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

• Walgreen Co. v. Habitat Dev. Corp.
  655 So. 2d 164· Fla. 3d DCA· 1995-05-10 ·cited 26×
  The trial court erred in interpreting the lease's Surrender Clause to require the property be returned in 'like-new' condition and in full compliance with building codes without considering grandfather provisions.
• Jackson v. State
  634 So. 2d 1103· Fla. 4th DCA· 1994-04-06 ·cited 26×
  Andrew Jackson was convicted of one count of DUI causing serious bodily injury and two counts of DUI causing property damage arising from a single driving incident. The Fourth District Court of Appeal affirmed his convictions but reversed the trial court's permanent revocation of
• Clair D. Cleland, Jr. v. Bronson Health Care Grp., Inc.
  917 F.2d 266· 6th Cir.· 1990-10-24 ·cited 26×
  The Emergency Medical Treatment and Active Labor Act (EMTALA) applies to all patients, not just the indigent or uninsured, but 'appropriate medical screening' means screening that the hospital would have provided to any paying patient.
• Standford P. Birnholz v. The 44 Wall St. Fund, Inc.
  880 F.2d 335· 11th Cir.· 1989-08-10 ·cited 26×
  The appellate court held that the amended statute requiring periodic fees to maintain a securities registration exemption was procedural and thus applied retroactively. It also held that the amended statute only required payment of the fee, not refiling of documents, to maintain
• Horner v. Jeffrey
  823 F.2d 1521· Fed. Cir.· 1987-07-02 ·cited 26×·via Plain Language Rule
  The court held that the MSPB erred in substituting its interpretation of the statute for OPM's long-standing interpretation.
• Powell v. State
  508 So. 2d 1307· Fla. 1st DCA· 1987-06-17 ·cited 26×·via Plain And Ordinary Meaning
  Correctional officers Powell and Roulhac were convicted of malpractice by a jailer under Florida Statute § 950.09 for using excessive force on inmates. They appealed, arguing the statute's prohibition on "willful inhumanity and oppression" is unconstitutionally vague, but the cou
• Wiggins Bros., Inc. v. Dep't OF Energy
  667 F.2d 77· Temp. Emer. Ct. App.· 1981-10-14 ·cited 26×
  The court held that the term 'wells that produced crude oil' in the Marginal Property Rule has a plain meaning that includes injection wells, and the agency failed to adequately express an intent to exclude them.
• Patience R. Morgan v. Cont'l Cas. Co.
  382 So. 2d 351· Fla. 3d DCA· 1980-03-11 ·cited 26×
  The court held that the insurance policy's plain language and Federal Aviation Regulations unambiguously define a pilot as not a passenger, thus excluding coverage for the decedent pilot.
• In re Advisory Opinion TO the Governor Request OF June 29
  374 So. 2d 959· Fla.· 1979-07-17 ·cited 26×
  Florida Supreme Court issued an advisory opinion to Governor Bob Graham interpreting Article V, Section 9 of the Florida Constitution regarding the validity and effective date of CS for SB 268, which created new judicial positions and redefined appellate districts. The Court held
• Sosa v. United States
  550 F.2d 244· 5th Cir.· 1977-04-08 ·cited 26×
  The court held that the district court properly entertained the Section 2255 motion despite the voluntary dismissal of the direct appeal, and that the Fourth Amendment claim was cognizable. However, the court vacated the judgment and remanded for a hearing on the necessity of a h
• Goldwasser v. The United States
  325 F.2d 722· Ct. Cl.· 1963-12-13 ·cited 26×
  The court held that the contract was not terminated for default, making the Klein rule inapplicable and allowing for damages as if terminated for convenience.
• Lee v. Gulf Oil Corp.
  148 Fla. 612· Fla.· 1941-12-05 ·cited 26×
  This case reviews a permanent injunction against Florida's chain store tax. The court held that filling stations selling any products other than exclusively gasoline and petroleum products were subject to the tax, reversing the lower court's decision.
• White v. Mederi Caretenders Visiting Servs. OF Se. Fla., LLC
  226 So. 3d 774· Fla.· 2017-09-14 ·cited 25×·via Plain Language Of Statute
  The Florida Supreme Court held that home health service referral sources can constitute a protected legitimate business interest under Florida Statutes § 542.335, resolving a conflict between district courts. The Court approved the Fourth District's decision in White and quashed
• Boatright v. Philip Morris USA Inc.
  218 So. 3d 962· Fla. 2d DCA· 2017-04-12 ·cited 25×
  The Second District Court of Appeal reversed a trial court's denial of attorneys' fees and costs to former tobacco lawsuit plaintiffs, holding that Florida Rule of Civil Procedure 2.516(b)(1)'s mandatory email service requirement does not apply to pretrial proposals for settlemen
• Brindise v. U.S. Bank Nat'l Ass'n
  183 So. 3d 1215· Fla. 2d DCA· 2016-01-20 ·cited 25×
  The Brindises appealed a foreclosure judgment, arguing that U.S. Bank's failure to provide written notice of assignment as required by Florida Statutes section 559.715 barred the foreclosure suit. The Second District Court of Appeal held that section 559.715 does not impose a con
• McLAUGHLIN v. Dep't of Hwy. Safety & Motor Vehicles
  2 So. 3d 988· Fla. 2d DCA· 2008-11-14 ·cited 25×
  The circuit court correctly applied the law by denying the petition for certiorari, as the hearing officer's scope of review under section 322.2615 is limited to specific enumerated issues and does not include the lawfulness of the arrest.
• Fast Tract Framing, Inc. v. Caraballo
  994 So. 2d 355· Fla. 1st DCA· 2008-09-15 ·cited 25×
  In a workers' compensation appeal, the Florida First District Court of Appeal held that unreported income to the Internal Revenue Service cannot be included in the definition of 'wages' under Florida's workers' compensation statute. The court reversed the award of temporary total
• E. Fla. Hauling, Inc. v. Lexington Ins. Co.
  913 So. 2d 673· Fla. 3d DCA· 2005-09-21 ·cited 25×
  East Florida Hauling appeals from summary judgment upholding an insurance company's refusal to defend a cargo theft claim and limiting liability under a target commodities endorsement. The court affirms, finding the policy language grants the insurer only a right to defend, not a
• State v. City OF Clearwater
  863 So. 2d 149· Fla.· 2003-09-11 ·cited 25×
  The Florida Supreme Court held that personal or private emails transmitted or received by public employees on government-owned computer systems are not public records under Florida law merely by virtue of their placement on a government computer. The court rejected arguments that
• Siegle v. Progressive Consumers Ins. Co.
  788 So. 2d 355· Fla. 4th DCA· 2001-06-13 ·cited 25×
  This appeal concerns whether an auto insurer must compensate an insured for inherent diminution in market value after completing a quality repair of a collision-damaged vehicle. The Fourth District Court of Appeal held that an insurer who elects to repair under a collision policy
• Mancini v. Personalized AIR Conditioning & Heating, Inc.
  702 So. 2d 1376· Fla. 4th DCA· 1997-12-31 ·cited 25×·via Plain Language Statutory Construction
  The court held that a newspaper columnist, even one who is also a full-time assistant state attorney, is entitled to pre-suit notice under Florida Statute § 770.01 before a libel action may be brought against her. The statute's protections extend to individual journalists and col
• Crooks v. State Farm Mut. Auto. Ins. Co.
  659 So. 2d 1266· Fla. 3d DCA· 1995-08-30 ·cited 25×
  An insured appeals a trial court's denial of attorney's fees in a no-fault insurance dispute. The appellate court reverses, holding that the insurance company violated Florida's PIP statute by failing to pay medical bills within 30 days of proper notice, and that the insured is e
• Auto-Owners Ins. Co. v. Bonita Conquest
  658 So. 2d 928· Fla.· 1995-07-06 ·cited 25×
  The Florida Supreme Court held that the "any person" language in Florida Statute Section 624.155 allows third parties, not just insureds, to bring civil actions against insurers for unfair claims settlement practices. This decision resolves a conflict among the district courts.
• United States Fid. & Guar. Co. v. Star Fire Coals, Inc.
  856 F.2d 31· 6th Cir.· 1988-08-31 ·cited 25×
  The court held that the pollution exclusion clause in the insurance policy applies because the discharge of coal dust was a regular, ongoing event, not sudden and accidental.
• Am. Civil Liberties Union v. Fed. Commc'ns Comm'n & United States
  823 F.2d 1554· D.C. Cir.· 1987-07-17 ·cited 25×
  The Commission's redefinition of 'basic cable service' is valid because the statute is not perfectly clear and the legislative history, adopted by both Houses, clarifies the intent.
• Drummond Coal Co. v. Watt
  735 F.2d 469· 11th Cir.· 1984-07-02 ·cited 25×
  Challenges to national regulations promulgated under the Surface Mining Control and Reclamation Act must be filed exclusively in the United States District Court for the District of Columbia.
• State of Fla. on relation of Fla. JAI Alai, Inc. v. State Racing Comm'n
  112 So. 2d 825· Fla.· 1959-04-03 ·cited 25×
  Florida Jai Alai, Inc. sought a mandamus order requiring the State Racing Commission to issue a permit for a jai alai fronton in Seminole County. The Florida Supreme Court held that under statutory construction principles, a jai alai fronton may be licensed within 20 miles of a d
• Brown v. State
  260 So. 3d 147· Fla.· 2018-12-20 ·cited 24×
  The Florida Supreme Court held that Florida Statute § 775.082(10), which allows courts to impose state prison sentences above a mandatory nonstate prison sanction based on judicial findings of dangerousness to the public, violates the Sixth Amendment because it requires judicial
• Debaun v. State
  213 So. 3d 747· Fla.· 2017-03-16 ·cited 24×
  The Florida Supreme Court held that the term "sexual intercourse" in section 384.24(2) of the Florida Statutes, which criminalizes knowingly exposing another person to HIV without disclosure and consent, encompasses oral and anal intercourse in addition to penile-vaginal intercou
• Yoanky DE LA OSA v. Wells Fargo Bank, N.A.
  208 So. 3d 259· Fla. 3d DCA· 2016-12-14 ·cited 24×
  De La Osa sought relief from a void dismissal order entered without notice under Florida Rule of Civil Procedure 1.540(b)(4). The Third District Court of Appeal, sitting en banc, held that the term "judgment" in Rule 1.540(b)(4) includes final "orders," reversing a panel decision
• Columbia Bank v. Columbia Developers, LLC
  127 So. 3d 670· Fla. 1st DCA· 2013-11-20 ·cited 24×
  Columbia Bank appeals the dismissal of its Columbia County foreclosure action against Columbia Developers and its members. The trial court dismissed the case based on its interpretation that an unrelated settlement agreement from Suwannee County litigation (NFLG Settlement Agreem
• Atwater v. Kortum
  95 So. 3d 85· Fla.· 2012-07-05 ·cited 24×·via Plain Language Rule
  The Florida Supreme Court affirmed the First District Court of Appeal's decision striking down a statute prohibiting public adjusters from initiating contact with insurance claimants during a 48-hour period after a claim-producing event. The Court held that the statute regulates
• Perez v. Rooms TO GO & Broadspire Servs., Inc.
  997 So. 2d 511· Fla. 1st DCA· 2008-12-24 ·cited 24×·via Plain Language Rule
  This case concerns a workers' compensation claimant's entitlement to change physicians. The appellate court affirmed the denial of a change in primary care physician but reversed the granting of a change in orthopedic physician, holding that the statute allows only one physician
• Wilderness Watch and Public Employees for Environmental Responsibility v. Fran P. Mainella
  375 F.3d 1085· 11th Cir.· 2004-06-28 ·cited 24×·via Plain Language Statutory Construction
  The Eleventh Circuit reversed the district court's grant of summary judgment, holding that the National Park Service's practice of using motor vehicles to transport visitors across designated wilderness areas on Cumberland Island violates the Wilderness Act. The court also found
• Metro. Dade Cnty. v. Milton
  707 So. 2d 913· Fla. 3d DCA· 1998-03-11 ·cited 24×
  Metropolitan Dade County appealed an order granting temporary reinstatement to employee Sandra Milton under the Whistle-blower's Act. The court reversed, holding that the statutory term "discharged" does not include demotion, and therefore Milton was not entitled to temporary rei
• Valease Jackson v. State
  662 So. 2d 1369· Fla. 1st DCA· 1995-11-27 ·cited 24×
  Valease Jackson appeals his conviction for armed robbery with a deadly weapon and his guidelines departure sentence. The trial court correctly denied his motion to dismiss the armed robbery charge despite his argument that it is physically impossible to "carry" an automobile, and
• Steinbrecher v. Better Constr. Co.
  587 So. 2d 492· Fla. 1st DCA· 1991-09-06 ·cited 24×
  Steven Steinbrecher appealed a workers' compensation order denying his claim for a 20% statutory penalty on late-paid compensation benefits. The court held that the penalty provision in section 440.20(8), Florida Statutes, is mandatory and applies automatically when compensation
• S & M Inv. Co. v. Tahoe Reg'l Planning Agency
  911 F.2d 324· 9th Cir.· 1990-08-15 ·cited 24×
  The court held that "legal action" in the Tahoe Regional Planning Compact refers only to litigation, not all governmental agency actions, and that a single oral misstatement by a government employee does not constitute affirmative misconduct for equitable estoppel against the gov
• Kline v. Publix Supermarkets, Inc.
  568 So. 2d 929· Fla. 2d DCA· 1990-05-09 ·cited 24×·via Plain Language
  Virginia Kline appealed a summary judgment in her favor against Publix for intentional infliction of emotional distress and discrimination, while Publix cross-appealed seeking attorney's fees and costs under Florida's offer of judgment statute. The court affirmed the summary judg
• Folmar v. Young
  560 So. 2d 798· Fla. 4th DCA· 1990-02-06 ·cited 24×
  This case addresses whether a long-term vehicle lessor is liable under Florida's dangerous instrumentality doctrine. The court affirmed summary judgment in favor of the lessor, holding that section 324.021(9)(b), Florida Statutes, exempts lessors under year-or-longer leases that
• In re Burns v. United States
  887 F.2d 1541· 11th Cir.· 1989-11-13 ·cited 24×
  Post-petition interest on a nondischargeable tax debt is nondischargeable, but fraud penalties are dischargeable if the transaction occurred more than three years before the bankruptcy filing.
• Petty v. Eligia Jim Petty
  548 So. 2d 793· Fla. 1st DCA· 1989-09-06 ·cited 24×
  Former wife appeals trial court's order terminating permanent alimony by recharacterizing it as child support. The appellate court reverses, holding that the plain language of the property settlement agreement established permanent alimony terminable only by the wife's death or r
• United States v. 594
  871 F.2d 824· 9th Cir.· 1989-03-28 ·cited 24×
  The court held that the Taiwanese regulation prohibiting salmon export constitutes "foreign law" under the Lacey Act, and its violation triggers civil forfeiture. The Act as applied is not unconstitutionally vague or a violation of due process.
• The Mass. Laborers' Health & Welf. Fund v. Starrett Paving Corp.
  845 F.2d 23· 1st Cir.· 1988-04-25 ·cited 24×
  The court held that ERISA's statutory language does not impose personal liability on a corporate officer/shareholder for the corporation's delinquent pension contributions unless that individual is independently obligated to make such contributions.
• Turner v. McMAHON
  830 F.2d 1003· 9th Cir.· 1987-10-16 ·cited 24×
  A state is authorized under 42 U.S.C. § 602(a)(22) to recoup AFDC overpayments made to recipients under compulsion of an erroneous court order that was subsequently reversed.
• Duncan v. Poythress
  777 F.2d 1508· 11th Cir.· 1985-12-12 ·cited 24×
  The court held that a pro se litigant who is an attorney cannot recover attorney's fees under 42 U.S.C.A. § 1988 because the term 'attorney' implies representation of another party.
• Campus Commc'ns, Inc. v. Dep't OF Revenue
  473 So. 2d 1290· Fla.· 1985-07-11 ·cited 24×·via Plain And Ordinary Meaning
  Campus Communications, Inc., publisher of the free student newspaper The Independent Florida Alligator, challenged a Department of Revenue sales tax assessment on newspapers purchased from a printer. The Florida Supreme Court held that the administrative rule denying the newspape
• The Tulalip Tribes OF Wash. v. Fed. Energy Regulatory Comm'n
  732 F.2d 1451· 9th Cir.· 1984-05-10 ·cited 24×
  The court held that the Federal Energy Regulatory Commission's final rule authorizing case-specific exemptions for small hydroelectric projects using diversion structures violates the plain language of the Public Utility Regulatory Policies Act and is therefore invalid.
• United States v. Scrimgeour
  636 F.2d 1019· 5th Cir.· 1981-02-12 ·cited 24×
  Recantation bars prosecution under 18 U.S.C.A. § 1623(d) only if both statutory conditions are met, and the defendant must have been unaware that their false testimony had been or would be exposed.
• State OF Ala. v. Marshall
  626 F.2d 366· 5th Cir.· 1980-09-08 ·cited 24×·via Plain Language Rule
  The court held that elementary and secondary church schools remain exempt from FUTA coverage under 26 U.S.C. § 3309(b)(1)(A) based on the plain language of the statute.