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

• FL Aerospace v. AETNA Cas. & Sur. Co.
  897 F.2d 214· 6th Cir.· 1990-03-01 ·cited 29×
  The court held that the pollution exclusion provision in the insurance policy bars recovery because the damage was not caused by a 'sudden and accidental' discharge, release, dispersal, or escape of pollutants.
• Coal. TO Preserve THE Integrity OF Am. Trademarks v. United States
  790 F.2d 903· D.C. Cir.· 1986-05-06 ·cited 29×
  The court held that the Customs Service regulations permitting importation of grey-market goods were invalid as contrary to Section 526 of the Tariff Act of 1930, but that the district court properly exercised jurisdiction.
• Jenny v. State
  447 So. 2d 1351· Fla.· 1984-03-08 ·cited 29×
  The Florida Supreme Court held that Section 914.04, Florida Statutes grants automatic use and transactional immunity to witnesses who testify under subpoena before state attorneys, without requiring the witness to invoke the privilege against self-incrimination. The Court quashed
• Nat'l Insulation Transp. Comm. v. Interstate Commerce Comm'n & United States
  683 F.2d 533· D.C. Cir.· 1982-07-20 ·cited 29×
  The court held that 49 U.S.C. Sec. 10707(d) does not compel the Interstate Commerce Commission to award refunds when it finds a practice to be unreasonable, and that the Commission did not abuse its discretion in declining to award refunds in this case.
• United States v. Stauffer Chem. Co.
  684 F.2d 1174· 6th Cir.· 1982-07-07 ·cited 29×
  The court held that collateral estoppel, while legally applicable, was not appropriate in this case due to potential injustice and countervailing federal policies. The court also found that the EPA lacked clear statutory authority to use private contractors for inspections.
• United States v. Gomez-Tostado
  597 F.2d 170· 9th Cir.· 1979-04-16 ·cited 29×·via Plain Language Rule
  Possession of a controlled substance with intent to distribute within the United States is unlawful under 21 U.S.C. § 841(a)(1), regardless of whether the intended distribution is in a foreign country, and a specific transshipment statute does not preclude prosecution under the g
• Nesbitt v. Candler Cnty.
  945 F.3d 1355· 11th Cir.· 2020-01-03 ·cited 28×
  The Eleventh Circuit held that the False Claims Act's antiretaliation provision requires proof that retaliation was the but-for cause of the adverse employment action, not merely a motivating factor.
• Rosenberg v. Cape Coral Plumbing, Inc.
  920 So. 2d 61· Fla. 2d DCA· 2005-12-28 ·cited 28×·via Plain Language
  Rosenberg, a general contractor, appealed a trial court's grant of summary judgment in favor of Cape Coral Plumbing following a flood that caused $70,000 in damages to a house under construction. The appellate court reversed in part, finding that genuine issues of material fact e
• Alfred Vincent Hess, M.D. v. Noreen Walton
  898 So. 2d 1046· Fla. 2d DCA· 2005-03-16 ·cited 28×
  Dr. Hess and Florida Orthopaedic Institute (FOI) appeal an award of attorneys' fees under Florida Rule of Civil Procedure 1.442 and section 768.79, challenging the plaintiff's strategy of making separate, differentiated settlement offers to two defendants—one actively negligent a
• State v. Kliphouse
  771 So. 2d 16· Fla. 4th DCA· 2000-09-27 ·cited 28×
  Florida appealed a trial court's order suppressing blood alcohol test results from an unconscious motorist. The Fourth District Court of Appeal affirmed the suppression, holding that under Florida Statute section 316.1932(1)(c), police must have reasonable cause to believe a driv
• Land O'Sun Realty Ltd. v. Rewjb GAS Invs.
  685 So. 2d 870· Fla. 3d DCA· 1996-10-30 ·cited 28×
  Landlords appealed a declaratory judgment finding that a 27-year lease term controlled over an 18-month termination clause in the same agreement. The Third District affirmed, holding that the mutually repugnant provisions created an ambiguity requiring parol evidence to determine
• Thomas v. Prudential Prop. & Cas.
  673 So. 2d 141· Fla. 5th DCA· 1996-05-10 ·cited 28×
  In this declaratory relief action, the court affirmed that a homeowners insurance exclusion for watercraft with motors exceeding 50 horsepower applied to Randy Thomas's jet ski, barring coverage for an injury arising from towing his brother on an inflatable tube. The court held t
• State v. Jett
  626 So. 2d 691· Fla.· 1993-11-10 ·cited 28×·via Plain Language
  Section 415.512, Florida Statutes, waives the psychotherapist-client privilege in any judicial proceeding involving an action or offense that meets the statutory definition of child abuse or neglect, not limited to child abuse or neglect proceedings under chapter 39 or section 82
• Jeffries v. State
  610 So. 2d 440· Fla.· 1992-12-24 ·cited 28×
  The Florida Supreme Court addressed whether a defendant incarcerated for over five years could be sentenced as a habitual offender for a crime committed while still in prison. The court held that the statute's plain language, requiring the offense to be committed 'within' five ye
• Walker v. State
  580 So. 2d 281· Fla. 4th DCA· 1991-05-15 ·cited 28×·via Plain Language Statutory Construction
• Consol. Rail Corp. v. United States & Interstate Commerce Comm'n
  896 F.2d 574· D.C. Cir.· 1990-02-16 ·cited 28×
  The court held that the plain language of 49 U.S.C. § 10741(f), which limits discrimination claims to rates applicable to the same route, applies to recyclable commodities, despite the Interstate Commerce Commission's contrary interpretation.
• United States v. Cogdell
  844 F.2d 179· 4th Cir.· 1988-04-15 ·cited 28×·via Plain Language Rule
  The court held that the exculpatory no doctrine is not a valid exception to 18 U.S.C.A. § 1001, as the statute's plain language and legislative history do not support such a limitation.
• Bradley v. Austin
  841 F.2d 1288· 6th Cir.· 1988-03-21 ·cited 28×·via Plain Language Of Statute
  The court held that the AFDC regulations implementing the Deficit Reduction Act of 1984's family filing unit provision, which require the inclusion of OASDI benefits in determining AFDC eligibility, do not conflict with the Social Security Act or violate constitutional due proces
• Am. Mining Cong. & Engelhard Corp. v. United States Env't Prot. Agency
  824 F.2d 1177· D.C. Cir.· 1987-07-31 ·cited 28×
  The EPA's interpretation of the Resource Conservation and Recovery Act (RCRA) to regulate certain recycled industrial materials is a reasonable construction of an ambiguous statute and should be deferred to.
• City OF Edmonds v. United States Dep't OF Labor
  749 F.2d 1419· 9th Cir.· 1984-12-27 ·cited 28×
  The court held that the 120-day time limit for the Secretary to make a final determination under CETA is jurisdictional, and failure to meet this deadline bars further action on the complaint.
• Se. Fire Ins. Co. v. Lehrman
  443 So. 2d 408· Fla. 4th DCA· 1984-01-04 ·cited 28×
  The court held that an insurance policy exclusion for motorized vehicles not pertaining to premises service and not licensed for road use applied to a customized show motorcycle.
• Sears v. Teamsters Local Union NO. 243
  683 F.2d 154· 6th Cir.· 1982-07-16 ·cited 28×·via Plain Language Rule Of Contract Interpretation
  An arbitrator exceeds their authority by inferring limitations on subcontracting beyond those explicitly stated in a clear and unambiguous collective bargaining agreement.
• Ward v. Nationwide Mut. Fire Ins. Co.
  364 So. 2d 73· Fla. 2d DCA· 1978-11-08 ·cited 28×
  Two consolidated appeals challenge dismissals of declaratory judgment actions by injured passengers seeking medical payments coverage under automobile insurance policies. The court held that both policies provide medical payments coverage despite language conditioning coverage on
• Cent. Hudson GAS & Elec. Corp. v. United States Env't Prot. Agency
  587 F.2d 549· 2d Cir.· 1978-11-03 ·cited 28×
  The court held that the district court had jurisdiction to review the EPA's exercise of jurisdiction over the utilities' applications, but ultimately upheld the EPA's jurisdiction on the merits.
• Helvering v. Rebsamen Motors, Inc.
  128 F.2d 584· 8th Cir.· 1942-05-27 ·cited 28×
  The court should sustain the tax on gains from the complete liquidation of stock owned by personal holding companies.
• United States v. Ruberman Ardon Chinchilla
  987 F.3d 1303· 11th Cir.· 2021-02-11 ·cited 27×
  An order of supervision constitutes a document prescribed by statute or regulation as evidence of authorized stay in the United States under 18 U.S.C. § 1546(a).
• Gaulden v. State
  195 So. 3d 1123· Fla.· 2016-07-07 ·cited 27×·via Plain Language Rule
  The Florida Supreme Court reversed Gaulden's conviction for leaving the scene of a crash resulting in death, holding that a vehicle is only "involved in a crash" under the hit-and-run statute when the vehicle itself collides with another vehicle, person, or object. The court reje
• Higgins v. Dyck-O'Neal, Inc.
  201 So. 3d 157· Fla. 1st DCA· 2016-06-09 ·cited 27×·via Plain Language
  The First District Court of Appeal reversed a default judgment against homeowners, holding that a lender who included a prayer for deficiency relief in a foreclosure action and had the court reserve jurisdiction to enter such a judgment cannot subsequently pursue a separate commo
• Westphal v. City OF ST. Petersburg/City OF ST. Petersburg Risk Mgmt.
  122 So. 3d 440· Fla. 1st DCA· 2013-09-23 ·cited 27×
  The Florida First District Court of Appeal reversed its prior precedent and held that a worker who remains totally disabled when temporary total disability benefits expire is deemed at maximum medical improvement by operation of law and is immediately eligible to claim permanent
• Quarantello v. Leroy
  977 So. 2d 648· Fla. 5th DCA· 2008-02-15 ·cited 27×
  The court resolved whether Florida Statute 316.613(3), which prohibits evidence of failure to use child passenger restraints from being considered comparative negligence, also bars such evidence entirely in negligence actions by injured children against caretakers. The court held
• Cowan Liebowitz & Latman, P.C. v. Kaplan
  902 So. 2d 755· Fla.· 2005-03-17 ·cited 27×
  The Florida Supreme Court held that legal malpractice claims arising from attorneys' preparation of private placement memoranda are assignable, distinguishing such claims from typical attorney-client malpractice claims based on the public nature of the services and the attorneys'
• State v. Ruiz
  863 So. 2d 1205· Fla.· 2003-12-18 ·cited 27×
  The Florida Supreme Court held that a 2001 statute (Ch. 2001-58) purporting to nullify the Delgado v. State decision on burglary does not apply retroactively to conduct occurring before February 1, 2000. The Court affirmed the Third District's reversal of burglary convictions for
• State v. VanBEBBER
  848 So. 2d 1046· Fla.· 2003-05-08 ·cited 27×
  The Florida Supreme Court resolved a conflict between district courts on whether a statutory mitigating factor for offenses committed in an unsophisticated manner and involving an isolated incident with remorse applies to felony DUI convictions. The Court held that section 921.00
• Deason v. Fla. Dep't OF Corr.
  705 So. 2d 1374· Fla.· 1998-01-15 ·cited 27×
  The Florida Supreme Court held that an inmate sentenced as a habitual or violent habitual offender qualifies for conditional release under section 947.1405(2), Florida Statutes (1989), even if not convicted of a Category 1-4 crime. The court resolved an ambiguity in the statute's
• In the Matter of: Meyerland Co. v. Meyerland Co.
  960 F.2d 512· 5th Cir.· 1992-05-13 ·cited 27×
  The court held that the amended 12 U.S.C. § 1819(b)(2)(B) permits removal by the Corporation even in unusual circumstances where it is substituted as a party.
• United States v. Raynell Holmes
  954 F.2d 270· 5th Cir.· 1992-02-12 ·cited 27×
  A district court cannot reimpose a term of supervised release after revoking the original term, as revocation extinguishes the release term.
• VE Holding Corp. v. Johnson GAS Appliance Co.
  917 F.2d 1574· Fed. Cir.· 1990-10-24 ·cited 27×
  The court held that the 1988 amendment to 28 U.S.C. § 1391(c) redefined the term 'resides' as used in the patent venue statute, 28 U.S.C. § 1400(b). Therefore, venue in patent infringement cases is now proper in any district where the corporate defendant is subject to personal ju
• Rowe v. State
  394 So. 2d 1059· Fla. 1st DCA· 1981-02-27 ·cited 27×
  The Florida District Court of Appeal reversed a trial court order granting bail pending appeal to a defendant convicted of first-degree murder and sentenced to life imprisonment. The court held that Florida Criminal Procedure Rule 3.691 prohibits trial courts from exercising disc
• Latimer v. Sears Roebuck & Co.
  285 F.2d 152· 5th Cir.· 1960-11-29 ·cited 27×
  A parent cannot bring an action ex contractu for the death of a minor child under Florida Statute Section 768.03 (Death of Minors Act), even after a 1953 amendment to Section 768.01 (Wrongful Death Act) extended that act to contract claims.
• State v. Ridge Gabriel
  44 Fla. L. Weekly Fed. D 2913· Fla.· 2021-04-08 ·cited 26×·via Plain Language Statutory Construction
  Under section 921.0024(2), Florida Statutes, the lowest permissible sentence (LPS) is an individual minimum sentence that applies to each offense where there are multiple convictions subject to sentencing on a single scoresheet. When the LPS exceeds the statutory maximum sentence
• Crews v. State
  183 So. 3d 329· Fla.· 2015-11-25 ·cited 26×
  The Florida Supreme Court held that the statute of limitations extension provision in section 775.15(12)(b) for "misconduct in office" applies to public school teachers. The Court answered a certified question from the First District Court of Appeal and upheld the conviction of a
• P'rs IN Health Chiropractic v. United Auto. Ins. Co.
  21 So. 3d 858· Fla. 3d DCA· 2009-10-21 ·cited 26×
  Partners in Health Chiropractic seeks second-tier certiorari review of a circuit court appellate decision reversing summary judgment in its favor against United Automobile Insurance Company for unpaid chiropractic services. The court clarifies the distinction between benefit deni
• O'Hara v. State
  964 So. 2d 839· Fla. 2d DCA· 2007-09-19 ·cited 26×·via Plain Language Rule
  Mark O'Hara was convicted of trafficking in hydrocodone based on possession of 58 Vicodin tablets obtained by valid prescription. The Florida District Court of Appeal reversed, holding that a prescription defense applies to drug trafficking charges under Florida's statutory schem
• Fla. Dep't OF Educ. v. Cooper
  858 So. 2d 394· Fla. 1st DCA· 2003-11-06 ·cited 26×·via Plain Language Rule
  FCAT test instruments, as distinguished from test scores, are not 'student records' as defined by Florida law.
• Ellyn Feldman v. Kritch
  824 So. 2d 274· Fla. 4th DCA· 2002-08-21 ·cited 26×
  Feldman appeals the trial court's decision to set aside a settlement agreement reached during court-ordered mediation with State Farm regarding uninsured motorist benefits. The Fourth District reverses, holding that the settlement agreement's plain language was unambiguous and en
• CBS Broad., Inc. v. Echostar Commc'ns Corp.
  265 F.3d 1193· 11th Cir.· 2001-09-17 ·cited 26×·via Plain Language Statutory Construction
  EchoStar Communications Corporation appealed a preliminary injunction prohibiting it from transmitting distant network signals to "served" households under the Satellite Home Viewer Act (SHVA) and the Satellite Home Viewer Improvement Act of 1999. The Eleventh Circuit vacated the
• Whipple v. State
  789 So. 2d 1132· Fla. 4th DCA· 2001-06-27 ·cited 26×
  Bradley Whipple appealed the trial court's denial of his motion to withdraw his guilty plea to DUI charges and the permanent revocation of his driver's license. The appellate court reversed, holding that the trial court erroneously applied a discretionary statute rather than the
• Dorinda POL v. POL
  705 So. 2d 51· Fla. 3d DCA· 1997-12-24 ·cited 26×
  Dorinda Pol appeals a trial court's decision denying her share of condemnation proceeds from a Miami Beach hotel. The court held that a forced condemnation sale constitutes a "transfer" or "sale" under the parties' agreement, entitling Dorinda to 50% of the proceeds despite the i
• State v. Ira Cohen
  696 So. 2d 435· Fla. 4th DCA· 1997-07-02 ·cited 26×
  This case addresses whether possession of child pornography stored as digital images on a computer hard drive violates Florida's child sexual abuse material statute. The Fourth District Court of Appeal holds that digital images of actual children constitute "photographs, represen
• State v. Oberlin D. Harvey
  693 So. 2d 1009· Fla. 4th DCA· 1997-04-09 ·cited 26×
  Florida appealed a trial court's dismissal of a felony driving-with-suspended-license charge against Harvey, who had been declared a habitual traffic offender. The court affirmed, holding that once a person is designated a habitual traffic offender under Florida law, they can onl