Plain Meaning Rule

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

• Beach Robo, Inc. v. Crown Cent. Petroleum, Inc
  860 F.2d 606· 4th Cir.· 1988-11-03
  The grandfather clause of the Virginia Petroleum Products Franchise Act exempts a retail gasoline outlet that was operated by a producer or refiner on July 1, 1979, even if subsequently operated by a company that is not a producer or refiner.
• S. Broward Hosp. Dist. v. Gaudia
  533 So. 2d 880· Fla. 4th DCA· 1988-11-02
• The Brechteen Co. v. The United States
  854 F.2d 1301· Fed. Cir.· 1988-08-19
  The court held that collagen sausage casings are not classifiable as 'integuments' under TSUS Item 190.58, but rather as 'other' sausage casings under TSUS Item 790.47.
• Gilmore v. Civil Serv. Bd. OF Santa Rosa Cnty.
  528 So. 2d 1271· Fla. 1st DCA· 1988-07-22
  Gilmore appeals the denial of his mandamus petition seeking to compel the Civil Service Board of Santa Rosa County to conduct a runoff election after he finished second in a multi-candidate race with a plurality but not a majority of votes. The court reverses, holding that the sp
• Curry v. State
  522 So. 2d 887· Fla. 2d DCA· 1988-02-17
  The court held that the Intoxilyzer breath-testing device, which uses infrared spectroscopy without involving chemical reactions, constitutes an approved chemical test under Florida's DUI statute. The decision rejected a narrow interpretation requiring actual chemical reactions a
• Spearman Co. v. Caspar W. Weinberger
  837 F.2d 1171· D.C. Cir.· 1988-02-02
  The court held that a business owner leaving federal employment between bid opening and contract award does not violate FAR 3.601, and the bid was responsive under FAR 14.404-2(d).
• White v. Pierce
  834 F.2d 725· 9th Cir.· 1987-12-18
  The court held that the HUD regulation, when interpreted to allow only one application of the state's percentage reduction and one compensating recalculation by HUD, does not violate the Housing Act of 1937, despite the conflicting provision in the Social Security Act allowing st
• Metric Sys. Corp. v. US Dept. of Air Force
  673 F. Supp. 439· N.D. Fla.· 1987-10-13
  The court held that the plain language of 28 U.S.C. § 1491(a)(3) vests exclusive jurisdiction in the United States Claims Court for preaward contract claims seeking declaratory and injunctive relief, and that this statutory grant is constitutional under the public rights exceptio
• Springdale Mem'l Hosp. Ass'n, Inc. v. Otis R. Bowen, M.D.
  828 F.2d 491· 8th Cir.· 1987-09-10
  The court denied the petition for rehearing en banc, indicating a lack of majority support for rehearing the case.
• Roberts v. Dep't of Prof'l Reg.
  509 So. 2d 1227· Fla. 1st DCA· 1987-07-07
  Margaret Roberts sought judicial review of an administrative decision denying her eligibility to take the general contractor's examination. The court reversed, finding the licensing board impermissibly added a requirement that four years of experience must be obtained while certi
• United States v. Neeman Y. Naaman
  813 F.2d 1577· 9th Cir.· 1987-04-09
  The court held that possessing rubber stamps capable of making an impression of a nonimmigrant visa does not constitute possessing an 'impression' within the meaning of 18 U.S.C. § 1546.
• Hector v. Immigr. & Naturalization Servs.
  810 F.2d 65· 3d Cir.· 1987-01-28
  The court held that the Immigration and Nationality Act's suspension of deportation provision strictly defines 'child' and does not permit consideration of hardship to nieces, even if the relationship is functionally equivalent to parent-child.
• Bewick v. State
  501 So. 2d 72· Fla. 5th DCA· 1987-01-15
  The court held that a prior conviction for driving while intoxicated without injury or damage is sufficient to trigger the felony enhancement provisions for a subsequent conviction of driving while intoxicated causing serious bodily injury.
• LCDR (Ret.) Lawrence Brown and Alice Brown v. City OF Covington
  805 F.2d 1266· 6th Cir.· 1986-11-20
  Prior to the 1975 amendment, government entities were not included in the definition of 'person' under the Securities Exchange Act of 1934. Therefore, a city cannot be held liable under § 10(b) or Rule 10b-5 for acts committed before the amendment.
• ST. Paul Fire & Marine Ins. Co. v. McBRAYER
  801 F.2d 1012· 8th Cir.· 1986-09-22
  The court held that the employer's intentional act of forcibly removing the employee, even without intent to cause injury, did not constitute an "accidental event" under the insurance policy's plain language, thus precluding coverage.
• Comavi Int'l v. Rockwell Int'l Corp.
  797 F.2d 912· 10th Cir.· 1986-07-30
  The court held that the attorney's fee agreement was clear and unambiguous, and that the attorney was entitled to fees for defending his right to the original fee award.
• Daniel v. Holmes Lumber Co.
  490 So. 2d 1252· Fla.· 1986-06-26
  The Florida Supreme Court answered a certified question of great public importance regarding whether workers' compensation claims are timely when filed within two years of the last voluntary compensation payment or remedial treatment, even if a two-year gap occurred since the ori
• Seitlin & Co. v. Dirk R. Doebler
  489 So. 2d 1200· Fla. 3d DCA· 1986-06-10
  In consolidated appeals, the court addressed whether a fire loss at a U.S. military base in Portugal's Azores Islands was covered under an insurance policy limiting coverage to U.S. territories or possessions, and whether the insurance agent was liable for issuing a certificate o
• Johnson v. Offshore Tankers Serv., Inc.
  789 F.2d 1417· 9th Cir.· 1986-05-20
  Masters are not entitled to bring an action for penalty wages under 46 U.S.C. § 596, but the exemption in 46 U.S.C. § 544 for "sail or steam vessels" does not apply to diesel vessels.
• Sorrels v. Donovan
  786 F.2d 906· 9th Cir.· 1986-04-07
  The dissenting judge holds that an employee who voluntarily leaves employment in anticipation of an inevitable loss of work has not been "laid off" within the meaning of the Redwood Act.
• Suburban Transit Corp. & Am. Bus Ass'n v. Interstate Commerce Comm'n & United States
  784 F.2d 1129· D.C. Cir.· 1986-03-07
  The Commission may remove operating restrictions only if their removal authorizes interstate transportation to intermediate points on a route, and not if such service is already permitted.
• Eusebio Moreno-Alaniz v. United States Immigr. & Naturalization Serv.
  781 F.2d 1054· 5th Cir.· 1986-01-29
  The court held that the Supreme Court's decision in INS v. Phinpathya, which strictly interprets the 'continuous physical presence' requirement for suspension of deportation, applies retroactively and was correctly applied to the petitioner's case.
• Fed. Deposit Ins. Corp. v. First State Bank OF Abilene
  779 F.2d 242· 5th Cir.· 1985-12-27
  The court held that a post-petition loan to a bankruptcy trustee was not a 'collection expense' or 'disbursement' under the original loan participation agreement.
• Sec. First Fed. Sav. & Loan Ass'n v. Chamberlain
  482 So. 2d 433· Fla. 5th DCA· 1985-12-26
• Peare v. McFARLAND
  778 F.2d 354· 7th Cir.· 1985-11-27
  The court held that Indiana's law, which offsets Social Security retirement benefits against unemployment compensation when the base period employer contributed to Social Security, complies with federal law.
• J.K. Tomlinson v. Sentry Eng'g & Constr., Inc.
  777 F.2d 918· 4th Cir.· 1985-11-20
  A performance bond must expressly obligate the surety to pay attorney's fees for recovery to be allowed under South Carolina law. The indemnity principle in Addy v. Bolton does not apply to a plaintiff seeking fees for breach of contract.
• Giardino v. Comm'r OF Internal Revenue & United States
  776 F.2d 406· 2d Cir.· 1985-11-05
  The court held that life insurance proceeds paid from a qualified retirement plan are excludable from a decedent's gross estate if the beneficiary did not elect lump sum treatment, as required by I.R.C. § 402(e)(4)(B).
• Buck v. United States Aviation Underwriters, Inc.
  763 F.2d 224· 6th Cir.· 1985-06-07
  The court should affirm the district court's decision because the policy language clearly excludes Buck from coverage as an additional insured.
• Nicholson Constr. Co. v. The Standard Fire Ins. Co.
  760 F.2d 74· 3d Cir.· 1985-04-30
  The court held that the phrase "as subcontractor or otherwise" in a public construction payment bond does not extend coverage beyond the two tiers of subcontractors recognized by the Pennsylvania Public Works Contractors’ Bond Law of 1967.
• Amoco OIL Co. v. The United States
  749 F.2d 1576· Fed. Cir.· 1984-12-13
  The court held that imported merchandise, a mixture of natural gas liquids and propane exceeding 50% propane by weight, was correctly classified as a "mixture of two or more organic compounds" under TSUS item 430.00, and was not entitled to duty-free entry.
• McLANE & McLANE v. The Prudential Ins. Co. OF Am.
  735 F.2d 1194· 9th Cir.· 1984-06-26
  The court held that the amended lease granted the tenant the right to a third five-year renewal term.
• Grant v. Carotek, Inc.
  737 F.2d 410· 4th Cir.· 1984-06-18
  The court held that the non-competition clause was overly broad and unenforceable as written under Virginia law.
• Am. Indem. Co. v. Lancer, Vandroff & Sudakoff, P.A.
  452 So. 2d 594· Fla. 2d DCA· 1984-05-16
  The appellate court affirmed a DWI-manslaughter conviction, holding that a prosecutor's improper closing argument was harmless error due to overwhelming evidence of guilt.
• Zink v. State
  448 So. 2d 1196· Fla. 1st DCA· 1984-04-18
  Zink was charged with driving under the influence (DUI) on private property and sought review of the lower courts' denial of his motion to dismiss. The court held that Florida's DUI statute applies throughout the state, not merely on public streets and highways, and thus the char
• Conf. OF State Bank Supervisors v. C.T. Conover
  715 F.2d 604· D.C. Cir.· 1983-08-09
  The court affirmed the district court's grant of summary judgment, holding that the Comptroller permissibly interpreted the International Banking Act of 1978 (IBA) to allow federal chartering of foreign bank branches and agencies even if state law prohibits such operations, as lo
• Morvarid Paydar Kashanchi v. Tex. Commerce Med. Bank, N.A.
  703 F.2d 936· 5th Cir.· 1983-05-02
  The court held that the exclusion in the Electronic Fund Transfer Act for telephone-initiated transfers applies to any transfer initiated by a telephone conversation between a natural person and a financial institution employee, regardless of whether that person is the account ho
• House v. S. Stevedoring Co.
  703 F.2d 87· 4th Cir.· 1983-03-21
  The court held that an assistant deputy commissioner had the authority to approve a lump sum settlement and that the claim for reconsideration was untimely filed.
• State of La. v. La. Towing Co.
  692 F.2d 18· 5th Cir.· 1982-11-26
  The court held that the insurance policy's special condition did not extend coverage to Avondale's vessel when Avondale's vessel was solely at fault for the allision, as the policy only covered liability arising from the fault of the insured vessels listed in the schedule.
• Getty OIL Co. v. State
  419 So. 2d 700· Fla. 1st DCA· 1982-09-08
  Getty Oil Company challenged the Florida Department of Natural Resources' denial of a drilling permit for East Bay based on an alleged statutory prohibition on drilling structures on submerged lands. The court reversed DNR's overly broad interpretation of Florida Statutes Section
• E. Tenn. Natural GAS Co. v. Fed. Energy Regulatory Comm'n
  677 F.2d 531· 6th Cir.· 1982-05-10
  The court held that the Federal Energy Regulatory Commission acted within its statutory authority in promulgating rules defining 'average per day use' and 'in existence on November 9, 1978' for small industrial boiler fuel user exemptions under the NGPA, and that the notice of ru
• Biltmore Sys., Inc. v. MAI KAI, Inc.
  413 So. 2d 458· Fla. 4th DCA· 1982-05-05
  Biltmore Systems, a car leasing company, appeals a summary judgment favoring Mai Kai, Inc., regarding liability for a stolen loaner automobile. The court held that under the plain language of the lease agreement, the loaner Lincoln was a substitute vehicle for which risk of loss
• Fla. Coll. & Aetna Cas. & Sur. Co. v. Arlin Wilsher, Sr.
  410 So. 2d 969· Fla. 1st DCA· 1982-03-08
  In this workers' compensation case, the court addressed how permanent disability benefits from two successive industrial accidents should be paid when different carriers are responsible for each injury. The court held that benefits must be paid sequentially ("end-to-end") rather
• Hollywood Marine, Inc. v. United States
  451 U.S. 994· U.S.· 1981-05-18
• Gore Newspaper Co. v. Dep't OF Revenue
  398 So. 2d 945· Fla. 4th DCA· 1981-05-13
  Gore Newspaper Company challenged a use tax assessment on materials it printed in-house for its own use. The court held that Section 212.06(1)(b) of Florida Statutes imposes a use tax on tangible personal property manufactured by a person for their own use, including printed mate
• Brandau v. J. C. Penney Co., Inc.
  646 F.2d 128· 4th Cir.· 1981-04-07
  A merchant's probable cause to believe a person has willfully concealed merchandise provides an absolute defense to claims of malicious prosecution under Virginia law, not just false arrest.
• Superior Paving Inc. v. Dep't OF Transp.
  394 So. 2d 1148· Fla. 2d DCA· 1981-03-11
• The United States v. RMS Elecs., Inc.
  624 F.2d 1081· C.C.P.A.· 1980-06-26
  The court held that the term 'Rated' in TSUS item 682.05 requires that the transformer be of a kind that is normally rated, not merely capable of being rated.
• Patternmakers League OF N. Am. v. Campbell
  619 F.2d 826· 9th Cir.· 1980-05-27
  The court held that the patternmakers were not entitled to a wage survey before conversion to a general wage schedule, nor did they have a right to an administrative appeal or a constitutionally protected property interest in the special wage rates.
• Guthrie v. State Farm Mut. Auto. Ins. Co.
  382 So. 2d 1312· Fla. 4th DCA· 1980-04-28
  Curtis Guthrie sought personal injury protection benefits from State Farm after being injured while operating a stripped-down Kawasaki dirt bike. The trial court held that the vehicle qualified as a motorcycle under Florida's insurance exclusion statute, barring recovery. The cou
• Villanueva v. Motor Town, Inc.
  619 F.2d 632· 7th Cir.· 1980-04-07
  The court held that the de minimis rule and the adjustment defense under 15 U.S.C. § 1640(b) do not shield creditors from liability for Truth in Lending Act violations when the creditor fails to provide the borrower the most favorable adjustment option.