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

• Moorhead v. United States
  774 F.2d 936· 9th Cir.· 1985-10-18 ·cited 33×
  The court held that alien 'commuter' agricultural workers, who are lawfully admitted for permanent residence, are not exempt from FICA taxes under 26 U.S.C. § 3121(b)(1) because their status is not 'on a temporary basis' for agricultural labor.
• Quarles v. ST. Clair
  711 F.2d 691· 5th Cir.· 1983-08-12 ·cited 33×
  The court held that under 42 U.S.C. § 602(a)(28), states must return all child support collected in a month to AFDC recipients to the extent it would not affect eligibility, including arrearages and overpayments, not just current obligations. However, states are not required to e
• The Prudential Ins. Co. of Am. v. The United States
  319 F.2d 161· Ct. Cl.· 1963-06-07 ·cited 33×
  The court held that Canadian premium taxes paid by a life insurance company were taxes paid in lieu of income taxes, entitling the company to a foreign tax credit, but that prepayment and commitment fees were taxable income and could be offset against the credit.
• Boston Ins. Co. v. Smith
  149 So. 2d 68· Fla. 1st DCA· 1963-01-29 ·cited 33×
  Boston Insurance Company appealed a circuit court decree ordering specific performance of an automobile insurance policy covering a newly acquired 1951 Pontiac that replaced the insured's damaged 1951 Mercury. The First District Court of Appeal affirmed, holding that the Pontiac
• Hahamovitch v. Hahamovitch
  174 So. 3d 983· Fla.· 2015-09-10 ·cited 32×·via Plain Language Rule
  The Florida Supreme Court upheld a prenuptial agreement that broadly waived one spouse's rights to the other spouse's property, including assets acquired during the marriage and their appreciation. The Court resolved a conflict among district courts by holding that such comprehen
• Fla. Carry, Inc. v. Univ. OF N. Fla.
  133 So. 3d 966· Fla. 1st DCA· 2013-12-10 ·cited 32×
  Florida Carry, Inc. and a UNF student challenged the University of North Florida's policy prohibiting firearms in vehicles on campus. The appellate court held that state universities lack authority to waive the statutory exception allowing securely encased firearms in vehicles, a
• Bortell v. White Mountains Ins. Grp., Ltd.
  2 So. 3d 1041· Fla. 4th DCA· 2009-01-28 ·cited 32×
  An insurance agent appeals the dismissal of his complaint against insurance companies and individuals, claiming they were unauthorized to conduct business in Florida and thus interfered with his ability to sell their products. The court affirmed the dismissal of all three counts—
• Morris v. Dollar Tree Store & Specialty Risk Servs.
  869 So. 2d 704· Fla. 1st DCA· 2004-04-06 ·cited 32×·via Plain Language
  In this workers' compensation appeal, the court reversed a judge of compensation claims' award of attorney's fees to claimant Angie Morris, finding the JCC erred in three respects: interpreting the statute to bar pre-petition attorney time, awarding an hourly rate unsupported by
• Williams v. State
  707 So. 2d 683· Fla.· 1998-02-12 ·cited 32×·via Plain Language Of Statute
  Samuel Francis Williams was convicted of first-degree murder and sentenced to death for shooting Bobby Burke during an attempted robbery. The Florida Supreme Court affirmed the murder conviction but vacated the death sentence because the trial court improperly used Williams' juve
• Cent. Mont. Elec. Power Coop., Inc. v. Administrator OF the Bonneville Power Administration
  840 F.2d 1472· 9th Cir.· 1988-03-01 ·cited 32×·via Plain Language Rule
  The court held that it has original jurisdiction to review the BPA Administrator's decision regarding Libby Dam power allocation, and that no Montana preference for Libby power was established by Congress.
• Faic Sec., Inc. v. United States
  768 F.2d 352· D.C. Cir.· 1985-01-30 ·cited 32×·via Plain Language Rule
  The court held that deposit brokers have standing to challenge regulations limiting deposit insurance for brokered deposits, and that the regulations exceed the FDIC and Bank Board's statutory authority under the FDIA.
• Pac. Mut. Life Ins. Co. v. Am. Guar. Life Ins. Co.
  722 F.2d 1498· 9th Cir.· 1984-01-05 ·cited 32×
  A prior group medical insurer can terminate benefits to a totally disabled insured when replacement coverage becomes effective, shifting responsibility to the replacement insurer, provided the replacement policy complies with statutory requirements.
• Demby v. Schweiker
  671 F.2d 507· D.C. Cir.· 1981-12-15 ·cited 32×·via Plain Language Rule
  The court held that the rescission act did not implicitly repeal the ten percent set-aside provision because neither of the two tests for implied repeal was satisfied.
• J. C. Penney Co. v. Commissioner OF Internal Revenue
  312 F.2d 65· 2d Cir.· 1962-12-12 ·cited 32×
  The court held that the subsidiary's gain on the sale of real estate was taxable, as the plain meaning of the statute would lead to an absurd result contrary to congressional intent.
• Jefferson v. State
  264 So. 3d 1019· Fla. 2d DCA· 2018-12-28 ·cited 31×
  Under the 2017 amendment to section 776.032(4), once a defendant raises a facially sufficient prima facie claim of self-defense immunity in a motion to dismiss, the burden shifts to the State to overcome that claim by clear and convincing evidence at a pretrial immunity hearing.
• Intervest Constr. OF JAX, Inc. v. Gen. Fid. Ins. Co.
  133 So. 3d 494· Fla.· 2014-02-06 ·cited 31×
  The Florida Supreme Court resolved two certified questions regarding whether an insured can apply third-party indemnification payments toward a self-insured retention (SIR) in a commercial general liability policy, and whether a transfer of rights clause abrogates the 'made whole
• Royal Palm Corporate Ctr. Ass'n, Ltd. v. Pugliese, III
  89 So. 3d 923· Fla. 4th DCA· 2012-03-21 ·cited 31×·via Plain Language
  This consolidated appeal addresses whether Florida trial courts may bifurcate mortgage foreclosure remedies by allowing a lender to pursue money judgments first and defer the foreclosure sale until the lender certifies non-satisfaction of those judgments. The Fourth District Cour
• Gonzalez v. State
  15 So. 3d 37· Fla. 2d DCA· 2009-05-20 ·cited 31×·via Plain Language Of Statute
  The court held that a criminal charge against a mentally retarded defendant adjudicated incompetent to stand trial must be dismissed when it becomes evident he cannot be restored to competency, even if the two-year statutory maximum has not expired. The court rejected the lower c
• McKENZIE Check Advance OF Fla., LLC. v. Betts
  928 So. 2d 1204· Fla.· 2006-04-27 ·cited 31×·via Plain Language Rule
  The Florida Supreme Court held that deferred presentment transactions (payday loans) were not authorized under the Money Transmitters' Code enacted in 1994, and therefore constitute loans subject to Florida's usury laws. The Court resolved a conflict between the Fourth and Fifth
• Daryell Calliar v. State
  760 So. 2d 885· Fla.· 1999-12-02 ·cited 31×
  The Florida Supreme Court quashed a conviction for possession of burglary tools, holding that the statute requires proof that the defendant intended to use the tools to commit burglary or trespass, not merely that the defendant intended to commit another offense (such as theft) a
• In re McCOLLAM v. McCOLLAM
  612 So. 2d 572· Fla.· 1993-01-28 ·cited 31×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding whether an annuity contract established as part of a structured settlement is exempt from creditor claims under Florida law. The court held that section 222.14 exempts all annuity contract
• City OF Clinton v. Moffitt
  812 F.2d 341· 7th Cir.· 1987-02-19 ·cited 31×
  The court held that the contract's language was ambiguous regarding the cost-sharing of street construction, particularly the intersection with Route 54, and thus summary judgment was inappropriate.
• Ala. Power Co. v. Fed. Energy Regulatory Comm'n
  685 F.2d 1311· 11th Cir.· 1982-09-17 ·cited 31×
  The court held that the municipal preference in section 7(a) of the Federal Power Act applies to all competitive relicensing cases, including those where the original licensee is also an applicant, and that this preference operates in a tie-breaker situation.
• Satz v. Blankenship
  407 So. 2d 396· Fla. 4th DCA· 1981-12-23 ·cited 31×
  A newspaper reporter sued for access to tape recordings in a criminal investigation under Florida's Public Records Act. The court held that tape recordings are 'documents' under the statute and must be disclosed once given to the accused, as they lose their law enforcement secrec
• Milazzo v. State
  377 So. 2d 1161· Fla.· 1979-12-13 ·cited 31×·via Plain And Ordinary Meaning
  Milazzo appeals his conviction for selling or delivering cocaine, arguing the trial court erred in refusing to instruct the jury on attempted sale or delivery. The Florida Supreme Court affirms the conviction, rejecting the Third District's reasoning that attempted sale and deliv
• State v. Joyce
  361 So. 2d 406· Fla.· 1978-07-27 ·cited 31×·via Plain Language Statutory Construction
  Section 827.04(2), Florida Statutes, criminalizing willful or culpably negligent deprivation of necessary food, clothing, shelter, or medical treatment, or knowingly or culpably negligently permitting material endangerment of a child's physical or mental health, is not unconstitu
• Ergas v. Universal Prop. & Cas. Ins. Co.
  114 So. 3d 286· Fla. 4th DCA· 2013-04-24 ·cited 30×·via Plain Language Rule
  The Ergases sought insurance coverage for damage to their tile floor caused by dropping a hammer, but their homeowner's policy excluded coverage for "marring." The court affirmed summary judgment in favor of Universal Insurance, holding that the hammer damage constituted marring
• State v. McMAHON
  94 So. 3d 468· Fla.· 2012-04-05 ·cited 30×
  The Florida Supreme Court resolved a conflict between district courts regarding whether the State may appeal an otherwise legal sentence on the ground that the trial court improperly initiated plea negotiations. The Court held that the State cannot appeal such a sentence because
• Fla. Hurricane Prot. & Awning, Inc. v. Ethlyn Pastina
  43 So. 3d 893· Fla. 4th DCA· 2010-09-08 ·cited 30×
  A contractor sought review of a trial court's award of attorney's fees to a homeowner in a breach of contract dispute over shutter installation. The Fourth District Court of Appeal reversed, holding that Florida Statute § 57.105(7) requires strict reciprocity in attorney's fee pr
• Saleeby v. Rocky Elson Constr., Inc.
  3 So. 3d 1078· Fla.· 2009-01-30 ·cited 30×·via Plain Language Rule
  The Florida Supreme Court held that Florida Statutes §768.041(3) and §90.408 unambiguously prohibit admission of evidence of settlement and dismissal of defendants to the jury under all circumstances, including to impeach witness credibility, and that violation constitutes revers
• Nagy v. Fla. Birth-Related Neurological Injury Comp. Ass'n
  813 So. 2d 155· Fla. 4th DCA· 2002-03-13 ·cited 30×·via Plain Language Statutory Construction
  Parents of an infant who died fourteen hours after birth appeal from an administrative decision finding the child suffered a compensable birth-related neurological injury under Florida's no-fault compensation plan. The court reverses, holding that the statute requires both the me
• Palm Beach Cnty. Canvassing Bd. v. Harris
  772 So. 2d 1220· Fla.· 2000-11-21 ·cited 30×
  The Florida Supreme Court reversed trial court orders and held that county canvassing boards have authority to conduct manual recounts when there is an error in vote tabulation, and that the Secretary of State may not summarily reject amended returns submitted after the statutory
• United States v. Mares-Molina
  913 F.2d 770· 9th Cir.· 1990-09-10 ·cited 30×
  The dissent argues that the term 'manager' in U.S.S.G. § 3B1.1(c) should include individuals responsible for or controlling a business, money, or operation integral to the enterprise, not just those who control other people.
• Kenyon v. Kenyon
  496 So. 2d 839· Fla. 2d DCA· 1986-09-17 ·cited 30×
  The court held that the trial court erred in terminating alimony based on a finding of 'permanently residing with' when the evidence did not support such a finding under the plain meaning of the contract terms.
• United States Marshals Serv. v. Means
  741 F.2d 1053· 8th Cir.· 1984-08-14 ·cited 30×·via Plain Language Rule
  A district court has the discretionary power to order the United States, as a party, to advance fees and expenses for lay and expert witnesses called by the court, to be taxed as costs later, under compelling circumstances.
• Kaplan v. State
  451 So. 2d 1386· Fla. 4th DCA· 1984-06-13 ·cited 30×
  Evidence of a victim's prior sexual conduct is admissible under Florida's rape shield statute only when it establishes a pattern of conduct or behavior so distinctive and closely resembling the defendant's version of the alleged encounter that it tends to prove consent, and a sin
• Lanier v. State
  443 So. 2d 178· Fla. 3d DCA· 1983-12-13 ·cited 30×·via Plain Language Rule
  The court reversed Lanier's conviction under Florida Statute 800.04 for lewd and lascivious conduct with a twelve-year-old girl, holding that consensual sexual intercourse with an unchaste child between ages twelve and fourteen does not constitute the crime of handling/fondling u
• United States v. Agrillo-Ladlad
  675 F.2d 905· 7th Cir.· 1982-04-14 ·cited 30×
  The court held that naphtha-soaked newspapers, when ignited, constitute an 'explosive' or 'incendiary device' under 18 U.S.C. § 844(i), and thus defendants were properly convicted.
• State Water Control Bd. v. Russell E. Train United States Env't Prot. Agency
  559 F.2d 921· 4th Cir.· 1977-07-13 ·cited 30×
  Receipt of federal grants under Title II of the FWPCA is not a condition precedent to the duty to comply with the 1977 effluent standards for publicly owned sewage treatment plants.
• United States v. Bailey
  537 F.2d 845· 5th Cir.· 1976-08-27 ·cited 30×
  The court held that the statute must be enforced as written, even if its interpretation renders it unreasonable or incoherent.
• Wagner v. Botts
  88 So. 2d 611· Fla.· 1956-06-29 ·cited 30×
  The Florida Supreme Court affirmed a chancellor's decree that a cartographer employed by the Tax Assessor was a person of highly technical training and thus excluded from civil service protection under a local statute establishing a civil service system for Escambia County employ
• Hunstein v. Preferred Collection & Mgmt. Servs., Inc.
  994 F.3d 1341· 11th Cir.· 2021-04-21 ·cited 29×
  A violation of the FDCPA's prohibition on communicating consumer debt information to third parties (15 U.S.C. § 1692c(b)) constitutes a concrete injury for Article III standing, and transmitting such information to a vendor for dunning letters falls within the scope of 'in connec
• Villanueva v. State
  200 So. 3d 47· Fla.· 2016-07-07 ·cited 29×·via Plain Language Of Statute
  The Florida Supreme Court held that while trial courts have broad discretion to impose sex offender therapy as a special probation condition for non-enumerated offenses, such therapy was invalid in this case because it failed to satisfy the Biller standard requiring probation con
• Garcia v. Dyck-O'Neal, Inc.
  178 So. 3d 433· Fla. 3d DCA· 2015-10-07 ·cited 29×·via Plain Language
  Garcia appeals a final default judgment awarding a deficiency judgment to Dyck-O'Neal following foreclosure of his residential property. The court affirms, holding that under Florida Statute § 702.06, a mortgagee may pursue a separate deficiency action unless the foreclosure cour
• Advisory Opinion TO the Attorney General RE USE OF Marijuana FOR Certain Medical Conditions. Advisory Opinion to the Attorney General re Use of Marijuana for Certain Medical Conditions (Financial Impact Statement)
  132 So. 3d 786· Fla.· 2014-01-27 ·cited 29×
  The Florida Supreme Court upheld a citizen initiative amendment to authorize medical marijuana use for patients with debilitating medical conditions, holding that the amendment satisfied the single-subject requirement and that the ballot title and summary were not clearly and con
• Knipp v. State
  67 So. 3d 376· Fla. 4th DCA· 2011-08-03 ·cited 29×·via Plain Language Of Statute
  Two defendants challenged dismissal of 'doctor shopping' charges under Florida's statute prohibiting withholding information from prescribers about recent similar prescriptions. The court affirmed the denial of dismissal on doctor shopping charges, holding that the statute impose
• Harrington v. Citizens Prop. Ins. Corp.
  54 So. 3d 999· Fla. 4th DCA· 2010-12-15 ·cited 29×·via Plain Language Rule
  The Harringtons appealed a summary judgment denying coverage under their Citizens homeowners insurance policy for an injury that occurred at their primary residence (Mozart property) rather than their rental property (Vallette property). The court reversed, holding that the Mozar
• Malu v. Sec. Nat'l Ins. Co.
  898 So. 2d 69· Fla.· 2005-03-10 ·cited 29×·via Plain Reading Of Statute
  The Florida Supreme Court resolved a conflict among district courts regarding whether personal injury protection (PIP) insurance must reimburse insureds for reasonable transportation expenses incurred in traveling to medical providers. The Court held that the PIP statute requires
• T.R. v. State
  677 So. 2d 270· Fla.· 1996-06-27 ·cited 29×·via Plain Language Statutory Construction
  A court can modify a juvenile commitment order without a time limit under section 39.054(3), Florida Statutes, even if the modification changes the risk level, as the sixty-day limit in section 39.054(8) applies only to suspending commitment for probation.
• Savona v. Prudential Ins. Co. of Am.
  648 So. 2d 705· Fla.· 1995-01-05 ·cited 29×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding whether a conversion insurance policy under Florida law must provide benefits equal to those in the original group policy. The Court held that § 627.6675 permits insurers to offer conversi