Plain Meaning Rule

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

• Browne v. State
  Fla. 5th DCA· 2018-02-05
  When a defendant is charged with robbery with a weapon under Florida law and the object used is not one of the enumerated weapons in section 790.001(13), the State must prove through an objective test that the instrument, in the way it was actually used, was likely to cause death
• Blok Builders, LLC v. Katryniok
  Fla. 4th DCA· 2018-01-31
  Section 725.06, Florida Statutes, does not apply to utility contracts that do not involve construction of a building or structure; therefore, the indemnification clause between Blok and Mastec is enforceable. Blok had no contractual duty to indemnify BellSouth because neither the
• State v. Bayfront HMA Med. Ctr., LLC
  Fla. 1st DCA· 2018-01-01
  A hospital seeking a temporary injunction against a competitor's provisional trauma center operation must establish all four elements for injunctive relief with competent, substantial evidence, and failure to prove any element is fatal to the motion. The Department of Health may
• McNulty v. Bowser
  233 So. 3d 1277· Fla. 5th DCA· 2018-01-01
  Section 742.045, Florida Statutes, unambiguously authorizes awards of appellate attorney's fees in paternity actions, and the court recedes from its prior decision in Starkey v. Linn. An appeal is part of the proceeding under chapter 742, and the statute's plain language permits
• Elli Bokeno
  Del. Super. Ct.· 2017-09-21
  The Superior Court of Delaware granted summary judgment for Defendant Dr. Yogi Trivedi, holding that the Plaintiffs failed to comply with the statutory requirement of sending a Notice of Intent letter to Dr. Trivedi's "regular place of business" at the time the letter was sent. T
• IMO Ronald J. Mount 2012 Irrevocable Dynasty Tr. U/A/D December 5
  Del. Ch.· 2017-09-07
  The Court of Chancery granted motions to dismiss all counterclaims filed by Ian Mount, finding that his claims for breach of contract, breach of the implied covenant of good faith and fair dealing, breach of fiduciary duty, removal of the trust protector, and mandatory injunction
• Sixth St. P'rs Mgmt. Co., L.P. v. Dyal Cap. P'rs III (A LP
  Del. Ch.· 2017-06-16
  The court denied the motion for a preliminary injunction, finding that the plaintiff failed to demonstrate a reasonable probability of success on the merits or a threat of irreparable injury. The court interpreted the "Transfer Restriction" in the investment agreement to apply on
• Del. Tech. & Cmty. Coll. v. C.A. No. N17A-01-002 ALR
  Del. Super. Ct.· 2017-05-17
  The Superior Court dismissed Delaware Technical and Community College's (Del-Tech) appeal from a Human Relations Commission decision denying Del-Tech's motion to dismiss a student's discrimination complaint. The Court held that the Commission's decision was an interlocutory order
• Emsi Acquisition, Inc. v. Contrarian Funds, LLC
  Del. Ch.· 2017-05-03
  The Court of Chancery denied the motion to dismiss the indemnification claim (Count I), finding the Stock Purchase Agreement ambiguous regarding whether contractual limitations on recovery apply to claims based on fraudulent representations by the Company. The Court granted the m
• Plaintiff
  Del. Super. Ct.· 2017-04-21
  The Delaware Superior Court granted the defendants' motions to dismiss, finding that it lacked subject matter jurisdiction over the State's claims. The court determined that the State's "qui tam" action was precluded by Delaware's False Claims and Reporting Act (DFCRA) Administra
• W. Flagler Assocs., Ltd. v. Fla. Dep't of Bus. & Prof'l Reg.
  216 So. 3d 692· Fla. 1st DCA· 2017-04-04
  West Flagler Associates challenged the Division of Pari-Mutuel Wagering's denial of its application for a new summer jai alai permit, arguing the Division erroneously applied temporal requirements to new permit applications rather than just conversion applications. The court reve
• Verizon Commc'ns Inc. v. Ill. Nat'l Ins. Co.
  Del. Super. Ct.· 2017-03-02
  The court granted Plaintiffs' Renewed Motion for Partial Summary Judgment on Defense Costs, finding that the "U.S. Bank Action" constituted a "Securities Claim" under the "Idearc Runoff Policies." Consequently, the court denied Defendants' Motion for Summary Judgment.
• Diamond Joneal Allen v. State
  211 So. 3d 55· Fla. 4th DCA· 2017-01-04
  Diamond Allen appeals revocation of his probation based on four alleged violations. The court affirmed the revocation despite finding insufficient evidence for two of the violations (changing residence and resisting arrest with violence against a police dog), because competent su
• OF Correction v. Corr. Officers Ass'n OF Del.
  Del. Ch.· 2016-11-18
  The Delaware Court of Chancery granted the Association's motion for summary judgment and enforced the arbitration award, denying the Department's motion to vacate. The court held that the parties clearly and unmistakably intended for the arbitrator to decide substantive arbitrabi
• Bon Ayre Land, LLC
  Del.· 2016-10-10
  The Delaware Supreme Court affirmed the Superior Court's decision, holding that a landowner seeking to increase manufactured home community rent above inflation must demonstrate that the increase is directly related to operating, maintaining, or improving the community, in additi
• The Realty Assocs. Fund IX, L.P. v. Town OF Cutler BAY
  208 So. 3d 735· Fla. 3d DCA· 2016-09-21
  Realty Associates Fund IX appealed the dismissal of its consistency challenge against the Town of Cutler Bay's development order approving a shopping center without residential units. The court reversed, holding that the comprehensive plan unambiguously requires all developments
• Catawba Assocs. - Christiana LLC v. Parthiban Jayaraman
  Del. Super. Ct.· 2016-08-26
  The court held that the term "vacant" in the Agreement of Sale was unambiguous and should be interpreted according to its ordinary meaning. However, the court found that a question of fact remained regarding whether the property was actually delivered vacant, precluding judgment
• Rolland A. Steele, Jr. v. Kamilah Prince
  197 So. 3d 652· Fla. 1st DCA· 2016-08-22
  A divorced father appealed an order denying his motion to enforce timesharing rights with his child. The court reversed, holding that the mediation agreement's plain language established the third weekend of the month as a default timesharing period that did not require thirty da
• Gomez v. Timberoof Roofing Co., Inc.
  196 So. 3d 1279· Fla. 4th DCA· 2016-08-10
  The Florida Fourth District Court of Appeal reversed a summary judgment that declared Timberoof's recorded judgments constituted valid liens against unit owners' property. The court held that the judgments failed to comply with section 55.10(1), Florida Statutes, because they con
• Ibio, Inc. v. Fraunhofer USA, Inc.
  Del. Ch.· 2016-07-29
  The Court held that under the relevant agreements, iBio is entitled to ownership rights and a transfer of all technology developed by Fraunhofer through December 31, 2014. This includes broad intellectual property rights, not limited to specific patents or patent applications, an
• United Bank v. Est. OF Edward G. Frazee
  197 So. 3d 1190· Fla. 4th DCA· 2016-07-13
  United Bank appealed a trial court order denying its motion to have statements of claim against an estate deemed timely filed after it missed the probate filing deadline by submitting paper copies instead of required electronic filings. The court affirmed, holding that Florida's
• Levy v. Call W. Woods
  195 So. 3d 1161· Fla. 4th DCA· 2016-06-24
  The court reversed a trial court judgment that declared a city council member eligible for re-election, finding that prior terms of service should be credited against newly imposed term limits.
• Kendall v. Genworth Life Ins. Co.
  M.D. Fla.· 2016-06-22
  The court held that the facility where the insured resided was not a "nursing home" under the policy because it was licensed as an assisted living facility, not primarily for providing nursing care.
• Wilder v. State
  194 So. 3d 1050· Fla. 1st DCA· 2016-06-15
  Ryan Wilder was convicted of trafficking in methamphetamine, first-degree felony murder, and second-degree felony murder following a shootout at a suspected methamphetamine lab. The appellate court upheld his convictions, holding that Florida law permits inclusion of the total we
• Dep't of Hwy. Safety & Motor Vehicles v. Edwards
  9th Cir. Ct. App. Div.· 2016-06-03
  The court upheld a driver's license suspension for refusing a breath test, finding the traffic stop valid because the trooper made an objectively reasonable mistake of law regarding the right-turn statute. The majority rejected the petitioner's arguments that he lacked adequate w
• Emps. Ret. Sys. of the City of St. Louis v. TC
  Del. Ch.· 2016-05-11
  The Court granted the Defendants' Motion to Dismiss, holding that the Conflicts Committee's approval of the "Dropdown" transaction created a conclusive presumption of fairness and reasonableness to the Partnership, thereby precluding judicial scrutiny of the transaction's substan
• Brock v. Garner Window & Door Sales, Inc
  187 So. 3d 294· Fla. 5th DCA· 2016-03-04
  The four-year statute of limitations for construction of an improvement to real property applies, not the general five-year statute for written contracts, and an unlicensed contractor can assert this defense.
• In & for New Castle Cnty.
  Del. C.P.· 2016-02-22
  The Court granted the State's Application to Sentence Curtis J. Brown as a Second Offender. The Court found that the Pennsylvania DUI Statute and the Delaware DUI Statute are similar, and that the Pennsylvania ARD Program and the Delaware DUI-FOP Statute are also similar, satisfy
• Yoanky De La OSA v. Wells Fargo Bank, N.A.
  218 So. 3d 914· Fla. 3d DCA· 2016-02-10
  De La Osa appeals the trial court's denial of his motion to vacate an order that had vacated a 2011 dismissal of a foreclosure action. The appellate court reversed, holding that the trial court lacked subject matter jurisdiction to vacate the 2011 dismissal order more than two ye
• Mills v. Town of Windermere
  9th Cir. Ct. App. Div.· 2015-11-30
  Harold Mills sought certiorari review of the Town of Windermere's denial of his variance request to build a gazebo on his property that would violate a 50-foot setback requirement from water bodies. The court denied the petition, finding that Mills failed to preserve several argu
• Wade v. Hastings v. State
  9th Cir. Ct. App. Div.· 2015-09-01
  Wade V. Hastings appeals a speeding conviction where the trial court suspended his driver's license for 120 days. The appellate court reversed, holding that Florida's speeding statutes do not authorize driver's license suspension for a speeding violation absent an accident.
• ICC General v. Total Brick
  9th Cir. Ct. App. Div.· 2015-08-01
  ICC General Contractors appeals the trial court's denial of attorney fees after Total Brick Pavers filed a frivolous lien claim despite executing a waiver of lien. The appellate court reversed, finding that section 57.105, Florida Statutes, clearly applied and that Total Brick's
• State v. Silliman
  168 So. 3d 245· Fla. 5th DCA· 2015-06-12
  The court held that the statutory immunity for drug possession does not apply when a person exhibits signs of drug impairment but not a drug overdose requiring medical assistance.
• Smith v. Nowak
  15th Cir. Ct. App. Div.· 2015-05-31
  A tenant appealed the trial court's entry of a writ of possession without an evidentiary hearing in an eviction case based on an alleged breach of a settlement agreement. The appellate court reversed, holding that because the tenant filed a timely written objection to the landlor
• HFC Collection v. Alexander
  9th Cir. Ct. App. Div.· 2015-03-05
  HFC Collection Center appealed the trial court's award of attorney fees to Stephanie Alexander despite HFC losing on standing grounds in a debt collection case. The appellate court affirmed, holding that HFC was estopped from denying the existence of the credit agreement to avoid
• Dep't OF Transp. v. Mid-Peninsula Realty Inv. Grp., LLC
  162 So. 3d 218· Fla. 2d DCA· 2015-02-13
  The Florida Second District Court of Appeal affirmed a trial court judgment quieting title to property in favor of Mid-Peninsula Realty Investment Group, LLC, holding that the Marketable Record Title Act's exception for rights-of-way does not apply to property held in fee simple,
• Shalonda E. Wilks v. Herbert and Joann Greene
  9th Cir. Ct. App. Div.· 2015-02-01
  Shalonda Wilks appealed an eviction judgment entered by the trial court in favor of landlords Herbert and Joann Greene. The appellate court reversed, finding that Wilks timely cured the alleged rent default by depositing the full amount into the court registry after being served
• Mercury Ins. v. Emerg. Phys.
  9th Cir. Ct. App. Div.· 2015-01-05
  Mercury Insurance appealed a summary judgment awarding emergency physician bills to be paid from a mandatory $5,000 PIP reserve rather than being applied to the insured's deductible. The court affirmed, holding that emergency providers submitting bills within 30 days are entitled
• Vill. of Wellington v. Prudden
  15th Cir. Ct. App. Div.· 2015-01-01
  The Village of Wellington appealed a code enforcement order in which a Special Magistrate exempted Jeffrey Prudden's property from municipal land development regulations based on section 604.50, Florida Statutes, which exempts certain agricultural structures from regulation. The
• Portfolio Recovery Assocs., LLC v. Cathleen Allman
  9th Cir. Ct. App. Div.· 2014-12-08
  Portfolio Recovery Associates appealed a trial court's award of attorney's fees to defendant Cathleen Allman under Florida Statutes section 57.105(7). The appellate court affirmed, holding that the statute applies to any action involving a contract with an attorney's fee provisio
• DHSMV v. Luttrell
  9th Cir. Ct. App. Div.· 2014-10-07
  The Ninth Judicial Circuit Court affirmed the Department of Highway Safety and Motor Vehicles' suspension of Luttrell's driver's license following a DUI arrest. The court held that the absence of the arresting officer Deputy Danjou from the administrative hearing did not warrant
• Acosta v. PBC Pbso
  15th Cir. Ct. App. Div.· 2014-09-22
  Acosta was convicted of violating Florida's traffic signal law under section 316.075(1)(c)(1). On appeal, Acosta challenged section 316.0083(1)(e) of the Mark Wandall Traffic Safety Act as facially unconstitutional, arguing it violated separation of powers by allowing photographi
• S. Fla. Racing Ass'n, LLC v. Dep't OF Bus. & Prof'l Reg.
  143 So. 3d 1149· Fla. 3d DCA· 2014-08-06
  The court held that the Division erred in denying SFRA's application for a summer jai alai permit, but affirmed the Division's finding that SFRA was not entitled to priority treatment.
• State v. Clark
  9th Cir. Ct. App. Div.· 2014-08-05
  The State of Florida appealed the trial court's dismissal of red light camera citations issued to three motorists. The appellate court held that photographic and video evidence from red light cameras is self-authenticating under Florida statute and must be admitted, but affirmed
• State v. Atiles
  9th Cir. Ct. App. Div.· 2014-08-04
  The State of Florida appealed a hearing officer's dismissal of a red-light camera traffic citation issued by Officer McBryde, arguing the officer had completed subsequent training that should validate her qualifications. The appellate court affirmed the dismissal, holding that an
• S. Owners Ins. Co. v. Cooperativa de Seguros Multiples
  143 So. 3d 439· Fla. 5th DCA· 2014-07-18
  Southern Owners Insurance Company appeals a summary judgment finding that its homeowners' association liability policies provided coverage to Daisy Eastwood for a wrongful death claim arising from a child's drowning at a community pool. The court reversed, holding that the sparse
• State v. Clark
  9th Cir. Ct. App. Div.· 2014-07-09
  Orange County appeals a hearing officer's dismissal of red-light camera traffic citations, arguing the officer violated procedural due process by refusing to allow the county to present evidence that the issuing TIEO met statutory training requirements. The appellate court revers
• Med. Therapies, LLC v. State Farm Mut. Auto. Ins. Co.
  9th Cir. Ct. App. Div.· 2014-07-01
  Medical Therapies, as assignee of a patient's personal injury protection (PIP) benefits, appealed summary judgment in favor of State Farm, arguing that its demand letters substantially complied with statutory notice requirements. The appellate court affirmed the trial court's fin
• Collier Cnty. v. Hussey
  147 So. 3d 35· Fla. 2d DCA· 2014-06-27
  Collier County appealed a trial court's denial of approval for a settlement agreement resolving Bert Harris Act property rights claims. The court affirmed the denial, holding that the settlement agreement did not comply with the Bert Harris Act's strict presuit settlement timelin
• State v. E.M.
  141 So. 3d 682· Fla. 4th DCA· 2014-06-25
  A bankruptcy court's order confirming a Chapter 13 plan that discharges student loan debt without an undue hardship finding is not void under Rule 60(b)(4), even if it violates the Bankruptcy Code and Rules, if the creditor received actual notice and failed to object or appeal.