Plain Meaning Rule

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

• Fernandez v. The City OF Miami
  147 So. 3d 553· Fla. 3d DCA· 2014-06-04
  Jorge L. Fernandez, former Miami City Attorney, appealed a judgment denying his claim for severance and leave payments after his criminal conviction for fraudulent expense reimbursement. The court affirmed, finding that Fernandez breached his fiduciary duty by failing to disclose
• Orange Cnty. v. Ortiz
  9th Cir. Ct. App. Div.· 2014-05-20
  Orange County appealed a trial court's decision to release a dog named Rocky despite a notice of intent to destroy the animal following a severe dog bite attack. The appellate court reversed, holding that the trial court misinterpreted the statutory definition of 'severe injury'
• Ellis v. DHSMV
  9th Cir. Ct. App. Div.· 2014-05-02
  Stanley Ellis petitioned for certiorari review of a Department of Highway Safety and Motor Vehicles decision to suspend his driver's license after he allegedly refused to submit to a breath test following a DUI stop. The Ninth Judicial Circuit Court affirmed the suspension, findi
• Lawson
  Del.· 2014-04-23
  The Delaware Supreme Court held that the Real Property Acquisition Act requires reimbursement for litigation expenses when a condemnation proceeding is dismissed because the condemning agency improperly exercised its eminent domain power in that specific proceeding. The Court als
• Stanford v. State
  9th Cir. Ct. App. Div.· 2014-04-09
  Ruth Stanford appealed a hearing officer's determination that she violated Florida's red light traffic law based on red light camera evidence. The appellate court reversed and remanded because the record was unclear whether the hearing officer actually reviewed the affidavit esta
• State v. Tolos
  9th Cir. Ct. App. Div.· 2014-04-04
  The Ninth Judicial Circuit Court reversed a trial court's dismissal of a red light camera citation issued under Florida's Mark Wandall Traffic Safety Program, holding that the statute does not require proof of the driver's identity and that photographic or electronic images are s
• Sevila v. First Liberty Ins.
  M.D. Fla.· 2014-03-18
  The court held that the 2011 amendment to Fla. Stat. § 627.706, which defined "structural damage," could not be applied retroactively to an insurance policy that predated the amendment, and that "structural damage" should be interpreted according to its plain meaning as "damage t
• Lincoln Gen. Ins. Co. v. State Farm Mut. Auto. Ins.
  9th Cir. Ct. App. Div.· 2014-02-07
  State Farm sought reimbursement from Lincoln General for personal injury protection (PIP) benefits paid to an insured injured in a taxi accident, arguing the taxi was a commercial motor vehicle. The appellate court reversed the trial court's finding that the vehicle was commercia
• United States v. Forest Hill Gardens E. Condo. Ass'n
  849 F. Supp. 2d 1262· S.D. Fla.· 2014-01-03
  A foreclosing first mortgagee's liability for unpaid assessments is limited by statute to the lesser of 12 months of unpaid common expenses or 1% of the original mortgage debt, and does not include individualized charges like interest, late fees, or attorney's fees.
• Brazil v. Billye Barkley
  9th Cir. Ct. App. Div.· 2013-11-09
  Thomas Brazil appealed an eviction default judgment and final judgment for possession entered by the trial court in favor of landlord Billye Barkley. The Ninth Circuit affirmed, holding that Florida Statute §83.60(2) unambiguously requires a tenant asserting defenses other than p
• State v. Medina
  9th Cir. Ct. App. Div.· 2013-10-16
  The State appealed the dismissal of a red light camera traffic citation issued by a Traffic Infraction Enforcement Officer (TIEO). The court affirmed the dismissal, holding that the State failed to prove the TIEO had received the statutorily required training in traffic enforceme
• United States v. Long
  1991 WL 236155· M.D. Fla.· 2013-07-23
  The court held that the weight of unusable, toxic waste byproducts from methamphetamine manufacturing should not be included in the total drug weight calculation for sentencing purposes.
• Glass v. Captain Katanna's, Inc.
  77 F. Supp. 826· M.D. Fla.· 2013-06-17
  Pregnancy discrimination claims are cognizable under the Florida Civil Rights Act (FCRA).
• In & for New Castle Cnty. Executive Risk Specialty Ins. Co. v. C.A. No. 09C-09-027 JOH First Health Grp. Corp.
  Del. Super. Ct.· 2013-05-07
  The Court held that the statutory obligations imposed by Louisiana's PPO Act, which were the subject of the Gunderson class action settlement, constituted penalties and were therefore excluded from coverage under the insurance policies. Consequently, the Settlement Class's motion
• Dobek v. City OF Minneola
  112 So. 3d 687· Fla. 5th DCA· 2013-05-03
  Dobek, a firefighter injured on the job, challenges a summary judgment dismissing his claim against the City for failing to enroll him in the Florida Retirement System (FRS). The court reverses, finding a latent ambiguity in the settlement release's carve-out provision that precl
• Pain Reduction Concepts, Inc. v. Frisbie
  147 So. 3d 12· Fla. 1st DCA· 2013-04-24
  Pain Reduction Concepts, Inc. appeals a judgment dismissing its fiduciary duty claim against stockholder and officer Adam Frisbie. The court reverses, holding that under Florida's corporate resignation statutes, Frisbie's resignation became effective when his written resignation
• TRA Farms, Inc. v. Syngenta Seeds, Inc.
  1989 WL 224897· N.D. Fla.· 2013-03-18
  The court held that filing a sworn complaint with the Department of Agriculture, as required by Fla. Stat. § 578.26(1)(a), is the sole statutory prerequisite to filing a legal action, and the entire process outlined in sections 578.26 and 578.27 need not be completed first.
• Fla. Farm Bureau Cas. Ins. Co. & Fla. Farm Bureau Gen. Ins. Co. v. State
  109 So. 3d 860· Fla. 1st DCA· 2013-03-13
  Farm Bureau challenged the Office of Insurance Regulation's disapproval of an amended sinkhole loss coverage endorsement that would have limited coverage to 25% of dwelling coverage. The court affirmed the Office's interpretation that Florida law requires insurers to offer option
• In re the complaint of Royal Caribbean Cruises Ltd.
  850 F. Supp. 2d 653· S.D. Fla.· 2013-02-04
  The liability waiver signed by the passenger is unenforceable under 46 U.S.C. § 30509 because it attempts to limit the cruise line's liability for negligence. Royal Caribbean is not exonerated from liability for failing to provide a competent jet ski operator, and its liability i
• N.H. Indem. Co. v. Scott
  407 F. Supp. 2d 1142· M.D. Fla.· 2012-12-13
  The court held that the insurance policy's 'auto accident' coverage does not extend to intentional criminal acts like robbery and battery, and the exclusion for intentionally caused bodily injury applies.
• Progressive Select Ins. Co. v. Injury Treatment Ctr. of Boynton Beach, Inc
  15th Cir. Ct. App. Div.· 2012-10-03
  Progressive Select Insurance Company appeals a summary judgment granted in favor of Injury Treatment Center, challenging the trial court's finding that Progressive's PIP insurance policy was ambiguous regarding which reimbursement schedule applied. The appellate court reversed, h
• Castellanos v. Citizens Prop. Ins. Corp.
  98 So. 3d 1180· Fla. 3d DCA· 2012-08-08
  Former unit owners of a condominium sued their insurance company for hurricane damage proceeds, claiming the new owner assigned them the right to insurance claims. The trial court dismissed the case, finding the condominium documents prohibited such assignment and vacated class c
• Martin Marietta Materials, Inc. v. Civil Action No. 7102-CS Vulcan Materials Co.
  Del. Ch.· 2012-05-04
  The Court held that Martin Marietta breached its confidentiality agreements with Vulcan Materials Company by impermissibly using and disclosing confidential information in furtherance of its hostile exchange offer and proxy contest. The Court found that the agreements limited the
• Geico Gen. Ins. Co. v. United Health
  9th Cir. Ct. App. Div.· 2012-01-11
  Geico appealed a summary judgment in favor of United Health & Rehab, a healthcare clinic that provided no-fault insurance treatment. The appellate court reversed, holding that healthcare providers must comply with statutory and administrative requirements to render lawful, compen
• DHSMV v. Satter
  9th Cir. Ct. App. Div.· 2012-01-07
  The court reviewed a license suspension following Petitioner's DUI arrest and upheld the suspension, rejecting Petitioner's argument that the concurrent Marchman Act process (involuntary commitment for substance abuse) nullified his DUI arrest. The court held that the Marchman Ac
• Lounsberry v. DHSMV
  9th Cir. Ct. App. Div.· 2012-01-04
  Charles Lounsberry petitioned for certiorari review of a Department of Highway Safety and Motor Vehicles order suspending his driver's license for refusing to provide a second breath sample during a DUI investigation. The court affirmed the suspension, holding that Florida Admini
• Glinski v. PAN Am. Bank & CNA
  79 So. 3d 781· Fla. 1st DCA· 2011-12-09
  A workers' compensation claimant receiving permanent total disability benefits since 1990 failed to timely complete and return an earnings report form as required by statute. The employer/carrier suspended her benefits for non-compliance, and the court affirmed that the suspensio
• Smith v. State
  75 So. 3d 800· Fla. 5th DCA· 2011-12-02
  Kenneth Smith appeals his conviction for drug possession, challenging the validity of his arrest for violating an open container ordinance. The court held that Smith's arrest was unlawful because the ordinance, when strictly construed, applies only to parking areas, and the evide
• Intrepid Ins. Co. v. Prestige Imports, Inc.
  78 So. 3d 583· Fla. 3d DCA· 2011-10-12
  Intrepid Insurance appeals a partial summary judgment granting Prestige Imports coverage for water damage to its auto dealership. The court reverses because a material factual dispute exists regarding whether the damage resulted from flood waters (excluded under the policy) or st
• Fla. Dep't OF Hwy. Safety & Motor Vehicles v. Nat'l Safety Comm'n, Inc.
  75 So. 3d 298· Fla. 1st DCA· 2011-10-06
  The Florida Department of Highway Safety and Motor Vehicles appealed a trial court judgment granting NSC a unilateral right to renew its five-year contract to print and distribute the Florida Driver's Handbook. The appellate court reversed, holding that the contract language does
• Colony Beach & Tennis Club, Ltd. v. Colony Beach & Tennis Club Ass'n
  456 B.R. 545· M.D. Fla.· 2011-07-27
  The bankruptcy court erred in classifying the Partnership's state law claims as 'core' proceedings and in its interpretation of the governing documents regarding responsibility for common element repairs.
• Citrus Cnty. Sch. Bd. v. State
  67 So. 3d 1127· Fla. 1st DCA· 2011-07-22
  The court held that the phrase 'late payments' in section 440.20(8)(b), Florida Statutes, includes all payments made after their due date, not just those made more than seven days late.
• Dep't OF Revenue v. The Sch. Bd. OF Hillsborough Cnty.
  62 So. 3d 686· Fla. 2d DCA· 2011-06-10
  The court held that the plain language of the statute regarding the timely filing of refund claims applies to school districts, and therefore the School Board's untimely requests barred their refund.
• Elliott v. State Farm Fla. Ins. Co.
  61 So. 3d 502· Fla. 4th DCA· 2011-06-01
  The court held that a golf cart accident occurring on a private road within a gated residential community was not covered under the Elliotts' homeowners' insurance policy because the private road did not constitute an "insured location" as defined by the policy. The court affirme
• Chartis Warrantyguard, Inc. v. Nat'l Elecs. Warranty, LLC
  Del. Ch.· 2011-01-28
  The Court granted Chartis Warranty Guard's (CWG) motion for a preliminary injunction in aid of arbitration. The Court found that CWG had a reasonable probability of success on the merits of its claim that National Electronics Warranty (NEW) breached their agreement by misusing CW
• Techmer Accel Holdings, LLC
  Del. Ch.· 2010-12-29
  The Court granted summary judgment in favor of the plaintiffs on Count I, appointing a receiver for Crescent to settle its unfinished business. The Court found that Crescent dissolved by April 21, 2009, due to the withdrawal of its general partner, Crescent Gate, and that Crescen
• City OF Wilton Manors v. Dep't of Mgmt. Servs.
  48 So. 3d 962· Fla. 4th DCA· 2010-12-01
  The City of Wilton Manors appeals the Division of Retirement's refusal to distribute premium tax revenues from casualty insurance taxes to its combined police and general employee retirement plan. The court affirms the Division's interpretation that 1999 legislation requires muni
• Gabbard v. Allstate Prop. & Cas.
  46 So. 3d 147· Fla. 5th DCA· 2010-10-22
  Gabbard appealed a summary judgment denying coverage under a personal automobile insurance policy for injuries arising from an accident involving a vehicle that was regularly used by the insured but listed only on a separate commercial policy. The court affirmed the denial, holdi
• IN & FOR Sussex Cnty. Donna Ewell & Gary Ewell v. State of Del.
  Del. Super. Ct.· 2010-07-30
  The court denied both parties' motions for summary judgment, finding that while the plaintiffs breached a clear and unambiguous condition in their insurance policy by failing to place fire extinguishers on each level of the dwelling during renovation, material questions of fact r
• Valleycrest Landscape Maint., Inc. v. State
  213 So. 3d 992· Fla. 1st DCA· 2010-04-30
  The court held that Florida's gasoline tax applies to fuel used in landscaping equipment and that the denial of a tax refund does not violate the Equal Protection Clause.
• CI Int'l Fuels v. Helm Bank, S.A.
  707 F. Supp. 2d 1351· S.D. Fla.· 2010-04-26
  The rule of unanimity, requiring all defendants to join in a removal notice, does not apply to actions removed under 12 U.S.C. § 632, a special removal statute.
• JPG Enters., Inc. v. McLELLAN
  31 So. 3d 821· Fla. 4th DCA· 2010-02-10
  The escrow deposit requirement of section 501.1375, Florida Statutes, does not apply to general contractors who contract to build a single-family residence upon land already owned by the consumer at the time the contract is signed.
• Courson v. State
  24 So. 3d 1249· Fla. 1st DCA· 2009-12-31
  An individual convicted of sex crimes in two separate cases is ineligible for exemption from sexual offender registration requirements under the 'Romeo and Juliet Law' due to the statute's plain language.
• The Value Adjustment Bd. OF BAY Cnty. v. Zane Spitzer
  27 So. 3d 116· Fla. 1st DCA· 2009-12-31
  The Value Adjustment Board of Bay County appealed a circuit court decision holding that it lacked statutory authority to conduct evidentiary hearings after special magistrates had already heard evidence and made recommendations that the VAB approved. The court affirmed, finding t
• Serv. Corp. OF Westover Hills v. Civil Action No. 2922-VCP Robert Guzzetta & Kathleen S. Guzzetta
  Del. Ch.· 2009-12-22
  The Court held that Article V of the Deed Restrictions, which governs the approval of building plans, does not grant the homeowners association authority to regulate the complete demolition of a house where no replacement structure is planned. Consequently, the homeowners associa
• IN & FOR NEW Castle Cnty. Lashanda Spencer
  Del. Super. Ct.· 2009-11-13
  The court held that under the Delaware Wrongful Death Statute, a plaintiff can potentially recover damages for mental anguish without a showing of physical injury. The court denied the defendant's motion for partial summary judgment.
• IN & FOR NEW Castle Cnty. THE Reserves Dev. Corp. & THE Reserves Mgmt. Corp. v. Esham
  Del. Super. Ct.· 2009-11-10
  The court held that the defendant waived the statute of limitations defense by failing to plead it affirmatively. The court also found that the defendant was not personally liable for homeowners association assessments under a section of the sale agreement that bound him to restr
• IN & FOR NEW Castle Cnty. Conagra Foods, Inc. v. C.A. No.: 09C-02-170 FSS E-Filed Lexington Ins. Co.
  Del. Super. Ct.· 2009-10-30
  The court held that the "Lot or Batch Provision" in the insurance policy, which defines a lot or batch as a single production run not exceeding seven days, applies to the peanut butter claims, meaning each seven-day period of production constitutes a separate occurrence for deduc
• State v. Moore
  19 So. 3d 408· Fla. 5th DCA· 2009-09-11
  Florida appeals Robert Moore's sentence after a jury convicted him of attempted second-degree murder and aggravated battery, both with weapon findings. The court affirmed the convictions but reversed the sentencing on the aggravated battery charge, holding that the trial court er
• Mears Transp. Grp., Inc. v. Zurich Am. Ins.
  660 F. Supp. 2d 1297· M.D. Fla.· 2009-08-27
  The court held that relocation expenses incurred by the insured during environmental cleanup were covered 'cleanup costs' under the policy and were not excluded, as they were necessitated by local safety regulations and directly caused by the cleanup operations.