Plain Meaning Rule

2,382 Florida cases classified under this topic, plus 953 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Metro. Cas. Ins. Co. v. Tepper
  2 So. 3d 209· Fla.· 2009-01-30 ·cited 47×
  The Florida Supreme Court resolved a conflict between district courts on the interpretation of section 627.727(6)(b), Florida Statutes, governing when an underinsured motorist (UM) insurer may pursue subrogation claims. The Court held that a UM insurer cannot bring a subrogation
• Comerica Bank & Tr. v. SDI Operating P'rs, L.P.
  673 So. 2d 163· Fla. 4th DCA· 1996-05-15 ·cited 47×
  This case addresses whether Florida Statute § 733.710, which bars claims against decedent's estates filed more than two years after death, is a statute of repose (an absolute bar) or an ordinary statute of limitations (subject to court extension). The court held it is a statute o
• Brennan v. Taft Broad. Co.
  500 F.2d 212· 5th Cir.· 1974-09-09 ·cited 47×
  The dissenting judge would have remanded the case to determine if a bona fide retirement plan existed due to a failure to disclose critical terms to the employee.
• Bennett v. ST. Vincent's Med. Ctr., Inc.
  71 So. 3d 828· Fla.· 2011-07-07 ·cited 46×
  The Florida Supreme Court held that parents of a severely brain-damaged infant are not precluded from suing for medical malpractice when the infant's neurological injury occurred outside the statutory definition of "birth-related neurological injury" under the Florida Birth-Relat
• Travelers Indem. Co. v. PCR Inc.
  889 So. 2d 779· Fla.· 2004-12-09 ·cited 46×·via Plain Language Rule
  This case concerns whether an employer's liability insurance policy covering work-related accidental injuries must provide coverage for tort claims brought under Florida's intentional-tort exception to workers' compensation exclusivity, specifically claims satisfying the objectiv
• Reynolds v. State
  842 So. 2d 46· Fla.· 2002-12-19 ·cited 46×·via Plain Language Statutory Construction
  The Florida Supreme Court resolved a conflict between district courts regarding whether section 828.12(2), the felony animal cruelty statute, requires specific intent or only general intent. The Court held that the statute requires only general intent to commit an act resulting i
• Baron Ellis Bloodworth v. State
  769 So. 2d 1117· Fla. 2d DCA· 2000-10-04 ·cited 46×
  Bloodworth appeals his probation revocation sentence of 19.3 years. The court reverses and remands, holding that under the 1997 youthful offender statute, a trial court may impose only up to 364 days in a specified facility upon probation revocation following successful completio
• Beans v. Chohonis
  740 So. 2d 65· Fla. 3d DCA· 1999-07-07 ·cited 46×·via Plain And Ordinary Meaning
  The court held that the phrase 'leave the employment... for any reason' in a stock transfer agreement unambiguously includes involuntary termination.
• United States v. NEC Corp.
  931 F.2d 1493· 11th Cir.· 1991-05-29 ·cited 46×
  The False Claims Act, as amended in 1986, does not prohibit a government employee from filing a qui tam action based on information acquired during their employment.
• United States v. Elton Royce Winchester
  916 F.2d 601· 11th Cir.· 1990-11-01 ·cited 46×
  The court held that the district court did not err in denying the motion to suppress or in its jury instructions, but did err in imposing consecutive sentences for possession of the same firearm under two subsections of 18 U.S.C. § 922(g).
• United States v. Reyes-Ruiz
  868 F.2d 698· 5th Cir.· 1989-03-13 ·cited 46×
  The court held that a prior conviction for aiding and abetting the illegal entry of an alien qualifies as a 'related offense' for the purpose of increasing the offense level under Sentencing Guideline § 2L1.1(b)(2), and a misstatement regarding the maximum term of supervised rele
• United States v. Bradford S. Taylor
  802 F.2d 1108· 9th Cir.· 1986-10-16 ·cited 46×
  The court upholds convictions based on the face value of incomplete bonds, despite disagreement on how to assess value for such instruments.
• State v. Salvation Ltd., Inc.
  452 So. 2d 65· Fla. 1st DCA· 1984-05-22 ·cited 46×·via Plain And Ordinary Meaning
  The Florida Department of Alcoholic Beverages and Tobacco appealed a hearing officer's decision invalidating an administrative rule requiring that meals served at special restaurant liquor license establishments be prepared and cooked on the premises. The court affirmed, holding
• Kingsway Amigo Ins. Co. v. Ocean Health, Inc.
  63 So. 3d 63· Fla. 4th DCA· 2011-05-18 ·cited 45×·via Plain Language Of Statute
  Kingsway Amigo Insurance Company appealed a summary judgment holding that it must pay PIP benefits at 80% of reasonable medically necessary expenses under the policy's stated methodology, rather than the lower Medicare Part B fee schedule permitted by statute. The court held that
• In & for New Castle Cnty. Amkor Tech., Inc.
  Del. Super. Ct.· 2007-11-14 ·cited 45×
  The Court held that the assignment from Citizen to Amkor was valid. The Court found that the terms 'license' and 'assignment' have distinct meanings in patent law and that the restrictions in Section 4.1 of the Patent License Agreement (PLA) regarding licensing did not apply to a
• In re Sinclair
  870 F.2d 1340· 7th Cir.· 1989-03-28 ·cited 45×
  The statute's plain meaning, which prohibits conversion of pending Chapter 11 bankruptcy cases to Chapter 12, prevails over conflicting legislative history suggesting discretionary conversion.
• Solis-Ramirez v. United States Dep't OF Just.
  758 F.2d 1426· 11th Cir.· 1985-04-25 ·cited 45×
  The court held that the savings clause does not permit an alien to elevate their status to a sixth preference immigrant without a labor certification, and the district court properly dismissed the claim.
• Scott v. Williams
  107 So. 3d 379· Fla.· 2013-01-17 ·cited 44×
  The Florida Supreme Court upheld the constitutionality of 2011 pension reform legislation (Senate Bill 2100) that converted the Florida Retirement System (FRS) from a noncontributory to contributory system, requiring current members to contribute 3% of salaries and eliminating co
• Candie Marie Anderson v. State
  87 So. 3d 774· Fla.· 2012-03-15 ·cited 44×
  The Florida Supreme Court held that to satisfy the knowledge requirement under section 322.34(2) for driving with a suspended license, the State need only prove actual receipt of notice (not actual knowledge), even when the rebuttable presumption does not apply. The Court reverse
• Fla. Birth-Related Neurological Injury Comp. Ass'n v. Dep't OF Admin. Hearings
  29 So. 3d 992· Fla.· 2010-01-14 ·cited 44×
  The Florida Supreme Court held that both participating physicians and hospitals with participating physicians on staff must provide obstetrical patients with pre-delivery notice of their participation in the Florida Birth-Related Neurological Injury Compensation Plan (NICA) to sa
• Fla. Dep't OF Revenue v. NEW SEA Escape Cruises, Ltd.
  894 So. 2d 954· Fla.· 2005-02-17 ·cited 44×
  Florida Supreme Court resolved a conflict between district courts regarding whether cruise-to-nowhere vessels qualify for a partial sales and use tax exemption. The court held that such operations constitute foreign commerce because they venture beyond Florida's three-mile territ
• Houston D. Perkins v. State
  682 So. 2d 1083· Fla.· 1996-10-31 ·cited 44×
  The Florida Supreme Court addressed whether the 1982 statutory amendments to Florida's burglary statute changed the definition of "dwelling" from the common law standard (requiring actual occupancy or intent to return) to a design-based standard (requiring only that a structure b
• The Travelers Ins. Co. v. Warren
  678 So. 2d 324· Fla.· 1996-07-18 ·cited 44×
  The Florida Supreme Court resolved a conflict between district courts regarding whether an injured passenger can recover both bodily injury liability benefits and uninsured motorist (UM) benefits under the same insurance policy when the policy's "your car" exception excludes the
• Stapleton v. Westmoreland Coal Co.
  785 F.2d 424· 4th Cir.· 1986-02-26 ·cited 44×
  The court held that the presumption of total disability due to pneumoconiosis should be invoked upon a single qualifying medical opinion or test, and that rebuttal requires consideration of all relevant medical evidence.
• Simmons v. Lawrence Schimmel, M.D.
  476 So. 2d 1342· Fla. 3d DCA· 1985-10-08 ·cited 44×·via Plain And Ordinary Meaning
  The appellate court reversed an award of attorney's fees to a defendant-physician following the plaintiff's voluntary dismissal of a medical malpractice action. The court held that a defendant cannot be deemed a "prevailing party" entitled to fees under Florida's medical malpract
• Alliance TO END Repression v. City OF Chicago
  742 F.2d 1007· 7th Cir.· 1984-08-08 ·cited 44×
  The dissenting judge argues that the majority misinterpreted a consent decree regarding FBI investigations, failing to give proper weight to the plain language and intent of the parties.
• Lopez v. Hall
  233 So. 3d 451· Fla.· 2018-01-11 ·cited 42×
  The Florida Supreme Court held that attorney's fees may be awarded under section 57.105 in dating, repeat, and sexual violence injunction proceedings under section 784.046, resolving a conflict among district courts of appeal. The Court rejected the argument that the absence of f
• State v. Chubbuck
  141 So. 3d 1163· Fla.· 2014-06-19 ·cited 42×·via Plain Language Of Statute
  The Florida Supreme Court held that a defendant seeking a downward departure sentence under Florida Statute § 921.0026(2)(d) for specialized treatment of a mental disorder or physical disability is not required to prove that such treatment is unavailable in the Florida Department
• Taylor v. Taylor
  1 So. 3d 348· Fla. 1st DCA· 2009-01-28 ·cited 42×·via Plain Language Rule
  In this Florida probate case, the appellate court reversed the trial court's determination that a prenuptial agreement did not affect the surviving spouse's intestate and elective rights. The court held that the agreement's unambiguous language providing that each party's propert
• Sanders v. City OF Orlando
  997 So. 2d 1089· Fla.· 2008-09-25 ·cited 42×·via Plain Language Statutory Construction
  The Florida Supreme Court held that the 2001 amendment to section 440.20(11)(c) of the Workers' Compensation Act did not divest Judges of Compensation Claims (JCCs) of jurisdiction to vacate or set aside settlement agreements for represented claimants. The amendment eliminated th
• Oruga Corp., Inc. v. AT&T Wireless OF Fla., Inc.
  712 So. 2d 1141· Fla. 3d DCA· 1998-06-10 ·cited 42×
  Oruga Corporation challenges whether Florida's offer of judgment statute (section 768.79) applies to class action suits and whether attorney's fees for litigating the amount of fees should be recoverable. The court holds that section 768.79 applies to all civil actions including
• State Farm Fire & Cas. Co. v. Metro. Dade Cnty. & Leonard Elias
  639 So. 2d 63· Fla. 3d DCA· 1994-05-03 ·cited 42×
  State Farm appeals a summary judgment requiring it to cover costs homeowners incur to comply with post-Hurricane Andrew building code upgrades and flood elevation requirements. The court reverses, holding that State Farm's policy exclusions for losses caused by enforcement of ord
• United States v. Myron Keene
  933 F.2d 711· 9th Cir.· 1991-04-29 ·cited 42×
  The court held that once the government moves for a departure based on substantial assistance, the sentencing court has the discretion to determine the extent of the departure, including going below the statutory minimum.
• State v. Ross
  447 So. 2d 1380· Fla. 4th DCA· 1984-02-22 ·cited 42×
  Florida appeals a trial court's decision to place a defendant convicted of armed robbery on probation with drug rehabilitation instead of imposing the mandatory minimum three-year prison sentence required by statute. The court holds that the mandatory minimum sentencing statute f
• Finnegan v. Matthews
  641 F.2d 1340· 9th Cir.· 1981-04-16 ·cited 42×
  The court held that the grandfather clause in the Social Security Act automatically qualified individuals who received state disability benefits in December 1973 for SSI benefits, exempting them from initial eligibility determinations by the Secretary.
• State v. McTIGUE
  387 So. 2d 454· Fla. 1st DCA· 1980-08-14 ·cited 42×
  The court addresses whether the Department of Health and Rehabilitative Services validly exercised delegated legislative authority by adopting rules that restrict midwifery license applicants. The court invalidates a rule requiring physician-statements from Florida-licensed physi
• Bethlehem Steel Corp. v. Occupational Safety & Health Review Comm'n & F. Ray Marshall
  573 F.2d 157· 3d Cir.· 1978-03-06 ·cited 42×
  The dissenting judge argues the majority erred in not deferring to the Occupational Safety and Health Review Commission's reasonable interpretation that a safety standard applies to maintenance workers.
• Gen. Elec. Co. v. S. Constr. Co., Inc.
  383 F.2d 135· 5th Cir.· 1967-08-28 ·cited 42×
  The court held that the one-year limitation period under the Miller Act begins to run from the date the last material was supplied, not from the date of the last material for which a claim is made.
• Insko v. State
  969 So. 2d 992· Fla.· 2007-09-20 ·cited 41×·via Plain Language Statutory Construction
  The Florida Supreme Court held that a defendant's age is an element of the crime of lewd or lascivious conduct under Florida Statute §800.04(6), not merely a sentencing factor. However, the court affirmed Insko's conviction because he waived the issue by failing to contemporaneou
• The Reform Party OF Fla. v. Black
  885 So. 2d 303· Fla.· 2004-09-17 ·cited 41×
  The Florida Supreme Court reversed a trial court's decision that removed Ralph Nader and Peter Camejo from the 2004 presidential ballot, holding that the statutory terms defining a "national party" and "national convention" were insufficiently clear to put the Reform Party of Flo
• Smith v. Crawford
  645 So. 2d 513· Fla. 1st DCA· 1994-10-26 ·cited 41×
  Jim Smith, Secretary of State and a candidate who withdrew from the gubernatorial race to become the Republican nominee for Commissioner of Agriculture, sought to participate in public campaign financing for his new race. The circuit court disqualified him from such financing and
• Jefferson Ins. Co. OF NEW York v. SEA World OF Fla., Inc.
  586 So. 2d 95· Fla. 5th DCA· 1991-09-26 ·cited 41×
  Jefferson Insurance appealed a trial court order denying coverage for a water ski performer killed during a Sea World show. The appellate court reversed, holding that an "exhibition participants" exclusion in the insurance policy clearly applied to the fatal accident and thus pre
• Lehman Bros. Kuhn Loeb Inc. v. Clark OIL & Ref. Corp.
  739 F.2d 1313· 8th Cir.· 1984-07-11 ·cited 41×
  The majority opinion holds that Congress has not violated Article III by empowering magistrates, with party consent, to enter judgments with the same force as district judges. The dissenting judge disagrees.
• State v. Floyd
  186 So. 3d 1013· Fla.· 2016-03-10 ·cited 40×
  The Florida Supreme Court reviewed jury instructions on the justifiable use of deadly force to determine whether Florida Standard Jury Instruction 3.6(f) provided conflicting guidance regarding the duty to retreat. The court held that the instructions correctly and accurately sta
• Fla. Convalescent Ctrs. v. Reed Somberg
  840 So. 2d 998· Fla.· 2003-02-06 ·cited 40×
  The Florida Supreme Court resolved a conflict between district courts regarding whether damages available to a personal representative suing a nursing home under Florida's Nursing Home Act (chapter 400) are limited by the state's Wrongful Death Act. The Court held that chapter 40
• WFTV, Inc. v. Wilken
  675 So. 2d 674· Fla. 4th DCA· 1996-06-19 ·cited 40×
  Newspapers challenged a Florida county clerk's $1.00 per page copying fee for court records, arguing it violated constitutional access rights and that a lower $.15 per page public records fee should apply. The court affirmed summary judgment, holding that the legislature may set
• State v. Watts
  558 So. 2d 994· Fla.· 1990-03-15 ·cited 40×·via Plain Language Rule
  The Florida Supreme Court resolved conflicting district court decisions regarding whether the 1985 amendment to the Youthful Offender Act limits a trial court's discretion when resentencing youthful offenders who violate community control. The Court held that the amendment impose
• United States v. Rosado
  866 F.2d 967· 7th Cir.· 1989-02-03 ·cited 40×·via Plain Language Of Statute
  The court held that a defendant "used" or "carried" a firearm under 18 U.S.C. § 924(c) when the concealed weapon was in a jacket worn to a drug transaction, even if not displayed, as it facilitated the crime. The court also held that a prosecutor's remark about "organized crime"
• City OF Austin v. Decker Coal Co.
  701 F.2d 420· 5th Cir.· 1983-03-28 ·cited 40×
  The court held that the Montana Department of State Lands' determination that a portion of the mining area contained 'Section 9' characteristics, which necessitated a change in mining methods and increased costs, constituted a 'new regulation' under the contract's pass-through pr
• Symons v. Chrysler Corp. Loan Guar. Bd.
  670 F.2d 238· D.C. Cir.· 1981-12-04 ·cited 40×
  The dissent argues that the Chrysler Corporation Loan Guarantee Board is an 'agency' subject to the Sunshine Act because its members are appointed and confirmed officials serving on a collegial body. The majority found the Act inapplicable.