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

• Heppner v. Alyeska Pipeline Serv. Co.
  665 F.2d 868· 9th Cir.· 1981-11-16 ·cited 40×
  The Trans-Alaska Pipeline Authorization Act's strict liability provision does not cover ordinary personal injury claims unrelated to the pipeline's environmental risks.
• Fed. Trade Comm'n v. Tuttle
  244 F.2d 605· 2d Cir.· 1957-04-02 ·cited 40×
  The court held that the plain meaning of "such documentary evidence" in Section 9 of the FTC Act limits the FTC's subpoena power to evidence from corporations being investigated or proceeded against.
• Solveig Edna Hill v. Davis
  70 So. 3d 572· Fla.· 2011-09-01 ·cited 39×
  The Florida Supreme Court resolved a conflict between district courts over whether the three-month filing deadline in section 733.212(3) of the Florida Probate Code bars objections to a personal representative's qualifications when those objections are filed late. The Court held
• Metro. Dade Cnty. v. The State of Fla. Dep't OF Env't Prot. & Sekoff Invs., Inc.
  714 So. 2d 512· Fla. 3d DCA· 1998-06-10 ·cited 39×·via Plain And Ordinary Meaning
  Miami-Dade County appealed the Florida Department of Environmental Protection's (FDEP) decision approving Sekoff Investments' eligibility for the Florida Drycleaning Contamination Cleanup Program. The County contended that Sekoff committed gross negligence by willfully violating
• United States v. Angelita Martinez-Zayas
  857 F.2d 122· 3d Cir.· 1988-08-31 ·cited 39×
  The court held that the district court erred in imposing a sentence below the statutory mandatory minimum, as the quantity of cocaine triggered the mandatory ten-year sentence under 21 U.S.C. § 841(b)(1)(A).
• Paul v. State
  129 So. 3d 1058· Fla.· 2013-04-11 ·cited 38×·via Plain Language Statutory Construction
  The Florida Supreme Court resolved a conflict between district courts on whether shooting into an occupied vehicle under section 790.19 qualifies as a forcible felony for purposes of enhanced sentencing under the prison releasee reoffender (PRR) statute. The court held that the o
• Hampton v. State
  103 So. 3d 98· Fla.· 2012-07-12 ·cited 38×·via Plain And Ordinary Meaning
  John Lee Hampton was convicted of first-degree murder for the June 2007 death of Renee McKinness in Florida and sentenced to death. On direct appeal, the Florida Supreme Court affirmed Hampton's conviction and death sentence, rejecting claims regarding juror disqualification, fel
• Hart v. The United States
  585 F.2d 1025· Ct. Cl.· 1978-10-18 ·cited 38×
  The court held that for tax years after 1960, the 3-year limitation period for choosing a foreign tax credit applies, as indicated by legislative history, even if the statutory language is ambiguous.
• In re Grand Jury Investigation. In re Frank Cobo
  287 So. 2d 43· Fla.· 1973-12-05 ·cited 38×
  Frank Cobo sought to suppress wiretap evidence obtained by a court-authorized Dade County wiretap during 1972 that related to crimes not enumerated in Florida's wiretap statute. The Florida Supreme Court held that a witness summoned before a grand jury has standing to challenge t
• Pedersen v. Green
  105 So. 2d 1· Fla.· 1958-07-30 ·cited 38×
  John Pedersen, who operated a zoological park, challenged sales and use tax assessments levied by Florida's Comptroller on stale bread, animal feeds, and fertilizers purchased for his animals and grounds. The Florida Supreme Court held that the Comptroller lacked authority to tax
• Stella v. Graham-Paige Motors Corp. & Kaiser-Frazer Corp.
  232 F.2d 299· 2d Cir.· 1956-03-29 ·cited 38×
  The court held that the date a purchaser becomes a "beneficial owner" under Section 16(b) is when they incur irrevocable liability to pay for stock, and that the defendant bore the burden of proving profits were less than the prima facie case established by the plaintiff.
• Villarreal v. R.J. Reynolds Tobacco Co.
  839 F.3d 958· 11th Cir.· 2016-10-05 ·cited 37×
  The Eleventh Circuit held that a job applicant cannot bring a disparate impact claim under the Age Discrimination in Employment Act (ADEA) because the relevant statutory provision, 29 U.S.C. § 623(a)(2), applies only to individuals with "status as an employee." The court also hel
• Brass & Singer, P.A. v. United Auto. Ins. Co.
  944 So. 2d 252· Fla.· 2006-11-09 ·cited 37×
  The Florida Supreme Court resolved a conflict between district courts regarding whether section 627.428 authorizes appellate courts to conditionally award attorney's fees to an insured who loses on appeal. The Court held that the plain language of the statute does not permit such
• Gordon v. Regier
  839 So. 2d 715· Fla. 2d DCA· 2003-01-15 ·cited 37×·via Plain And Ordinary Meaning
  The court held that Florida's Sexually Violent Predator Act applies only to persons in custody or total confinement at the time civil commitment proceedings are commenced. Because Gordon was released from DOC custody into the civilian population before being arrested on a DCF war
• Specialty Rests. Corp. v. City OF Miami
  501 So. 2d 101· Fla. 3d DCA· 1987-01-20 ·cited 37×
  Specialty Restaurants challenged the City of Miami's consent to a sublease that allowed the sale of alcoholic beverages beyond beer on adjacent property, arguing the master lease only permitted beer and that any modification required competitive bidding or voter approval. The cou
• United States v. Ginsburg
  773 F.2d 798· 7th Cir.· 1985-09-13 ·cited 37×·via Plain Language Rule
• Hall v. The Honorable Thomas D. Oakley
  409 So. 2d 93· Fla. 1st DCA· 1982-01-18 ·cited 37×
  Petit larceny may not be used for impeachment purposes under § 90.610(1), Florida Statutes, unless the prosecution demonstrates that such crime involves some element of deceit, untruthfulness, or falsification bearing upon the defendant's capacity to testify truthfully.
• Kiss v. State
  42 So. 3d 810· Fla. 4th DCA· 2010-07-07 ·cited 36×·via Plain Language Statutory Construction
  Leslie Kiss was convicted by jury on both dealing in stolen property and grand theft charges arising from the same scheme, contrary to Florida Statute § 812.025, which permits conviction on only one or the other. The court reversed and remanded for a new trial, holding that the t
• Strand v. Escambia Cnty.
  992 So. 2d 150· Fla.· 2008-09-18 ·cited 36×
  Dr. Strand challenged Escambia County's validation of $135 million in revenue bonds for a road-widening project in the Southwest Escambia Improvement District, arguing the bonds required voter approval under Florida's constitutional referendum requirement. The Florida Supreme Cou
• Alethia Jones v. State
  813 So. 2d 22· Fla.· 2002-01-24 ·cited 36×·via Plain Language Interpretation
  The Florida Supreme Court resolved a conflict between district courts on whether section 948.01(13), which authorizes drug offender probation for chronic substance abusers charged with drug crimes, provides an alternative sentencing scheme outside the sentencing guidelines. The C
• United States v. Foreman
  905 F.2d 1335· 9th Cir.· 1990-06-19 ·cited 36×
  The majority's interpretation of U.S. Sentencing Guideline § 3B1.3 is overly broad and misapplies the 'abuse of position of trust' enhancement.
• United States v. Blasius
  397 F.2d 203· 2d Cir.· 1968-07-08 ·cited 36×
  The court held that holding oneself out as qualified to prepare patent applications, even without claiming official recognition, violates 35 U.S.C. § 33.
• Darrius Montgomery v. State
  230 So. 3d 1256· Fla. 5th DCA· 2017-11-09 ·cited 35×
  Darrius Montgomery, convicted as a juvenile of multiple firearm offenses and sentenced under Florida's 10-20-Life statute, challenges his sentences as violating the Eighth Amendment. The Fifth District Court of Appeal holds that juvenile nonhomicide offenders sentenced to more th
• English v. State
  191 So. 3d 448· Fla.· 2016-05-12 ·cited 35×
  The Florida Supreme Court resolved a conflict between district courts on whether external obstructions (like a hanging tag light) violate Florida's license plate visibility statute. The Court held that section 316.605(1) requires license plates to be plainly visible and legible r
• Noreen Dows and Gregory Dows v. Nike, Inc.
  846 So. 2d 595· Fla. 4th DCA· 2003-05-07 ·cited 35×
  Parents of an injured child appeal from an order enforcing a settlement agreement that required Nike to pay $100,000 based on an independent physician's answers to specific questions about the child's need for future treatment. The court reversed, holding that the plain language
• Lambert v. The Berkley S. Condo. Ass'n, Inc.
  680 So. 2d 588· Fla. 4th DCA· 1996-09-11 ·cited 35×
  James Lambert and other commercial unit owners appealed a trial court's damage award in a breach of contract case against Berkley South Condominium Association. The trial court found the condominium's governing documents ambiguous and determined that a hallway should be reclassif
• Eustache v. State
  248 So. 3d 1097· Fla.· 2018-07-12 ·cited 34×
  The Florida Supreme Court held that when a trial court revokes a youthful offender's probation for a substantive violation and imposes a sentence exceeding the youthful offender sentencing cap, the court must impose any applicable minimum mandatory sentences associated with the o
• Bioscience W., Inc. v. Gulfstream Prop. & Cas. Ins. Co.
  185 So. 3d 638· Fla. 2d DCA· 2016-02-05 ·cited 34×
  Bioscience West appealed a summary judgment favoring Gulfstream Insurance, which denied coverage based on an anti-assignment clause in the homeowner's policy. The Florida appellate court reversed, holding that while insurance policies may restrict assignment of the entire policy,
• Dep't OF Revenue obo Alanna H. Sherman v. Daly
  74 So. 3d 165· Fla. 1st DCA· 2011-11-16 ·cited 34×
  A deviation from child support guidelines is prohibited by Florida law when based on a verbal, non-formalized visitation agreement, as a written, court-authorized parenting plan is required.
• Lawnwood Med. Ctr. Inc. v. Samuel H. Sadow, M.D.
  43 So. 3d 710· Fla. 4th DCA· 2010-03-24 ·cited 34×
  A cardiovascular surgeon sued his hospital for breach of contract after being denied surgical privileges despite medical staff approval, and for slander when hospital executives made disparaging statements about his competence. The jury awarded $1.517 million in contract damages
• Murley v. Wiedamann
  25 So. 3d 27· Fla. 2d DCA· 2009-11-13 ·cited 34×·via Plain Language Rule
  In a marriage dissolution case, the Florida appellate court reversed the trial court's determination that the former wife's stock options and related employee benefits were marital property subject to equal division, finding the prenuptial agreement's plain language clearly exclu
• Mitchell v. State
  911 So. 2d 1211· Fla.· 2005-09-08 ·cited 34×
  The Florida Supreme Court held that the State is entitled to the automatic stay provision of Florida Rule of Appellate Procedure 9.310(b)(2) when appealing the dismissal of a civil commitment petition under the Jimmy Ryce Act, because such proceedings are civil in nature. However
• Allstate Ins. Co. v. Bonita H. Rudnick
  761 So. 2d 289· Fla.· 2000-05-04 ·cited 34×
  The Florida Supreme Court resolved a conflict among district courts regarding whether remaining medical payments (medpay) benefits can be offset against a jury verdict for future medical expenses in underinsured motorist cases. The Court held that future medpay benefits are not e
• Int'l Union v. Nat'l Labor Relations Bd.
  802 F.2d 969· 7th Cir.· 1986-10-03 ·cited 34×
  The National Labor Relations Board erred in dismissing the union's unfair labor practice charge because its decision lacked a coherent rationale and failed to properly consider the stringent test for waiving statutory rights.
• United States v. Smith
  795 F.2d 841· 9th Cir.· 1986-07-29 ·cited 34×·via Plain Language Statutory Construction
  The court held that undeveloped film constitutes a 'visual depiction' under child pornography statutes and that the affidavit provided sufficient probable cause for the search warrant.
• Sierra Club & Defenders of Wildlife v. Clark
  755 F.2d 608· 8th Cir.· 1985-02-19 ·cited 34×·via Plain Language Rule
  The court should have remanded the case for a finding on whether the regulated taking of timber wolves furthered conservation efforts.
• Mulhern v. Mulhern
  446 So. 2d 1124· Fla. 4th DCA· 1984-02-29 ·cited 34×
  In this dissolution of marriage appeal, the court addressed two issues arising from an antenuptial agreement: whether the trial court properly denied the wife attorney fees based solely on a contractual waiver, and whether the wife's brief romantic encounters with another man tri
• Nat'l Wildlife Fed'n v. Marsh
  721 F.2d 767· 11th Cir.· 1983-12-19 ·cited 34×
  The court held that HUD lacked the authority to waive the statutory requirement that Community Development Block Grants principally benefit low- and moderate-income persons.
• United States v. Gelb
  700 F.2d 875· 2d Cir.· 1983-02-15 ·cited 34×
  The court should have permitted the jury to find that gasoline vapors mixed with air constitute an explosive under 18 U.S.C. § 844(j).
• Wash. Metro. Area Transit Auth. to the use & benefit of Head Constr. Co. v. Mergentime Corp.
  626 F.2d 959· D.C. Cir.· 1980-03-12 ·cited 34×
  The court held that the subcontract required the subcontractor (Head) to procure all insurance policies specified in the prime contract, not just those covering its own risks, and that Mergentime was entitled to retain funds for insurance Head failed to provide.
• Mass. Fin. Servs., Inc. v. Sec. Inv. Prot. Corp.
  545 F.2d 754· 1st Cir.· 1976-12-01 ·cited 34×
  The court held that Massachusetts Financial Services, Inc. (MFS) is not a member of the Securities Investor Protection Corporation (SIPC) because its exclusive business as a broker or dealer consists of distributing shares of registered open-end investment companies, which is a s
• Oren v. Gen. Accident Fire & Life Assurance Corp., Ltd.
  175 So. 2d 581· Fla. 3d DCA· 1965-06-01 ·cited 34×·via Plain Language Rule
  An administratrix of two estates recovered judgments against an uninsured motorist without obtaining the insurer's written consent, violating an explicit exclusion clause in the uninsured motorist policy. The court affirmed the insurer's injunction preventing the administratrix f
• Hardee Cnty. v. Finr II, Inc.
  221 So. 3d 1162· Fla.· 2017-05-25 ·cited 33×
  The Florida Supreme Court held that the Bert Harris Act, which provides compensation when government action unfairly affects real property, does not apply to claims based on government action regulating adjacent property rather than the claimant's own property. The Court reversed
• Wright v. City OF Miami Gardens
  200 So. 3d 765· Fla.· 2016-09-15 ·cited 33×
  The Florida Supreme Court held that a 2011 amendment to the election code that disqualified candidates whose qualifying fee checks were returned by banks after the qualifying period ended—regardless of who was at fault—violates the Florida Constitution's guarantee of the right to
• Connolly v. State
  172 So. 3d 893· Fla. 3d DCA· 2015-07-29 ·cited 33×
  John Connolly, an FBI agent, was convicted of second degree murder with a firearm as a lesser included offense of first degree premeditated murder in the killing of John Callahan in 1982. The en banc court upheld the conviction and the reclassification of the second degree murder
• Snow v. Ruden
  896 So. 2d 787· Fla. 2d DCA· 2005-01-19 ·cited 33×
  Ann Snow, an attorney fired by her law firm after reporting a supervisor's alleged fee diversion to the State Attorney, sued under Florida's Private Sector Whistle-Blower Act and for breach of the implied covenant of good faith in her at-will employment. The court affirmed dismis
• State v. Smith
  840 So. 2d 987· Fla.· 2003-02-06 ·cited 33×
  The Florida Supreme Court resolved a conflict between district courts regarding whether the Faison test applies to false imprisonment convictions. The Court held that the Faison test applies only to kidnapping charges involving intent to commit or facilitate a felony, not to fals
• M.C. v. State
  695 So. 2d 477· Fla. 3d DCA· 1997-06-11 ·cited 33×·via Plain And Ordinary Meaning
  M.C., a juvenile, was adjudicated delinquent for violating Florida's statute prohibiting disruption of school functions after she loudly protested her brother's arrest in the school office. The appellate court upheld the statute against facial challenges of unconstitutionality, f
• Trs. OF Iron Workers Local 473 Pension Tr. v. Allied Prods. Corp.
  872 F.2d 208· 7th Cir.· 1989-04-13 ·cited 33×
  The court held that a complete withdrawal from a multiemployer pension plan under ERISA requires the permanent cessation of 100% of covered operations, not 'virtually all,' and that district courts must fully review an arbitrator's legal determinations de novo.
• Gulf Life Ins. Co. v. Arnold
  809 F.2d 1520· 11th Cir.· 1987-02-13 ·cited 33×
  A fiduciary cannot invoke ERISA's liberal venue provision to file a declaratory judgment action seeking to determine its liability for benefits claimed by a former employee.