Plain Reading Of Statute

11 Florida cases classified under this topic · sorted by citation count · browse and sort

• Lynn R. Fassy, M.D., & Pain Med. Assocs., P.A. v. Crowley
  884 So. 2d 359· Fla. 2d DCA· 2004-09-10 ·cited 78×
  Dr. Fassy and Pain Medicine Associates sought certiorari review of a denial of their motion to dismiss a wrongful death complaint filed by the estate of Julia Morgan, a developmentally disabled person. The court held that the complaint alleged a violation of section 393.13(3)(g)
• Malu v. Sec. Nat'l Ins. Co.
  898 So. 2d 69· Fla.· 2005-03-10 ·cited 29×
  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
• State v. English
  148 So. 3d 529· Fla. 5th DCA· 2014-10-10 ·cited 6×
  The court held that a temporary obstruction of a license plate, even if momentarily readable, violates the statute requiring the plate to be plainly visible at all times, thus justifying a traffic stop.
• M.P. v. State
  988 So. 2d 1266· Fla. 5th DCA· 2008-08-29 ·cited 6×
  The appellate court reversed a juvenile's contempt sentence, finding it violated statutory limits on secure detention for multiple violations of a single probation order. The court clarified that consecutive placements are not permitted for a first offense involving multiple viol
• Dep't OF Child. & Families v. Jehoshaphat Mitchell
  844 So. 2d 694· Fla. 5th DCA· 2003-04-25 ·cited 4×
  The Department of Children and Families sought a writ of prohibition to prevent a trial court from ordering the release of a civilly committed sexually violent predator on furlough to attend a funeral. The court held that Florida Statutes § 394.915(5) plainly prohibits any pretri
• State v. Clark
  511 So. 2d 726· Fla. 1st DCA· 1987-08-24 ·cited 4×
  The State appeals a suppression order entered after a state trooper stopped a vehicle solely because its headlights were not dimmed while passing oncoming traffic on Interstate 10. The court affirmed the suppression, holding that the headlight-dimming statute applies only to vehi
• D.E. v. State
  725 So. 2d 1269· Fla. 4th DCA· 1999-02-10 ·cited 2×
  D.E., a juvenile, was adjudicated delinquent of first-degree misdemeanor trespass in an occupied conveyance after being found sleeping in a stolen vehicle with two confederates. The court reversed, holding that the trespass statute's 'occupied' requirement was intended to protect
• Vongsack Xayavong and Daomonh Xayavong v. Sunny Gifts, Inc.
  891 So. 2d 1075· Fla. 5th DCA· 2004-12-03 ·cited 1×
  This case examines whether a motor vehicle titled in the names of married spouses separated by "or" is presumptively held as a tenancy by the entireties under Beal Bank or is subject to levy as joint tenancy under Florida Statute section 319.22. The court held that section 319.22
• Knowles v. State
  Fla. 2d DCA· 2025-02-19
  County courts may order restitution in misdemeanor cases without regard to the monetary limits prescribed in section 34.01(1)(c) for civil actions at law. The monetary constraints in section 34.01(1)(c) do not apply to restitution ordered in misdemeanor cases brought under sectio
• Reyes v. State
  274 So. 3d 1209· Fla. 3d DCA· 2019-06-19
  Competent, substantial evidence supported convictions for aggravated animal cruelty where sheep were stabbed or slashed multiple times and dragged from a barn to a truck, establishing both cruel death and unnecessary pain or suffering.
• State v. Davis
  838 So. 2d 696· Fla. 5th DCA· 2003-03-07
  The State appeals a trial court's dismissal of an illegal dumping charge against a property owner who dumped litter on his own land. The court reverses, holding that Florida's litter statute applies to property owners dumping on their own property and does not require the propert