LUANNE MIMS, APPELLANT,

v.

LIPTON TOYOTA, INC. AND PCA SOLUTIONS, INC., APPELLEES

Citator

Cited By (15 total)

• Okeechobee Health Care & Associated Indus. Ins. Co., Inc. v. Collins, 726 So. 2d 775 (Fla. 1st DCA 1998)
  …1st DCA 1986); Department of Prof'l Regulation, Bd. of Med. Exam’rs v. Durrani, 455 So. 2d 515 (Fla. 1st DCA 1984). Ring Power Corp. v. Campbell, 697 So. 2d 203, 205 (Fla. 1st DCA 1997). The present case is a far cry from Willette v. Air Products, 700 So. 2d 397, 399 (Fla. 1st DCA 1997), where we rejected an agency’s statutory interpretation as “unmistakably at odds with the clear statutory language.” The statutory interpretation embodied in the agency’s rule here is dictated by established canons of statut…
• Dep't OF Child. & Families v. R.H., 819 So. 2d 858 (Fla. 5th DCA 2002)
  …er Mgmt. Dist. v. Consolidated-Tomoka Land Co., 717 So. 2d 72 (Fla. 1st DCA 1998), superseded by statute on other grounds, Southwest Fla. Water Mgmt. Dist. v. Save the Manatee Club, Inc., 773 So. 2d 594 (Fla. 1st DCA 2000); Willette v. Air Products, 700 So. 2d 397 (Fla. 1st DCA 1997); Injured Workers Ass’n of Florida v. Department of Labor & Employment Sec., 630 So. 2d 1189, 1191 (Fla. 1st DCA 1994) ("Rules are entitled to a presumption of constitutional validity and should be interpreted, if possible, in a m…
• Broward Child's. Ctr. v. Hall, 859 So. 2d 623 (Fla. 1st DCA 2003)
  …flict with section 440.13(9)(a) in several respects and that, therefore, the latter, rather than the former, must control. We agree that, when a rule is in direct conflict with a statute, the latter must control. See, e.g., Willette v. Air Products, 700 So. 2d 397, 399 (Fla. 1st DCA 1997) (“a duly promulgated administrative rule, although ‘presumptively valid until invalidated in a section 120.56 rule challenge,’ ... must give way in judicial proceedings to any contradictory statute that applies”). However, w…

Authorities Cited

• Wells Fargo Armored Servs. & The Travelers v. LEE, 692 So. 2d 284 (Fla. 1st DCA 1997)