Strict Construction Of Statutes In Derogation Of Common Law

86 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Willis Shaw Express, Inc. v. Hilyer SOD, Inc.
  849 So. 2d 276· Fla.· 2003-03-13 ·cited 222×
  A joint offer of settlement made by multiple plaintiffs must apportion the amounts attributable to each plaintiff to be valid under Florida Rule of Civil Procedure 1.442(c)(3).
• Merrill Crossings Assocs. v. McDONALD
  705 So. 2d 560· Fla.· 1997-12-04 ·cited 73×
  The Florida Supreme Court held that an action alleging negligent failure to provide adequate security, resulting in an intentional criminal assault by a third party, is an action "based upon an intentional tort" under Florida Statutes § 768.81(4)(b) and therefore falls outside th
• Ins. Co. OF N. Am. v. Clausson P. Lexow
  602 So. 2d 528· Fla.· 1992-07-16 ·cited 72×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding whether attorney's fees are recoverable under Florida Statute § 627.428(1) when an insured prevails in litigation against its subrogated insurer over entitlement to funds received from a t
• ADY v. Am. Honda Fin. Corp.
  675 So. 2d 577· Fla.· 1996-03-21 ·cited 65×
  A lessor cannot receive the statutory exemption from liability under the dangerous instrumentality doctrine unless the lessee itself obtains and maintains effective insurance in the amounts required by Florida Statute § 324.021(9)(b); insurance obtained by the lessor does not sat
• The Mut. Life Ins. Co. of N.Y. v. Bell
  147 Fla. 734· Fla.· 1941-07-15 ·cited 39×
  The evidence was sufficient to submit to the jury the question of manner of death, and the trial court properly applied the presumption against suicide where the insurer disclaimed liability without affirmatively pleading suicide as a defense. The presumption against suicide prev
• Babe's Plumbing, Inc. v. Emil P. Maier and Hildegarde M. Maier
  194 So. 2d 666· Fla. 2d DCA· 1966-10-26 ·cited 38×
  Babe's Plumbing, a subcontractor, sued property owners to foreclose a mechanic's lien under Florida law but failed to provide the statutory sworn statement required by the Mechanic's Lien Law. The court affirmed summary judgment against the subcontractor, holding that strict comp
• Tessie Schussel v. Ladd Hairdressers, Inc.
  736 So. 2d 776· Fla. 4th DCA· 1999-07-07 ·cited 37×
  The court held that an offer of judgment must be strictly construed and was untimely because it was served less than 45 days before the first day of the trial docket, even if the trial was later continued.
• Nationstar Mortg. LLC v. Glass
  219 So. 3d 896· Fla. 4th DCA· 2017-06-21 ·cited 35×
  A party who prevails by arguing the plaintiff lacked standing to bring a foreclosure action under a contract cannot recover attorney's fees based on a provision within that same contract.
• Ahmad Saidi v. Wasko
  687 So. 2d 10· Fla. 5th DCA· 1996-11-15 ·cited 27×
  The court held that the mortgagor's right of redemption was not extinguished by the filing of the certificate of sale because the final judgment of foreclosure specified a later time for redemption. The trial court erred in denying the motion to redeem.
• McMULLEN OIL Co., Inc. v. ISS Int'l Serv. Sys., Inc.
  698 So. 2d 372· Fla. 2d DCA· 1997-08-22 ·cited 24×
  The court held that an offer of judgment must expressly state it is made pursuant to section 768.79 and cannot contain conditions that preclude immediate enforcement upon acceptance.
• Nelson v. Miller
  212 So. 2d 66· Fla. 3d DCA· 1968-07-02 ·cited 24×
  Former stockholders of a dissolved Florida corporation sought to maintain a derivative action to recover lost corporate assets four years after the corporation was dissolved for non-payment of capital stock tax. The court held that dissolved corporations lose the capacity to sue
• Connell v. Floyd
  866 So. 2d 90· Fla. 1st DCA· 2004-01-08 ·cited 23×
  A proposal for settlement is invalid when its non-monetary conditions are not stated with sufficient particularity to allow the recipient to fully evaluate their terms and impact, even if the proposal settles only a portion of the dispute. Under strict construction of section 768
• Kiefer v. Sunset Beach Invs., LLC
  207 So. 3d 1008· Fla. 4th DCA· 2017-01-04 ·cited 19×
  A proposal for settlement is not rendered ambiguous and unenforceable merely because two paragraphs within an attached release do not specifically name the offeror, if the proposal and release, when read as a whole, clearly indicate they pertain only to the offeror and the offere
• Tierra Holdings, Ltd v. Mercantile Bank
  78 So. 3d 558· Fla. 1st DCA· 2011-05-18 ·cited 18×
  Tierra Holdings appeals a trial court order awarding Mercantile Bank all attorney's fees and costs incurred through trial under a contractual prevailing party provision, despite Tierra's valid proposal for settlement under section 768.79, Florida Statutes. The First District Cour
• Grant v. Sedco Corp.
  364 So. 2d 774· Fla. 2d DCA· 1978-11-01 ·cited 16×
  The Florida District Court of Appeal addressed whether the doctrine of equitable adoption allows a minor child to recover under the Florida Wrongful Death Act when the child was not legally adopted by the decedent. The court held that equitably adopted children cannot recover und
• Matte v. Caplan
  140 So. 3d 686· Fla. 4th DCA· 2014-06-11 ·cited 15×
  The Fourth District Court of Appeal addressed whether strict compliance with Florida's email service rules (Rule 2.516) is required for service of a section 57.105 sanctions motion. The court held that strict compliance is mandatory, rejecting the defendant's argument that substa
• Nathan v. Bates
  998 So. 2d 1178· Fla. 3d DCA· 2008-12-24 ·cited 15×
  The Florida Third District Court of Appeal vacated its prior order awarding attorneys' fees to the Floyds under section 57.105, finding that the Floyds failed to comply with the statute's procedural requirement of waiting 21 days after serving a motion before filing it with the c
• Anhloan Tran v. Anvil Iron Works, Inc.
  110 So. 3d 923· Fla. 2d DCA· 2013-02-15 ·cited 13×
  Anhloan Tran appealed the denial of her motion for costs and attorney's fees following a judgment in her favor. The court affirmed the denial of attorney's fees because Tran's settlement proposals contained ambiguous language regarding whether acceptance would require dismissal o
• Clivens Goldman v. Campbell
  920 So. 2d 1264· Fla. 4th DCA· 2006-03-01 ·cited 13×
  A plaintiff appealed the denial of his motion for attorney's fees under Florida's offer of judgment statute after recovering a judgment 25% greater than his settlement proposal. The court reversed, holding that a settlement proposal need only reference either the applicable rule
• Austin v. Smith
  312 F.2d 337· D.C. Cir.· 1962-11-21 ·cited 13×
  The court held that the marshal's return and affidavit supported a finding of proper service, and thus the motion to vacate the default judgment was correctly denied.
• Chiquita Kiara Floyd v. Smith
  160 So. 3d 567· Fla. 1st DCA· 2015-04-09 ·cited 12×
  The court held that the defendants' proposal for settlement strictly complied with statutory and rule requirements, supporting the award of costs and attorney's fees.
• Nolan v. Altman
  449 So. 2d 898· Fla. 1st DCA· 1984-04-13 ·cited 12×
  The court held that the trial court erred in awarding attorney's fees prematurely under Fla. Stat. § 501.2105, which requires judgment and exhaustion of appeals before such an award.
• Fussell v. Douberly
  206 So. 2d 231· Fla. 2d DCA· 1968-01-17 ·cited 12×
  Stepchildren appealed a judgment that denied them an interest in their stepfather's wrongful death settlement proceeds, arguing he was obligated to support them due to his prior assumption of their care.
• Checkrite Petroleum, Inc. v. Amoco OIL Co.
  678 F.2d 5· 2d Cir.· 1982-04-01 ·cited 11×
  The Petroleum Marketing Practices Act (PMPA) does not apply to the relationship between Amoco and Checkrite because Checkrite does not fit the statutory definitions of 'distributor' or 'retailer', and thus is not a 'franchisee'.
• Summersett v. Linkroum
  44 So. 2d 662· Fla.· 1950-02-21 ·cited 11×
  The Supreme Court of Florida held that a six-year-old student injured while riding on the running board of a private vehicle was within the guest statute's exception for school children being transported to or from school. This decision allows the student to sue for ordinary negl
• Diecidue v. Lewis
  223 So. 3d 1015· Fla. 2d DCA· 2017-02-10 ·cited 10×
  Anthony Diecidue appeals the trial court's award of attorneys' fees to Allstate based on a rejected proposal for settlement. The appellate court reversed, holding that Allstate's proposal contained an ambiguous and impossible condition—a loss of consortium waiver requiring Diecid
• Daila Cano v. Hyundai Motor Am., Inc.
  8 So. 3d 408· Fla. 4th DCA· 2009-03-18 ·cited 10×
  Daila Cano appeals an award of attorney's fees and costs to Hyundai Motor America, arguing that Hyundai's joint settlement proposal failed to comply with Florida's strict apportionment requirement for multi-party settlement offers. The court agrees and reverses, holding that Rule
• Grossman v. Honorable Gordon A. Duncan, Jr.
  371 So. 2d 142· Fla. 1st DCA· 1979-03-14 ·cited 10×
  Denise Grossman sought a writ of prohibition to prevent a judicial referee from conducting a medical malpractice mediation hearing beyond the six-month statutory deadline. The court held that the hearing was not properly commenced before a three-member panel as required by statut
• Robinson & ST. John Advertising & Pub. Relations, Inc. v. Lane
  557 So. 2d 908· Fla. 1st DCA· 1990-03-05 ·cited 9×
  Compliance with the Florida Fictitious Name Statute does not relieve an agent of personal liability when the agent fails to disclose the identity of the principal, especially when the agent actively concealed the principal's identity.
• Kayodi Whitley v. State
  273 So. 3d 1· Fla. 4th DCA· 2019-04-10 ·cited 8×
  Pre-trial house arrest fees are not recoverable under section 939.06 because they do not qualify as a 'charge of subsistence while detained in custody,' as the statute requires actual physical confinement rather than the constructive custody involved in house arrest.
• Pacheco v. Gonzalez
  254 So. 3d 527· Fla. 3d DCA· 2018-05-16 ·cited 8×
  A joint proposal for settlement served on multiple defendants is invalid and unenforceable under rule 1.442 and section 768.79 when it is conditioned on mutual acceptance of all defendants and prevents each defendant from independently evaluating and settling their respective cla
• Clements v. Rose
  982 So. 2d 731· Fla. 1st DCA· 2008-04-21 ·cited 8×
  Clements appeals the denial of his motion for attorneys' fees under Florida's offer-of-judgment statute after his dog bite lawsuit settlement proposal was rejected and he obtained a judgment 60% higher than his offer. The court reverses, holding that Clements' settlement proposal
• Little v. D'Aloia
  759 So. 2d 17· Fla. 2d DCA· 2000-03-17 ·cited 8×
  The Littles appeal a foreclosure judgment on an administrative lien imposed by the City of Temple Terrace for code violations. The court held that the City violated due process requirements by failing to provide proper notice of the hearing, despite having actual knowledge of the
• Partin v. Konsler Steel Co.
  336 So. 2d 684· Fla. 4th DCA· 1976-08-20 ·cited 8×
  A subcontractor's failure to strictly comply with the Mechanic's Lien Law's notice requirements precludes perfection of its lien, even if the owner also failed to comply with certain provisions.
• Baldwin v. Hill
  315 F.2d 738· 6th Cir.· 1963-04-06 ·cited 8×
  A bailee who permits another to drive her father's car, furnishing gas and control, is the host, not a guest, under Michigan's guest passenger statute. Cross-examination about prior driving conduct was not prejudicial error.
• Dodson v. Imperial Motors, Inc.
  295 F.2d 609· 6th Cir.· 1961-10-23 ·cited 8×
  The court held that the trial court erred by not submitting the factual question of whether the vehicle title was properly notarized before the accident to the jury, and by allowing the defendant driver and plaintiffs to present a united front against the defendant owner.
• Ledesma v. Iglesias
  975 So. 2d 1240· Fla. 4th DCA· 2008-03-12 ·cited 7×
  The Ledesmas appealed a trial court's award of attorney's fees and costs to Iglesias based on their rejection of his settlement proposal. The court affirmed, finding the settlement documents were clear and unambiguous and did not require the Ledesmas to falsely swear under oath.
• Suntrust Bank v. Arrow Energy, Inc.
  199 So. 3d 1026· Fla. 4th DCA· 2016-07-06 ·cited 6×
  A judgment against a garnishee that includes post-judgment interest on the garnished funds is void to the extent it exceeds the amount owed to the judgment debtor, as there is no statutory authority for such interest in garnishment proceedings.
• Alexie R. Kelly v. State
  946 So. 2d 591· Fla. 1st DCA· 2006-12-21 ·cited 6×
  Section 92.565(2), Florida Statutes, which permits admission of confessions in sexual abuse cases without proof of corpus delicti, requires that the state's inability to establish an element of the crime be attributable to a disability of the victim present at the time of the off
• Fam. Care Ctr., P.A. v. Truck Ins. Exch.
  875 So. 2d 750· Fla. 4th DCA· 2004-06-16 ·cited 6×
  Family Care Center sought coverage under a malpractice insurance policy issued to Dr. Dean when another physician employed by Family Care, Dr. Stine, was sued for malpractice. The court affirmed that Family Care was not an insured under the policy for claims against Dr. Stine, bu
• City OF Tampa v. Braxton
  616 So. 2d 554· Fla. 2d DCA· 1993-03-31 ·cited 6×
  The City of Tampa sought a personal money judgment against the Braxtons for code enforcement violations, but the trial court dismissed the action for lack of jurisdiction. The appellate court affirmed, holding that Chapter 162 of the Florida Statutes authorizes only lien foreclos
• Serv. Ins. Co. v. Gulf Steel Corp.
  412 So. 2d 967· Fla. 2d DCA· 1982-04-21 ·cited 6×
  The appellate court reversed the trial court's award of attorney's fees, finding that the fee arrangement between the appellee and its law firm was improper as the firm would not share the award with the client and the client had no interest in the award.
• Palm Beach Leisureville Cmty. Ass'n, Inc. v. Raines
  398 So. 2d 471· Fla. 4th DCA· 1981-05-06 ·cited 6×
  The Florida Fourth District Court of Appeal reversed a trial court's award of $180,000 in attorney's fees to condominium unit owners who prevailed in an assessment dispute against Palm Beach Leisureville Community Association. The court held that the Association, though managing
• In re Adoption of Kenneth Monroe Miller
  227 So. 2d 73· Fla. 4th DCA· 1969-09-29 ·cited 6×
  The court held that the natural father's consent is not controlling in the adoption of an adult if the adoption is shown to be for the adoptee's permanent benefit and statutory procedures are followed.
• Azalea Trace, Inc. v. Matos
  249 So. 3d 699· Fla. 1st DCA· 2018-06-04 ·cited 5×
  A non-signatory third party cannot be held liable for attorney's fees under section 57.105(7) merely because the contract benefits that party, as the statute requires the fee-seeking party to be a party to the contract containing the fee provision. The party-to-the-contract requi
• Dorit Reznek v. Chase Home Fin., LLC
  152 So. 3d 793· Fla. 3d DCA· 2014-12-10 ·cited 5×
  The court held that a motion for attorney's fees under section 57.105 cannot be filed until the opposing party has made a filing or assertion that can be challenged, and the safe harbor period has elapsed.
• Underwood Anderson & Assocs., Inc. v. Lillo's Italian Rest., Inc.
  36 So. 3d 885· Fla. 1st DCA· 2010-06-04 ·cited 4×
  Underwood Anderson & Associates, an insurance agent, appealed a trial court judgment awarding attorney's fees under Florida Statute Section 627.428 after a negligent procurement claim. The First District reversed, holding that an insurance agent is not an "insurer" under the stat
• Hibbard v. McGRAW
  862 So. 2d 816· Fla. 5th DCA· 2003-12-05 ·cited 4×
  Amanda Carr appeals from a judgment in favor of defendants in a personal injury action and an award of attorney's fees based on an unaccepted settlement offer. The court reversed the attorney's fees award because the defendants' settlement proposal was ambiguous regarding which p
• Fla. Sonesta Corp. v. Aniballi
  463 So. 2d 1203· Fla. 3d DCA· 1985-02-05 ·cited 4×
  The Florida District Court of Appeal reviewed whether a hotel complied with statutory requirements to limit its liability for guests' lost valuables. The court held that the hotel failed to strictly comply with posting and receipt requirements under Florida Statutes sections 509.
• State v. Edge
  397 So. 2d 939· Fla. 5th DCA· 1981-04-08 ·cited 4×
  The State appealed the trial court's suppression of a blood alcohol test from a manslaughter suspect involved in a fatal motor vehicle accident. The appellate court reversed, holding that the blood sample was properly obtained because it was requested by a homicide investigator (