Retroactive Application Of Statutes

2,390 Florida cases classified under this topic, plus 320 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Witt v. State
  387 So. 2d 922· Fla.· 1980-07-24 ·cited 619×
  Johnny Paul Witt, convicted of first-degree murder and sentenced to death in 1974, sought post-conviction relief under Florida Rule of Criminal Procedure 3.850 based on alleged favorable changes in law. The Florida Supreme Court held that only major constitutional law changes ema
• State v. Callaway
  658 So. 2d 983· Fla.· 1995-07-20 ·cited 430×
  The Florida Supreme Court held that the sentencing rule announced in Hale v. State, which prohibits consecutive habitual felony offender sentences for offenses arising from a single criminal episode, may be retroactively applied within a two-year window following Hale's decision.
• Kruso v. Int'l Tel. & Tel. Corp.
  872 F.2d 1416· 9th Cir.· 1989-04-19 ·cited 422×
  The court held that the Judicial Improvements and Access to Justice Act of 1988, specifically 28 U.S.C. § 1441(a), applies retroactively to disregard Doe defendants for removal purposes, and that the plaintiffs' claims against the individual defendants failed to establish fraudul
• Reed v. State
  837 So. 2d 366· Fla.· 2002-12-19 ·cited 344×
  The Florida Supreme Court held that giving a jury instruction that defines 'maliciously' in aggravated child abuse cases using the incorrect legal standard (technical malice rather than actual malice) constitutes fundamental error when the malice element is disputed at trial, reg
• Rhoda Smith v. State
  598 So. 2d 1063· Fla.· 1992-04-02 ·cited 331×·via Retrospective Application
  Any decision of the Florida Supreme Court announcing a new rule of law, or applying an established rule to a new factual situation, must be given retrospective application in every case pending on direct review or not yet final, provided the defendant timely objected at trial. Po
• State Farm Mut. Auto. Ins. Co. v. Laforet
  658 So. 2d 55· Fla.· 1995-04-20 ·cited 272×
  The Florida Supreme Court held that section 627.727(10), enacted in 1992 to expand damages available in first-party bad faith insurance actions, cannot be applied retroactively to claims arising before its enactment despite the Legislature's characterization of it as remedial. Th
• Alamo Rent-A-Car, Inc. v. Mancusi
  632 So. 2d 1352· Fla.· 1994-01-06 ·cited 260×
  The Florida Supreme Court reviewed a malicious prosecution case arising from Mancusi's arrest for failure to return a rental car to Alamo. The Court held that the bona fide termination element requires jury determination when facts are disputed, clarified the burden of proof fram
• Northcross v. Bd. OF Educ. OF the Memphis City Schs.
  611 F.2d 624· 6th Cir.· 1979-11-23 ·cited 254×
  The court held that the trial court did not err in its fee award calculations or in denying compensation for certain services, but did err in awarding compensation for volunteered legal services.
• Martinez v. Scanlan
  582 So. 2d 1167· Fla.· 1991-06-06 ·cited 228×
  The Florida Supreme Court reviewed the trial court's declaration that chapter 90-201 (the Comprehensive Economic Development Act of 1990) was unconstitutional on single subject and separation of powers grounds. The Court upheld the single subject violation but reversed portions o
• Johnson v. State
  904 So. 2d 400· Fla.· 2005-04-28 ·cited 219×
  Terrell Johnson, a death row inmate, appealed the denial of his second successive postconviction motion, raising claims about withheld public records, the retroactivity of Ring v. Arizona, and the constitutionality of lethal injection. The Florida Supreme Court affirmed the trial
• Mosley v. State
  209 So. 3d 1248· Fla.· 2016-12-22 ·cited 199×
  John Mosley was convicted of murdering his girlfriend and infant son in April 2004 and sentenced to death for the child's murder and life imprisonment for the girlfriend's murder. The Florida Supreme Court affirmed his convictions and death sentence on direct appeal. In this post
• Dewberry v. Auto-Owners Ins. Co.
  363 So. 2d 1077· Fla.· 1978-09-07 ·cited 198×
  The Florida Supreme Court held that a 1976 statute prohibiting stacking of uninsured motorist coverage could not be applied retroactively to insurance contracts entered before the statute's effective date without violating the Florida Constitution's contract impairment clause. Ho
• Harvey v. Dugger
  656 So. 2d 1253· Fla.· 1995-02-23 ·cited 192×
  Harold Lee Harvey, Jr., a death row inmate, petitioned for habeas corpus and appealed the trial court's denial of his Rule 3.850 postconviction motion challenging his convictions for two first-degree murders. The Florida Supreme Court remanded for evidentiary hearings on several
• Millard McKINNEY v. Pate
  20 F.3d 1550· 11th Cir.· 1994-05-05 ·cited 186×
  The Eleventh Circuit held that a government employee with a state-created property interest in employment who alleges pretextual termination states only a procedural due process claim, not a substantive due process claim, under the Fourteenth Amendment. The court overruled ten ye
• Thayer v. State
  335 So. 2d 815· Fla.· 1976-07-21 ·cited 175×
  The Florida Supreme Court answered a certified question regarding whether Chapter 72-230 (raising the restaurant special license food revenue requirement from 30% to 51%) applied retroactively to licenses issued before its effective date. The Court held that the statute's prospec
• Ellis v. State
  622 So. 2d 991· Fla.· 1993-07-01 ·cited 164×
  Ralph Kermit Ellis was convicted of two first-degree murders and attempted murder of Black victims in 1978, crimes that went unsolved for eleven years until 1989 when a former classmate disclosed Ellis's alleged confessions. The Florida Supreme Court reversed the convictions and
• Ara Williams VanBIBBER v. Hartford Accident & Indem. Ins. Co.
  439 So. 2d 880· Fla.· 1983-10-13 ·cited 159×
  The Florida Supreme Court upheld the constitutionality of section 627.7262, which requires an injured third party to first obtain a judgment against an insured before suing the liability insurer directly. However, the Court held the statute applies only prospectively, not to caus
• Greene Cnty. Planning Bd. v. Fed. Power Comm'n.
  455 F.2d 412· 2d Cir.· 1972-01-17 ·cited 156×
  The court held that the Federal Power Commission violated NEPA by failing to prepare its own detailed environmental impact statement before holding hearings on the Gilboa-Leeds transmission line. However, the court declined to apply NEPA retroactively to previously licensed proje
• Green v. State
  839 So. 2d 748· Fla. 2d DCA· 2003-01-31 ·cited 153×
  The Second District Court of Appeal held that the Florida legislature cannot retroactively apply reenacted criminal statutes to the effective date of an earlier law that was struck down as violating the single subject requirement of the Florida Constitution. Cedric Green was sent
• Sims v. State
  754 So. 2d 657· Fla.· 2000-02-16 ·cited 151×
  Terry Melvin Sims, a death row inmate, appealed the trial court's denial of his third Rule 3.850 motion for postconviction relief, raising claims of newly discovered evidence of innocence, constitutional challenges to the retroactive application of Florida's new lethal injection
• Walker & LaBERGE, Inc. v. Halligan
  344 So. 2d 239· Fla.· 1977-03-17 ·cited 151×
  Walker & LaBerge, Inc. sought summary judgment claiming immunity from suit under Florida's Workers' Compensation Act for injuries to an employee of a co-subcontractor. The Florida Supreme Court reversed the trial court's denial of summary judgment, holding that the 1974 amendment
• Gulf Pines Mem'l Park, Inc. v. Oaklawn Mem'l Park, Inc.
  361 So. 2d 695· Fla.· 1978-05-25 ·cited 150×
  Gulf Pines challenged a circuit court's decision invalidating a cemetery licensing statute provision as an unconstitutional delegation of legislative authority. The Florida Supreme Court affirmed on narrower grounds, holding that the comptroller improperly applied the amended sta
• Morton L. Ginsberg & MLG Props., Inc. v. Lennar Fla. Holdings
  645 So. 2d 490· Fla. 3d DCA· 1994-10-05 ·cited 136×
  Ginsberg challenged a default judgment entered against him by Lennar, a mortgage holder, in a suit alleging conversion, waste, civil theft, and RICO violations. The court reversed the default judgment, holding that Lennar's amended complaint failed to state a cause of action beca
• Benyard v. Louie L. Wainwright
  322 So. 2d 473· Fla.· 1975-10-29 ·cited 133×
  Benyard sought mandamus relief to recalculate his release date, challenging the deferred application of parole revocation under previously established precedent. The Florida Supreme Court held that the Brumit principle prohibiting deferred parole revocation effective dates must a
• Melendez v. Dreis & Krump Mfg. Co.
  515 So. 2d 735· Fla.· 1987-10-15 ·cited 131×
  The legislative amendment abolishing the statute of repose in product liability actions does not operate retrospectively for causes of action that accrued before its effective date, and a prior Supreme Court decision overruling a prior ruling on the statute's constitutionality ap
• Gore v. Hozie Turner
  563 F.2d 159· 5th Cir.· 1977-11-17 ·cited 128×
  The court held that the district court correctly found racial discrimination in the Gore case but erred in denying attorney fees and certain damages, requiring remand. The court affirmed the district court's dismissal of the Hobbs case.
• Bitterman v. Anette Bitterman
  714 So. 2d 356· Fla.· 1998-03-26 ·cited 126×
  The Florida Supreme Court resolved a conflict between district courts regarding the retroactive application of 1993 amendments to Florida's probate code attorney's fee provisions. The court held that substantive rights to attorney's fees vest when representation begins, so new fe
• Pate v. Holman
  341 F.2d 764· 5th Cir.· 1965-02-16 ·cited 126×
  The court held that a prisoner is entitled to an evidentiary hearing to determine if indigency prevented him from obtaining appellate counsel after his trial attorney withdrew and he could not afford to hire another.
• Metro. Dade Cnty. v. Chase Fed. Hous. Corp.
  737 So. 2d 494· Fla.· 1999-06-10 ·cited 125×
  Metropolitan Dade County sought to recover cleanup costs expended before the Dry Cleaning Contamination Cleanup Act's enactment from property owners who later qualified for statutory immunity. The Florida Supreme Court held that the Act's immunity provisions apply retroactively t
• McKIBBEN v. Mallory
  293 So. 2d 48· Fla.· 1974-03-20 ·cited 125×
  The Florida Supreme Court held that the repeal of the old wrongful death act (Sections 768.01-768.03) by the new act (Chapter 72-35, effective July 1, 1972) did not terminate rights of action for wrongful deaths occurring before that date. The court determined that legislative in
• Edilberto Barrios-Cruz v. State
  63 So. 3d 868· Fla. 2d DCA· 2011-06-10 ·cited 123×
  Barrios-Cruz appeals the summary denial of post-conviction relief motions claiming ineffective assistance of counsel for failure to advise him of deportation consequences of his guilty pleas. The court holds that Padilla v. Kentucky does not apply retroactively to final convictio
• King v. Greenblatt
  560 F.2d 1024· 1st Cir.· 1977-08-15 ·cited 122×
  The Civil Rights Attorney's Fees Award Act of 1976 (Fees Act) supersedes prior standards for attorney's fees in civil rights cases, requiring application of the Johnson factors rather than the Criminal Justice Act rates.
• Waldrup v. Dugger
  562 So. 2d 687· Fla.· 1990-06-21 ·cited 119×
  Florida inmate Donald Waldrup challenges the retroactive application of 1983 gain-time statute amendments that reduce his potential release date by up to eighteen months. The Florida Supreme Court holds that the amendments violate the Ex Post Facto Clause when applied to inmates
• Jerrold Young v. Fern Altenhaus
  472 So. 2d 1152· Fla.· 1985-05-02 ·cited 119×
  The Florida Supreme Court held that section 768.56, which authorizes attorney's fee awards to prevailing parties in malpractice actions, cannot be applied retroactively to causes of action that accrued before the statute's July 1, 1980 effective date, even if the action was filed
• Pomponio v. The Claridge OF Pompano Condo., Inc.
  378 So. 2d 774· Fla.· 1979-11-15 ·cited 118×
  The Florida Supreme Court held that Florida Statutes § 718.401(4), which requires unit owners to deposit condominium lease rents into court during litigation, unconstitutionally impairs the lessors' contractual obligations in violation of the contract clause. The Court adopted th
• Fleeman v. Clark Case
  342 So. 2d 815· Fla.· 1976-12-22 ·cited 118×
  The Florida Supreme Court consolidated three appeals challenging the constitutionality of Section 711.231, a statute prohibiting escalation clauses in condominium leases and management contracts. The Court held that the statute applies only prospectively, not to pre-existing cont
• Darion Northrup Castle v. State
  330 So. 2d 10· Fla.· 1976-03-17 ·cited 118×
  The Florida Supreme Court upheld the constitutionality of Section 775.12, which prohibits application of reduced maximum sentences to crimes committed under prior law. The court affirmed the Fourth District's decision that a defendant sentenced to ten years under the 1969 statute
• Brown v. Gaston Cnty. Dyeing Mach. Co.
  457 F.2d 1377· 4th Cir.· 1972-03-28 ·cited 116×
  The court held that while the individual plaintiff's Title VII claim was properly dismissed, the class action for racial discrimination should not have been dismissed and is remanded for further proceedings. The court also affirmed the § 1981 claim for back pay for the period bef
• Cuneo v. Rumsfeld
  553 F.2d 1360· D.C. Cir.· 1977-03-24 ·cited 114×
  The court held that the Freedom of Information Act's attorney fee provision (5 U.S.C. § 552(a)(4)(E)) applies to actions filed before its effective date but terminated after, and that an attorney appearing pro se may be awarded fees.
• City OF Lakeland v. Catinella
  129 So. 2d 133· Fla.· 1961-04-28 ·cited 113×·via Retrospective Operation Of Statutes
  Bituminous Casualty Corporation appeals a Florida Industrial Commission order requiring it to share liability with Hartford Accident & Indemnity Company for a claimant's medical and compensation benefits following a second work injury. The court affirms the commission's jurisdict
• State v. Yost
  507 So. 2d 1099· Fla.· 1987-05-07 ·cited 112×
  The Florida Supreme Court held that the penalty provisions of section 27.3455, Florida Statutes (1985), which denied gain-time accrual and imposed community service for failure to pay court costs, violated the ex post facto clause when retroactively applied to crimes committed be
• Niagara Mohawk Power Corp. v. Fed. Power Comm'n
  379 F.2d 153· D.C. Cir.· 1967-05-18 ·cited 112×
  The Federal Power Commission has statutory authority to assign an effective date earlier than the license issuance date for projects operated without a license, as a reasonable exercise of its implied powers.
• Kayle Barrington Bates v. State
  750 So. 2d 6· Fla.· 1999-10-07 ·cited 107×
  Kayle Bates appeals his death sentence for the 1982 murder of Janet Renee White following resentencing. The Florida Supreme Court affirms the death sentence, rejecting arguments that the trial court erred in refusing to instruct the jury on life without parole, excluding certain
• Selene Weise v. Syracuse Univ.
  522 F.2d 397· 2d Cir.· 1975-07-14 ·cited 107×
  The court held that the district court erred in dismissing claims under 42 U.S.C. § 1983 and § 1985(3) without a hearing on state action and conspiracy allegations, and that Title VII claims were improperly dismissed as untimely. The court reversed and remanded for further procee
• State v. Glenn
  558 So. 2d 4· Fla.· 1990-02-15 ·cited 102×
  The Florida Supreme Court held that a defendant whose convictions became final before a change in law cannot obtain postconviction relief based on that subsequent change in decisional law, even if the change would have prohibited his multiple convictions. The Court distinguished
• Arlington Coal. ON Transp. v. Volpe
  458 F.2d 1323· 4th Cir.· 1972-04-04 ·cited 102×
  The court held that the National Environmental Policy Act (NEPA) and the Federal-Aid Highway Act require federal agencies to prepare and consider environmental impact statements and explore alternatives before proceeding with highway construction that affects parklands, even for
• Smiley v. State
  966 So. 2d 330· Fla.· 2007-06-07 ·cited 100×·via Statutory Retroactivity
  The Florida Supreme Court held that section 776.013 (the "Stand Your Ground" law), which eliminated the duty to retreat in self-defense cases, does not apply retroactively to cases pending before its October 1, 2005 effective date. The court determined that the statute constitute
• Menendez v. Progressive Express Ins. Co., Inc.
  35 So. 3d 873· Fla.· 2010-04-22 ·cited 99×
  The Florida Supreme Court held that a 2001 statutory amendment imposing pre-suit notice requirements for personal injury protection (PIP) insurance claims cannot be applied retroactively to insurance policies issued before the amendment's effective date. The Court reversed the Th
• Beal Bank v. Almand & Assocs.
  780 So. 2d 45· Fla.· 2001-03-01 ·cited 97×
  The Florida Supreme Court held that a rebuttable presumption arises that joint bank accounts titled in the names of both spouses are held as tenancies by the entireties, protecting such accounts from garnishment by a creditor of only one spouse, unless the signature card expressl
• Davidson Joel James v. State
  615 So. 2d 668· Fla.· 1993-03-04 ·cited 97×
  A defendant who objects at trial to the constitutionality of the jury instruction on the heinous, atrocious, or cruel aggravator and pursues that objection on appeal is entitled to retroactive application of Espinosa v. Florida, which declared that instruction inadequate, and mus