Plain Meaning Rule

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

• Palm Beach Gardens Police Pension Fund Bd. OF Trs. v. Mitchell J. Beers, P.A.
  842 So. 2d 911· Fla. 4th DCA· 2003-03-05
  The court reversed the judgment against the Board for attorney's fees, holding that a pension board hearing is not a "judicial proceeding" under section 185.40. The court affirmed the breach of contract judgment against Mamak but remanded for a redetermination of the attorney's f
• The Univ. OF Fla. v. Salahattin M. Sanal, M.D.
  837 So. 2d 512· Fla. 1st DCA· 2003-01-29
  A non-compete agreement is unenforceable if the party seeking enforcement cannot prove a legitimate business interest in substantial relationships with specific prospective or existing patients, not merely a general interest in all potential patients within a geographic area.
• Bellsouth Telecomms., Inc. v. Jacobs
  834 So. 2d 855· Fla.· 2002-10-31
  BellSouth appealed a Florida Public Service Commission order that classified its restructured late payment charge as a nonbasic service subject to a 6% annual price cap under Florida's price regulation scheme. The Florida Supreme Court affirmed, holding that the late payment char
• Venetian Isles Homeowners Ass'n, Inc. v. Albrecht
  823 So. 2d 813· Fla. 2d DCA· 2002-07-10
  The Venetian Isles Homeowners Association appealed a summary judgment that found restrictive covenants had expired on January 1, 1990, preventing enforcement against a homeowner's wall construction. The court reversed, holding that the word "modified" in the covenant language inc
• Arnaldo Velez and Maria C. Arriola Velez v. The City OF Coral Gables
  819 So. 2d 895· Fla. 3d DCA· 2002-06-19
  The Velez neighbors appealed a decision allowing the Mallos to build a residence on lot 22 in Coral Gables. The court held that Coral Gables Zoning Code section 12-2, which treats multiple platted lots with existing structures as a single building site, applies equally to structu
• Orange Cnty. v. Bellsouth Telecomms., Inc.
  812 So. 2d 475· Fla. 5th DCA· 2002-03-08
  The court held that taxes should only be assessed on the actual, reduced amount charged for telecommunication service after a refund order, not the original rate.
• van Duyn v. Truck Driver Servs., Inc.
  805 So. 2d 1107· Fla. 1st DCA· 2002-02-06
  Lisa Van Duyn appealed a worker's compensation order denying her benefits after she refused to provide a useable urine sample for a drug test following a workplace injury. The court affirmed the denial, holding that the statutory forfeiture of benefits under section 440.101(2), F
• Randy and Eileen O'Brien
  Del.· 2001-11-09
  The Delaware Supreme Court affirmed the Superior Court's dismissal of claims for diminished vehicle value. The Court held that the "repair or replace" provisions in the insurance policies unambiguously limit the insurer's liability to the cost of restoring the vehicle to substant
• Richey v. Thelma Jean Hurst & Carson B. Bomar
  798 So. 2d 841· Fla. 5th DCA· 2001-11-02
  Shirley Schleman Richey appeals a trial court's summary judgment holding that her uncle's disclaimer of a marital trust interest caused him to be legally deemed to have predeceased the grantor, thus extinguishing the marital trust and redirecting its assets to other beneficiaries
• Griffin v. J.B. Hunt Transp. & Ward N. Am.
  795 So. 2d 155· Fla. 1st DCA· 2001-09-04
  In a workers' compensation case, the court addressed whether an out-of-state physician not licensed in Florida could serve as an independent medical examiner (IME). The court held that a Georgia-licensed physician could properly perform an IME without Florida licensure or Divisio
• Morris v. State
  789 So. 2d 1032· Fla. 1st DCA· 2001-05-29
  Richard Morris was convicted on a nolo plea reserving the right to appeal the denial of his motion to dismiss a charge of committing a lewd or lascivious act in the presence of a minor under Florida Statute 800.04(4). The court affirmed the conviction, holding that verbal stateme
• Tech. Chems. & Prods., Inc. v. Porchester Holdings, Inc., John H. Faro, P.A.
  785 So. 2d 636· Fla. 4th DCA· 2001-05-02
  Technical Chemicals & Products, Inc. appeals the dissolution of a garnishment writ against Massachusetts Mutual Life Insurance Company seeking to reach the cash surrender value of life insurance policies held by judgment debtor John H. Faro. The court affirms, holding that Florid
• Philippine Cultural Found., Inc. v. State
  787 So. 2d 125· Fla. 2d DCA· 2001-04-25
  Philippine Cultural Foundation, Inc. challenged the Department of Revenue's denial of its sales tax exemption as a youth organization. The court reversed, holding that the Department's interpretation of Florida Statutes § 212.08(7)(n) was clearly erroneous because it improperly e
• Gaston Rey Alvarez v. State
  800 So. 2d 237· Fla. 3d DCA· 2001-04-11
  Petitioners charged with unlawful compensation to a public servant sought a writ of prohibition arguing the three-year statute of limitations had expired. The court held that fraud and breach of fiduciary obligation are material elements of the offense, triggering an extended lim
• Neenan v. Carnival Corp.
  993 F. Supp. 2d 353· S.D. Fla.· 2001-01-23
  The court held that the plaintiffs failed to meet the commonality requirement under Rule 23(a) and the predominance requirement under Rule 23(b)(3), thus denying class certification.
• State v. Pariya Darynani
  774 So. 2d 855· Fla. 4th DCA· 2000-12-27
  Florida prosecuted a switchblade knife vendor under section 790.225, which prohibits self-propelled knives that propel a blade as a projectile using springs, elastic material, or compressed gas. The trial court found the statute unconstitutionally vague, but the appellate court r
• Gen. Star Indem. Co. v. Solomon Zelonker
  769 So. 2d 1093· Fla. 3d DCA· 2000-09-27
  The court affirmed in part and reversed in part a judgment awarding damages under an insurance policy, holding that damage resulting from theft was not covered, but reversing the denial of coverage for damage to an air conditioning unit.
• Frankenmuth Mut. Ins. Co. v. Ernie Lee Magaha
  769 So. 2d 1012· Fla.· 2000-09-21
  The Florida Supreme Court answered two certified questions from the Eleventh Circuit regarding whether a county board can approve a lease-purchase agreement without formal resolution and whether a nonsubstitution clause violates the Florida Constitution's referendum requirements.
• City OF Miami Beach v. Metro. Dade Cnty.
  769 So. 2d 1047· Fla. 3d DCA· 2000-05-31
  The City of Miami Beach appealed a summary judgment award granting Metropolitan Dade County a 2% cable franchise fee. The appellate court reversed, holding that the County is entitled to only a 1% franchise fee because the All-Rite cable licenses were grandfathered in under a 199
• LPI/KEY W. Assocs., Ltd. v. Sarah Luna, Inc.
  749 So. 2d 564· Fla. 3d DCA· 2000-01-19
  A landlord and Dunkin' Donuts appealed from a temporary injunction that prevented them from leasing space to Dunkin' Donuts in a shopping center. The court reversed, holding that the exclusivity clause limiting tenants whose "main business purpose" is bagels or who function as a
• Canida v. Canida
  751 So. 2d 647· Fla. 3d DCA· 1999-12-22
  The Florida District Court of Appeal addressed whether parental liability under section 741.24 for a minor's property destruction applies to both divorced parents or only the custodial parent. The court held that liability attaches only to the parent with whom the child actually
• Williams v. State
  748 So. 2d 1058· Fla. 3d DCA· 1999-12-08
  Florida appellate court reversed defendant's prison releasee reoffender sentence because the statute applies only to releases from Florida Department of Corrections facilities, not out-of-state prisons.
• Lavado v. Gen. Elec. Cap. Auto Fin. Servs., Inc.
  711 So. 2d 1237· Fla. 3d DCA· 1998-05-13
  The dissenting judge holds that the lessee's insurance coverage exceeded the statutory minimum, and therefore the lessor should be granted the liability exemption.
• Perryman v. State
  744 So. 2d 1031· Fla. 4th DCA· 1997-11-19
  Kenneth Perryman pled no contest to felony charges for driving with a suspended license, but the court held that once declared a habitual traffic offender under Florida law, he could only be charged under the misdemeanor provision for his next offense, not the felony provision. T
• Wells v. State
  693 So. 2d 98· Fla. 2d DCA· 1997-05-07
  Noel Howard Wells was convicted of criminal solicitation to commit robbery with aggravated battery. The District Court of Appeal affirmed the conviction but reversed the sentence, holding that the enhancement statute could not be applied to increase the solicitation charge from a
• Tallahassee Mem'l Reg'l Med. Ctr., Inc. v. Tallahassee Med. Ctr., Inc.
  681 So. 2d 826· Fla. 1st DCA· 1996-10-11
  TMRMC challenged a summary judgment invalidating Leon County Ordinance Section 18, which required hospitals to pay for ambulance services. The court held that while the ordinance created a private cause of action and was not preempted by state law, Section 18's payment scheme con
• H.D. Callaway v. Roberts Elec. Contractors, Inc.
  678 So. 2d 500· Fla. 1st DCA· 1996-08-23
  The court held that the contract required payment for assistance rendered, not for achieving a specific outcome.
• Associated Home Health Indus. of Fla., Inc. v. Agency for Health Care Admin.
  677 So. 2d 60· Fla. 1st DCA· 1996-07-12
  Florida appellate court affirmed that a home health services rule properly implements the statutory definition limiting regulated home health services to those provided by licensed agency personnel or under agency arrangement, rejecting the challenger's argument that plain statut
• Latonn C. Mitchell v. Dep't OF Corr.
  675 So. 2d 162· Fla. 4th DCA· 1996-05-08
  Mitchell, a Department of Corrections employee, appeals his discharge following a positive cocaine urine test. The Florida District Court of Appeal affirmed his termination, holding that the Ionscan screening test was not a 'drug test' under the statute, and that positive results
• Interfirst Fed. Sav. Bank v. Burke
  672 So. 2d 90· Fla. 2d DCA· 1996-04-19
  Interfirst Federal Savings Bank appeals the dismissal of its complaint against real estate appraisers Burke and Causey for allegedly negligent and fraudulent appraisals. The trial court dismissed based on a limiting conditions clause in the appraisal, but the appellate court reve
• Dr. Thomas Purcell, M.D. v. Padgett
  658 So. 2d 1237· Fla. 1st DCA· 1995-08-17
  Dr. Purcell appealed a Judge of Compensation Claims decision limiting his expert witness deposition fee to $200 per day under Florida's workers' compensation statute. The court held that an independent medical examination (IME) involving a physical examination constitutes direct
• Am. Ins. Ass'n v. Fla. Dep't OF Ins.
  657 So. 2d 951· Fla. 1st DCA· 1995-07-17
  The Florida Department of Insurance amended a rule requiring the FPCJUA to provide windstorm coverage in areas eligible for FWUA coverage and to automatically cover all risks in specified classifications without individual eligibility determinations. The court reversed, holding t
• Cohen v. Fla. Dep't of Law Enf't
  654 So. 2d 1058· Fla. 1st DCA· 1995-05-22
  The court held that a veteran's preference under Florida law expires if the veteran has been employed by any state, not just Florida.
• Hartford Accident & Indem. Co. v. Bennett
  651 So. 2d 806· Fla. 5th DCA· 1995-03-10
  Hartford appeals a summary judgment declaring that Scotty's, a retailer, was an insured under a vendor's endorsement on a Hartford policy issued to Marco Wood Products. The court holds that Scotty's is not an insured because the display model that caused injury was neither distri
• Kanouse v. Gunster
  168 B.R. 441· S.D. Fla.· 1994-06-08
  The court affirmed the bankruptcy court's grant of summary judgment, holding that Kanouse was not entitled to relief under 11 U.S.C. § 525(b) because he was not a debtor or former debtor at the time of the alleged discrimination. The court also denied Gunster's petition for an in
• Stuart Yacht Club & Marina, Inc. v. State
  625 So. 2d 1263· Fla. 4th DCA· 1993-10-06
  Stuart Yacht Club challenged DNR's proposed rules implementing Florida's Pollutant Spill Prevention and Control Act, arguing they exceeded delegated authority and failed to comply with rulemaking procedures regarding economic impact statements. The court affirmed rules 16.032 and
• United States v. Krabbenhoft
  998 F.2d 591· 8th Cir.· 1993-07-12
  The court held that the district court did not exceed its authority by imposing a 15-month prison term upon revocation of supervised release, as it did not improperly combine statutory alternatives.
• J.J. v. State
  620 So. 2d 1139· Fla. 3d DCA· 1993-07-06
  J.J., a juvenile, was adjudicated delinquent for violating Florida Statute section 790.22(1) by using a weapon without adult supervision. The court reversed, holding that section 790.22 prohibits minors from using weapons but does not create a criminal offense subjecting juvenile
• Idaho First Nat'l Bank v. Commissioner OF Internal Revenue
  997 F.2d 1285· 9th Cir.· 1993-06-24
  The court held that losses incurred from selling assets of an acquired insolvent corporation are 'built-in deductions' and cannot be offset against the income of other members of the consolidated group, even if the sale was motivated by a rehabilitative purpose.
• Commonwealth of Pa. Off. of the Budget v. Dep't OF Health & Human Servs.
  996 F.2d 1505· 3d Cir.· 1993-06-11
  The Commonwealth of Pennsylvania is entitled to retain interest earned on federal grant money used in its self-insurance reserves, as the funds were pending disbursement for program purposes under the Intergovernmental Cooperation Act.
• Ranger Ins. Co. v. The Est. OF Max Mijne
  991 F.2d 240· 5th Cir.· 1993-05-21
  The court held that the insurance policy's definition of 'passenger' included pilots, and the exclusion for 'renter pilots' applied to who was protected from liability, not to what injuries were covered.
• United States v. Williams
  994 F.2d 646· 9th Cir.· 1993-05-19
  A scholarship recipient who fails to extend their contract for a subsequent year, thereby not accepting funds for that year, does not fall under the provision for repayment of only funds received; they remain liable for treble damages for breaching their overall service obligatio
• In re Hammers v. Internal Revenue Serv.
  988 F.2d 32· 5th Cir.· 1993-04-13
  A Chapter 13 debtor's noncontingent, liquidated, unsecured debt exceeding $100,000 renders them ineligible for Chapter 13 relief, and the bankruptcy court has authority to dismiss such a case sua sponte.
• Deep S. Prods. & Crawford & Co. v. Beach
  616 So. 2d 156· Fla. 1st DCA· 1993-03-30
  The court held that the employer/carrier must prove an employee's incarceration directly affected their ability to perform work for wage-loss benefits to terminate permanently under the statute.
• United States v. Sheek
  990 F.2d 150· 4th Cir.· 1993-03-30
  The majority holds that a person whose parental rights have been terminated by court order is not a 'parent' for purposes of the Lindbergh Act's parental exemption, thus allowing federal prosecution for kidnapping.
• In re Channel Home Ctrs., Inc. v. Channel Home Ctrs., Inc.
  989 F.2d 682· 3d Cir.· 1993-03-30
• Guilzon v. Commissioner OF Internal Revenue
  985 F.2d 819· 5th Cir.· 1993-03-15
  A lump-sum payment from the Civil Service Retirement System (CSRS) is taxable if the retirement plan does not provide benefits derived from employer contributions, as required by 26 U.S.C. § 414(k).
• United States v. Proyect
  989 F.2d 84· 2d Cir.· 1993-03-15
  The court held that the mandatory minimum sentence statute and sentencing guidelines apply regardless of whether marijuana plants are male or female, and that the statute has a rational basis for its penalties.
• Ry. Labor Executives' Ass'n v. Nat'l Mediation Bd.
  988 F.2d 133· D.C. Cir.· 1993-03-09
  The dissent's reliance on Chevron is misplaced because the National Mediation Board (NMB) lacks delegated authority to initiate representation proceedings, a power not granted by Congress.
• United States v. Curtis
  988 F.2d 946· 9th Cir.· 1993-03-08
  Federal employees acting within the scope of their employment are subject to criminal prosecution under the Clean Water Act.