Plain Meaning Rule

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

• BDO Seidman, LLP v. Banco Espirito Santo Int'l, Ltd.
  26 So. 3d 1· Fla. 3d DCA· 2009-08-12
  The court held that the trial court erred in issuing a blanket denial of post-judgment discovery under section 45.045(3) of the Florida Statutes, as the statute permits limited discovery to determine asset dissipation.
• Legg v. State
  15 So. 3d 918· Fla. 1st DCA· 2009-08-06
  The court held that a trial court lacks authority to order a defendant found incompetent to stand trial to surrender his driver's license under Florida Statute § 322.2505, which applies only to persons adjudicated incapacitated under the guardianship law (§ 744.331), not those fo
• United States v. Brummer
  632 F. Supp. 2d 1216· S.D. Fla.· 2009-07-07
  The court held that firearms involved in a knowing and willful violation of 18 U.S.C. § 922(e) are subject to forfeiture under 18 U.S.C. § 924(d)(1).
• Arch Creek Yacht Sales, LLC v. Great Am. Ins.
  633 F. Supp. 2d 1351· S.D. Fla.· 2009-04-24
  The court held that an off-duty employee who steals from his employer is considered an 'employee' under an insurance policy exclusion, and the proximate cause of loss due to salvage company negligence is a question for trial.
• Brock v. Bd. OF Cnty. Comm'rs OF Collier Cnty.
  9 So. 3d 635· Fla. 2d DCA· 2009-01-30
  The Clerk of Collier County appealed a trial court judgment declaring that interest earned on county funds invested by the Clerk was not income to the Clerk's office. The appellate court reversed, holding that Florida Statute § 28.33 unambiguously provides that such interest cons
• Smith v. Under Armour, Inc.
  593 F. Supp. 2d 1281· S.D. Fla.· 2008-12-18
  The court held that the Fair and Accurate Credit Transactions Act's (FACTA) prohibition on printing credit card expiration dates applies only to physically printed receipts, not electronic on-screen displays.
• Smith v. Zazzle. Com, Inc.
  589 F. Supp. 2d 1345· S.D. Fla.· 2008-12-09
  The Fair and Accurate Credit Transaction Act (FACTA) does not apply to internet receipts automatically displayed on a computer screen, as the term 'print' in the statute refers to tangible, paper receipts.
• Herpich v. The Est. OF Howard M. Herpich
  994 So. 2d 1195· Fla. 5th DCA· 2008-11-14
  The court held that the plain meaning of 'separation and reconciliation' in a prenuptial agreement does not encompass 'divorce and remarriage,' and thus the agreement did not survive the parties' divorce and subsequent remarriage.
• Ervin A. Higgs v. Warrick
  994 So. 2d 492· Fla. 3d DCA· 2008-11-12
  A property appraiser appealed a trial court's grant of homestead exemption to a homeowner who placed his residence in a trust and later transferred it to heirs while retaining a 99-year lease. The court affirmed, holding that under Florida's plain language statutes, a lessee with
• Washington v. State
  988 So. 2d 724· Fla. 4th DCA· 2008-08-20
  The court held that a defendant who pleaded no contest to lewd and lascivious conduct but had adjudication withheld is not deemed "convicted of a sexually violent offense" under Florida's Jimmy Ryce Act (JRA), and therefore cannot be civilly committed as a sexually violent predat
• City OF Ocala v. Green
  988 So. 2d 114· Fla. 5th DCA· 2008-07-25
  The court held that Florida Statute § 767.13 does not require a criminal conviction of the owner before a dangerous dog can be confiscated and euthanized.
• Luis Villa, Jr., M.D. v. Regalado
  981 So. 2d 659· Fla. 3d DCA· 2008-05-21
  The court held that the trial court correctly interpreted the agreement to mean the judgment was to be satisfied only by proceeds from other lawsuits, which yielded no recovery.
• Bibi v. Royal Hidden Cove AT the Polo Club Homeowners Ass'n, Inc.
  974 So. 2d 619· Fla. 4th DCA· 2008-02-27
  The court held that paragraph 7 of the mediation agreement is unambiguous and allows the appellant to void the settlement and proceed with the lawsuit if both associations do not approve the plans by the specified date.
• United States v. Mallory
  525 F. Supp. 2d 1316· S.D. Fla.· 2007-10-31
  The court held that criminal contempt under 18 U.S.C. § 401 is a Class A felony based on the plain language of the statute, and that the three-level enhancement for substantial interference with the administration of justice was warranted.
• IN & FOR Sussex Cnty. Rosemary Orner v. C.A. No. 2245-VCS Country Grove Inv. Grp., LLC
  Del. Ch.· 2007-10-12
  The Court of Chancery affirmed an arbitration award, holding that a broad arbitration clause in a subscription agreement covered the commissions dispute between the parties. The court further held that the arbitrator did not abuse his discretion by proceeding with the arbitration
• Baker v. State
  951 So. 2d 78· Fla. 1st DCA· 2007-03-13
  The court held that a business only 'sometimes' open after 11 p.m. does not meet the statutory definition of a convenience business.
• Broward Cnty. v. Fairfield Resorts Inc.
  946 So. 2d 1144· Fla. 4th DCA· 2006-12-20
  Broward County challenged a summary judgment declaring that Fairfield Resorts, a timeshare owner and operator, was not responsible for collecting the county's tourist development tax on inspection privilege packages sold to prospective timeshare buyers. The court affirmed, holdin
• Rotunno v. Bd. OF Prof'l Eng'rs
  946 So. 2d 51· Fla. 1st DCA· 2006-12-19
  Ronald Rotunno sought licensure as a professional engineer in Florida by endorsement, arguing that his engineering degree from Pennsylvania State University qualified him under Florida Statutes § 471.013(l)(a)2. The Florida Board of Professional Engineers denied his application,
• Palermo v. City OF Tampa
  945 So. 2d 550· Fla. 2d DCA· 2006-11-29
  Palermo, a longtime city employee, appealed a summary judgment denying his claim for Division B retirement benefits under a city pension plan. Although the appellate court disagreed with the lower court's statutory interpretation on one point, it affirmed the judgment because Pal
• Collier Cnty. v. State
  9th Cir. Ct. App. Div.· 2006-11-01
  Two mixed-use residential developments challenged Orange County's denial of their applications for alternative school impact fees. The appellate court affirmed the denial, holding that under the clear language of the county ordinance, alternative impact fees may only be based on
• In & for New Castle Cnty. Friends of Paladin
  Del. Super. Ct.· 2006-09-12
  The Court held that the New Castle County Board of Adjustment had subject matter jurisdiction over Edgewood Village, L.L.C.'s appeal because the Department of Land Use's decision regarding the historic significance of a stone wall constituted a zoning decision. The Court found th
• Liss v. Liss
  937 So. 2d 760· Fla. 4th DCA· 2006-09-06
  A former husband sought to modify a settlement agreement's life insurance provisions after his child support and alimony obligations substantially decreased. The court reversed the dismissal of his petition and remanded for an evidentiary hearing, holding that the agreement's ins
• Yowinkre Knoll v. Knoll
  937 So. 2d 1163· Fla. 3d DCA· 2006-09-01
  The court held that the former wife was responsible for taxes coming due during her ownership period, but the 2002 overdue taxes were the former husband's obligation as they became due during his ownership.
• Harden v. The State of Fla. & Lucy Hadi
  932 So. 2d 1152· Fla. 3d DCA· 2006-06-28
  This case interprets the Jimmy Ryce Act, Florida's civil commitment statute for sexually violent predators, to determine whether a state attorney must obtain a positive recommendation from a multidisciplinary team (MDT) before filing a petition for involuntary commitment. The cou
• IN & FOR NEW Castle Cnty. David Lawhorn v. C.A. No. 05A-06-007-JRS NEW Castle Cnty.
  Del. Super. Ct.· 2006-05-01
  The Industrial Accident Board's decision granting the County's motion to dismiss is affirmed. The Court held that the statute of limitations for workers' compensation claims, as defined by DEL. CODE ANN. tit. 19, § 2361(b), began to run from the date of the last payment, April 28
• Chase v. Mullen
  925 So. 2d 417· Fla. 5th DCA· 2006-03-31
  Chase and Horn appealed a trial court judgment that held a restrictive covenant unenforceable as ambiguous and contradictory. The appellate court reversed, finding the covenant clearly restricts the property to open space, outdoor recreation, and park purposes only, and is theref
• Stone v. Jackson Nat'l Life Ins. Co.
  934 So. 2d 532· Fla. 3d DCA· 2006-03-08
  David Stone appealed a dismissal of his complaint against Jackson National Life Insurance Company, claiming the insurer underpaid death benefits by failing to include the correct amount of interest as required by Florida Statute § 627.4615. The court affirmed the dismissal, holdi
• Lake Haven Mobile Home Owners, Inc. v. Orangeland Vistas, Inc.
  408 F. Supp. 2d 1231· M.D. Fla.· 2006-01-05
  The failure to notify every single affected homeowner of a rent increase does not invalidate the increase for all homeowners, including those who were properly notified.
• In & for New Castle Cnty. Penn Mart Supermarkets, Inc.
  Del. Ch.· 2005-12-15
  The court held that the protective covenant in Thriftway's lease, prohibiting the sale of "food or food products intended for off-premises consumption," was not ambiguous and was limited to edible items. The court found that Thriftway had waived its right to enforce the covenant
• Auto-Owners Ins. Co. v. Feli Petrik and Nihad Christian Jarallah
  915 So. 2d 640· Fla. 2d DCA· 2005-10-07
  Auto-Owners Insurance appealed a trial court's determination that its personal auto liability policy provided coverage for injuries caused by the insured's wife, and cross-appealed the court's limitation of coverage to the policy limits. The court affirmed coverage existed but re
• Beck v. Boce Grp., L.C.
  390 F. Supp. 2d 1255· S.D. Fla.· 2005-09-13
  The court held that the defendant did not breach the Subscriber Services Agreement because its obligation to pay wages was limited to the amounts reported by the client, and the statute did not require the defendant to act as a guarantor of accurate wage reporting.
• Guetzloe v. The City OF Daytona Beach
  901 So. 2d 415· Fla. 5th DCA· 2005-05-20
  The City was not required to hold a referendum on proposed charter amendments because the statutorily mandated fees for petition signature verification were not paid in advance.
• Bestone E. Coast USA Corp. v. Sanchez
  899 So. 2d 379· Fla. 1st DCA· 2005-03-29
  The court affirmed an award for continued treatment for a shoulder injury but reversed an award for treatment with a specific orthopedist for a knee injury, finding the employer/carrier did not waive their right to dispute the specific physician by providing a list of qualified a
• State v. Moore
  892 So. 2d 1218· Fla. 1st DCA· 2005-02-15
  The court held that the owner of a certificated security can be prosecuted for violating statutes related to falsely disposing of a stock certificate, even if a replacement certificate was issued.
• Noblin v. Harbor Hills Dev., L.P.
  896 So. 2d 781· Fla. 5th DCA· 2005-01-14
  Nancy Noblin appeals a summary judgment extinguishing her easement rights to access property to extract oil and mineral deposits she owns. The court holds that Noblin has an implied easement to access the property for mineral exploration and extraction, but reverses summary judgm
• Black v. Orange Cnty.
  888 So. 2d 156· Fla. 5th DCA· 2004-12-03
  The court held that the developer dedicated the 60-foot easement for roadway purposes when the subdivision was platted, making summary judgment for the county appropriate.
• Antoon Vreuls v. Progressive Emp'r Servs. & RSKCo
  881 So. 2d 688· Fla. 1st DCA· 2004-08-30
  This workers' compensation appeal addresses whether permanent total disability supplemental (PTDS) benefits should be calculated using the standard permanent total disability rate (66⅔% of average weekly wage) or the higher catastrophic temporary total disability rate (80% of ave
• IN & FOR NEW Castle Cnty. Tiffany Lewis & Tyrone Curtis v. Am. Indep. Ins. Co.
  Del. Super. Ct.· 2004-06-22
  The court granted the defendant's motion for judgment on the pleadings, holding that under Delaware law, the plaintiffs were not entitled to underinsured motorist (UIM) benefits because the tortfeasor's liability limits did not fall below the plaintiffs' UIM coverage limits, and
• G.E.L. Corp. v. Dep't OF Env't Prot.
  875 So. 2d 1257· Fla. 5th DCA· 2004-06-04
  G.E.L. Corporation challenged the dismissal of its petition for attorney's fees under Florida's Administrative Procedure Act after Orange City voluntarily dismissed its underlying permit challenge. The court held that an administrative law judge has jurisdiction to award attorney
• Courtesy Auto Grp., Inc. v. Garcia
  874 So. 2d 1220· Fla. 5th DCA· 2004-05-21
  Courtesy Auto Group appealed a trial court order certifying a class action under Florida's Motor Vehicle Lease Disclosure Act and allowing Wilma Garcia to serve as class representative. The appellate court affirmed, holding that the statute's plain language requiring lessors to p
• Hayes v. David
  875 So. 2d 678· Fla. 1st DCA· 2004-05-18
  Robert Hayes petitioned for certiorari review after a circuit court denied his habeas corpus petition challenging his subjection to conditional release supervision by the Florida Parole Commission. The court held that Hayes was not statutorily eligible for conditional release bec
• Guideone Elite Ins. v. Old Cutler Presbyterian Church, Inc.
  328 F. Supp. 2d 1346· S.D. Fla.· 2004-05-06
  The court held that the Church's general insurance policy's sexual misconduct exclusion unambiguously applied to injuries arising from a third party's sexual misconduct, and that all criminal acts were incidental to the sexual misconduct.
• Coral Cadillac, Inc. v. Stephens
  867 So. 2d 556· Fla. 4th DCA· 2004-03-03
  Coral Cadillac sold a used demonstration vehicle to a consumer, misrepresenting it as factory fresh when it had actually been in an accident and repaired. The jury found fraudulent misrepresentation and awarded $12,500 in compensatory damages and $133,050 in punitive damages. The
• Edwards v. Safeguard Ins.
  323 F. Supp. 2d 1263· M.D. Fla.· 2004-02-20
  Florida Statute § 627.737(4) precludes the recovery of punitive damages in any action against an automobile liability insurer for damages exceeding policy limits, including common law third-party bad faith claims.
• Harry and Suzanne Kurchner v. State Farm Fire & Cas. Co.
  858 So. 2d 1220· Fla. 3d DCA· 2003-11-12
  The court held that cryopreserved sperm, once removed from the body, constitutes property and its destruction does not fall under the definition of 'bodily injury' in an insurance policy.
• Shulmister v. Larkins
  856 So. 2d 1149· Fla. 4th DCA· 2003-10-29
  The Fourth District Court of Appeal reversed a trial court's injunction blocking implementation of a Pompano Beach charter amendment proposed by initiative petition, holding that the city charter's single-subject rule for ordinances and resolutions does not apply to amendments pr
• Burgos v. Univ. of Cent. Fla. Bd. of Trs.
  283 F. Supp. 2d 1268· M.D. Fla.· 2003-08-28
  The court held that the plaintiff failed to demonstrate a substantial likelihood of success on the merits for a preliminary injunction, as he did not possess a constitutionally protected right to immediate admission to the university.
• Golden Voice Tech. & Training, L.L.C. v. Rockwell FirstPoint Contact Corp.
  267 F. Supp. 2d 1190· M.D. Fla.· 2003-05-20
  The court adopted the Magistrate Judge's recommendation to construe disputed claim terms in favor of the patent holder, Golden Voice.
• Castro v. Miami-Dade Cnty. Code Enf't
  844 So. 2d 784· Fla. 3d DCA· 2003-05-14
  The Castros were cited for illegally storing their boat in front of their house, but the court reversed, finding that temporary parking of a boat for two nights constitutes "parking" rather than "storage" under the plain meaning of the county code, which prohibits storage only in
• Golden Voice Tech. Training, L.L.C. v. Rockwell Elec. Commerce Corp.
  267 F. Supp. 2d 1178· M.D. Fla.· 2003-03-21
  The court held that earlier versions of Rockwell's Convergence product allowed more than six prerecorded response messages to be accessible, thus violating the Settlement Agreement's license terms and potentially infringing Golden Voice's patents.