Plain Meaning Rule

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

• Yono v. Columbus Landings, Ltd.
  602 F.2d 129· 6th Cir.· 1979-07-23
  The court should have granted rescission of the contract because the defendant materially breached the agreement by failing to complete all roads within the stipulated three-year period.
• Washburn v. AETNA Life Ins. Co.
  366 So. 2d 464· Fla. 4th DCA· 1978-12-27
• W. Sec. Co. v. Nat'l Reserve Life Ins. Co.
  570 F.2d 269· 8th Cir.· 1978-02-08
  The court held that the transfer of a controlling interest in Western Securities' stock to a voting trust constituted a transfer of ownership triggering the termination clause of the servicing agreement.
• Merritt Square Corp. v. State
  354 So. 2d 143· Fla. 1st DCA· 1978-01-27
  Merritt Square appeals a tax assessment under Florida Statutes Section 203.01, which imposes a tax on gross receipts from electricity sales. The court affirms the tax liability, holding that the statutory text unambiguously applies to private utilities selling electricity to tena
• Palladeno Fin. Grp. of Broward Cnty. v. Johnson
  47 Fla. Supp. 82· Broward Cty. Ct.· 1977-10-10
  Palladeno Financial Group sued Mary Johnson to collect on a Bankamericard debt accumulated during her marriage to Larry Floyd. The court held that under a separation agreement incorporated into the Georgia divorce decree, the husband was responsible for all outstanding indebtedne
• Royal W. Sims & the R. W. Sims Tr. v. W. Steel Co.
  551 F.2d 811· 10th Cir.· 1977-03-25
  A settlement releasing a direct infringer without reserving rights against a contributory infringer or inducer releases the latter under Utah law, and a contract provision requiring the 'return' of documents only applies if those documents were previously delivered.
• United States v. Fraley
  538 F.2d 626· 4th Cir.· 1976-07-30
  The court held that the statute prohibiting obstruction of communication to a criminal investigator applies to threats made against the investigator, even if the primary purpose is to prevent the communication of information.
• The Newspaper Guild v. Levi
  539 F.2d 755· D.C. Cir.· 1976-07-01
  The Court held that section 4(b) of the Newspaper Preservation Act does not require prior Attorney General approval for all joint newspaper operating agreements, but only for those seeking an antitrust exemption.
• The Fid. & Cas. Co. OF NEW York v. Baldwin
  514 F.2d 111· 6th Cir.· 1975-04-21
  The court held that the insurer was not liable because the vehicle involved in the accident was neither owned nor offered for sale by the dealer at the time of the accident, as required by the statute.
• United States v. The Prudential Ins. Co. OF Am.
  461 F.2d 208· 5th Cir.· 1972-05-31
• Gaddis v. Calgon Corp.
  449 F.2d 1318· 5th Cir.· 1971-11-02
  The court held that the patent venue statute is specific and unambiguous, and a plaintiff need only show that the defendant has a regular and established place of business in the district, not necessarily that the specific division accused of infringement does.
• Cloied Tinker and Mabel Tinker v. ST. Joseph Lead Co.
  438 F.2d 1190· 8th Cir.· 1971-03-01
• Abbott v. Burleigh House, Inc.
  34 Fla. Supp. 195· Dade Cty. Cir. Ct.· 1970-11-16
  The court consolidated and dismissed class action suits brought by condominium purchasers against the developer and related entities, rejecting claims of fraud regarding management agreements, apartment sizes, amenities, and ownership of recreation facilities in the Burleigh Hous
• Marion Cnty. Hosp. Dist. v. Vitall Namer
  225 So. 2d 442· Fla. 1st DCA· 1969-07-24
  The Florida District Court of Appeal resolved a case of first impression regarding whether a nonresident motorist can be subjected to jurisdiction for hospital services rendered after a motor vehicle collision. The court held that Florida's Non-Resident Motor Operator's Service S
• Mullan v. The United States
  412 F.2d 1305· Ct. Cl.· 1969-07-16
  The court held that the phrase 'coincident with the cancellation' in the lease termination provision created an ambiguity, allowing for parol evidence to determine the parties' intent, and that the cancellation right was exercisable only at the time the new building was ready for
• State of Fla. ex rel. v. The City Comm'n OF the City OF Lighthouse Point
  186 So. 2d 823· Fla. 4th DCA· 1966-05-27
  Florida electors sought mandamus to compel a city to hold a referendum on a zoning ordinance, but the court held that a valid referendum petition must be directed at an ordinance that has already been adopted, not a proposed ordinance subject to future amendments.
• Federated Mut. Implement & Hardware Ins. Co. v. Gupton
  357 F.2d 155· 4th Cir.· 1966-03-02
  The court held that an employee injured while delivering gasoline from his employer's truck, and pinned between his employer's truck and another vehicle, was "using" the employer's truck within the meaning of the uninsured motorist endorsement.
• Lanier v. Upthegrove
  16 Fla. Supp. 65· Palm Beach Cty. Cir. Ct.· 1960-05-26
  Plaintiffs challenged a Democratic Party executive committee chairman's refusal to recognize them as committee members based on their failure to take a party loyalty oath. The court held that plaintiffs, who were appointed to fill vacancies rather than elected as candidates, were
• Dewitt v. State Farm Mut. Auto. Ins. Co.
  16 Fla. Supp. 75· Duval Cty. Cir. Ct.· 1960-05-23
  DeWitt appeals a small claims court judgment awarding dental expenses under an automobile insurance policy. The circuit court reversed, holding that dental expenses incurred more than one year after an accident are not recoverable under the policy's one-year limitation, even if p
• Foley Hooper and Eric Hooper v. State Rd. Dep't of Fla.
  105 So. 2d 515· Fla. 2d DCA· 1958-10-01
  Property owners appealed a judgment sustaining the defendant's objection to evidence of business damages in a condemnation case. The court reversed, holding that Florida Statute § 73.10(4) requires only that a business be established for more than five years before taking, not th
• Est. OF OEI Tjong Swan v. Commissioner OF Internal Revenue
  247 F.2d 144· 2d Cir.· 1957-07-29
  Assets in bank accounts held by foreign foundations are includible in a nonresident alien's estate if the decedent retained control, but cash deposits are exempt under § 863(b) if made by or for the nonresident, regardless of the ultimate beneficiary.
• Kendrick M. Cole v. Young
  226 F.2d 337· D.C. Cir.· 1955-07-28
  The court held that the President's Executive Order extending summary dismissal provisions to non-sensitive positions was constitutional and that the employee received adequate notice of termination.
• Owens v. Am. Sur. Co. of N.Y.
  217 F.2d 334· 5th Cir.· 1954-12-09
  The court held that the contract required the plaintiff to perform only such work as was specifically authorized by the defendant surety, and since no further authorization was given, the plaintiff failed to state a claim for breach of contract regarding unperformed work.
• Mullen v. Pac. Mut. Life Ins. Co.
  179 F.2d 556· 3d Cir.· 1950-01-18
  The court held that the insurance policy's exclusion clause, which relieved the insurer from liability for disability resulting from sickness contracted while the insured was engaged in military or naval service in time of war, applied to the plaintiff's illness contracted while
• Holmes v. Frederick W. Berens, Inc.
  149 F.2d 388· D.C. Cir.· 1945-05-14
  The court held that the commission was only payable if sales resulted from negotiations initiated by the appellants' introduction.
• Consol. Coppermines Corp. v. Nev. Consol. Copper Co.
  64 F.2d 440· 9th Cir.· 1933-04-06
  The dissenting judge believes the contract should be strictly construed according to its plain language, granting all ore west of the contract plane to the Coppermines Company. The majority's interpretation, which allows the Nevada Company to continue shovel mining indefinitely b
• Corr. on page 7.
  Del. Ch.·
  The court granted Immtech's motion for summary judgment, finding that Pharm-Eco breached the Letter Agreement by failing to grant or assign the exclusive license and by pledging its Immtech shares in violation of agreed-upon restrictions. The court held that the Letter Agreement'
• Magee v. Bunting
  Del. Ch.·
  The court held that the plaintiff, Magee, owns the irrigation systems. The court found that the lease provision regarding improvements did not apply to pre-existing systems and that an oral agreement between Magee and the landlord's predecessor granted Magee ownership. Consequent