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

• Smart v. Porter Paint Co.
  630 F.2d 490· 7th Cir.· 1980-08-07 ·cited 20×·via Retroactivity Of Statutory Amendments
  The court held that the employer's motion for summary judgment was improperly granted because the employer failed to provide evidence of the purpose behind the post-ADEA amendment to its retirement plan, which is required to demonstrate the plan was not a subterfuge.
• Bradley v. State
  385 So. 2d 1122· Fla. 1st DCA· 1980-06-25 ·cited 20×
  The court held that the amended petition was properly filed and that applying the Youthful Offender Act would be an impermissible retroactive application.
• Alyeska Pipeline Serv. Co. v. The United States
  624 F.2d 1005· Ct. Cl.· 1980-06-18 ·cited 20×
  The court held that the Independent Offices Appropriation Act governed the matter, requiring regulations for reimbursement which were not issued.
• Vogel v. State
  365 So. 2d 1079· Fla. 1st DCA· 1979-01-09 ·cited 20×·via Retrospective Application
  The court held that a conviction for a non-existent crime constitutes fundamental error, allowing for retrospective application of a Supreme Court ruling that abolished the crime.
• Seitz v. Duval Cnty. Sch. Bd.
  366 So. 2d 119· Fla. 1st DCA· 1979-01-04 ·cited 20×
  Barbara Seitz appeals a PERC order denying her back pay and reinstatement after her dismissal from the School Board, while the School Board cross-appeals PERC's finding that denying union representation at a principal's conference was an unfair labor practice. The court affirms t
• Henry v. Clarksdale Mun. Separate Sch. Dist.
  579 F.2d 916· 5th Cir.· 1978-09-07 ·cited 20×
  The court held that the Education Amendments Act of 1972 does not apply retroactively to allow attorneys' fees for services rendered before its enactment when no active issues were pending in the litigation at that time.
• United States v. Palladino
  490 F.2d 499· 1st Cir.· 1974-01-07 ·cited 20×
  The dissenting judge believes the court should apply the obscenity definition in effect at the time of publication, not a later one, and disagrees with the use of national standards.
• First Nat'l Bank IN Dallas v. The United States
  420 F.2d 725· Ct. Cl.· 1970-01-23 ·cited 20×·via Retroactive Tax Legislation
  The court held that the Interest Equalization Tax Act of 1964, as retroactively applied to the plaintiffs' purchases of Canadian stocks, is constitutional and does not violate the Fifth Amendment's due process clause or the constitutional requirement for apportionment of direct t
• Juelich v. United States
  403 F.2d 523· 5th Cir.· 1968-11-15 ·cited 20×
  The court held that the district court did not err in denying a further evidentiary hearing on the appellant's successive motion to vacate his judgment and sentence.
• In re Est. of Kate Jeffcott v. Starnes
  186 So. 2d 80· Fla. 2d DCA· 1966-04-27 ·cited 20×
  Cash bequests in a will are general, not demonstrative, when the fund designated for payment is not specifically described and serves general estate purposes. A statute will not be retroactively applied to an estate without nonprobate assets if legislative intent is uncertain.
• Hasse v. Am. Photograph Corp.
  299 F.2d 666· 10th Cir.· 1962-01-26 ·cited 20×
  The court held that service of process under the amended Oklahoma non-resident motorist statute was insufficient to establish personal jurisdiction over the appellant administrator because the amendment was not retroactive, and the appellant's filing of a compulsory cross-complai
• S. Ry. Co. v. Miller
  285 F.2d 202· 6th Cir.· 1960-12-10 ·cited 20×
  The court held that the 1959 amendment to the Tennessee Railroad Precautions Act did not apply retroactively to accidents that occurred before its effective date, and that the trial court did not abuse its discretion on other grounds raised by the appellant.
• Rock Drilling v. Mason & Hanger Co., Inc.
  217 F.2d 687· 2d Cir.· 1954-12-06 ·cited 20×
  The court held that Section 301(b) of the Taft-Hartley Act is a capacity statute and does not grant labor unions the substantive right to sue for individual employees' tort claims, nor can such claims be aggregated to meet the diversity jurisdiction amount.
• Gonzales v. Barber
  207 F.2d 398· 9th Cir.· 1953-09-15 ·cited 20×
  A Filipino national who lawfully entered the United States before Philippine independence did not make an 'entry' as defined by immigration law, and thus cannot be deported for crimes committed after that initial arrival.
• Ring Const. Corp. v. Secretary of War of United States
  178 F.2d 714· D.C. Cir.· 1949-11-07 ·cited 20×
  The Renegotiation Act can be constitutionally applied retroactively to war contracts made directly with the United States, provided final payment had not been made before the Act's enactment.
• Chickering v. Commissioner of Internal Revenue
  118 F.2d 254· 1st Cir.· 1941-03-13 ·cited 20×
  The court held that the decedent's retained power to alter the distribution of trust income and corpus, even if created before the enactment of the relevant statute, made the trust corpus includable in her gross estate for tax purposes.
• United States v. Ambert
  561 F.3d 1202· 11th Cir.· 2009-03-06 ·cited 19×
  Gene Felix Ambert, a sex offender convicted in 1975, was charged under the Sex Offender Registration and Notification Act (SORNA) for failing to register in Florida after moving from California and traveling in interstate commerce in July 2007. The Eleventh Circuit affirmed his c
• Mem'l Hospital-West Volusia, Inc. v. News-Journal Corp.
  784 So. 2d 438· Fla.· 2001-04-26 ·cited 19×
  The Florida Supreme Court answered a certified question of great public importance by holding that section 395.3036, which exempts records and meetings of private corporations leasing public hospitals from disclosure, does not apply retroactively to records and meetings created o
• Schwertfager v. City of Boynton Beach
  42 F. Supp. 2d 1347· S.D. Fla.· 1999-03-25 ·cited 19×
  The court held that the plaintiff failed to establish a prima facie case of disability discrimination under the ADA, and therefore summary judgment for the defendant was appropriate.
• Fontaine Davis v. City & Cnty. of SAN Francisco
  976 F.2d 1536· 9th Cir.· 1992-10-06 ·cited 19×
  The court affirmed the district court's award of attorneys' fees and costs, but remanded for recalculation of the lodestar to exclude time spent by law clerks on unrelated claims and to disallow public relations work not directly contributing to litigation goals. The court also a
• Three Valleys Mun. Water Dist. v. E.F. Hutton & Co., Inc.
  925 F.2d 1136· 9th Cir.· 1991-02-05 ·cited 19×
  Disputes concerning the "making" of a contract, including whether a contract was formed at all, are to be decided by an arbitrator, not a district court, unless the arbitration clause itself is specifically challenged.
• Slappy v. State
  516 So. 2d 342· Fla. 1st DCA· 1987-12-15 ·cited 19×
  The court held that the retrospective application of a revised sentencing guideline rule, as reflected in a Committee Note, violated the ex post facto clause.
• McSURELY v. Hutchison
  823 F.2d 1002· 6th Cir.· 1987-07-24 ·cited 19×
  The court held that the one-year Kentucky statute of limitations for personal injury actions, as applied retroactively under Wilson v. Garcia, bars the plaintiff's Bivens claim.
• Xanadu OF Cocoa Beach, Inc. v. Lenz
  504 So. 2d 518· Fla. 5th DCA· 1987-03-26 ·cited 19×
  Xanadu of Cocoa Beach appeals a judgment denying its rent claim and awarding the tenant Lenz attorney's fees and costs under Florida Statute § 83.48. The court affirms the judgment, holding that the 1983 statute providing for attorney's fees as court costs in rental disputes appl
• ST. John's Vill. I, Ltd. v. Dep't of State
  497 So. 2d 990· Fla. 5th DCA· 1986-11-20 ·cited 19×·via Statutory Retroactivity
  This case addresses whether a 1984 amendment to Florida's limited partnership statute imposing $500 annual fines for transacting business without authority has retroactive effect. The court held that the amendment applies prospectively only, not to years prior to its effective da
• In re Koerner v. Colonial Bank
  800 F.2d 1358· 5th Cir.· 1986-09-24 ·cited 19×·via Retroactive Legislation
  The court held that the district court's order rejecting the constitutional challenge to the 1984 Act was not a final order and thus not immediately appealable, but the subsequent appeal from the dismissal of the bankruptcy appeal was properly before the court. The court affirmed
• Am. Pac. Concrete Pipe Co., Inc. v. Nat'l Labor Relations Bd.
  788 F.2d 586· 9th Cir.· 1986-04-25 ·cited 19×
  The court held that the Equal Access to Justice Act's net worth calculation must follow generally accepted accounting principles, including deductions for depreciation, and that the 1985 amendment's increased ceiling does not apply to cases where the underlying merits were resolv
• Ulloa v. State
  486 So. 2d 1373· Fla. 3d DCA· 1986-04-15 ·cited 19×
  Michael Ulloa, convicted of second-degree murder in 1982 and having his conviction affirmed on direct appeal in 1983, sought post-conviction relief under Florida Rule of Criminal Procedure 3.850, arguing that the trial court's allowing the jury to separate for a weekend during de
• Lerner v. Gill
  751 F.2d 450· 1st Cir.· 1985-01-04 ·cited 19×
  The court held that the Rhode Island Supreme Court's construction of the parole eligibility statute was not an ex post facto law and its application did not violate due process, as it was not more onerous than the law at the time of the crime.
• Dep't OF Ins. v. Teachers Ins. Co.
  404 So. 2d 735· Fla.· 1981-07-23 ·cited 19×
  The Supreme Court reversed the trial court's judgment, dissolving the injunction and allowing the department to proceed with ordering the return of excess profits. The Court held that while calendar/accident year 1977 profits could not be included in the calculation if it deprive
• United States v. Bonnell
  180 F.2d 145· 9th Cir.· 1950-02-01 ·cited 19×
  The court held that the Renegotiation Act could be constitutionally applied retroactively to prime war contracts, and that the trial court had discretion in determining the interest rate awarded to the Government.
• City of St. Petersburg v. English
  54 Fla. 585· Fla.· 1907-06-01 ·cited 19×
  The Florida Supreme Court upheld Chapter 5848 of the 1907 Florida laws, which amended St. Petersburg's charter to require voter ratification before the city could issue or sell bonds. The court rejected the city's constitutional challenges and held that the statute effectively pr
• Catalano v. State
  Fla. 2d DCA· 2018-07-18 ·cited 18×·via Retroactivity Of Statutory Amendments
  The 2017 amendment to Florida's Stand Your Ground law applies retroactively to cases pending when the amendment was enacted, requiring a new immunity hearing under the amended burden of proof.
• Smith v. State
  85 So. 3d 551· Fla. 4th DCA· 2012-04-11 ·cited 18×
  Steve Smith appealed the trial court's denial of his postconviction motion challenging his 1986 drug conviction, claiming lack of deportation advisement by his counsel constituted ineffective assistance. The appellate court affirmed the denial on three independent grounds: timeli
• Boardman v. State
  69 So. 3d 367· Fla. 2d DCA· 2011-09-09 ·cited 18×
  The court held that the defendant is not entitled to relief under Apprendi or Blakely because his sentences did not exceed the statutory maximum and were final before Blakely was decided.
• Ramcharitar v. Erzulie Derosins & Sky Chefs, Inc.
  35 So. 3d 94· Fla. 3d DCA· 2010-05-12 ·cited 18×
  Richard Ramcharitar, an American Airlines flight operations manager, was struck by a Sky Chefs vehicle while directing aircraft at Miami International Airport. Sky Chefs and its employee Derosins sought summary judgment based on workers' compensation immunity. The court reversed,
• State v. Smiley
  927 So. 2d 1000· Fla. 4th DCA· 2006-04-12 ·cited 18×
  Florida's Fourth District Court of Appeal held that section 776.013, which expanded self-defense rights by eliminating the common-law duty to retreat, cannot be applied retroactively to crimes committed before the statute's October 1, 2005 effective date. The court quashed the tr
• Lakeland Reg'l Med. Ctr., Inc. v. State
  917 So. 2d 1024· Fla. 1st DCA· 2006-01-06 ·cited 18×
  Lakeland Regional Medical Center challenged 2004 Florida statutory amendments that created a new licensure scheme for adult interventional cardiology services and granted Winter Haven Hospital a license to perform open heart surgery through a grandfather clause. The court affirme
• Damien Frye v. State
  885 So. 2d 419· Fla. 1st DCA· 2004-10-18 ·cited 18×
  The court held that the retroactive application of an amended statute to charges filed after the probationary period ended violates ex post facto principles.
• Mivan (Florida), Inc. v. Metric Constructors, Inc.
  857 So. 2d 901· Fla. 5th DCA· 2003-08-29 ·cited 18×·via Retroactivity Of Statutory Amendments
  Mivan appeals summary judgment in favor of Metric Constructors on Metric's defense that Mivan lacked a valid contractor's license under Florida law. The court reversed, finding genuine issues of material fact regarding whether Mivan obtained and maintained proper licensing and wh
• State v. Salim Youssef Shamy
  759 So. 2d 728· Fla. 4th DCA· 2000-05-24 ·cited 18×
  The court affirmed the dismissal of a grand theft charge against Shamy, finding that the eight-year delay in executing the capias after the information was filed was unreasonable and thus barred by the statute of limitations.
• Rustic Lodge & Associated Indus. Ins. Co., Inc. v. Escobar
  729 So. 2d 1014· Fla. 1st DCA· 1999-04-16 ·cited 18×
  The Florida District Court of Appeal affirmed that section 440.09(4), which bars workers' compensation benefits upon proof of fraud, is substantive legislation and cannot be retroactively applied to an employee whose injury predated the statute's enactment. The court held that th
• State v. Vazquez
  718 So. 2d 755· Fla.· 1998-08-27 ·cited 18×
• Echols v. State
  660 So. 2d 782· Fla. 4th DCA· 1995-09-20 ·cited 18×
  William Echols appealed his sentence imposed after revocation of community control for 1988 sexual offenses. The Fourth District Court of Appeal affirmed the revocation but reversed and remanded the sentence, finding multiple sentencing errors including improper victim-injury poi
• Griffith v. State
  654 So. 2d 936· Fla. 4th DCA· 1995-02-23 ·cited 18×
  Charges for offenses committed as a child must initially be brought in juvenile court, and sentencing must consider juvenile criteria, even if the defendant is an adult at the time of trial.
• Simmons v. A.L. Lockhart
  931 F.2d 1226· 8th Cir.· 1991-04-19 ·cited 18×
  The court held that the Anti-Drug Abuse Act of 1988's attorneys' fee provisions do not apply retroactively, and that reimbursement for law clerks and paralegals is granted, while reimbursement for other lawyers is granted based on reasonableness.
• United States v. Chalker
  915 F.2d 1254· 9th Cir.· 1990-09-26 ·cited 18×
  The court held that the district court has concurrent authority with the Attorney General to grant credit for time served in a residential drug treatment program prior to sentencing.
• A.G. Edwards & Sons, Inc. v. Davis
  559 So. 2d 235· Fla. 2d DCA· 1990-02-23 ·cited 18×
  The court held that while the statute authorizing attorney's fees is constitutional and applicable, the trial court erred in calculating the fee award by exceeding the percentage stipulated in the client's contingency fee agreement.
• Hays & Co. for Monge Oil Corp. v. Merrill Lynch
  885 F.2d 1149· 3d Cir.· 1989-09-15 ·cited 18×
  The court held that it has jurisdiction over the appeal under the Judicial Improvements Act and that the bankruptcy trustee is bound by the debtor's pre-petition arbitration agreement for claims derived from the debtor, but not for claims brought under the trustee's § 544(b) powe
• Boddie v. Am. Broad. Cos., Inc.
  881 F.2d 267· 6th Cir.· 1989-07-28 ·cited 18×
  The court held that the Wiretap Act's "injurious act" language was not unconstitutionally vague, and amendments could not retroactively alter past legal outcomes.