Repeal By Implication

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

• Whitehead v. State
  498 So. 2d 863· Fla.· 1986-10-30 ·cited 542×
  The Florida Supreme Court held that the habitual offender statute cannot serve as a basis for departing from sentencing guidelines because prior criminal record is already factored into the guidelines calculation, and such departure would constitute impermissible "double-dipping.
• Stewart v. DeLand-Lake Helen Special Rd. & Bridge Dist. in Volusia Cnty.
  71 Fla. 158· Fla.· 1916-02-15 ·cited 206×
  The Florida Supreme Court upheld the validity of bonds issued by the DeLand-Lake Helen Special Road and Bridge District under Chapter 6208 of the Florida Laws (1911), rejecting the appellant's challenges that a prior special act for Volusia County remained controlling, that the g
• Sanders v. Ira C. Howell
  73 Fla. 563· Fla.· 1917-03-06 ·cited 140×
  The Florida Supreme Court held that Chapter 6924 (1915), exempting farm products from license taxes, did not repeal or modify the City of Pensacola's special charter authority under Chapter 6087 (1909) to impose license taxes on all occupations. Therefore, the city could lawfully
• United States v. Jamiel Alexander Chagra
  669 F.2d 241· 5th Cir.· 1982-03-03 ·cited 118×
  The court held that the government's decision to seek a superseding indictment with a continuing criminal enterprise charge was not vindictive, and that the defendant received a fair trial despite pretrial publicity because an impartial jury was impaneled.
• United States v. Georgia-Pacific Co.
  421 F.2d 92· 9th Cir.· 1970-01-08 ·cited 117×
  The court held that the Government is subject to equitable estoppel and the clean hands doctrine, and therefore cannot obtain specific performance of the 1934 agreement due to its conduct.
• The City of Jacksonville v. Bowden
  67 Fla. 181· Fla.· 1914-03-10 ·cited 116×
  Jacksonville challenged an injunction blocking the submission of charter-amending ordinances to voters. The Florida Supreme Court reversed, holding that the Legislature may authorize municipalities to amend their own charters through ordinance and voter approval without violating
• City of St. Petersburg v. Pinellas Cnty. Power Co.
  87 Fla. 315· Fla.· 1924-04-02 ·cited 111×
  The Florida Supreme Court upheld an injunction against the City of St. Petersburg, holding that the city must comply with Chapter 4600 (Acts of 1897) when establishing a municipal electric plant, despite claiming exemption under its special charter act of 1913. The court rejected
• Nat'l MFG. Co. v. United States
  210 F.2d 263· 8th Cir.· 1954-02-08 ·cited 88×
  The court held that the United States is not liable for damages arising from floods or flood waters under 33 U.S.C.A. § 702c, and also not liable for inaccuracies in the dissemination of public information under the Federal Tort Claims Act.
• Palm Harbor Special Fire Control Dist. v. Celestine Kelly
  516 So. 2d 249· Fla.· 1987-12-03 ·cited 85×
  The Florida Supreme Court upheld a Second District Court of Appeal decision striking down a statute requiring business agents for labor unions to be U.S. citizens, finding the alienage restriction violated equal protection under both the Fourteenth Amendment and the Florida Const
• The Comm. FOR Nuclear Responsibility, Inc. v. Seaborg
  463 F.2d 783· D.C. Cir.· 1971-10-05 ·cited 82×
  The court held that Congress's passage of authorization and appropriations bills for the nuclear test did not conclusively determine the sufficiency of the environmental impact statement under NEPA. Summary judgment was inappropriate because unresolved factual questions existed r
• City of St. Petersburg v. Siebold
  48 So. 2d 291· Fla.· 1950-10-24 ·cited 81×
  The Supreme Court of Florida considered whether a state law regulating dispensing opticians repealed a city ordinance imposing a higher occupational license tax. The court held that the state law did not repeal the city's authority to set its own license tax, as long as it did no
• State v. Palmes
  23 Fla. 620· Fla.· 1887-06-01 ·cited 76×
  This mandamus case challenges a county tax collector's refusal to issue a state and county license to a stevedore. The Florida Supreme Court held that the 1881 stevedore licensing act was not repealed by the 1885 general revenue law, and that while certain provisions of the steve
• City OF Miami Beach v. Hendrik J. Berns
  245 So. 2d 38· Fla.· 1971-01-27 ·cited 74×
  The Florida Supreme Court held that the Government in the Sunshine Law (§ 286.011) supersedes the earlier municipal open meetings statute (§ 165.22) and applies to all city council meetings, formal and informal, prohibiting executive sessions from which the public is excluded reg
• Casper Howarth v. City of DeLand
  117 Fla. 692· Fla.· 1934-12-20 ·cited 72×
  The Florida Supreme Court upheld the City of DeLand's authority to assess abutting property owners for street paving and sewerage improvements under Chapter 9735, Acts of 1923, and reversed the entry of a decree pro confesso on the ground that a decree on a demurrer, rather than
• Bacon v. Louen N. Green
  36 Fla. 325· Fla.· 1895-06-01 ·cited 66×
  In this contract dispute, Mark R. Bacon signed an agreement with Louen N. Green to create abstract books of Jefferson County, Alabama records, but failed to complete the work. Green rescinded the contract and sued for recovery of money paid. The Florida Supreme Court affirmed tha
• Keech v. State
  15 Fla. 591· Fla.· 1876-01-01 ·cited 63×
  Mary Ann Keech was convicted as an accessory before the fact to murder based on a defective indictment and an improperly constituted grand jury. The Florida Supreme Court reversed and remanded, finding multiple procedural errors including that the grand jury was illegally compose
• Chemetron Corp. v. Bus. Funds, Inc.
  682 F.2d 1149· 5th Cir.· 1982-08-16 ·cited 60×
  The court held that Bintliff could not be held liable as a civil conspirator because there was no evidence he agreed to the specific wrong against Chemetron, and that Bintliff was not collaterally estopped by findings in a settled case because the dismissal was not a final, on-th
• NEW Jersey AIR Nat'l Guard v. Fed. Labor Relations Auth.
  677 F.2d 276· 3d Cir.· 1982-04-12 ·cited 60×
  The National Guard Technician Act of 1968, which commits certain employment matters to the adjutant general's discretion and limits appeals, prevails over the more general Labor-Management Relations Act of 1978. Therefore, the Guard is not obliged to bargain over these matters.
• Preterm, Inc. v. Dukakis
  591 F.2d 121· 1st Cir.· 1979-01-15 ·cited 60×
  The Hyde Amendment, a rider to an appropriations bill, did not substantively amend the Medicaid Act by implication, and therefore, states remain obligated to fund medically necessary abortions under the Medicaid Act.
• The Fla. E. Coast Ry. Co. v. Hazel
  43 Fla. 263· Fla.· 1901-06-01 ·cited 60×
  The Florida Supreme Court affirmed a lower court's judgment against the Florida East Coast Railway Company for killing livestock. The court held that the state law requiring railroads to fence their tracks and providing for double damages and attorney's fees for non-compliance wa
• Smith v. State
  29 Fla. 408· Fla.· 1892-01-01 ·cited 60×
  Henry C. Smith was convicted of forging a school warrant by altering its amount from $3 to $30. On appeal, the Florida Supreme Court affirmed the conviction, holding that school warrants are proper subjects of forgery statutes and that circumstantial evidence of Smith's guilt was
• Cohen v. United States
  201 F.2d 386· 9th Cir.· 1953-01-06 ·cited 58×
  The conviction on Count Six for making a false financial statement to Treasury agents is affirmed, as the evidence was sufficient and the statute was properly applied. This conviction alone is sufficient to uphold the sentence due to concurrent sentencing.
• Env't Def. Fund v. Env't Prot. Agency
  598 F.2d 62· D.C. Cir.· 1978-11-03 ·cited 52×
  The court upheld the EPA's regulations prohibiting the discharge of PCBs into waterways, finding that the Toxic Substances Control Act (TSCA) did not preempt the EPA's authority under the Federal Water Pollution Control Act Amendments of 1972.
• Drew v. Liberty Mut. Ins. Co.
  480 F.2d 69· 5th Cir.· 1973-06-04 ·cited 50×
  The court held that the 1972 amendments to Title VII did not eliminate an individual employee's right to seek temporary injunctive relief pending EEOC action, and that dismissal for lack of jurisdiction was error.
• Robert T. Mann et ux. v. The Goodyear Tire & Rubber Co.
  300 So. 2d 666· Fla.· 1974-07-31 ·cited 49×
  The court held that a specific statute prohibiting venue transfer without consent prevails over a later, general forum non conveniens statute.
• McALESTER v. United AIR Lines, Inc.
  851 F.2d 1249· 10th Cir.· 1988-07-14 ·cited 41×
  The Railway Labor Act (RLA) does not preclude federal court jurisdiction over a § 1981 racial discrimination claim, even if the dispute arises from a collective bargaining agreement. Independent statutory rights are not barred by the RLA's exclusive jurisdiction over minor disput
• Carcaise v. The Honorable J. Robert Durden
  382 So. 2d 1236· Fla. 5th DCA· 1980-03-26 ·cited 38×
  The court held that the special five-year statute of limitations for securities violations, not the general two-year statute for non-capital crimes, applies to the petitioner's prosecution.
• Walling v. Patton-Tulley Transp. Co.
  134 F.2d 945· 6th Cir.· 1943-04-08 ·cited 38×
  Employees engaged in constructing and repairing dikes and revetments on navigable rivers are engaged in interstate commerce and thus covered by the Fair Labor Standards Act. The Eight-Hour Law amendment does not repeal or supersede the Fair Labor Standards Act for these employees
• Alethia Jones v. State
  813 So. 2d 22· Fla.· 2002-01-24 ·cited 36×
  The Florida Supreme Court resolved a conflict between district courts on whether section 948.01(13), which authorizes drug offender probation for chronic substance abusers charged with drug crimes, provides an alternative sentencing scheme outside the sentencing guidelines. The C
• Wilson v. Crews
  160 Fla. 169· Fla.· 1948-02-17 ·cited 36×
  The Florida Supreme Court held that a 1945 constitutional amendment to Article 5, Section 21 gave the Legislature exclusive power to abolish all Justice Districts in a county by special act (subject to referendum approval), thereby superseding the original constitutional requirem
• S. S. W., Inc. v. Air Transp. Ass'n of Am.
  191 F.2d 658· D.C. Cir.· 1951-07-12 ·cited 35×
  The court held that the district court has jurisdiction to hear the complaint for damages and that the appellant should not be required to seek relief from the Civil Aeronautics Board first.
• Dep't OF THE Navy v. Fed. Labor Relations Auth.
  836 F.2d 1409· 3d Cir.· 1988-01-12 ·cited 34×
  The court held that Congress did not intend to subject the pay and pay practices of civilian mariners employed by the Military Sealift Command to collective bargaining under the Federal Service Labor-Management Relations Statute.
• Bd. of Pub. Instructions of Polk Cnty. v. Bd. of Cnty. Comm'rs of Polk Cnty.
  58 Fla. 391· Fla.· 1909-06-01 ·cited 34×
  This case concerns whether a constitutional amendment requiring fines to be used for criminal prosecution costs superseded an earlier provision dedicating net fines to the school fund. The court held that the amendment, by its plain terms and evident design, implicitly repealed t
• Tanner v. Wiggins
  54 Fla. 203· Fla.· 1907-06-01 ·cited 34×
  Tanner was convicted of illegal liquor dealing and sentenced to either twelve months imprisonment or a $50 fine plus costs. He paid the fine and costs, but was later arrested for violating conditions of the suspended sentence. The Florida Supreme Court held that the trial court l
• Demby v. Schweiker
  671 F.2d 507· D.C. Cir.· 1981-12-15 ·cited 32×
  The court held that the rescission act did not implicitly repeal the ten percent set-aside provision because neither of the two tests for implied repeal was satisfied.
• The State of Fla. & the Cnty. of Jackson v. S. Land & Timber Co.
  45 Fla. 374· Fla.· 1903-01-01 ·cited 32×
  The Florida Supreme Court reversed a circuit court decision invalidating property tax assessments against Southern Land and Timber Company, holding that the State and county tax rates were authorized by law and that the company's remedy for alleged over-valuation lay with equaliz
• Valdez v. State
  142 Fla. 123· Fla.· 1940-02-27 ·cited 30×
  The Florida Supreme Court upheld the trial court's denial of a motion to dismiss a bill of complaint seeking to enjoin alleged lottery operations (Bolita, Cuba, and Bond) as a public nuisance, and affirmed the striking of portions of defendants' answers that claimed repeal by imp
• Hodgson v. Bd. OF Cnty. Comm'rs
  614 F.2d 601· 8th Cir.· 1980-01-09 ·cited 28×
  The Hyde Amendment does not substantively amend Medicaid, and the constitutionality of state law or the Hyde Amendment need not be reached.
• State v. Stoutamire
  98 Fla. 486· Fla.· 1929-09-27 ·cited 28×
  The Florida Supreme Court held that Chapter 8411 (1921) and Chapter 9120 (1923), which imposed license taxes on gasoline dealers based on a flat fee per place of business plus a per-gallon tax, repealed the earlier Sections 896 and 804 of the Revised General Statutes, which impos
• Horner v. Jeffrey
  823 F.2d 1521· Fed. Cir.· 1987-07-02 ·cited 26×
  The court held that the MSPB erred in substituting its interpretation of the statute for OPM's long-standing interpretation.
• United States v. Jones
  607 F.2d 269· 9th Cir.· 1979-10-24 ·cited 26×
  The court held that the government may prosecute violations of the Antiquities Act under general theft and malicious mischief statutes, 18 U.S.C. §§ 641 and 1361, even if the Antiquities Act also applies, absent clear congressional intent to the contrary.
• DE Coningh v. City OF Daytona Beach
  103 So. 2d 233· Fla. 1st DCA· 1958-05-22 ·cited 26×
  The filing of a bond pursuant to F.S. § 932.52(16) in appeals from municipal courts operates to supersede the entire judgment, and municipal courts have no discretion to deny supersedeas as to any part of the judgment.
• United States v. Pepper Bros.
  142 F.2d 340· 3d Cir.· 1944-05-03 ·cited 26×
  The court held that the district court erred in quashing counts of a criminal information based on a statutory interpretation that effectively repealed a price regulation, as such validity questions are exclusively for the Emergency Court of Appeals.
• Therion Frierson v. State
  511 So. 2d 1016· Fla. 5th DCA· 1987-07-02 ·cited 24×
  Therion Frierson appealed the denial of his motion to reduce his sentence from 10 years to the guideline range of 2.5-3.5 years for burglary. The court held that the habitual offender statute was repealed by implication when Florida enacted sentencing guidelines, making Frierson'
• Loran W. Robbins v. The Pepsi-Cola Metro. Bottling Co.
  800 F.2d 641· 7th Cir.· 1986-07-11 ·cited 24×
  The Multiemployer Pension Plan Amendments Act's (MPPAA) 'pay now, dispute later' scheme for withdrawal liability payments implicitly supersedes Federal Rule of Civil Procedure 62(d)'s automatic stay provision.
• Mitchell v. The United States
  664 F.2d 265· Ct. Cl.· 1981-10-21 ·cited 24×
  The court held that claims for improper deductions from timber sales proceeds and failure to invest tribal funds may fall within the Tucker Act's consent to suit, but claims for "mismanagement" like failure to plan or minimize erosion do not. The court also noted that fifth amend
• City OF Tampa v. Birdsong Motors, Inc.
  261 So. 2d 1· Fla.· 1972-03-10 ·cited 24×
  The Florida Supreme Court held that the City of Tampa's license tax measured by gross sales violates the Florida Constitution of 1968 because municipalities may only levy non-ad valorem taxes when authorized by general law, not by special municipal ordinance. The Court rejected a
• A. H. Bull S.S. Co. v. Seafarers' Int'l Union OF N. Am., Atl. & Gulf Dist., AFL-CIO
  250 F.2d 326· 2d Cir.· 1957-11-21 ·cited 24×
  The court held that Section 301 of the Taft-Hartley Act did not repeal the Norris-LaGuardia Act, and therefore federal courts lack jurisdiction to enjoin peaceful strikes in labor disputes.
• Safe Harbor Water Power Corp. v. Fed. Power Comm'n
  124 F.2d 800· 3d Cir.· 1941-12-02 ·cited 24×
  The court held that Section 313(b) of the Federal Power Act grants exclusive jurisdiction to the circuit courts of appeals for reviewing Commission orders, implying a repeal of prior district court review provisions in Section 20. Furthermore, the court found the Commission lacke
• State v. Digman
  294 So. 2d 325· Fla.· 1974-03-20 ·cited 23×
  The court held that the statute relating to grand juries, Ch. 57-550, Laws of Florida 1957, remains valid and was not repealed by implication, nor converted into an invalid special act or ordinance.