy by not obtaining a multiengine rating, thus precluding coverage for the damages.
• Precision Diagnostic, Inc. v. Progressive Am. Ins. Co.
  330 So. 3d 32· Fla. 4th DCA· 2021-10-20
  Precision Diagnostic appealed a trial court judgment finding that Progressive properly paid interest on an overdue personal injury protection benefit payment. Although the appellate court found that the trial court erred in its statutory interpretation of how to calculate interes
• Futch v. Haney
  Fla. 2d DCA· 2021-10-13
  The appellate court reversed a lower court's decision that denied a surviving spouse's petition for an extension to elect an elective share. The court held that the spouse's timely petitions for extension tolled the deadline for making the election, aligning with Florida's public
• Harrison v. Leon Cnty. Clerk of the Cir. Court & Comptroller
  Fla. 1st DCA· 2021-10-13
  This case concerns whether a bail bond agent can seek remission of forfeited bonds after paying the forfeiture amount, even if the clients failed to appear. The court held that the two-year statute of limitations for remission applies from the date of forfeiture notification, and
• Harrison v. Leon Cnty. Clerk of the Cir. Court & Comptroller
  Fla. 1st DCA· 2021-10-13
  This case concerns whether a bail bond agent can seek remission of forfeited bonds after clients fail to appear, even if the agent pays the forfeiture. The appellate court reversed the trial court's decision, finding that the two-year statute of limitations for remission applies
• ALL Ins. Restoration Serv., Inc. v. Citizens Prop. Ins. Corp.
  328 So. 3d 1057· Fla. 3d DCA· 2021-10-06
  All Insurance Restoration Services, Inc. (AIRS) appealed a summary judgment in favor of Citizens Property Insurance Corporation regarding coverage for water mitigation services performed at the Cediel home. AIRS sought payment exceeding the $3,000 limit for reasonable emergency m
• State Farm Fla. Ins. Co. v. Orlinda Gonzalez and Harmodio Diaz
  Fla. 2d DCA· 2021-10-01
  The appellate court reversed a final judgment in favor of insureds, finding the trial court misinterpreted the homeowner's policy by failing to consider an endorsement that excluded fungus-related damages. The court also held that the insurer did not waive its right to raise cove
• Little Brownie Props., Inc. v. Wood
  328 So. 3d 1049· Fla. 5th DCA· 2021-09-30
  Little Brownie Properties, Inc. appealed the trial court's dissolution of two post-judgment writs of garnishment against the estate of John E. Brown. The court affirmed, holding that because garnishment statutes are strictly construed and section 77.041(2) contains no allowance f
• Am. S. Ins. Co. v. Gulf Coast Transp., Inc.
  M.D. Fla.· 2021-09-17
  The court held that the insurer was entitled to summary judgment for unpaid deductibles because the insurance policy granted the insurer the right to settle claims as it deemed appropriate, and the insured failed to prove any specific mishandling of claims or a material breach of
• Pass v. Principal Life Ins. Co.
  S.D. Fla.· 2021-09-15
  The court held that the insurer was only obligated to pay the actual 'Buy-Out Expense' incurred by the owner, which was limited to the guaranteed payment amount, not the maximum potential policy coverage.
• State v. Lebrun
  Fla. 4th DCA· 2021-09-15
  The State appeals a trial court's sentence for a third DWLS (driving while license suspended) conviction where the court failed to impose the mandatory ten-day jail sentence required by Florida Statute § 322.34(2)(b)2. The appellate court reversed and remanded, holding that the s
• Atma Beauty, Inc. v. HDI Global Specialty SE
  S.D. Fla.· 2021-09-13
  The court held that the presence of COVID-19 and resulting business alterations do not constitute direct physical loss or damage to the insured property, nor does it trigger civil authority coverage under the policy.
• Goldstein v. Costco Wholesale Corp.
  S.D. Fla.· 2021-09-09
  The court held that session replay software recording website user activity does not intercept 'contents' of a communication under the Florida Security of Communications Act (FSCA), thus failing to state a claim.
• Sabran v. Rockhill Ins. Co.
  M.D. Fla.· 2021-09-07
  A post-loss assignment of insurance benefits is valid under Florida law, even if the policy contains an anti-transfer clause, and does not require insurer consent, particularly when the assignment is of the claim, not the entire policy.
• Heritage Prop. & Cas. Ins. Co. v. Condo. Ass'n of Gateway House Apts. Inc.
  Fla. 3d DCA· 2021-08-18
  An insured fully complies with a policy requirement to produce "books and records" for inspection and copying when it provides all existing records, even if statutory law requires condominium associations to maintain meeting minutes; nonexistent meeting minutes cannot be demanded
• Jack Lingo Asset Mgmt., LLC
  Del. Super. Ct.· 2021-08-13
  The Court affirmed the Board of Adjustment's decision, holding that decks, porches, balconies, and stairways must be included in Gross Floor Area (GFA) calculations under the City of Rehoboth Beach Zoning Code. The Court found the relevant provisions of the Code to be unambiguous
• Scherder v. Aspen Am. Ins. Co.
  M.D. Fla.· 2021-08-11
  The court held that the insurance policy's 'Civil Authority' provision does not cover lost income resulting from a government order to close a business due to a virus, absent direct physical damage to property.
• Gulfside, Inc. v. Lexington Ins. Co.
  M.D. Fla.· 2021-08-06
  The court held that an insured's failure to comply with post-loss conditions, such as an examination under oath (EUO), before filing suit can lead to dismissal without prejudice, but does not automatically result in forfeiture of coverage.
• Alvarez v. State Bd. of Admin.
  Fla. 5th DCA· 2021-08-05
  Sergio Alvarez, an FRS Investment Plan participant who became eligible for the State University System Optional Retirement Program (SUSORP) upon his employment at UCF, challenged the State Board of Administration's denial of his enrollment request absent conversion of his Investm
• Ice House Pub, Inc. v. Westchester Surplus Lines Ins. Co.
  M.D. Fla.· 2021-07-26
  The court held that the COVID-19 pandemic and resulting government orders did not cause a "direct physical loss of or damage to" the insured property, thus no coverage was provided under the policy.
• Miracle Health Servs., Inc. v. Progressive Select Ins. Co.
  Fla. 3d DCA· 2021-07-14
  Miracle Health Services appeals summary judgment denying PIP benefits to an insured who failed to attend required examinations under oath (EUOs). The Third District Court of Appeal affirmed, holding that compliance with the EUO requirement is a condition precedent to receiving be
• Geico Indem. Co. v. Muransky Chiropractic P.A.
  Fla. 4th DCA· 2021-06-24
  Geico appeals a county court order denying its motion for summary judgment and entering summary judgment in favor of Muransky Chiropractic, which sought payment of 100% of billed amounts rather than the 80% Geico paid. The appellate court affirms, holding that Geico was obligated
• AIX Specialty Ins. Co. v. Everett
  M.D. Fla.· 2021-06-16
  The court held that the insurer has a duty to defend because the underlying complaint alleged negligence that potentially falls within the policy's coverage, and the firearms exclusion did not clearly apply based solely on the complaint's allegations.
• Fla. Dep't of Health v. Florigrown, LLC
  Fla.· 2021-06-10
  The Florida Supreme Court reversed a lower court decision that had issued a temporary injunction prohibiting enforcement of statutory regulations governing medical marijuana treatment centers, finding that the company Florigrown failed to demonstrate a substantial likelihood of s
• Drayton v. State
  Fla. 1st DCA· 2021-06-03
  The appellate court affirmed a prison releasee reoffender sentence for a defendant who committed a felony while serving a prison sentence. The court held that the statute's plain language allows for such sentencing, even if the defendant had not been recently released from prison
• Advanzeon Solutions, Inc. v. State of Fla. ex. rel. Fla. Dep't of Fin. Servs.
  321 So. 3d 911· Fla. 1st DCA· 2021-06-01
  This case concerns whether a contract between a health plan and its network provider/claims processor required the plan to continue paying administrative fees after the contract was terminated. The appellate court affirmed the trial court's decision, holding that the contract did
• Bd. of Regents of the State of Fla. v. Rowsey
  320 So. 3d 954· Fla. 2d DCA· 2021-05-26
  The appellate court reversed a trial court's judgment in favor of an employee, finding that the employee breached a settlement agreement by failing to provide all requested documents and that the agreement did not include an unwritten promise of additional payment. The court emph
• State Farm Mut. Auto. Ins. Co. v. Stand up MRI of Boca Raton, P.A.
  Fla. 4th DCA· 2021-05-26
  The PIP statute and State Farm's policy permit insurers to apply Medicare coding policies and payment methodologies, including MPPR, to reduce reimbursement amounts below the 2007 Medicare Part B fee schedule, as Section 627.736(5)(a)(3) allows such methodologies independent of t
• 1701 Collins Miami Owner, LLC v. Dep't of Revenue
  321 So. 3d 875· Fla. 1st DCA· 2021-05-17
  The court affirmed the Department of Revenue's denial of a refund for documentary stamp tax. The taxpayer argued they overpaid by including the value of personal property in the tax calculation, but the court held that a unilateral valuation report was insufficient to prove the a
• GEICO Indem. Co. v. Walker
  319 So. 3d 661· Fla. 4th DCA· 2021-05-12
  The court determined that a 1992 Porsche, made available to a driver for ten years without specific restrictions, was "available for regular use" under his GEICO insurance policy. Therefore, the vehicle did not qualify as a "non-owned auto" and was not covered by the policy.
• Pride Clean Restoration Inc v. Citizens Prop. Ins. Corp.
  Fla. 3d DCA· 2021-05-12
  Where insurance contract language is plain and unambiguous, the policy must be interpreted according to its plain meaning, giving effect to the policy as written.
• Robles v. United Auto. Ins. Co.
  Fla. 1st DCA· 2021-05-04
  The appellate court reversed a lower court's order transferring a lawsuit to Miami-Dade County. The court held that the insurance policy's venue clause, which stated legal action "shall be filed and maintained in the county where the policy was issued," was ambiguous and did not
• Richeson v. S's. Custom Constr., Inc.
  Fla. 5th DCA· 2021-04-23
  The appellate court reversed a summary judgment, finding the trial court improperly interpreted a statute regarding mortgage satisfactions. The court held that the statute only requires a satisfaction of mortgage upon full payment of the mortgage, not partial payments on individu
• Richeson v. S's. Custom Constr., Inc.
  Fla. 5th DCA· 2021-04-22
  In a quiet title action, the trial court granted summary judgment in favor of South's Custom Construction, finding that Richeson failed to timely provide a satisfaction of mortgage under Florida Statute § 701.04(2). The appellate court reversed, holding that the statute requires
• Fla. Pain & Rehab. of W. Dade v. Infinity Auto Ins. Co.
  318 So. 3d 6· Fla. 4th DCA· 2021-04-21
  South Florida Pain & Rehabilitation appeals the denial of attorney's fees in a PIP action after obtaining a judgment solely for statutory penalty and postage costs. The court holds that attorney's fees under Florida Statutes section 627.736(8) are not available when a judgment is
• Finlaw v. Finlaw
  320 So. 3d 844· Fla. 2d DCA· 2021-04-16
  This case concerns the interpretation of a partnership agreement's provisions regarding the disposition of a partner's interest upon death. The court affirmed the trial court's decision that the decedent's attempted devise of her partnership interest to her grandson was invalid b
• Boyleston Realty & Auction, LLC v. Beasley
  Fla. 1st DCA· 2021-03-31
  This case concerns whether an auction company could keep a buyer premium not explicitly mentioned in its contract with an estate. The appellate court affirmed the trial court's decision, holding that the buyer premium was part of the "gross proceeds of sale" and thus subject to t
• Walls v. S. Owners Ins. Co.
  321 So. 3d 856· Fla. 1st DCA· 2021-03-31
  The appellate court affirmed a trial court's summary judgment, ruling that an "escape clause" in an insurance policy prevented coverage. The court found that a GEICO policy provided "similar coverage" to the Southern Owners policy, thus negating Southern Owners' obligation to pay
• Pane Rustica v. Greenwich Ins. Co.
  M.D. Fla.· 2021-03-22
  The court held that the insurance policy did not cover business losses resulting from COVID-19 government orders because the virus exclusion applied and there was no allegation of direct physical loss or damage to the property.
• Giesecke+Devrient Mobile Sec. Am., Inc. v. Nxt-Id, Inc.
  Del. Ch.· 2021-03-16
  The Delaware Court of Chancery held that a forum selection clause in a merger agreement did not apply to claims arising from a separate certificate of designations because the merger agreement did not reference the certificate. The court further held that the dividend rate provis
• Potter v. Malee Potter
  Fla. 1st DCA· 2021-03-15
  The appellate court affirmed the trial court's decision to consider two separate marriages between the same parties as one continuous marriage for alimony determination. The court held that a 2010 statute did not abrogate prior caselaw allowing this practice and that equitable co
• Endowment Research Grp., LLC v. Wildcat Venture P'rs, LLC
  Del. Ch.· 2021-03-05
  The Delaware Court of Chancery granted in part and denied in part defendants' motion to dismiss. The court dismissed the fraud claim against defendant Ericson for lack of personal jurisdiction, finding he did not have sufficient minimum contacts with Delaware. The court denied Wi
• Massey Servs., Inc. v. Sanders
  Fla. 5th DCA· 2021-02-25
  Massey Services appealed a summary judgment in favor of former employees Sanders and Engel and their new employer Shell Pest Solutions, challenging the trial court's refusal to enforce noncompete, nonsolicitation, and nondisclosure provisions in employment agreements. The court a
• Dozier v. Duval Cnty. Sch. Bd.
  312 So. 3d 187· Fla. 1st DCA· 2021-02-18
  This case concerns whether "school guardians," employees trained to provide security, are permitted to carry firearms on school campuses under Florida law. The court held that the relevant statutes, when read together, authorize school guardians to carry firearms on school ground
• Fla. Dep't of Health v. Louis Del Favero Orchids, Inc.
  Fla. 1st DCA· 2021-02-17
  The Florida Department of Health appealed an administrative order awarding attorney's fees to a company that successfully challenged a proposed rule. The appellate court reversed the fee award, finding the Department's actions in proposing the rule were "substantially justified"
• Cafe La Trova LLC v. Aspen Specialty Ins. Co.
  S.D. Fla.· 2021-02-16
  The court held that the insurer's prolonged failure to respond to the claim constituted a constructive denial, creating a justiciable controversy, but denied summary judgment for the insured, finding no 'direct physical loss' under the policy for COVID-19 related business interru