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

• Quality Lime Prods., Inc. v. Acme Paving Co., Inc.
  134 So. 2d 42· Fla. 2d DCA· 1961-11-01 ·cited 12×
  Quality Lime Products, a materialman supplier to a subcontractor, appeals the denial of its mechanic's lien claim. The court affirms the denial, holding that under Florida's Mechanics' Lien Law, a materialman furnishing materials to a subcontractor has no right to claim a mechani
• Zacks v. United States
  280 F.2d 829· Ct. Cl.· 1960-07-15 ·cited 12×·via Retroactive Tax Legislation
  The court held that Public Law 629 created a new cause of action, allowing taxpayers to claim refunds for overpaid income taxes on patent royalties, even if the claim was filed after the statute of limitations had run.
• Herman Schwabe, Inc. v. United Shoe Mach. Corp.
  274 F.2d 608· 2d Cir.· 1960-01-20 ·cited 12×
  The court held that the 1955 amendment to the Clayton Act, which shortened the limitations period for private actions, was not intended to be applied retroactively to cut down existing rights, but rather provided a grace period for claims.
• Fed. Broad. Sys., Inc. v. Fed. Commc'ns Comm'n
  239 F.2d 941· D.C. Cir.· 1956-11-15 ·cited 12×
  The court held that the amended statute could be applied to the current situation, and the Commission did not abuse its discretion in allowing continued operations pending a hearing.
• Thompson v. Intercounty Tel. & Tel. Co.
  62 So. 2d 16· Fla.· 1952-12-19 ·cited 12×
  The Florida Supreme Court held that a 1949 use tax statute had an unconstitutionally deficient title because it failed to give fair notice that imported property used (but not resold) would be subject to tax, despite the title referring only to sales, admissions, and rentals. The
• Belanger v. Great Am. Indem. Co. of N.Y.
  188 F.2d 196· 5th Cir.· 1951-04-20 ·cited 12×
  The court held that subsequent legislation enacted after a final judgment does not retroactively revive a dismissed claim.
• Nevins v. Curtiss-Wright Corp.
  172 F.2d 535· 6th Cir.· 1949-02-07 ·cited 12×
  A veteran is not entitled to pay increases they might have hypothetically received had they not entered military service, if those increases were not automatic based on seniority but depended on factors like skill and performance.
• Reynolds v. N. Pac. Ry. Co.
  168 F.2d 934· 8th Cir.· 1948-05-14 ·cited 12×
  The court held that the record did not support the Commissioner's general assessments of carrier taxes on contract workers, as they were not employees of the Railway Co. under the statute as it existed at the time.
• Thorp's Estate v. Commissioner of Internal Revenue
  164 F.2d 966· 3d Cir.· 1947-12-02 ·cited 12×
  The court held that the decedent's reserved right to consent to a trust termination, exercisable in conjunction with beneficiaries who did not have substantially adverse interests, constituted a power to alter or revoke under I.R.C. § 811(d)(2), making the trust corpus includible
• Porter v. Shibe
  158 F.2d 68· 10th Cir.· 1946-11-05 ·cited 12×
  The court held that the Emergency Price Control Act, as extended and made retroactive, did not violate the Fifth Amendment by depriving landlords of possession without due process or just compensation, and that landlords could be required to restore essential services.
• Rushton v. Schram
  143 F.2d 554· 6th Cir.· 1944-05-31 ·cited 12×
  The court held that Michigan Act No. 170 of 1941 does not apply retroactively to the liquidation of the First National Bank-Detroit, as such application would conflict with federal law governing national bank liquidations.
• Ballester-Ripoll v. Court of Tax Appeals of Puerto RICO
  142 F.2d 11· 1st Cir.· 1944-04-05 ·cited 12×·via Retroactive Tax Legislation
  The court held that Puerto Rico's mandatory joint income tax return for married couples living together, even if the wife's interest in community property is not vested, does not violate due process or the uniformity requirement of the Organic Act. The court also upheld the retro
• Hart v. State
  308 So. 3d 655· Fla. 4th DCA· 2020-12-16 ·cited 11×·via Retroactivity Of Statutory Amendments
  A defendant is not entitled to a new Stand Your Ground hearing when the jury convicted him beyond a reasonable doubt at trial and the evidence from the first SYG hearing demonstrates the self-defense claim failed under both the pre-2017 and post-2017 burden of proof standards.
• Willis v. State
  148 So. 3d 480· Fla. 2d DCA· 2014-09-19 ·cited 11×
  Matthew Willis appeals his conviction for twenty counts of possession of child pornography after images were found on his cell phone during a warrantless search incident to a traffic stop. The court reversed and remanded, holding that the warrantless search violated the Fourth Am
• Sini v. Citibank, N.A.
  849 F. Supp. 2d 1345· S.D. Fla.· 2014-02-19 ·cited 11×
  The court held that exceptional circumstances warranted abstention under the Colorado River doctrine due to the parallel state court action, and therefore stayed the federal proceedings.
• Moore v. State
  748 So. 2d 1094· Fla. 3d DCA· 2000-01-12 ·cited 11×
  A challenge to predicate offenses for habitualization cannot be raised via a motion for postconviction relief under Rule 3.800(a).
• Castro Jesus Flores v. State
  745 So. 2d 977· Fla. 3d DCA· 1999-08-25 ·cited 11×
  Castro Jesus Flores appeals his 1979 conviction and consecutive sentences, arguing that stacking minimum mandatory sentences across multiple offenses arising from a single criminal episode violates the prohibition established in Palmer v. State. The court affirms, holding that wh
• Anthony Distribs., Inc. v. Miller Brewing Co.
  882 F. Supp. 1024· M.D. Fla.· 1995-04-04 ·cited 11×
  The court held that a manufacturer's actions to protect its natural monopoly do not violate antitrust laws, but a distributor's claims for tortious interference, breach of good faith, civil theft, defamation, and RICO may proceed, while claims for breach of partnership, fiduciary
• United States v. Murphy
  937 F.2d 1032· 6th Cir.· 1991-06-19 ·cited 11×
  The court held that genuine issues of material fact precluded summary judgment on Count I regarding the application of the False Claims Act amendments. However, the dissenting opinion argues that summary judgment should have been granted for the government on Count II (conspiracy
• Oakbrooke Assocs., Ltd. v. Ins. Comm'r OF the State OF Cal.
  581 So. 2d 943· Fla. 5th DCA· 1991-06-13 ·cited 11×
  Oakbrooke Associates appeals a trial court order requiring it to deposit rental income into court registry under Florida's assignment-of-rents statute (Fla. Stat. § 697.07). The Fifth District Court of Appeal affirms, holding that § 697.07 is remedial in nature and may be applied
• Hoffman v. City OF Warwick
  909 F.2d 608· 1st Cir.· 1990-07-26 ·cited 11×·via Retroactive Legislation
  The court held that the retroactive repeal of a state statute granting seniority credits to veterans did not violate the Contract Clause, Takings Clause, or Due Process Clause, as the statute did not create vested contractual or property rights.
• Frazier v. Baker Material Handling Corp.
  559 So. 2d 1091· Fla.· 1990-01-18 ·cited 11×·via Retrospective Application
  The Florida Supreme Court held that a statute of repose, previously invalidated by the court, could not be retroactively applied to bar claims that had accrued when the statute was invalid. The court found that plaintiffs who had viable causes of action under a prior ruling shoul
• Abu-Sahyun v. Palo Alto Unified Sch. Dist.
  843 F.2d 1250· 9th Cir.· 1988-04-08 ·cited 11×
  The court held that the district court abused its discretion by denying attorneys' fees based solely on the 'special circumstances' of the settlement occurring before the Handicapped Children's Protection Act was enacted.
• Curtiss-Wright Corp. v. Diaz
  507 So. 2d 1197· Fla. 3d DCA· 1987-06-02 ·cited 11×
  The court held that a legislative amendment to a statute of repose does not operate retroactively to revive causes of action already extinguished, and a motion for relief from judgment under Rule 1.540(b)(5) requires the judgment to have prospective application, which a money dam
• Nat'l Wildlife Fed'n v. Marsh
  747 F.2d 616· 11th Cir.· 1984-11-27 ·cited 11×
  The dissenting judge believes the 1983 amendments to the CDBG program, which clarify the principal benefit objective as a statutory requirement, should govern the appeal and cannot be waived by HUD.
• Fordham v. Belcher Towing Co.
  710 F.2d 709· 11th Cir.· 1983-07-25 ·cited 11×
  The court held that the three-year statute of limitations in 46 U.S.C.A. § 763a does not apply retroactively to claims that accrued before its enactment.
• Hausler v. State Farm Mut. Auto. Ins. Co.
  374 So. 2d 1037· Fla. 2d DCA· 1979-08-01 ·cited 11×
  The Hauslers sought uninsured motorist coverage under a State Farm automobile insurance policy for injuries sustained in a hit-and-run motorcycle accident. State Farm denied the claim based on Florida's anti-stacking statute enacted after the policy was issued, and the court reve
• Pruett v. State OF Tex.
  470 F.2d 1182· 5th Cir.· 1973-01-04 ·cited 11×·via Retrospective Application
• Feris v. Club Country OF Fort Walton Beach, Inc.
  138 So. 3d 531· Fla. 1st DCA· 2014-04-30 ·cited 10×
  John Feris appeals summary judgment in a slip-and-fall premises liability case against Club Country, a nightclub. The court reversed, holding that Feris presented sufficient circumstantial evidence of the club's negligence and knowledge of a dangerous condition to survive summary
• Allegheny Cas. Co. v. Roche Sur., Inc.
  885 So. 2d 1016· Fla. 5th DCA· 2004-11-04 ·cited 10×
  Allegheny Casualty Company appeals a summary judgment in favor of Roche Surety, Inc., requiring Allegheny to release trust funds (build-up funds) held for bail bondsmen. The court reverses and remands, holding that a 1999 statutory amendment regarding bond expiration does not app
• Fla. Health Scis. Ctr., Inc. v. Division OF Administrative Hearings and Sandra Nap Britt and Frank Britt
  871 So. 2d 1062· Fla. 2d DCA· 2004-05-12 ·cited 10×
  The Florida District Court of Appeal addressed whether an administrative law judge (ALJ) has jurisdiction to determine whether proper notice of NICA plan participation was provided to obstetrical patients. The court held that while ALJs have authority to determine compensability
• Jackson v. State
  847 So. 2d 1038· Fla. 5th DCA· 2003-05-16 ·cited 10×
  The court held that the 2002 chapter laws, reenacting provisions of a law found to violate the single subject rule, could be applied retroactively without violating constitutional principles.
• First Union Nat'l Bank v. Turney
  839 So. 2d 774· Fla. 1st DCA· 2003-02-06 ·cited 10×
  First Union National Bank appeals an attorney's fees award to Helen J. Turney, a trust beneficiary who prevailed in a breach of fiduciary duty action. The court affirms, holding that because the bank's fraudulent concealment of material facts continued after the October 1, 1993 e
• Whitfield v. State
  804 So. 2d 1274· Fla. 5th DCA· 2002-01-25 ·cited 10×
  Jerome Whitfield appealed the denial of his motion to correct sentence, arguing that his consecutive habitual offender sentences for battery on a law enforcement officer and resisting an officer were improper because both offenses arose from the same criminal episode. The court r
• Guttler v. Dona Guttler
  798 So. 2d 888· Fla. 4th DCA· 2001-11-07 ·cited 10×
  The court held that the trial court erred in failing to adjust child support based on a substantial time-sharing arrangement, and that the amended statute should be applied on remand.
• Bardol v. Martin
  763 So. 2d 1119· Fla. 4th DCA· 1999-12-22 ·cited 10×
  An adult child lacks standing to maintain an independent suit against a parent for retroactive child support absent a prior court order or agreement establishing a support obligation. Retroactive child support claims must proceed within the statutory frameworks of paternity or di
• Wade v. State
  728 So. 2d 284· Fla. 2d DCA· 1999-02-10 ·cited 10×
  Wade was designated a sexual predator following his conviction for sexual battery offenses, but the court reversed because his crimes were committed in 1989-1990, before the Florida Sexual Predators Act took effect on October 1, 1993. The court held that sexual predator designati
• United States v. Siegel
  153 F.3d 1256· 11th Cir.· 1998-09-04 ·cited 10×
  Steven Siegel was convicted of conspiracy to commit mail fraud, wire fraud, bank fraud, money laundering, and money laundering violations, and was ordered to pay $1,207,000 in restitution. The Eleventh Circuit held that the Mandatory Victims Restitution Act of 1996 (MVRA), which
• Johnston v. State
  708 So. 2d 590· Fla.· 1998-03-05 ·cited 10×
  David Eugene Johnston, convicted and sentenced to death in 1984 for first-degree murder, challenged his death sentence through postconviction relief and habeas corpus, arguing the heinous, atrocious, or cruel (HAC) jury instruction was unconstitutionally vague following the U.S.
• Hotelera Naco, Inc. v. Chinea
  708 So. 2d 961· Fla. 3d DCA· 1998-02-18 ·cited 10×
  Evidence of reports about the plaintiff's post-childbirth activities is admissible to prove the employer's state of mind and nondiscriminatory intent, and a 1995 ordinance amendment allowing damages for mental anguish, loss of dignity, and attorney's fees may not be applied retro
• Wood v. ELI Lilly & Co.
  701 So. 2d 344· Fla.· 1997-10-30 ·cited 10×
  The Florida Supreme Court held that in DES negligence actions relying on the market-share liability theory, the statute of limitations begins running when the plaintiff knew or should have known of their injury, not when the market-share theory was judicially adopted. The decisio
• Rehman v. ECC Int'l Corp.
  698 So. 2d 921· Fla. 5th DCA· 1997-09-05 ·cited 10×
  The court held that attorney's fees should not have been awarded under the Whistleblower's Act because the Act was not in effect when the cause of action accrued, and the employer abandoned its request for fees.
• State v. Patterson
  694 So. 2d 55· Fla. 5th DCA· 1997-04-04 ·cited 10×
  The Florida Fifth District Court of Appeal reversed a trial court order that required disclosure of communications between a sexual abuse victim and her psychotherapist. The court held that the 1994 amendment to Florida Statute 415.512 abrogates the psychotherapist-patient privil
• State v. Harrell Braddy
  687 So. 2d 1338· Fla. 1st DCA· 1997-02-04 ·cited 10×
  The State appealed a trial court order granting a prisoner gain time credit during his mandatory firearm sentence. The Florida District Court of Appeal reversed, holding that under the law in effect when the prisoner committed his crimes in 1984, no gain time of any kind was avai
• R.M. Orosz v. Singletary
  693 So. 2d 538· Fla.· 1997-01-23 ·cited 10×
  A prisoner has a vested right in gain time awarded under statutes applicable at the time of sentence completion, and this right cannot be retroactively divested by subsequent legislation, particularly when the sentence was completed before the new statute's enactment.
• Williams Coll. v. Bourne
  670 So. 2d 1118· Fla. 5th DCA· 1996-03-29 ·cited 10×
  Williams College appeals a trial court order awarding attorney's fees to Ronald Roby, who represented Sidney Ward in defending Ward's claim for attorney's fees as personal representative's counsel. The court reverses, holding that section 733.6171(7) cannot be applied retroactive
• State Farm Mut. Auto. Ins. Co. v. Penland
  668 So. 2d 200· Fla. 4th DCA· 1995-12-06 ·cited 10×
  State Farm appealed a trial court's grant of a new trial in an underinsured motorist case, challenging the exclusion of expert testimony on vehicle occupant positioning, the denial of a motion to disqualify the judge, and the grant of summary judgment on the seat belt defense. Th
• Navarro v. Sugarcane Growers Coop. & Prof'l Administrators, Inc.
  661 So. 2d 946· Fla. 4th DCA· 1995-10-25 ·cited 10×·via Retroactivity Of Statutory Amendments
  An employee receiving workers' compensation medical treatment sought enforcement of a 1991 authorization order after his employer unilaterally withdrew authorization in 1994. The court held that the circuit court has jurisdiction to enforce existing workers' compensation orders,
• McCARTHY v. BAY Area Signs & Armor Ins. Co.
  639 So. 2d 1114· Fla. 1st DCA· 1994-07-25 ·cited 10×
  The court held that procedural amendments to wage-loss benefit statutes apply retroactively, but substantive amendments do not. The judge of compensation claims properly applied the law.
• Chatham Steel Corp. v. Brown
  858 F. Supp. 1130· N.D. Fla.· 1994-07-19 ·cited 10×
  Defendants who sold spent batteries to a recycler "arranged for" the disposal or treatment of hazardous substances under CERCLA § 107(a)(3), regardless of their intent or knowledge of the recycler's methods, because the batteries had value only as a source of lead and were thus c