Statutory Construction – What does the Statute Mean?

What does this statute mean? As an example of a statute saying what it says and meaning what it means, Florida Statute s. 95.11 (5)(b) provides that there is a one-year statute of limitations for “[a]n action to enforce an equitable lien arising from the furnishing of labor, services, or material for the improvement of real property.” In a recent case, Gabriji, LLC v. Hollywood East, LLC, 45 Fla. L. Weekly D2251a (Fla. 4th DCA 2020), an issue was whether the one-year statute of limitations applied to equitable liens outside the context of “furnishing of labor, services, or material for the...

07 February

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Statutory Construction Subject to De Novo Standard of Appellate Review

Posted by David Adelstein

in Appeal, Standard of Review

Oftentimes, courts are required to engage in statutory construction and this statutory construction becomes a driving issue in the dispute. Statutory construction is the process of a court interpreting law and then applying that law to a set of facts. For example, if your case turns on the interpretation of a particular Florida statute applied to your facts, this would be statutory construction. On appeal, the issue of statutory construction is subject to a de novo standard of appellate review. Taylor Morrison Services, Inc. v. Ecos, 163 So.3d 1286, 1289 (Fla. 1st DCA 2015). A de novo standard of review means the...