Repeal By Implication

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

• Merrill v. United States
  152 F.2d 74· 2d Cir.· 1945-12-03 ·cited 6×
  The court held that the Revenue Act of 1942 did not remove the bar of § 322(c) for tax years before 1939, and thus plaintiffs could not make further claims for the 1936 tax year.
• Phillips v. Town of Altamonte Springs
  92 Fla. 862· Fla.· 1926-11-09 ·cited 6×
  The Florida Supreme Court held that Section 1916 of the Revised General Statutes, which allows exclusion of lands from municipal territory, applies equally to municipalities incorporated by special legislative acts and those incorporated under general law. The court reversed a tr
• Smith v. Milton
  61 Fla. 745· Fla.· 1911-01-01 ·cited 6×
  The Florida Supreme Court held that a special act authorizing the Town of Marianna to issue $25,000 in bonds does not repeal or supersede the general law limiting municipal bond issuance to ten percent of assessed property values. The special act was merely a temporary exception
• Greeley v. The City of Jacksonville & Roy P. Moody
  17 Fla. 174· Fla.· 1879-01-01 ·cited 6×
  A Jacksonville property owner challenged the legality of municipal bonds issued for sanitary improvements, arguing the bond issuance lacked proper notice and procedural compliance. The Florida Supreme Court affirmed dismissal of the suit, holding that the city had authority to is
• Doggett v. Walter
  15 Fla. 355· Fla.· 1875-06-01 ·cited 6×
  The Florida Supreme Court upheld a city's authority to levy property taxes on real and personal estate for municipal purposes, rejecting the argument that the city's taxing power had been repealed by intervening revenue acts. The court held that the 1869 incorporation act's grant
• In re Colonial Realty Co. v. Hal M. Hirsch
  980 F.2d 125· 2d Cir.· 1992-11-20 ·cited 5×
  The court held that the FDIC's action to recover fraudulently transferred assets is subject to the automatic stay of 11 U.S.C. § 362, as it constitutes an action to recover a claim against the debtor, and the FDIC's statutory rights do not implicitly repeal or limit the automatic
• Fuller v. Dep't OF Educ.
  927 So. 2d 28· Fla. 1st DCA· 2006-03-27 ·cited 4×
  PERC does not have exclusive jurisdiction over the classification of state employee positions, as the legislature delegated such authority to the Department of Management Services and employing agencies. However, the Department reversed the ALJ's findings despite CSE support, vio
• Cannella v. Auto-Owners Ins. Co.
  801 So. 2d 94· Fla.· 2001-11-15 ·cited 4×
  The Florida Supreme Court reversed the Second District Court of Appeal and held that service of process on a dissolved corporation's registered agent, when that agent is the only person listed in state corporate records, provides actual notice and constitutes valid service even i
• ST. Agnes Hosp. v. Sullivan
  905 F.2d 1563· D.C. Cir.· 1990-06-19 ·cited 4×
  The court held that the interest rate for prevailing Medicare providers in judicial review is determined by the regulation promulgated under 42 U.S.C. § 1395x(v)(l)(B) in effect at the time the civil action is commenced, not by later regulations concerning return on equity capita
• United States v. Norquay
  905 F.2d 1157· 8th Cir.· 1990-06-12 ·cited 4×
  The Federal Sentencing Guidelines apply to crimes defined and punished by state law under the Major Crimes Act, but the sentence must not exceed state law's maximum or fall below its minimum. Federal law also governs good time credits and concurrent/consecutive sentencing.
• CSX Transp. v. United States & Interstate Commerce Comm'n
  867 F.2d 1439· D.C. Cir.· 1989-02-17 ·cited 4×
  The dissent argues that the Staggers Act is ambiguous regarding ZORF increases on prescribed rates and that the ICC's interpretation allowing such increases only under specific circumstances is reasonable and consistent with congressional intent.
• Paris v. Dep't OF Hous. & Urban Dev.
  843 F.2d 561· 1st Cir.· 1988-03-23 ·cited 4×
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction, as the legislative intent underlying public housing provisions forbids skipping over families because they are too poor.
• Kuzma v. United States Postal Serv.
  798 F.2d 29· 2d Cir.· 1986-07-31 ·cited 4×
  The court held that the USPS's regulation requiring mail receiving agencies to file Form 1583 was valid and not subject to the Administrative Procedure Act or Paperwork Reduction Act, nor did it violate constitutional rights.
• Davis v. Devine
  736 F.2d 1108· 6th Cir.· 1984-06-15 ·cited 4×
  The court held that the Office of Personnel Management's interpretation that civil service annuitants are ineligible for permanent administrative law judge positions is reasonable and entitled to deference, and that the age discrimination claim was barred by failure to file a tim
• Adams v. O.J. Keller
  713 F.2d 1195· 6th Cir.· 1983-06-22 ·cited 4×
  The dissenting judge would affirm the district court's denial of habeas corpus, finding the Parole Commission correctly applied the amended Federal Youth Corrections Act criteria.
• Donaldson v. United States
  653 F.2d 414· 9th Cir.· 1981-08-13 ·cited 4×
  The court held that California Civil Code § 846 does not implicitly repeal the specific duties imposed by California Health and Safety Code §§ 24050-24054 regarding river resorts, and thus the district court must determine if the reservoir is a river resort and if the United Stat
• Application of Ananda M. Chakrabarty
  571 F.2d 40· C.C.P.A.· 1978-03-02 ·cited 4×
  The dissenting judge believes the modified living organism is not statutory subject matter because its essential nature has not been substantially altered.
• Abell v. The United States
  518 F.2d 1369· Ct. Cl.· 1975-06-25 ·cited 4×
  Wage board employees of Bonneville Power Administration are not entitled to 25% Sunday premium pay under 5 U.S.C. § 5544(a) because the 1945 Act granting Bonneville authority to fix compensation without regard to other laws, including those related to employee pay, remains effect
• City OF Miami Beach v. Hendrik J. Berns
  231 So. 2d 847· Fla. 3d DCA· 1970-02-24 ·cited 4×
  The City of Miami Beach and its council members challenged an injunction requiring all city council meetings to be held in public under Florida's 1967 Government in the Sunshine Law. The appellate court affirmed the injunction, holding that the Sunshine Law applies to municipal g
• Ungo v. Beechie
  311 F.2d 905· 9th Cir.· 1963-01-10 ·cited 4×
  The court held that an alien who knowingly signs a form electing exemption from military service, thereby becoming ineligible for citizenship, cannot later claim ignorance of the consequences, even if not explicitly warned of all potential future implications under other statutes
• United States Ex rel. Kwong Hai Chew v. Colding
  192 F.2d 1009· 2d Cir.· 1951-12-04 ·cited 4×
  A resident alien seeking readmission is subject to the same exclusion provisions as a first-time entrant, and exclusion orders are not stayed by pending naturalization petitions.
• Johnston v. United States
  175 F.2d 612· 4th Cir.· 1949-06-03 ·cited 4×
  An Army officer detailed to duty with a civilian agency is not entitled to additional pay or allowances beyond their military compensation, unless expressly authorized by law.
• Hudson Motor CAR Co. v. Hertz
  121 F.2d 326· 6th Cir.· 1941-06-25 ·cited 4×
  The court held that the statute of limitations for actions under the Virginia Death Statute begins to run from the accrual of the cause of action against the personal representative of the decedent wrongdoer, not from the appointment of the representative.
• Nairn D. Newell v. Fla. Dep't OF Corr.
  214 So. 3d 721· Fla. 1st DCA· 2017-03-03 ·cited 3×
  Nairn Newell sought to compel the Florida Department of Corrections to award him 60 days of gain-time for completing his G.E.D. certificate. The court held that while the FDOC has discretion whether to grant the award, it must at least consider requests from inmates whose offense
• Carter v. Gibbs
  883 F.2d 1563· Fed. Cir.· 1989-08-31 ·cited 3×
  Federal employees covered by a collective bargaining agreement with a grievance procedure that does not exclude overtime claims under the Fair Labor Standards Act (FLSA) are not precluded by the Civil Service Reform Act from maintaining a suit in district court for overtime pay u
• United States v. Cowboy
  694 F.2d 1228· 10th Cir.· 1982-12-06 ·cited 3×
  The federal courts have jurisdiction over Indians for violations of 18 U.S.C. § 1154, and the lower courts erred in dismissing the case for lack of jurisdiction.
• S. Cap. Corp. v. S. Pac. Co.
  568 F.2d 590· 8th Cir.· 1978-01-11 ·cited 3×
  The court held that the Joint Resolution of 1933, which declared gold clauses against public policy, was not repealed by subsequent legislation allowing private dealing in gold, and thus the plaintiff could not enforce the gold clause in their bonds.
• State v. Collier Cnty.
  171 So. 2d 890· Fla.· 1965-02-10 ·cited 3×
  The court held that a later special act did not repeal or supersede a prior general law regarding the financing of county parks and recreational facilities, as there was no irreconcilable conflict between the two statutes.
• Storrs v. Storrs
  126 Fla. 213· Fla.· 1936-11-18 ·cited 3×
  This case concerns whether a county judge from a different county had the authority to order the restitution of property after the original judge was disqualified. The court found that the judge from the other county lacked jurisdiction, and therefore the circuit court was correc
• Pub. Citizen, Inc. v. Fed. Aviation Admin.
  988 F.2d 186· D.C. Cir.· 1993-03-26 ·cited 2×
  The court held that the FAA's rules, even if relying on secret security programs, satisfy the Aviation Security Improvement Act (ASIA) and that the FAA can withhold security-sensitive information under 49 U.S.C.App. § 1357(d)(2) from public disclosure, including under the APA and
• Poole v. Kelly
  954 F.2d 760· D.C. Cir.· 1992-01-31 ·cited 2×
  Persons convicted of first-degree murder and sentenced to life imprisonment under D.C. Code § 22-2404(b) are not eligible for good time credits under the D.C. Good Time Credit Act of 1986.
• Broughton Lumber Co. v. Yeutter
  939 F.2d 1547· Fed. Cir.· 1991-07-12 ·cited 2×
  The Court of Appeals held that the district court correctly transferred Broughton's takings claim to the Claims Court, as neither the Columbia River Gorge National Scenic Area Act nor the Fifth Amendment provides jurisdiction in the district court for such claims exceeding $10,00
• CSX Transp., Inc. v. The Pub. Utils. Comm'n OF Ohio
  901 F.2d 497· 6th Cir.· 1990-04-13 ·cited 2×
  State regulations concerning the transportation of hazardous materials by rail are preempted by the Federal Railroad Safety Act (FRSA) if they relate to railroad safety, even if enacted under the Hazardous Materials Transportation Act (HMTA).
• Sw. Marine OF SAN Francisco, Inc. v. The United States
  896 F.2d 532· Fed. Cir.· 1990-02-12 ·cited 2×
  The Federal Circuit does not have jurisdiction over appeals arising from maritime contracts, even if they are otherwise subject to the Contract Disputes Act.
• Frontier Airlines v. Civil Aeronautics Bd.
  764 F.2d 735· 10th Cir.· 1985-06-07 ·cited 2×
  The court held that the Civil Aeronautics Board's orders to recapture tax allowances paid to Frontier were consistent with its actual tax policy and therefore neither arbitrary nor capricious.
• Genaro Pulido and John Cary v. Heckler
  758 F.2d 503· 10th Cir.· 1985-03-26 ·cited 2×
  The court held that the Secretary of Health and Human Services has a duty to promulgate regulations regarding the payment of travel expenses for administrative hearings, and that this duty has not been implicitly repealed by subsequent appropriations measures.
• Smith v. Crown-Zellerbach, Inc.
  638 F.2d 883· 5th Cir.· 1981-03-05 ·cited 2×
  The court held that La.Rev.Stat. § 9:2791 does not absolve property owners of liability for attractive nuisances, even when the property is used for recreational purposes.
• Int'l Tel. & Tel. Corp. & Int'l Standard Elec. Corp. v. The United States
  536 F.2d 1361· Ct. Cl.· 1976-06-16 ·cited 2×
  The court affirmed the trial judge's opinion, holding that Congress did not intend to repeal 35 U.S.C. § 91 by enacting subsequent legislation.
• Emhart Corp. v. Brantley
  257 So. 2d 273· Fla. 3d DCA· 1972-02-01 ·cited 2×
  Emhart Corporation sued the Brantleys on a promissory note signed by both husband and wife. The trial court granted summary judgment for the wife because the note did not comply with the old constitutional requirement for married women's property encumbrances. The appellate court
• Carley R. LEE v. Fister
  413 F.2d 1286· 6th Cir.· 1969-07-30 ·cited 2×
  The court held that the Kentucky one-year statute of limitations for personal injury actions applies to claims against a home builder, even with later statutes providing a five-year period.
• United States ex rel. Juan Perez-Varella v. Esperdy
  285 F.2d 723· 2d Cir.· 1960-12-22 ·cited 2×
  The court held that the treaty provisions for arresting deserters from foreign warships remain in effect, as subsequent legislation did not repeal them.
• Burton v. State
  107 So. 2d 140· Fla. 2d DCA· 1958-09-24 ·cited 2×
  Arthur Burton was convicted of attempted larceny of title to real property under an information that the court found fatally defective. The Florida appellate court reversed, holding that the statute governing larceny does not encompass larceny of title to real property itself, on
• Matter of the Guardianship of Patsy Ann Adams & Jack Albert Adams
  99 So. 2d 723· Fla. 2d DCA· 1958-01-15 ·cited 2×
  The Florida District Court of Appeal answered a certified question regarding whether the Uniform Veterans' Guardianship Law (Chapter 293) was repealed in 1945, holding that its provisions remained in full force and effect for minor beneficiaries of the veterans' administration, e
• Spencer v. Bullock
  216 F.2d 54· D.C. Cir.· 1954-10-07 ·cited 2×
  A police officer who met the statutory age and service requirements for retirement and elected to retire was entitled to retirement compensation, even if subsequently dismissed for conduct occurring after the election.
• Commissioner of Internal Revenue v. Rivera's Estate
  214 F.2d 60· 2d Cir.· 1954-06-10 ·cited 2×
  The court held that the federal estate tax does not apply to the estate of a U.S. citizen domiciled in Puerto Rico, as Congress has not clearly expressed an intent to override the established policy of fiscal independence for Puerto Rico.
• Anderson Hotels OF Okla., Inc. v. Baker
  190 F.2d 741· 10th Cir.· 1951-07-14 ·cited 2×
  The court held that the later statute requiring rope fire escapes in hotels over two stories was not repealed by a subsequent, more specific statute that only required them in hotels not over two stories. The court also affirmed the $250 judgment for lost personal property.
• Sampsell v. Lawrence Warehouse Co.
  167 F.2d 885· 9th Cir.· 1948-05-12 ·cited 2×
  The court held that the California Warehouse Receipts Act, by its uniformity purpose and express repeal provisions, superseded and repealed prior statutes that would have invalidated warehouse receipts for failing to state storage rates, thus making the receipts valid.
• Fawcett v. Commissioner of Internal Revenue
  149 F.2d 433· 2d Cir.· 1945-05-15 ·cited 2×
  Losses from intra-family sales or exchanges of any property, not just stock, are not deductible under Section 24(b)(1)(A) of the Internal Revenue Code.
• Lanthe Calhoun v. Baden
  153 Fla. 663· Fla.· 1943-11-09 ·cited 2×
  Lanthe Calhoun sought habeas corpus discharge, challenging whether Florida law criminalized death caused by operating an automobile while intoxicated. The Florida Supreme Court held that such conduct remained a statutory crime despite the petitioner's argument that an intervening
• City of Miami v. Lee
  112 Fla. 848· Fla.· 1933-11-24 ·cited 2×
  This case addresses whether a 1929 gasoline tax law was repealed by later 1931 acts. The court held that the earlier law's provision for automatic adjustment of the tax rate remained in effect, as the later acts did not explicitly repeal or implicitly contradict it.