Plain Meaning Rule

2,382 Florida cases classified under this topic, plus 953 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Alexdex Corp. v. Nachon Enters., Inc.
  641 So. 2d 858· Fla.· 1994-09-01 ·cited 57×
  The Florida Supreme Court resolved a conflict between two appellate districts regarding jurisdiction over construction lien foreclosures, holding that both circuit and county courts have concurrent jurisdiction over equity matters, including lien foreclosures, provided the county
• Fla. Dep't OF Educ. v. Glasser
  622 So. 2d 944· Fla.· 1993-05-20 ·cited 57×
  The Florida Supreme Court reversed the district court's declaration that a statute authorizing school districts to levy nonvoted discretionary millage was unconstitutional. The Court held that Article VII of the Florida Constitution requires legislative authorization for school d
• Baskerville-Donovan Eng'rs, Inc. v. Pensacola Executive House Condo. Ass'n, Inc.
  581 So. 2d 1301· Fla.· 1991-06-13 ·cited 57×
  The court held that the two-year statute of limitations for professional malpractice applies only to actions where direct privity of contract exists between the plaintiff and the professional.
• Osborne v. Simpson
  94 Fla. 793· Fla.· 1927-10-27 ·cited 57×
  This case involved an appeal challenging a court's validation of a bond issue for road and bridge improvements. The appellate court reversed the lower court's decision, finding that the bonds' maturity dates exceeded the explicit thirty-day limit set by the authorizing statute.
• Closet Maid & Crawford & Co. v. Sykes
  763 So. 2d 377· Fla. 1st DCA· 2000-02-15 ·cited 56×
  Closet Maid and Crawford and Company appealed a workers' compensation award to Sykes for back surgery, arguing the judge erred in finding the workplace accident was the major contributing cause of his disability. The court defined "major contributing cause" to mean the workplace
• United States v. Wicks
  833 F.2d 192· 9th Cir.· 1987-11-27 ·cited 56×
  The dissenting judge believes the Armed Career Criminal Act's requirement of three previous convictions is not satisfied when two convictions arise from burglaries on the same night.
• Versie Kimble v. D. J. McDUFFY, Inc.
  648 F.2d 340· 5th Cir.· 1981-06-18 ·cited 56×
  The en banc Court held that Section 1985(2), clause B, requires an invidiously discriminatory animus, similar to Section 1985(3), and that the filing of a lawsuit does not constitute "attendance" under the statute. The dissenting opinion argues that Section 1985(2), clause B, doe
• LEE v. Flintkote Co.
  593 F.2d 1275· D.C. Cir.· 1979-01-11 ·cited 56×
  The court held that the franchise agreements did not grant franchisees exclusive rights to sell products within their territories, and the language was not ambiguous.
• Aparacor, Inc. v. The United States
  571 F.2d 552· Ct. Cl.· 1978-02-22 ·cited 56×
  The court held that the Allen amendment, as written, does not waive sovereign immunity for attorney's fees in tax cases.
• United States v. Ponto
  454 F.2d 657· 7th Cir.· 1971-12-14 ·cited 56×
• Shands Teaching Hosp. & Clinics, Inc. v. Mercury Ins. Co. OF Fla.
  97 So. 3d 204· Fla.· 2012-06-07 ·cited 55×·via Plain Language Of Statute
  The Florida Supreme Court held that while a special state lien law for Alachua County hospitals is unconstitutional under the prohibition on special laws pertaining to liens based on private contracts, the identical county ordinance is constitutional as a valid local enactment. T
• Jackson Cnty. Hosp. Corp. v. Aldrich
  835 So. 2d 318· Fla. 1st DCA· 2002-12-27 ·cited 55×
  In this consolidated wrongful death medical malpractice case, the court reversed the jury verdict against Jackson Hospital, finding insufficient evidence of reckless disregard and causation, but affirmed liability against Bay Anesthesia under a negligence standard. The court held
• Acceleration Nat'l Serv. Corp. v. Brickell Fin. Servs. Motor Club, Inc.
  541 So. 2d 738· Fla. 3d DCA· 1989-04-11 ·cited 55×
  Acceleration National Service Corp. appealed a trial court ruling that a service contract with Brickell Financial Services Motor Club, Inc. could not be terminated during its initial three-year term. The appellate court reversed, holding that the plain language of the termination
• United States v. Nichols
  841 F.2d 1485· 10th Cir.· 1988-03-10 ·cited 55×·via Plain Language Rule
  The Comprehensive Forfeiture Act (CFA) is constitutional as it allows forfeiture of assets, including those needed for attorney's fees, to the extent the Constitution permits.
• United States v. Second Nat'l Bank OF N. Miami
  502 F.2d 535· 5th Cir.· 1974-10-04 ·cited 55×
  The court held that 26 U.S.C. § 6311(b)(2) applies to money orders issued by a bank, even if issued on uncollected funds, and that the United States was a holder in due course of the money orders.
• State v. Dugan
  685 So. 2d 1210· Fla.· 1996-09-05 ·cited 54×
  The Florida Supreme Court answered a certified question of great public importance by holding that Chapter 397 of the Florida Statutes authorizes trial courts to dismiss criminal charges against defendants who complete substance abuse treatment programs, even over the objection o
• March v. United States
  506 F.2d 1306· D.C. Cir.· 1974-11-12 ·cited 54×
  The court held that the Department of Defense's practices of calculating Overseas Dependents Schools (ODS) teachers' salaries based on the preceding year's rates, limiting credit for prior teaching experience, and computing daily rates on a 210-day year violate the Overseas Teach
• State v. Sonny D. Anderson
  695 So. 2d 309· Fla.· 1997-05-29 ·cited 53×·via Plain Language Statutory Construction
  The Double Jeopardy Clause prohibits dual convictions for perjury in an official proceeding and providing false information in a bail application when both offenses arise from the same single act of making a false statement under oath, because these crimes are degree variants of
• State Farm Fire & Cas. Ins. Co. v. Deni Assocs. OF Fla., Inc.
  678 So. 2d 397· Fla. 4th DCA· 1996-07-17 ·cited 53×
  Two consolidated appeals challenging insurance carriers' denials of coverage under comprehensive general liability (CGL) pollution exclusions. The court holds that the pollution exclusion clauses are unambiguous and clearly exclude all bodily injury claims arising from pollution,
• Bankston v. Brennan
  507 So. 2d 1385· Fla.· 1987-05-21 ·cited 53×
  The Florida Supreme Court held that Section 768.125 does not create a cause of action against a social host for injuries caused by an intoxicated minor. The statute was enacted to limit existing vendor liability for illegal sales to minors, not to establish new liability for soci
• Dori Zardui-Quintana v. Richard
  768 F.2d 1213· 11th Cir.· 1985-08-02 ·cited 53×
  The court held that the district director's denial of stays of deportation was not arbitrary or capricious, as the statute does not require separate findings of a "particularly serious crime" and "danger to the community" when a conviction for a particularly serious crime is esta
• Carson v. Miller
  370 So. 2d 10· Fla.· 1979-04-12 ·cited 53×
  The Florida Supreme Court held that a proposed administrative rule for regulating the density of prisoners in county and municipal detention facilities violated state law because it improperly delegated rulemaking authority to the Secretary rather than establishing fixed standard
• Renaldo Reino, Sr. v. The State of Fla. & the Honorable Gerald T. Wetherington
  352 So. 2d 853· Fla.· 1977-10-27 ·cited 53×
  Two related petitions seek writs of prohibition to bar prosecution of murder charges filed in 1976 for a homicide that occurred in 1972 during Florida's "hiatus period" (July 24–October 1, 1972) when capital punishment was unconstitutional. The Florida Supreme Court holds that cr
• Allstate Ins. Co. v. Orthopedic Specialists
  212 So. 3d 973· Fla.· 2017-01-26 ·cited 52×
  The Florida Supreme Court held that an Allstate PIP insurance policy provides legally sufficient notice of the insurer's election to use Medicare fee schedules to limit medical expense reimbursements under Florida's no-fault insurance law. The decision resolves a conflict between
• State v. Bradford
  787 So. 2d 811· Fla.· 2001-05-31 ·cited 52×
  The Florida Supreme Court held that Florida Statute § 817.234(8), which criminalizes solicitation for the purpose of making motor vehicle tort or personal injury protection (PIP) insurance claims, violates the First Amendment because it prohibits commercial speech without requiri
• Westmoreland v. Lumbermens Mut. Cas. Co.
  704 So. 2d 176· Fla. 4th DCA· 1997-12-24 ·cited 52×
  An insurance company sought a declaratory judgment denying coverage for premises liability claims arising from carbon monoxide poisoning caused by a running vehicle engine in a closed garage. The court reversed the trial court's grant of summary judgment, holding that because the
• State v. Mark Marks, P.A.
  698 So. 2d 533· Fla.· 1997-07-17 ·cited 52×·via Plain Language Statutory Construction
  The Florida Supreme Court held that Florida Statutes § 817.234(1) is unconstitutionally vague as applied to attorneys representing clients in insurance claims because the term "incomplete" fails to provide adequate notice of prohibited conduct. However, the Court upheld the statu
• Rickard v. Auto Publisher, Inc.
  735 F.2d 450· 11th Cir.· 1984-07-02 ·cited 52×
  The court held that remedies under Lanham Act § 35 are available for unregistered trademarks under § 43(a), and that denying a damages hearing for civil contempt was premature due to trial bifurcation.
• D.M.T. v. T.M.H.
  129 So. 3d 320· Fla.· 2013-11-07 ·cited 51×·via Plain Language Of Statute
  The Florida Supreme Court held that section 742.14 of Florida's assisted reproductive technology statute is unconstitutional as applied to T.M.H., a biological mother in a same-sex couple who provided her egg to her partner for joint conception and parenting of a child. The statu
• Cris D'Angelo v. Conagra Foods, Inc.
  422 F.3d 1220· 11th Cir.· 2005-08-30 ·cited 51×·via Plain Language Interpretation
  Cris D'Angelo, who suffered from vertigo triggered by staring at moving conveyor belts, sued ConAgra Foods for disability discrimination under Title I of the ADA after being terminated from her product transporter position. The district court granted summary judgment for ConAgra
• Heredia v. Allstate Ins. Co.
  358 So. 2d 1353· Fla.· 1978-03-09 ·cited 51×
  The Florida Supreme Court resolved a statutory interpretation dispute regarding no-fault automobile insurance coverage. The Court held that an insured injured by physical contact with a commercial vehicle is entitled to personal injury protection benefits, rejecting the insurance
• State Farm Fire & Cas. Co. v. Castillo
  829 So. 2d 242· Fla. 3d DCA· 2002-08-14 ·cited 50×
  State Farm appealed a summary judgment in favor of homeowners who claimed coverage for structural damage caused by construction blasting under their homeowner's policy. The court reversed, holding that the policy's earth movement exclusion unambiguously excluded coverage for all
• Delissio v. Delissio
  821 So. 2d 350· Fla. 1st DCA· 2002-06-20 ·cited 50×
  A former wife appeals a post-dissolution order requiring her ex-husband to pay college expenses for their child. The trial court interpreted the marital settlement agreement's "room and board" provision to apply only to on-campus dormitory costs, not off-campus apartment living.
• Special v. Ivo Baux, M.D.
  79 So. 3d 755· Fla. 4th DCA· 2011-11-16 ·cited 49×·via Plain Language
  This medical malpractice case involves the death of a pregnant woman during cesarean delivery. The court addresses whether a trial court's restriction on cross-examination of a defense expert regarding unusually high rates of amniotic fluid embolus (AFE) diagnoses at the hospital
• Dodd v. United States
  365 F.3d 1273· 11th Cir.· 2004-04-16 ·cited 49×·via Plain Language Statutory Construction
  Michael Donald Dodd, a federal prisoner convicted of engaging in a continuing criminal enterprise (CCE) and other drug offenses, appealed the dismissal of his 28 U.S.C. § 2255 petition challenging his conviction on Sixth Amendment and Due Process grounds based on Richardson v. Un
• LEE Cnty. Elec. Coop., Inc. v. Jacobs
  820 So. 2d 297· Fla.· 2002-05-02 ·cited 49×
  Lee County Electric Cooperative challenged the Public Service Commission's dismissal of its complaint regarding a wholesale rate schedule increase imposed by Seminole Electric Cooperative. The Florida Supreme Court affirmed that the PSC lacks jurisdiction over wholesale rate stru
• Millennium Commc'ns & Fulfillment v. Off. of the Attorney Gen.
  761 So. 2d 1256· Fla. 3d DCA· 2000-07-19 ·cited 49×
  Millennium Communications and Advanced Marketing challenged a temporary injunction under Florida's Deceptive and Unfair Trade Practices Act (FDUTPA) for marketing Continental's Advantage credit card program to out-of-state consumers. The appellate court reversed the injunction, h
• Hankey v. Susan Yarian, M.D.
  755 So. 2d 93· Fla.· 2000-03-16 ·cited 49×
  The Florida Supreme Court resolved a conflict between district courts regarding the calculation of medical malpractice statutory limitations periods. The Court held that the ninety-day "tolling" period under section 766.106(4) suspends (rather than merely bars) the running of the
• United States v. Chotas
  913 F.2d 897· 11th Cir.· 1990-10-02 ·cited 49×
  A district court cannot depart downward under Sentencing Guidelines § 5K1.1 for substantial assistance without a motion from the government.
• United States v. Martino
  681 F.2d 952· 5th Cir.· 1982-08-02 ·cited 49×·via Plain Language Rule
  The court held that a money judgment equal to insurance payments for arson losses could be rendered against defendants under RICO's forfeiture provisions.
• United States v. Rojas
  671 F.2d 159· 5th Cir.· 1982-03-26 ·cited 49×
  The court held that the appellant's detention and subsequent searches were lawful, as reasonable suspicion supported the initial stop, probable cause supported the further detention, and consent to search was voluntary.
• Hughes AIR Corp. v. The Pub. Utils. Comm'n OF the State OF Cal.
  644 F.2d 1334· 9th Cir.· 1981-05-11 ·cited 49×
  The court held that the Airline Deregulation Act's preemption provision applies to air carriers exempted from CAB certification and that such preemption does not violate the Tenth Amendment.
• Golf Scoring Sys. Unlimited, Inc. v. Remedio
  877 So. 2d 827· Fla. 4th DCA· 2004-07-07 ·cited 48×
  Golf Scoring Systems Unlimited challenged the trial court's denial of its motion to dismiss based on a forum selection clause. The court held that a clause stating consent to Broward County as "the proper venue" is mandatory rather than permissive, requiring dismissal of the Mart
• Doyle v. Dep't OF Bus. Reg. & Pub. Emps. Relations Comm'n
  794 So. 2d 686· Fla. 1st DCA· 2001-09-06 ·cited 48×
  Doyle, a dismissed state employee, appealed PERC's rejection of a settlement agreement regarding back pay, benefits, and attorney's fees. The court held that PERC lacked authority to reject a good-faith stipulation between the parties and reversed, ordering PERC to accept the set
• Fla. Dep't of Bus. & Prof'l Reg. v. Inv. Corp. OF Palm Beach
  747 So. 2d 374· Fla.· 1999-11-04 ·cited 48×
  The Florida Supreme Court resolved a conflict between district courts of appeal regarding whether an administrative agency can issue a declaratory statement addressing issues applicable to multiple parties in the regulated industry. The Court held that the 1996 amendments to Flor
• State v. Woodruff
  676 So. 2d 975· Fla.· 1996-05-16 ·cited 48×·via Plain Language Of Statute
  The Florida Supreme Court held that while estoppel barred prosecution of misdemeanor DUI charges discharged for speedy trial violations, the State could not prosecute felony DUI charges arising from the same conduct because Florida law requires proof of a current misdemeanor DUI
• United States v. Theophilus Blackston
  940 F.2d 877· 3d Cir.· 1991-07-29 ·cited 48×
  Voluntary drug use established solely by laboratory analysis constitutes 'possession' for purposes of 18 U.S.C. § 3583(g).
• United States v. Kelly
  519 F.2d 251· 8th Cir.· 1975-07-14 ·cited 48×
  A felon who acquires a firearm by theft can be convicted of 'receiving' it under 18 U.S.C. App. § 1202(a)(1), and the government's notice for invoking the Dangerous Special Offenders Act was insufficient.
• United States Steel Corp. v. United States
  519 F.2d 359· 3d Cir.· 1975-06-16 ·cited 48×·via Plain Language Statutory Construction
  Section 706(k) of Title VII authorizes a court to award attorney fees against the EEOC in a proper case, but the district court did not abuse its discretion in denying such fees to a prevailing defendant when the EEOC's action was a bona fide effort.
• Brown v. City OF Vero Beach & Indian River Cnty. Bd. of Cnty. Comm'rs
  64 So. 3d 172· Fla. 4th DCA· 2011-06-29 ·cited 47×·via Plain Language Of Statute
  The parents of a 14-year-old boy who drowned in a rip current at a public beach sued the City of Vero Beach and Indian River County for negligently failing to warn of dangerous ocean conditions. The court affirmed dismissal, holding that Florida Statute § 380.276(6), which became