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

• United States v. Berkus
  428 F.2d 1148· 8th Cir.· 1970-06-30 ·cited 16×
  The court held that the Fourth Amendment does not require sworn testimony presented to a magistrate to establish probable cause to be recorded, and a witness's recollection of that testimony is sufficient.
• Eldred L. Tuggle and Catherine Tuggle v. Gov't Emps. Ins. Co.
  220 So. 2d 355· Fla.· 1969-03-05 ·cited 16×·via Retroactivity Of Statutory Amendments
  The Florida Supreme Court addressed whether attorney's fees for appellate services could be awarded in an insurance dispute. The Court held that a 1967 statute authorizing appellate attorney's fees was not retroactive and therefore could not apply to appellate proceedings initiat
• Abram v. State
  216 So. 2d 498· Fla. 1st DCA· 1968-11-26 ·cited 16×
  Willie Abram was convicted of first-degree murder based largely on an alleged oral confession obtained during police interrogation without adequate Miranda warnings. The Florida appellate court reversed and remanded for a new trial, finding the confession inadmissible because pol
• Elery Erigen Brown v. Celebrezze
  367 F.2d 455· 4th Cir.· 1966-09-28 ·cited 16×·via Retroactivity Of Statutory Amendments
  The court held that the case must be remanded to the Secretary for reconsideration under the new disability standards enacted by the 1965 amendments to the Social Security Act.
• In re the Est. of Earl B. Rogers v. Rogers
  171 So. 2d 428· Fla. 2d DCA· 1965-02-03 ·cited 16×
  The Florida District Court of Appeal held that a widow's right to elect dower is determined by the law in effect at the husband's death, not by subsequently enacted legislation. Because the widow failed to timely elect dower within nine months of the publication of notice to cred
• Bluff Creek OIL Co. & Wabash Oil Co. v. Green
  257 F.2d 83· 5th Cir.· 1958-06-26 ·cited 16×
  The court held that the Illinois default judgment was valid against Wabash Oil Company due to sufficient contacts with Illinois, but reversed and remanded as to Bluff Creek Oil Company due to a genuine dispute of material fact regarding its business dealings in Illinois.
• Marks v. Higgins
  213 F.2d 884· 2d Cir.· 1954-06-08 ·cited 16×
  The court held that the settlor's contingent life interest in a trust created in 1935 is includible in his gross estate for tax purposes, despite reliance on a 1934 interpretative ruling.
• E. Mach. Co. v. Under Secretary of War
  182 F.2d 99· D.C. Cir.· 1950-04-10 ·cited 16×
  The court affirmed the Tax Court's determination of excessive profits, finding that the Renegotiation Act's retroactive application was constitutional and that the amount of profits left did not violate due process.
• Spiritwood Grain Co. v. N. Pac. Ry. Co.
  179 F.2d 338· 8th Cir.· 1950-01-17 ·cited 16×
  A lease with an indefinite term and annual rent payment creates a continuing tenancy from year to year, not a new lease each year. Therefore, a statutory change in the law regarding contract exemptions does not retroactively void an exemption clause in such a lease if the lease w
• Kersten v. United States
  161 F.2d 337· 10th Cir.· 1947-05-06 ·cited 16×
  The court held that the defendant's convictions for selling used cars above ceiling prices were valid, as the Emergency Price Control Act was extended and the information's failure to cite the extension act did not mislead the defendant.
• Cole v. Universal Prop. & Cas. Ins. Co.
  363 So. 3d 1089· Fla. 4th DCA· 2023-05-03 ·cited 15×
  The court affirmed the dismissal of a breach of contract suit against an insurance company. The dismissal was based on the plaintiff's failure to comply with a new statutory requirement for providing presuit notice of intent to litigate, which the court found to be a procedural r
• Boston v. State
  326 So. 3d 673· Fla.· 2021-10-07 ·cited 15×
  A trial court's error in applying an incorrect burden of proof at a pretrial Stand Your Ground immunity hearing is harmless when the defendant is subsequently convicted at trial by proof beyond a reasonable doubt, because the trial burden exceeds the pretrial burden and thus cure
• Langel v. State
  255 So. 3d 359· Fla. 4th DCA· 2018-09-05 ·cited 15×
  The 2017 amendment to Florida's self-defense immunity statute, which shifts the burden of proof to the state to disprove a prima facie claim of self-defense immunity by clear and convincing evidence, is substantive and cannot be applied retroactively to offenses committed before
• In & for New Castle Cnty.
  1997 WL 719342· Del. Super. Ct.· 2009-12-07 ·cited 15×
  The court denied Joe Lewis Travis's third motion for postconviction relief. The court found that most of Travis's claims were procedurally barred due to untimeliness and failure to raise them in prior motions. The court determined that Travis's claim based on the Allen v. State d
• Stolzer v. Magic Tilt Trailer, Inc.
  878 So. 2d 437· Fla. 1st DCA· 2004-07-09 ·cited 15×
  Dean Stolzer appeals a workers' compensation decision denying him attorney's fees because the trial court retroactively applied a 2002 amendment to section 440.34(3), Florida Statutes, which extended the period before attorney's fees attach from 14 to 30 days. The First District
• Horn v. Fla. Dep't OF Revenue
  752 So. 2d 687· Fla. 3d DCA· 2000-02-09 ·cited 15×
  Benjamin Horn appealed a paternity judgment awarding child support retroactive to the child's birth. The court affirmed the retroactive award, holding that a statute limiting retroactive support to when parents separated should not apply retroactively to cases filed before the st
• Clay v. The Prudential Ins. Co. OF Am.
  670 So. 2d 1153· Fla. 4th DCA· 1996-04-03 ·cited 15×
  Deborah Clay appealed a defense verdict in a bad faith insurance case, arguing she should receive a new trial because the Florida Supreme Court changed the legal standard for bad faith after her trial. The Fourth District Court of Appeal affirmed the verdict, holding that to bene
• State Farm Mut. Auto. Ins. Co. v. Hassen
  650 So. 2d 128· Fla. 2d DCA· 1995-02-01 ·cited 15×
  State Farm appeals a summary judgment awarding the Hassens uninsured motorist coverage under their insurance policy despite their unauthorized settlement with the tortfeasor's liability carrier. The court reverses, holding that applying the 1992 amendment to section 627.727(6) to
• Brodose v. The Sch. Bd. OF Pinellas Cnty.
  622 So. 2d 513· Fla. 2d DCA· 1993-07-21 ·cited 15×
  The court held that attorney's fees could not be awarded under the statutes in effect at the time because a judgment for the plaintiff was required, which did not occur. The court affirmed the application of the assumption of the risk doctrine.
• Denmark v. State
  538 So. 2d 68· Fla. 1st DCA· 1989-01-27 ·cited 15×
  Charlie Denmark appeals his convictions for attempted armed robbery, aggravated assault, attempted kidnapping with a firearm, and use of a firearm during felony commission. The Florida First District Court of Appeal reverses the aggravated assault and firearm convictions, finding
• Alyeska Pipeline Serv. Co. v. The United States
  688 F.2d 765· Ct. Cl.· 1982-09-08 ·cited 15×
  The court held that the plaintiffs impermissibly split their cause of action by bringing separate suits for pre- and post-TAPS Act fees, and thus are barred from asserting the later claim.
• Mazda Motors OF Am., Inc. v. S. C. Henderson & Sons, Inc.
  364 So. 2d 107· Fla. 1st DCA· 1978-11-17 ·cited 15×
  When a statute of limitations has not yet completely run, a subsequent legislative amendment extending the period is not retroactive legislation and does not impair a vested right, so the extended period applies to pending causes of action.
• Ryter v. Brennan
  291 So. 2d 55· Fla. 1st DCA· 1974-02-28 ·cited 15×
  This case addresses whether a wife can recover for loss of consortium following an automobile accident, and whether she can also recover for her husband's wrongful death. The Florida Supreme Court had recently recognized the wife's right to sue for loss of consortium in Gates v.
• Lee v. Bond-Howell Lumber Co.
  123 Fla. 202· Fla.· 1936-03-10 ·cited 15×
  The Florida Supreme Court reviewed a lower court's injunction that halted the enforcement of a tax act. The court held that specific, severable portions of the tax act were constitutional and enforceable from their stated effective dates, despite the lower court's ruling that the
• Scherer v. Volusia Cnty. Dep't OF Corr. & Volusia Cnty. Risk Mgmt.
  171 So. 3d 135· Fla. 1st DCA· 2015-07-08 ·cited 14×
  A correctional officer appeals a workers' compensation denial based on his ineligibility for the statutory heart disease presumption under section 112.18. The court reverses, holding that the 2010 amendments to section 112.18(1)(b) apply only to claims arising from disablement oc
• Coral Lakes Cmty. Ass'n, Inc. v. Busey Bank, N.A.
  30 So. 3d 579· Fla. 2d DCA· 2010-02-19 ·cited 14×
  The HOA appeals a summary judgment foreclosure, arguing the Bank should be liable for unpaid HOA assessments under amended Florida statute § 720.3085. The court holds that the HOA's Declaration of Covenants and Restrictions, which subordinates HOA assessment liens to first mortga
• Ross v. State
  901 So. 2d 252· Fla. 4th DCA· 2005-04-27 ·cited 14×
  The court held that the petitioner is entitled to re-sentencing without the Prison Releasee Reoffender (PRR) designation because the record does not establish that the burglarized dwellings were occupied, and the PRR statute, as clarified by Huggins, applies only to occupied dwel
• Starling v. State
  842 So. 2d 992· Fla. 1st DCA· 2003-04-15 ·cited 14×
  The court held that the failure to instruct the jury on the knowledge element for sale or delivery of cocaine was not fundamental error when the defense's sole argument was misidentification.
• Merrill Lynch Tr. Co. v. Alzheimer's Lifeliners Ass'n, Inc.
  832 So. 2d 948· Fla. 2d DCA· 2002-12-27 ·cited 14×
  Merrill Lynch Trust Company, as trustee of a charitable remainder unitrust, appealed the trial court's grant of a writ of execution and contempt finding for failing to distribute trust assets to beneficiaries following a summary judgment determining proper beneficiaries. The appe
• Bush v. State
  823 So. 2d 833· Fla. 2d DCA· 2002-08-14 ·cited 14×·via Retroactive Legislation
  Terrell Bush appeals the denial of his motion to correct an illegal sentence, arguing that a prior appellate decision rendered the three-year mandatory minimum sentence unconstitutional. The court affirms, holding that even if the prior decision applies, the mandatory minimum exi
• Hayden v. State
  753 So. 2d 720· Fla. 2d DCA· 2000-03-17 ·cited 14×
  Florida appellate court affirmed burglary conviction but remanded to correct written sentence to reflect concurrent rather than consecutive service and struck costs imposed under statutes enacted after the offense date.
• Fla. Pub. Emps. Council 79 v. Dep't OF Child. & Families & Jeb Bush
  745 So. 2d 487· Fla. 1st DCA· 1999-11-22 ·cited 14×
  Public employee appellants challenged the retroactive application of Chapter 435's criminal background screening provisions to their employment, arguing the statute was unconstitutional as applied and facially unconstitutional. The court reversed the dismissal of their facial con
• House v. State
  696 So. 2d 515· Fla. 4th DCA· 1997-07-08 ·cited 14×
  Kevin House appealed the denial of his post-conviction motion challenging a ten-year habitual offender sentence imposed after revocation of his community control. The court held that the Florida Supreme Court's decision in King v. State applies retroactively to House's case, rend
• Bisson v. State
  696 So. 2d 504· Fla. 5th DCA· 1997-07-03 ·cited 14×
  Bisson appealed his sentencing on multiple felony and misdemeanor charges, challenging a special probation condition requiring him to pay $75 in investigative costs to the New Smyrna Beach Police Department. The court affirmed the sentences but struck the investigative costs cond
• Calamia v. Singletary
  686 So. 2d 1337· Fla.· 1996-12-19 ·cited 14×
  Florida Supreme Court rejected habeas corpus and mandamus petitions from two inmates convicted of murder who challenged the retroactive cancellation of provisional credits awarded for prison overcrowding as an ex post facto violation. The Court held that provisional credits are a
• State v. Battle
  661 So. 2d 38· Fla. 2d DCA· 1995-04-11 ·cited 14×·via Retroactivity Of Statutory Amendments
  The State appeals a sentencing decision where the trial court failed to impose mandatory minimum sentences for cocaine sales within 1,000 feet of a school. The court reverses and remands, holding that the applicable statute is the one in effect when the crime was committed, not a
• Seton v. Swann
  650 So. 2d 35· Fla.· 1995-02-16 ·cited 14×
  The Florida Supreme Court held that to establish adverse possession by color of title under section 95.16, a claimant must first show that the disputed property is described in a recorded instrument. The Setons could not acquire title to Swann's land because their deed described
• Rajiv Chandra, M.D. v. Gopal Gadodia, M.D.
  610 So. 2d 15· Fla. 5th DCA· 1992-11-20 ·cited 14×
  Chandra sought enforcement of noncompetition agreements against two former employees who resigned after only five to six months of employment. The trial court denied the preliminary injunction based on a 1990 statutory amendment requiring proof of irreparable injury and reasonabl
• Fink v. Holt
  609 So. 2d 1333· Fla. 4th DCA· 1992-11-12 ·cited 14×
  A physician's vehicle was forfeited based on controlled substances found during arrest for traffic violations. The court reversed, holding that the state failed to prove by clear and convincing evidence that the vehicle was used in criminal activity, and that a licensed physician
• Ayala-Chavez v. U.S. Immigr. & Naturalization Serv.
  945 F.2d 288· 9th Cir.· 1991-09-20 ·cited 14×
  The 1990 amendment eliminating automatic stays of deportation for aggravated felonies does not apply to convictions that occurred prior to the enactment of the Anti-Drug Abuse Act of 1988.
• Pearson v. Gatto
  933 F.2d 521· 7th Cir.· 1991-05-23 ·cited 14×
  The court held that the district court should have liberally construed the pro se plaintiff's letter as an amended complaint, and that the district court did not abuse its discretion in allowing a late notice of appeal.
• Sargisson v. The United States
  913 F.2d 918· Fed. Cir.· 1990-08-31 ·cited 14×
  The court held that while the Claims Court has jurisdiction over claims for pay and allowances, the Secretary of the Air Force's decision to release a reserve officer from active duty based on a reduction in manpower is generally nonjusticiable, and any claim regarding the compos
• Kirby Bruce Marshall v. TRW, Inc.
  900 F.2d 1517· 10th Cir.· 1990-04-16 ·cited 14×·via Retroactivity Of Statutory Amendments
  The court held that the plaintiff's state law claim for retaliatory discharge was not pre-empted by federal labor law and that there was insufficient evidence of workplace hostility to support an award of future damages in lieu of reinstatement.
• Felts v. State
  549 So. 2d 1373· Fla.· 1989-09-28 ·cited 14×
• United States v. Wilson
  884 F.2d 1121· 8th Cir.· 1989-09-13 ·cited 14×
  The court's holding is not explicitly stated in this dissenting opinion, but it implies disagreement with the majority's procedural requirements for Batson hearings.
• McSHERRY v. Block
  880 F.2d 1049· 9th Cir.· 1989-07-21 ·cited 14×
  The court held that the California Supreme Court's interpretation of the loitering statute was unforeseeable and deprived the defendant of due process notice.
• Brown v. State
  535 So. 2d 332· Fla. 1st DCA· 1988-12-12 ·cited 14×
  Brown appeals the summary denial of his post-conviction motion attacking his convictions and sentences for armed sexual battery, kidnapping, and burglary. The court affirms the conviction but reverses and remands for resentencing because the trial court retroactively applied amen
• Donnell Counsel v. DOW
  849 F.2d 731· 2d Cir.· 1988-06-10 ·cited 14×·via Retroactive Legislation
  The court held that Congress had the constitutional authority to enact the Handicapped Children's Protection Act (HCPA) with retroactive attorney's fees, but that the plaintiff did not prevail against the local defendants, thus reversing the fee award against them.
• Rowe v. State
  523 So. 2d 620· Fla. 2d DCA· 1988-02-26 ·cited 14×
  A guideline departure based on the habitual offender statute is not per se unlawful when imposed, and a sentence resulting from a plea bargain in which both parties gave meaningful consideration cannot be challenged on post-conviction review based on alleged scoresheet errors, wh
• Pub. Serv. Comm'n OF the State OF NEW York v. Fed. Energy Regulatory Comm'n
  813 F.2d 448· D.C. Cir.· 1987-03-06 ·cited 14×
  The court affirmed the Federal Energy Regulatory Commission's (FERC) decisions regarding interruptible transportation rates, advertising expenses, and disallowance of unsuccessful project costs, but reversed the decision on capital structure, remanding for reconsideration.