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

• Nat'l Treas. Emps. Union v. Campbell
  589 F.2d 669· D.C. Cir.· 1978-11-14 ·cited 22×·via Retroactivity Of Statutory Amendments
  The court held that the district court erred in dismissing claims for lack of jurisdiction and that the Federal Employees Health Benefits Act, specifically 5 U.S.C. § 8912, provides jurisdiction for suits challenging rates negotiated under the Act. It also held that summary judgm
• United States v. Pasquale Matassini
  565 F.2d 1297· 5th Cir.· 1978-01-10 ·cited 22×·via Retrospective Operation Of Statutes
  A full and complete state pardon granted prior to the enactment of the Omnibus Crime Control and Safe Streets Act of 1968 exempts recipients from criminal liability under 18 U.S.C. §§ 922(h) and 1202(a)(1), even if the pardon does not contain specific language authorizing firearm
• Alphin v. Henson
  552 F.2d 1033· 4th Cir.· 1977-02-22 ·cited 22×
  The majority held that the case was not final and should apply the new law, while the dissent argued the case was final before the new law took effect.
• State Ins. Fund & Guardino & Sons v. Pesce
  548 F.2d 1112· 2d Cir.· 1977-02-03 ·cited 22×
  The court held that the 1972 amendment to the Longshoremen's and Harbor Workers' Compensation Act, which provides death benefits for employees who die from causes unrelated to their injury, applies to deaths occurring after the amendment, even if the compensable injury occurred p
• Panior v. The Iberville Parish Sch. Bd.
  543 F.2d 1117· 5th Cir.· 1976-12-13 ·cited 22×
  The court held that the district judge abused discretion by awarding an insufficient amount of attorneys' fees, and remanded for a new determination.
• King v. Wyrick
  516 F.2d 321· 8th Cir.· 1975-05-21 ·cited 22×
  The court held that denying jail time credit to an indigent prisoner on a murder sentence, when the sentencing judge explicitly stated no credit would be given, deprives the prisoner of equal protection under the law.
• Barton v. The Keyes Co.
  305 So. 2d 269· Fla. 3d DCA· 1974-12-31 ·cited 22×
  The court reversed the trial judge's denial of a motion to dismiss by non-resident defendants, holding that Florida's new service of process statutes (effective July 1, 1973) could not be applied retroactively to a cause of action that accrued before their effective date.
• Sanford Ratner v. Willa Mae Hensley
  303 So. 2d 41· Fla. 3d DCA· 1974-11-12 ·cited 22×
  Ratner appeals a summary judgment entered in favor of Hensley on a South Carolina foreign judgment for product liability damages. The court reversed the summary judgment, holding that genuine issues of material fact exist regarding whether the South Carolina court had jurisdictio
• Am. Timber & Trading Co. v. First Nat'l Bank OF Or.
  511 F.2d 980· 9th Cir.· 1973-11-20 ·cited 22×
• Russo v. State
  270 So. 2d 428· Fla. 4th DCA· 1972-12-19 ·cited 22×
  Frank Russo was convicted of aggravated assault, but this court reversed and remanded for a new trial because his arrest under an unconstitutional city vagrancy ordinance was unlawful, and evidence obtained from that arrest (fingerprints and statements) should have been suppresse
• Ragland v. Mueller
  460 F.2d 1196· 5th Cir.· 1972-05-31 ·cited 22×
  The National Environmental Policy Act of 1969 cannot be applied retroactively to halt construction of a highway project that was substantially completed when the Act became effective.
• Bannister v. United States
  446 F.2d 1250· 3d Cir.· 1971-07-07 ·cited 22×·via Retrospective Application
  The court held that a voluntary guilty plea, entered with comprehension of then-existing circumstances, is generally invulnerable to collateral attack, even on constitutional grounds.
• Hyman Yaffee v. Int'l Co., Inc.
  80 So. 2d 910· Fla.· 1955-06-01 ·cited 22×·via Retrospective Operation Of Statutes
  The Florida Supreme Court affirmed a declaratory decree that allowed a corporation to assert the defense of usury on a loan made prior to the repeal of a statute barring such defenses for corporations, finding the repeal statute could be applied retrospectively.
• Untersinger v. United States
  181 F.2d 953· 2d Cir.· 1950-05-03 ·cited 22×
  The court held that an appeal in admiralty vacates the lower court's decree, allowing the application of a subsequently amended statute to permit transfer of the suit.
• Blanchard Mach. Co. v. Reconstr. Fin. Corp. Price Adjustment Bd.
  177 F.2d 727· D.C. Cir.· 1949-10-17 ·cited 22×
  The court held that the renegotiation of petitioner's war contracts was timely commenced, the relevant amendment applied retroactively, and this application was constitutional. The Tax Court's decision was affirmed.
• Valdes v. State
  320 So. 3d 235· Fla. 3d DCA· 2021-04-14 ·cited 21×·via Retroactivity Of Statutory Amendments
  A trial court's error in applying the incorrect burden of proof at a pretrial Stand Your Ground hearing is harmless beyond a reasonable doubt when the defendant is subsequently convicted at trial by jury verdict, because the state's trial burden of proving guilt beyond a reasonab
• Kadeem Quaishawn Hart v. State
  255 So. 3d 921· Fla. 1st DCA· 2018-06-04 ·cited 21×·via Retroactive Application Of Sentencing Statutes
  Hart is not entitled to resentencing under the new juvenile sentencing laws because he was never resentenced pursuant to Graham; his original life sentences were vacated on improper joinder grounds, not Graham grounds. Hart's fifty-year aggregate sentence does not violate Graham
• Promontory Enters., Inc. v. S. Eng'g & Contracting, Inc.
  864 So. 2d 479· Fla. 5th DCA· 2004-01-02 ·cited 21×
  Promontory Enterprises appealed the denial of its motion to stay arbitration with Southern Engineering, arguing that Southern's construction contract was unenforceable because Southern lacked a contractor's license when the contract was executed. The court held that the 2003 amen
• Curley Braggs v. State
  815 So. 2d 657· Fla. 3d DCA· 2002-02-13 ·cited 21×
  The court addressed whether a 2001 Florida statute (Chapter 2001-58) legislatively overruled the Florida Supreme Court's decision in Delgado v. State, which had reinterpreted the burglary statute. The court held that a legislative statement of intent cannot overturn a Supreme Cou
• Klayman v. State
  765 So. 2d 784· Fla. 4th DCA· 2000-07-26 ·cited 21×
  David Klayman appealed the denial of his post-conviction relief motion, arguing that the Florida Supreme Court's recent Hayes v. State decision—which limited the drug trafficking statute's application to hydrocodone—should be retroactively applied to his conviction. The Fourth Di
• Wright v. State
  711 So. 2d 66· Fla. 3d DCA· 1998-04-01 ·cited 21×
  John Angus Wright sought collateral relief from a 1973 conviction and sentence for unlawful sale of narcotics, claiming either that the sentencing document erroneously reflected three counts when he pled guilty to one, or alternatively that a single sentence imposed for three con
• Town OF Jupiter & McCreary Corp. v. Andreff
  656 So. 2d 1374· Fla. 1st DCA· 1995-07-13 ·cited 21×
  This workers' compensation appeal addresses whether a judge of compensation claims properly invoked section 440.25(4)(h) to order emergency medical procedures and surgery without written notice. The court held that while the statute is procedural and constitutional, the employer/
• Rush v. McDONALD'S Corp.
  966 F.2d 1104· 7th Cir.· 1992-06-29 ·cited 21×
  The court held that a plaintiff's claims must be reasonably related to the allegations in the EEOC charge, and that stray remarks of racial bias are insufficient to prove pretext for discrimination without more.
• Terners OF Miami Corp. & Atlas Gen. v. Freshwater
  599 So. 2d 674· Fla. 1st DCA· 1992-05-05 ·cited 21×
  In this workers' compensation appeal, the court reversed the judge of compensation claims' decision regarding payment owed to Dr. Freshwater for treating a claimant, holding that the judge lacked jurisdiction because a 1990 statutory amendment transferred such reimbursement dispu
• City OF Winter Haven v. Allen
  541 So. 2d 128· Fla. 2d DCA· 1989-03-17 ·cited 21×·via Retroactive Legislation
  The City of Winter Haven appeals a $600,000 wrongful death judgment arising from a shooting incident during a drug raid in which a Winter Haven police officer (Clouse) shot Deputy Waymon Allen. The appellate court upholds the city's insurable liability but reverses and remands fo
• Dep't OF Revenue of the State of Fla. v. Anderson
  389 So. 2d 1034· Fla. 1st DCA· 1980-09-25 ·cited 21×·via Retrospective Application
  The Florida Department of Revenue appeals a trial court's judgment enjoining collection of admissions taxes on deep-sea fishing boat customers for the period August 1, 1970 to February 6, 1972. The court affirms, finding that the Department is estopped from collecting these taxes
• Horn v. Burns AND ROE
  536 F.2d 251· 8th Cir.· 1976-06-04 ·cited 21×
  The court held that the Nebraska statute of limitations for professional negligence is not unconstitutionally vague and was properly applied to dismiss the plaintiff's claim.
• Heilmann v. State
  310 So. 2d 376· Fla. 2d DCA· 1975-04-02 ·cited 21×
  Heilmann sought credit for time served in county jail under a new statute that amended Florida law to require such credit, but filed his motion over a year after sentencing without taking a direct appeal. The court held that procedural changes apply prospectively to pending cases
• Indem. Ins. Co. of N. Am. v. The Brooks-Fisher Insulating Co.
  140 So. 2d 613· Fla. 2d DCA· 1962-04-18 ·cited 21×
  The court held that the one-year statute of limitations added to Fla. Stat. § 255.05 should not be applied retroactively to bar the plaintiff's claim.
• Garcia v. State
  854 So. 2d 758· Fla. 2d DCA· 2003-09-03 ·cited 20×
  Jorge Garcia appeals his conviction for possession of methamphetamine found in his truck during a traffic stop. The court affirmed the conviction, holding that the evidence of exclusive possession supported the jury's verdict and that the trial court's failure to give a guilty kn
• The Env't Tr. & Sarasota Env't Invs., Inc. v. State
  714 So. 2d 493· Fla. 1st DCA· 1998-06-03 ·cited 20×
  The Environmental Trust and other investment companies challenged the Florida Department of Environmental Protection's denial of reimbursement applications for petroleum site cleanup costs, including factoring discounts and contractor markups. The court affirmed the denial of rei
• Bond v. State
  675 So. 2d 184· Fla. 5th DCA· 1996-05-24 ·cited 20×
  Carl Bond appealed his resentencing as a habitual offender for two counts of lewd acts with a child, challenging both the trial court's deviation from a prior appellate directive and the applicability of an amended habitual offender statute. The court affirmed the sentence on cou
• State v. Murray
  644 So. 2d 533· Fla. 4th DCA· 1994-09-28 ·cited 20×
  The Double Jeopardy Clause does not bar prosecution for DUI after a guilty plea to a traffic infraction, nor does it bar prosecution after a driver's license suspension for administrative purposes. New Supreme Court rulings apply retroactively to cases on direct appeal.
• Morales v. State
  613 So. 2d 922· Fla. 3d DCA· 1993-01-19 ·cited 20×
  Leonardo Morales appealed his departure sentence imposed in 1986. The Florida Supreme Court's decision in Ree v. State created confusion about retroactive application, leading to multiple appeals and reversals. The Third District Court ultimately reversed and remanded for resente
• State v. Burton
  555 So. 2d 1210· Fla.· 1989-12-07 ·cited 20×
  The Florida Supreme Court held that a defendant cannot be convicted of both delivery and possession with intent to sell of the same cocaine based on a pre-July 1, 1988 incident, because the statutory amendment allowing separate convictions for these offenses does not apply retroa
• Devine v. NEW Mexico Dep't OF Corr.
  866 F.2d 339· 10th Cir.· 1989-01-24 ·cited 20×
  The court held that the New Mexico Supreme Court's unforeseeable interpretation of parole statutes, which retroactively enhanced the petitioner's punishment by extending his mandatory parole eligibility period, violated the Due Process Clause of the Fourteenth Amendment.
• In re Erickson P'ship v. Erickson P'ship
  856 F.2d 1068· 8th Cir.· 1988-09-07 ·cited 20×
  The court held that a Chapter 11 bankruptcy case pending before the effective date of the Bankruptcy Judges, United States Trustees and Family Farmer Bankruptcy Act of 1986 cannot be converted to a Chapter 12 proceeding, despite contrary indications in the legislative history.
• Beneficial Standard Life Ins. Co. v. Madariaga
  851 F.2d 271· 9th Cir.· 1988-07-06 ·cited 20×
  The court held that summary judgment was improperly granted on the statute of limitations issue because a genuine dispute of material fact existed regarding when the plaintiff knew or should have known of the fraud, but affirmed the summary judgment on the issue of intent to defr
• Coleman v. Risley
  839 F.2d 434· 9th Cir.· 1988-01-19 ·cited 20×
  The court held that resentencing under a new death penalty statute did not violate the ex post facto clause because the changes were procedural and ameliorative, and the review process did not substantively disadvantage the defendant.
• Lane v. Koehring Co.
  503 So. 2d 364· Fla. 3d DCA· 1987-02-10 ·cited 20×
• Ralston Purina Co. & Aetna Life & Cas. Co. v. Byers
  457 So. 2d 1138· Fla. 1st DCA· 1984-10-18 ·cited 20×
  The court held that the 1983 amendment to Section 440.15(3)(b)4, Florida Statutes, is a substantive change and cannot be applied retroactively to accidents occurring before its effective date.
• United States Fid. & Guar. Co. v. Dep't OF Ins. of the State of Fla. & Bill Gunter
  453 So. 2d 1355· Fla.· 1984-07-05 ·cited 20×
  The Florida Supreme Court upheld the constitutionality of the automobile insurance excess profits law (section 627.066), which authorized the Department of Insurance to order insurers to refund profits exceeding five percent of anticipated underwriting profit. The court rejected
• Fenton L. Gilbert v. Gilbert
  447 So. 2d 299· Fla. 2d DCA· 1984-01-27 ·cited 20×
  In this first-of-its-kind Florida case, the court held that a spendthrift trust may be garnished to collect unpaid alimony arrearages despite explicit spendthrift language protecting the beneficiary's interests from creditor claims. The court balanced the traditional rule favorin
• Cove Club Invs., Ltd. v. Sandalfoot S. ONE, Inc.
  438 So. 2d 354· Fla.· 1983-06-16 ·cited 20×
  The Florida Supreme Court reversed the Fourth District Court of Appeal's decision that escalation clauses in recreational facility agreements were void under section 718.401(8). The Court held that the lessor/owner of recreational facilities, who did not sign the condominium decl
• Crowley v. Shultz
  704 F.2d 1269· D.C. Cir.· 1983-04-12 ·cited 20×
  The court held that the Savings Clause of the Civil Service Reform Act of 1978 limits the retroactive application of attorneys' fees provisions to proceedings commenced before its passage, thus precluding fees for suits filed prior to enactment.
• Gautreaux v. The Chicago Hous. Auth.
  690 F.2d 601· 7th Cir.· 1982-08-30 ·cited 20×
  The dissenting judge believes the district court's award of attorneys' fees for work performed before the effective date of 42 U.S.C. § 1988 was excessive and beyond Congressional intent.
• State OF NEW Jersey v. Hufstedler
  662 F.2d 208· 3d Cir.· 1981-10-13 ·cited 20×
  The Court held that the Department of Education lacked the statutory authority to administratively order the repayment of Title I funds that were determined to have been misapplied or misspent by the states. The Court found that neither Section 185 nor Section 415 of the General
• United States Fid. & Guar. Co. v. Waln
  395 So. 2d 1211· Fla. 4th DCA· 1981-03-18 ·cited 20×·via Retroactivity Of Statutory Amendments
  This case addresses two statutory interpretation questions under Florida's Uninsured Motorist coverage statute: whether a policy remains a 'renewal' when automobiles are substituted, and whether future workers' compensation benefits can be offset against uninsured motorist covera
• Pension Benefit Guar. Corp. v. Ouimet Corp.
  630 F.2d 4· 1st Cir.· 1980-08-29 ·cited 20×
  Where a controlled group of corporations also meets the definition of businesses under common control, ERISA's common control definition makes the group a single employer for liability purposes.
• Hans Jensen v. Gulf OIL Ref. & Mktg. Co. & Gulf Oil Corp.
  623 F.2d 406· 5th Cir.· 1980-08-08 ·cited 20×
  The 1978 amendment to the ADEA does not apply retroactively to involuntary retirements occurring before its enactment, and the employer's action was lawful under the unamended ADEA.