Curative Statutes

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

• State v. Knowles
  402 So. 2d 1155· Fla.· 1981-06-25 ·cited 78×
  The Florida Supreme Court held that a 1980 statute granting public employees absolute immunity from suit cannot be applied retroactively to a pending case where a jury had already awarded a plaintiff $70,000 in damages. The Court found that retroactive application would unconstit
• Bd. Pub. Instruction LaFayette Cnty. v. First Nat'l Bank of Gainesville
  111 Fla. 4· Fla.· 1932-10-08 ·cited 61×
  The Florida Supreme Court affirmed a judgment for a bank against a school board on a promissory note for a $10,000 loan made in 1920. The court held that the board, though a quasi-public corporation, was subject to change of venue rules, and that a validating statute enacted in 1
• City OF Miami v. ST. JOE Paper Co.
  364 So. 2d 439· Fla.· 1978-10-05 ·cited 51×
  The Florida Supreme Court upheld the constitutionality of the Marketable Record Title Act and clarified that a wild or interloping deed may constitute a root of title under the Act. The City of Miami's title to submerged lands was barred by the Act because St. Joe Paper Company's
• Gen. Dev. Corp. v. Kirk
  251 So. 2d 284· Fla. 2d DCA· 1971-07-14 ·cited 46×
  General Development Corporation sought to reform a deed issued by Florida's Trustees of the Internal Improvement Fund to the Conways, which misdescribed twenty acres as lying in section 11 when they actually lay in section 2, resulting in a deed covering 57.8 acres instead of twe
• State v. LEE
  156 Fla. 291· Fla.· 1945-07-20 ·cited 46×
  The Florida Supreme Court held that a construction licensing tax statute (Chapter 17178), previously declared unconstitutional in Lee v. Bigby, remained invalid even after being re-enacted as Section 205.36 in the Florida Statutes of 1941, and therefore contractors were entitled
• E.C. Fogg, III v. Se. Bank, N.A.
  473 So. 2d 1352· Fla. 4th DCA· 1985-07-17 ·cited 40×
  E.C. Fogg III appealed a summary judgment foreclosing his mortgage, arguing that a 1983 amendment to Florida's balloon mortgage statute should not apply retroactively to his 1981 mortgage. The court held that the amendment applied retroactively because it merely eliminated a pena
• Certain Lots Upon Which Taxes Are Delinquent v. Town OF Monticello
  159 Fla. 134· Fla.· 1947-02-21 ·cited 39×
  The Florida Supreme Court upheld a tax foreclosure by the Town of Monticello against delinquent property owners, holding that procedural defects in the assessment and collection of municipal taxes became directory rather than mandatory after 1929, and that any remaining irregular
• Horton v. Kyle
  81 Fla. 274· Fla.· 1921-03-08 ·cited 35×
  This case concerns the constitutionality of a drainage tax law passed during a special legislative session. The court held that the law was void because the required notice of its intention was not published in the affected locality at least sixty days prior to its introduction,
• E. E. Marshall de bonis non of the Estate of Mathew A. Marshall v. Hollywood, Inc.
  224 So. 2d 743· Fla. 4th DCA· 1969-06-30 ·cited 29×
  E. E. Marshall, as administrator of the estate of Mathew A. Marshall, appealed from dismissal of his complaint seeking to recover real property allegedly fraudulently transferred in 1924. The court held that the Florida Marketable Title Act barred Marshall's claim because the def
• Patlex Corp. v. Mossinghoff
  758 F.2d 594· Fed. Cir.· 1985-03-07 ·cited 25×
  The court affirmed the district court's decision upholding the constitutionality of the patent reexamination statute's retroactive application, finding that Congress acted rationally to serve a legitimate public purpose. The court vacated the decision regarding specific PTO regul
• The City of Orlando v. Nannie B. Giles and James L. Giles
  51 Fla. 422· Fla.· 1906-01-01 ·cited 24×
  The City of Orlando appeals a lower court order that referred the tax foreclosure case to a master to determine equitable assessments rather than granting immediate foreclosure. The Florida Supreme Court reverses, holding that the Legislature validly legalized prior tax assessmen
• Dover Drainage Dist. v. Pancoast
  102 Fla. 267· Fla.· 1931-06-30 ·cited 19×
  Dover Drainage District sought to foreclose drainage assessments against appellees' lands, but the trial court invalidated the assessments as arbitrary and unconstitutional. The Florida Supreme Court reversed, holding that a validating statute enacted by the Legislature cured any
• Coon v. Bd. OF Pub. Instruction OF Okaloosa Cnty.
  203 So. 2d 497· Fla.· 1967-11-01 ·cited 18×
  The Florida Supreme Court upheld the constitutionality of a curative statute (Chapter 67-1809) that validated school district bonds despite procedural defects in the original bond issuance process. The Court held that the Legislature had authority to enact a validating statute to
• The Rio Vista Hotel & Improvement Co. v. Belle Mead Dev. Corp.
  132 Fla. 88· Fla.· 1937-12-22 ·cited 18×
  Belle Mead Development Corporation sought to foreclose tax sale certificates against Rio Vista Hotel & Improvement Company for unpaid property taxes. Rio Vista defended by claiming the tax assessments were void due to defective assessment procedures and unequal taxation resulting
• Lowe v. Stack
  326 So. 2d 1· Fla.· 1972-10-01 ·cited 16×
  The Florida Supreme Court held that a defendant charged with first-degree murder after October 1, 1972, must be tried pursuant to indictment rather than information, because Chapter 72-72 reinstated capital offenses with a constitutional death penalty procedure. The Court reverse
• Lots No. 1685 v. Town of DeFuniak Springs
  127 Fla. 348· Fla.· 1937-02-10 ·cited 15×
  The Florida Supreme Court was equally divided on whether to reverse or affirm a Circuit Court decree foreclosing special assessment liens on property in DeFuniak Springs. Following precedent on evenly-split decisions, the Court affirmed the lower court judgment, though the underl
• McELROY v. Pegg
  167 F.2d 668· 10th Cir.· 1948-04-19 ·cited 14×
  The court held that a curative act of Congress validated a conveyance of restricted Indian land made without the Secretary of the Interior's approval, and that the prior guardianship order was void due to lack of personal service.
• Reubin O'D. Askew v. Sonson
  409 So. 2d 7· Fla.· 1981-07-23 ·cited 12×
  The Florida Supreme Court upheld the application of the Marketable Record Title Act (MRTA) to section sixteen school lands granted to Florida by Congress in 1845. The court held that the MRTA constitutionally extinguishes the state's claim to school lands when a private party hol
• Cnty. OF Palm Beach v. State
  342 So. 2d 56· Fla.· 1976-11-30 ·cited 12×
  The Florida Supreme Court reversed a lower court's decision invalidating a $50 million bond issue. The Court found that while the county's procedures were flawed, the voters' overwhelming approval of the bonds should be honored, interpreting ambiguous language to permit constitut
• Mills v. Damson OIL Corp.
  686 F.2d 1096· 5th Cir.· 1982-09-14 ·cited 8×
  The Fifth Circuit Court of Appeals certified several questions of Mississippi law to the Mississippi Supreme Court. These questions concern the effect of a defectively acknowledged deed on constructive notice, the applicability and retroactivity of a curative statute for defectiv
• Town of Gulfport v. Mendels
  127 Fla. 730· Fla.· 1937-04-19 ·cited 8×
  The Florida Supreme Court reversed a lower court's dismissal of a town's foreclosure suit on improvement assessments. The court held that a subsequent curative act by the legislature validated the assessments, making them enforceable despite any prior irregularities.
• Camp v. The State of Fla. by G. W. Scofield
  71 Fla. 381· Fla.· 1916-03-29 ·cited 7×
  This case involves an appeal challenging a bond validation for an electric light plant. The Florida Supreme Court affirmed the validation, not on the lower court's reasoning, but on a subsequent curative act passed by the legislature that legalized the election and bond issue, re
• Tejada v. In re Forfeiture OF THE Following Described Prop.: $406
  820 So. 2d 385· Fla. 3d DCA· 2002-05-29 ·cited 6×
  Andres Tejada appeals a civil forfeiture action dismissing his claim to $406,626.11 seized from his Florida bank account under the fugitive disentitlement doctrine, codified in Florida Statute 896.106. The court affirms, holding that the statute does not violate due process and w
• State v. Cone Bros. Contracting Co.
  364 So. 2d 482· Fla. 2d DCA· 1978-09-06 ·cited 6×
  The Florida Department of Transportation and a state official appealed a lower court decision invalidating a 1976 retroactive amendment to a 1974 statute providing asphalt price adjustment relief to road contractors. The court held that the 1976 amendment validly modified the 197
• Bradford v. Schmucker
  135 F.2d 991· 10th Cir.· 1943-05-08 ·cited 6×
  The court held that the omission of the year for which special assessment taxes accrued, when the correct amount was listed, was a harmless error under Oklahoma's curative statute.
• Earp & Shriver, Inc. v. Hettie C. Earp and Sandra Earp Pope
  466 So. 2d 1225· Fla. 2d DCA· 1985-04-10 ·cited 5×
  The court declared a 1972 deed void for lacking subscribing witnesses, but found the deed valid as to an intervening party due to laches and estoppel.
• Garcia v. Carmar Structural Inc./Feisco
  605 So. 2d 1288· Fla. 1st DCA· 1992-10-05 ·cited 4×
  A workers' compensation claimant challenged the application of a 1990 statutory amendment to his wage loss benefits calculation, arguing it was unconstitutional. The court affirmed the lower court's decision to apply the amended statute but certified constitutional questions to t
• Bowman v. Davies
  586 So. 2d 1332· Fla. 1st DCA· 1991-10-04 ·cited 4×
  The Bowmans appealed a summary judgment dismissing their claims to enforce an oral contract and impose a constructive trust over property allegedly promised to them by a deceased person. The court reversed, holding that the trial court improperly granted summary judgment based on
• Orma G. Moore v. United Servs. Auto. Assocation
  808 F.2d 1147· 5th Cir.· 1987-02-05 ·cited 4×
  The court held that Florida law prohibits the stacking of insurance policies in this case and that a direct action against the insurer is barred by Mississippi law and the policy's 'no action' clause. Claims of bad faith and fraud were also rejected.
• Boys Work Inc. v. Gale
  321 So. 2d 435· Fla. 1st DCA· 1975-11-07 ·cited 4×
  Boys Work sought to retain a deed to property that St. Johns County had reconveyed to it in 1946. The trial court found the deed void and ordered it cancelled because the county failed to follow the statutory procedure required to vacate a public road. The appellate court affirme
• In re Parkwood v. Equitable Life Ins. Co.
  461 F.2d 158· D.C. Cir.· 1971-11-10 ·cited 4×
  The court held that the Loan Shark Act was not intended to cover these transactions and that Walker & Dunlop were exempt from its licensing requirements.
• State OF Wash. v. Maricopa Cnty.
  152 F.2d 556· 9th Cir.· 1945-12-14 ·cited 4×
  The court held that the Arizona Supreme Court's interpretation of state statutes, even if erroneous, does not present a federal question unless the state court gives effect to a subsequent law that impairs contract obligations. The refunding statutes were not considered subsequen
• Roberts v. Firman Smith
  72 Fla. 537· Fla.· 1916-12-20 ·cited 4×
  The Florida Supreme Court reversed a lower court judgment, granting a new trial due to the probable loss of crucial original orders related to a land sale, aiming to prevent injustice.
• Lalisa Davis v. Wash Hinson and Geraldine Hinson
  67 So. 3d 1107· Fla. 1st DCA· 2011-07-18 ·cited 2×
  Davis appeals a trial court decision granting the Hinsons' action to quiet title and ejectment over an eleven-acre parcel. The appellate court reversed, holding that the Hinsons lacked valid legal title to the property because their deed was signed by only some, not all, of the c
• Equal Emp. Opportunity Comm'n v. Westinghouse Elec. Corp.
  765 F.2d 389· 3d Cir.· 1985-06-20 ·cited 2×
  Congress may ratify retroactively the institution of a lawsuit by the EEOC to enforce the Equal Pay Act, and such ratification cures defects in the EEOC's authority to sue.
• Porter v. Buck
  335 So. 2d 369· Fla. 1st DCA· 1976-07-26
  The court held that the 1882 patent conveyed title to the surveyed lots in Section 3 to the State of Florida, rendering the subsequent 1958 patent ineffective.
• Hardin Cnty. v. Trunkline GAS Co.
  330 F.2d 789· 5th Cir.· 1964-04-15
  The court held that a legislative act attempting to ratify contracts made without legal authority is unconstitutional and void under Texas constitutional provisions prohibiting the donation of public funds and payment of claims not authorized by pre-existing law.
• J. J. Newberry Co. v. Marshall
  125 F.2d 973· 6th Cir.· 1942-02-04
  A lease substantially complying with Ohio's statutory requirements for execution, even if the acknowledgment is on a separate sheet, is valid for the term specified.