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

• Griffon v. United States Dep't of Health & Human Servs.
  832 F.2d 51· 5th Cir.· 1987-10-27 ·cited 13×
  The court held that the government's position was substantially justified, denying the petitioner's application for attorneys' fees under the Equal Access to Justice Act.
• Morgan L. Jones v. Reagan
  748 F.2d 1331· 9th Cir.· 1984-12-04 ·cited 13×·via Retroactive Legislation
  The court considered whether a defendant is entitled to a special verdict instruction when charged with first-degree murder on alternative theories of premeditation and felony murder, and whether separate convictions for underlying felonies are permissible.
• Peck v. Palm Beach Cnty. Bd. of Cnty. Comm'rs
  442 So. 2d 1050· Fla. 1st DCA· 1983-12-16 ·cited 13×
  George Peck appeals the denial of permanent partial disability benefits for hearing loss caused by occupational noise exposure at a firing range. The court reverses, holding that the AMA Guides for measuring hearing impairment apply only to injuries occurring on or after August 1
• Mass. Bonding & Ins. Co. v. Farris Bryant
  189 So. 2d 614· Fla.· 1966-04-27 ·cited 13×
  The court held that the claim was not barred by the statute of limitations because the relevant statute had been declared unconstitutional, and a subsequent amendment did not apply retroactively.
• Neill v. Phinney
  245 F.2d 645· 5th Cir.· 1957-06-10 ·cited 13×·via Retroactive Tax Legislation
  A corporation actively winding up its affairs, even after a liquidating dividend, remains liable for taxes, and its distributee stockholders are liable as transferees regardless of solvency at the time of distribution.
• Moorehead v. Hunter
  198 F.2d 52· 10th Cir.· 1952-07-01 ·cited 13×
  The court held that the amended statute, requiring at least 180 days remaining on a sentence for parole revocation, does not apply retroactively to a parole violator's warrant issued before the amendment's effective date.
• Bryant Commander v. State
  246 So. 3d 1303· Fla. 1st DCA· 2018-07-09 ·cited 12×·via Retroactivity Of Statutory Amendments
  Bryant Commander petitioned for a writ of prohibition challenging the trial court's denial of his Stand Your Ground immunity motion. The court granted the petition after the state conceded error in imposing the burden of proof on the defendant rather than on the prosecution, and
• Rose v. Sonson
  208 So. 3d 136· Fla. 3d DCA· 2016-09-07 ·cited 12×
  Stephen Rose, claiming to be the biological son of deceased Stephen Sonson, appealed the dismissal of his paternity claim filed in probate court. The court affirmed the dismissal, holding that Rose's paternity claim was barred by the four-year statute of limitations that expired
• Witchard v. State
  68 So. 3d 407· Fla. 4th DCA· 2011-09-07 ·cited 12×
  Ronnie Witchard appeals a trial court order imposing mandatory electronic monitoring as a condition of sex offender probation following a probation violation. The Fourth District Court of Appeal holds that Florida's Jessica Lunsford Act requirement for mandatory electronic monito
• D & T Props., Inc. v. Marina Grande Assocs., Ltd.
  985 So. 2d 43· Fla. 4th DCA· 2008-06-11 ·cited 12×
  A condominium buyer sought to cancel a purchase agreement after the developer issued budget amendments showing a 36% increase in annual condominium expenses. The court held that the buyer could not cancel because increases from matters beyond the developer's control do not consti
• In re Amendments TO Fla. Rule OF Crim. Procedure 3.853(d)
  938 So. 2d 977· Fla.· 2006-09-21 ·cited 12×
  The Florida Supreme Court adopted amendments to Florida Rule of Criminal Procedure 3.853(d) eliminating the deadline for filing postconviction DNA testing motions, consistent with legislative action taken in chapter 2006-292, Laws of Florida, which became effective June 23, 2006.
• Patchen v. Fla. Dep't of Agric. & Consumer Servs.
  906 So. 2d 1005· Fla.· 2005-04-14 ·cited 12×
  The Florida Supreme Court held that the Department of Agriculture's destruction of healthy residential citrus trees within a 1900-foot radius of infected trees does not preclude homeowners from recovering compensation under a 2002 statutory remedial scheme, distinguishing this ca
• Env't Confederation of Sw. Fla., Inc. v. State
  886 So. 2d 1013· Fla. 1st DCA· 2004-10-28 ·cited 12×
  Environmental groups challenged Florida's amendment to section 403.412(5) limiting citizen standing to challenge environmental permits, arguing the amendment violated the single subject clause of the Florida Constitution. The First District Court of Appeal held that while the sta
• State v. Green
  887 So. 2d 1089· Fla.· 2004-09-30 ·cited 12×
  The Florida Supreme Court quashed the Second District Court of Appeal's decision invalidating retroactive application of 2002 legislation on ex post facto grounds. The court held that because chapter 99-188 does not violate Florida's single subject requirement (contrary to the Se
• Whitehurst v. State
  852 So. 2d 902· Fla. 2d DCA· 2003-08-08 ·cited 12×
  Anthony Whitehurst appeals his convictions for drug possession with intent to sell and resisting arrest. The appellate court reverses his convictions, finding that the trial court committed reversible error by failing to instruct the jury that the State must prove Whitehurst knew
• NEW v. State
  807 So. 2d 52· Fla.· 2001-12-06 ·cited 12×
  Paul New sought postconviction relief based on State v. Hudson, which held that sentencing under the habitual offender statute is permissive rather than mandatory, allowing courts discretion on imposing mandatory minimum sentences. The Florida Supreme Court held that Hudson does
• McGANN v. Fla. Elections Comm'n
  803 So. 2d 763· Fla. 1st DCA· 2001-11-06 ·cited 12×
  Dr. Robert C. McGann challenged a Florida Elections Commission order imposing fines for alleged violations of campaign finance statutes. The court reversed, holding that the Commission improperly recast findings of fact as conclusions of law, impermissibly applied a retroactive s
• Crotts v. State
  795 So. 2d 1020· Fla. 2d DCA· 2001-09-05 ·cited 12×
  Jimmy Crotts appealed the summary denial of his Rule 3.800(a) motion to correct an illegal habitual offender sentence. The court reversed, holding that Crotts made a facially sufficient claim for relief that must be considered on its merits because King v. State, a case decided a
• Fallschase Dev. Corp. & L. Blair Bailey v. Blakey
  696 So. 2d 833· Fla. 1st DCA· 1997-03-20 ·cited 12×
  The court affirmed that a right of first refusal in a 1975 real property contract violates the common law rule against perpetuities and is void ab initio, while certifying to the Florida Supreme Court a question about whether a statutory reformation provision can be applied retro
• City OF Crestview & Ins. Servicing Adjusting Co. v. Howard
  657 So. 2d 73· Fla. 1st DCA· 1995-07-13 ·cited 12×
  The court held that the substantive law in effect at the time of the claimant's injury applies to attorney's fees, and the repeal of the 21-day grace period was a substantive change.
• Ormond Beach Assocs. Ltd. P'ship & Lpimc, Inc. v. Citation Mortg., Ltd.
  634 So. 2d 1091· Fla. 5th DCA· 1994-03-04 ·cited 12×
  The court held that the 1993 statute governing assignment of rents applies to rents collected by the mortgagor prior to the statute's enactment, provided they are still in the mortgagor's possession at the time of the mortgagee's demand.
• Weckerle v. State
  626 So. 2d 1038· Fla. 4th DCA· 1993-11-10 ·cited 12×·via Retroactivity Of Statutory Amendments
  The court held that a sentence must be reversed and remanded for resentencing because points for victim injury were improperly scored based on subsequent case law, and the lack of an objection at sentencing does not bar post-judgment relief.
• Robinson v. Shands Teaching Hosp. & Crawford & Co.
  625 So. 2d 21· Fla. 1st DCA· 1993-09-14 ·cited 12×
  In this workers' compensation case, Katherine Robinson appealed an order denying reimbursement for past psychiatric treatment and authorization of future treatment by Dr. Springer, arguing that the authorized psychologist could not provide equivalent care. The court affirmed, hol
• Mills v. Singletary
  606 So. 2d 622· Fla.· 1992-10-22 ·cited 12×
  Gregory Mills, a death row inmate, petitioned the Florida Supreme Court for a writ of habeas corpus, raising claims about inadequate harmless error analysis and the constitutionality of the felony-murder aggravator. The court denied the petition on procedural grounds, holding tha
• Wilson Ins. Servs. v. W. Am. Ins. Co.
  608 So. 2d 857· Fla. 4th DCA· 1992-10-14 ·cited 12×
  Wilson Insurance Services and its agents appealed the denial of costs and attorney's fees despite being prevailing parties in the proceedings below. The Fourth District Court of Appeal reversed the denial of costs but affirmed the denial of attorney's fees, holding that the pre-a
• Jasper C. Rowe v. Sullivan
  967 F.2d 186· 5th Cir.· 1992-08-05 ·cited 12×
  Title VII is the exclusive remedy for federal employment discrimination claims, and the Civil Rights Act of 1991 does not apply retroactively. A request for administrative reconsideration must be timely filed.
• Huey v. Louis W. Sullivan, M.D.
  971 F.2d 1362· 8th Cir.· 1992-07-30 ·cited 12×
  The court held that the plaintiff was not entitled to interest on back pay, accountant's expenses, or additional attorney's fees, affirming the district court's decision.
• Reed v. Reed
  597 So. 2d 936· Fla. 1st DCA· 1992-04-29 ·cited 12×
  The court held that the trial court erred in considering support obligations for subsequent children without evidence of impairment, and that amended child support guidelines should be applied retroactively as a remedial statute. However, the court affirmed the denial of retroact
• Alpine Ridge Grp. v. Kemp
  955 F.2d 1382· 9th Cir.· 1992-02-07 ·cited 12×·via Retroactive Legislation
  The HUD Reform Act unconstitutionally abrogates owners' vested property rights in formula-based rent adjustments, violating the Fifth Amendment's due process clause.
• Searcy v. Singletary
  590 So. 2d 1034· Fla. 2d DCA· 1991-12-13 ·cited 12×
  Edgar Searcy, an inmate convicted of sexual offenses, challenged the Department of Corrections' denial of provisional credits (gain time) under Florida law. The court reversed the lower court's decision, finding that the circuit court applied an outdated version of the statute an
• United States v. Green
  952 F.2d 414· D.C. Cir.· 1991-12-13 ·cited 12×
  The court held that applying a post-offense amendment to the Sentencing Guidelines that adversely affects a defendant's sentence violates the ex post facto clause, and that § 5G1.1(b) mandates application of the statutory minimum sentence when inconsistent with a guideline.
• Harvis v. Roadway Express, Inc.
  923 F.2d 59· 6th Cir.· 1991-01-10 ·cited 12×
  A party cannot complain on appeal of errors they invited the court to make, such as requesting a jury trial on a claim that was later deemed legally insufficient.
• Demars v. First Serv. Bank FOR Sav.
  907 F.2d 1237· 1st Cir.· 1990-07-02 ·cited 12×
  The court held that the jurisdictional provision of FIRREA applies to actions pending at the time of its enactment, and that the district court had jurisdiction.
• State v. Finney
  558 So. 2d 409· Fla.· 1990-03-08 ·cited 12×
  Florida Supreme Court quashed the Third District Court of Appeal's decision affirming postconviction relief vacating a conviction, holding that Carawan and Hall should not be applied retroactively to final convictions involving multiple crimes from a single transaction.
• Ass'n OF Golden Glades Condo. Club, Inc. v. Sec. Mgmt. Corp.
  557 So. 2d 1350· Fla.· 1990-03-01 ·cited 12×
  The Florida Supreme Court held that section 718.4015(2) does not retroactively prohibit enforcement of rent escalation clauses in recreation leases entered into prior to June 4, 1975, and that the lessor is not bound by amendments to the Condominium Act unless it expressly agreed
• Young v. A.L. Lockhart
  892 F.2d 1348· 8th Cir.· 1989-12-29 ·cited 12×
  The court held that the defendant knowingly and voluntarily waived his right to counsel by electing self-representation after his request for new counsel was denied.
• Fender v. Thompson
  883 F.2d 303· 4th Cir.· 1989-08-24 ·cited 12×
  The court held that applying an amended statute to revoke a prisoner's pre-existing parole eligibility, even after an escape, violates the ex post facto clause of the Constitution.
• US Ex rel. Stinson v. Provident Life
  721 F. Supp. 1247· S.D. Fla.· 1989-06-30 ·cited 12×
  The 1986 amendments to the False Claims Act apply retroactively to conduct predating their enactment, as doing so does not result in manifest injustice and serves important public interests.
• Bradford-White Corp. v. Ernst & Whinney
  872 F.2d 1153· 3d Cir.· 1989-04-21 ·cited 12×
  The court held that the jury's answers to special interrogatories were reconcilable and that the defendant waived its statute of limitations defense by failing to raise it at trial.
• Georgette M. Delmay v. Paine Webber
  872 F.2d 356· 11th Cir.· 1989-03-08 ·cited 12×
  The court held that a newly enacted statute conferring appellate jurisdiction over orders refusing a stay of judicial proceedings applies retrospectively to pending appeals, as it is a procedural, curative measure.
• Leake v. Long Island Jewish Med. Ctr.
  869 F.2d 130· 2d Cir.· 1989-01-24 ·cited 12×·via Retroactivity Of Statutory Amendments
  The court held that the 1988 amendments to Section 504 of the Rehabilitation Act apply retroactively to pending cases, making the defendant subject to its provisions.
• Ga. Ass'n OF Retarded Citizens v. McDANIEL
  855 F.2d 805· 11th Cir.· 1988-09-21 ·cited 12×
  The Handicapped Children's Protection Act (HCPA) attorney's fee provision cannot be applied retroactively to disturb final, unappealed judgments rendered before its enactment.
• Charles W. Leigh & Ervin F. Dusek v. Engle
  858 F.2d 361· 7th Cir.· 1988-09-21 ·cited 12×
  The court affirmed the district court's findings that defendants breached fiduciary duties under ERISA, but also affirmed the limited damages awarded and the allocation of attorney's fees.
• State v. Brady Austin, Jr.
  532 So. 2d 19· Fla. 5th DCA· 1988-09-01 ·cited 12×
  The State appeals a trial court's grant of post-conviction relief to Brady Austin based on State v. Dominguez, which required jury instructions on the defendant's knowledge that a substance was cocaine in trafficking cases. The appellate court reverses, holding that Dominguez doe
• Tonya K. v. Bd. OF Educ. OF the City OF Chicago
  847 F.2d 1243· 7th Cir.· 1988-05-16 ·cited 12×
  The court held that the Handicapped Children's Protection Act of 1986 applied to pending fee requests, that fee awards are not barred by the Eleventh Amendment, and that the district court did not abuse its discretion in reopening the judgment to award fees.
• Lawrence v. Jones
  837 F.2d 1572· 11th Cir.· 1988-02-26 ·cited 12×
  The court held that while the petitioner's delay in challenging his conviction was unreasonable, the state failed to demonstrate particularized prejudice caused by that delay, thus vacating the dismissal and remanding for further proceedings.
• DeGURULES v. Immigr. & Naturalization Serv.
  833 F.2d 861· 9th Cir.· 1987-12-07 ·cited 12×
  The court held that a recent amendment to the Immigration and Nationality Act, which relaxed the continuous physical presence requirement for suspension of deportation, should be applied retroactively to pending cases.
• Kern-Tulare Water Dist. v. City OF Bakersfield
  828 F.2d 514· 9th Cir.· 1987-09-18 ·cited 12×
  The court held that the City's refusal to consent to the water transfer was a foreseeable result of its statutory authority, entitling it to state action immunity from antitrust laws. The court also affirmed the denial of abstention.
• Whalen v. United States
  826 F.2d 668· 7th Cir.· 1987-08-13 ·cited 12×
  The court held that the 1976 version of I.R.C. § 2032A implicitly required property to pass to a qualified heir for special use valuation, and the 1978 amendment merely clarified this existing law.
• Farese v. Story
  823 F.2d 975· 6th Cir.· 1987-07-21 ·cited 12×·via Retroactivity Of Statutory Amendments
  The court held that the Sentencing Reform Act's amendments do not apply retroactively to the petitioner's sentence and that the Act's provisions for parole determination are not yet effective for him.