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

• Foley v. George A. Morris, M.D.
  339 So. 2d 215· Fla.· 1976-11-04 ·cited 97×
  The court held that the new two-year statute of limitations does not apply retroactively to causes of action that accrued before its effective date, absent clear legislative intent.
• Hassen v. State Farm Mut. Auto. Ins. Co.
  674 So. 2d 106· Fla.· 1996-03-07 ·cited 95×
  The Florida Supreme Court held that a 1992 amendment to section 627.727(6), which imposed new obligations on underinsured motorist carriers regarding subrogation rights, must be applied prospectively only and cannot be retroactively applied to insurance policies issued before the
• Martinez v. Mathews
  544 F.2d 1233· 5th Cir.· 1976-12-28 ·cited 95×
  The court held that if a health provider receives funding as a "migrant health center," its governing board must be composed of a majority of individuals being served by the center, who, as a group, represent those individuals, and that the likelihood of success on the issue of f
• Valdez-Garcia v. State
  965 So. 2d 318· Fla. 2d DCA· 2007-09-19 ·cited 94×
  Luis Valdez-Garcia appealed the dismissal of his habeas corpus petition filed in the circuit court where he was convicted rather than where he was incarcerated. The court affirmed the dismissal and clarified that habeas petitions challenging convictions must be filed in the count
• Nazareth Gates v. Collier
  616 F.2d 1268· 5th Cir.· 1980-05-14 ·cited 94×
  The majority held that attorneys' fees awarded under the Civil Rights Attorneys' Fees Awards Act bear interest, but out-of-pocket costs do not.
• Harbor v. Welles
  78 Fla. 227· Fla.· 1919-07-31 ·cited 94×·via Retroactive Legislation
  The Florida Supreme Court upheld the validity of the Charlotte Harbor Special Road and Bridge District in DeSoto County, which overlapped with the previously established Punta Gorda Special Road and Bridge District. The court ruled that the legislature had broad power to authoriz
• Fla. Hosp. Waterman, Inc. v. Buster
  984 So. 2d 478· Fla.· 2008-03-06 ·cited 93×
  The Florida Supreme Court held that Amendment 7 (the Patients' Right to Know About Adverse Medical Incidents), a constitutional provision approved by voters in 2004, is self-executing and retroactively applies to medical records created before its effective date. The Court also i
• Love v. State
  247 So. 3d 609· Fla. 3d DCA· 2018-05-11 ·cited 92×
  Although the 2017 amendment to section 776.032(4) is constitutional, it does not apply retroactively to crimes committed before its June 9, 2017 effective date because it imposes a new legal burden on the State and constitutes a substantive change in criminal law prohibited by Ar
• Schoeff v. R.J. Reynolds Tobacco Co.
  232 So. 3d 294· Fla.· 2017-12-14 ·cited 91×
  The Florida Supreme Court held that the comparative fault statute does not apply to reduce compensatory damages in Engle tobacco progeny cases when the jury finds for the plaintiff on intentional tort claims. The court also upheld a $30 million punitive damages award as constitut
• Rivera v. Allin
  144 F.3d 719· 11th Cir.· 1998-06-23 ·cited 90×
  The Eleventh Circuit affirmed the district court's dismissal, holding that the "three strikes" provision of 28 U.S.C. § 1915(g) is constitutional. The court found no violations of the First Amendment right to access the courts, the separation of powers doctrine, the Fifth Amendme
• Bond v. Stanton
  630 F.2d 1231· 7th Cir.· 1980-09-19 ·cited 90×
  Prevailing plaintiffs are entitled to attorney's fees for appellate work on the merits and for time spent litigating their entitlement to fees under the Civil Rights Attorney's Fees Awards Act.
• The Stanford Daily v. Zurcher
  550 F.2d 464· 9th Cir.· 1977-02-02 ·cited 90×
  The court held that appellants are proper defendants and that good faith immunity does not apply to claims seeking injunctive relief. It also held that the Civil Rights Attorney's Fees Awards Act of 1976 applies to pending cases, revalidating the district court's attorney's fees
• Nat'l Labor Relations Bd. v. GUY F. Atkinson Co.
  195 F.2d 141· 9th Cir.· 1952-02-29 ·cited 88×
  The court held that the National Labor Relations Board's order requiring reinstatement was arbitrary and capricious because it retroactively applied a new policy to conduct that occurred when the Board had a contrary policy, causing inequitable hardship.
• Dilar S. Booker v. State
  514 So. 2d 1079· Fla.· 1987-09-24 ·cited 86×
  The Florida Supreme Court held that Chapter 86-273, which eliminated appellate review of the extent of departure from sentencing guidelines, violates the Ex Post Facto Clause when applied to crimes committed before its July 9, 1986 effective date, but does not violate separation
• Mitchell v. Moore
  786 So. 2d 521· Fla.· 2001-04-12 ·cited 85×·via Retrospective Application
  The Florida Supreme Court held that the copy requirement provision of the Prisoner Indigency Statute violates the constitutional right of access to courts under both the Florida and U.S. Constitutions. The statute's requirement that prisoners provide copies of prior pleadings to
• State v. Hall
  534 So. 2d 1144· Fla.· 1988-11-17 ·cited 85×
  Florida Supreme Court held that a defendant cannot collaterally attack a guidelines departure sentence via Rule 3.850 motion based on a subsequently issued Supreme Court decision changing the legal construction of sentencing statutes, and quashed the First District's opinion perm
• State v. Simpson
  122 Fla. 582· Fla.· 1935-11-26 ·cited 85×
  Lane Drug Stores challenged Florida's Chain Store Tax Act (Senate Bill 724) as unconstitutional, seeking mandamus to compel issuance of licenses without paying the new tax. The Florida Supreme Court upheld the flat license fees in Subdivision A but struck down the graduated gross
• Fla. Ins. Guar. Ass'n, Inc. v. Devon Neighborhood Ass'n, Inc.
  67 So. 3d 187· Fla.· 2011-06-30 ·cited 84×·via Statutory Retroactivity
  FIGA sought review of the Fourth District's decision that a 2005 amendment to Florida's insurance code applied retroactively to a 2004 insurance policy, barring FIGA from compelling appraisal of hurricane damage claims. The Florida Supreme Court held that the Fourth District misa
• Turner v. Dugger
  614 So. 2d 1075· Fla.· 1992-12-24 ·cited 84×
  William Thaddeus Turner was convicted of two first-degree murders and sentenced to death for one. On collateral review, Turner raised sixteen claims in a Rule 3.850 motion and three issues in a habeas corpus petition, all seeking to vacate his conviction and death sentence. The F
• Lyon v. Bausch & Lomb Optical Co.
  224 F.2d 530· 2d Cir.· 1955-06-20 ·cited 84×
  The court held that the patent specifications adequately supported claims 3, 8, and 9, but reversed as to claims 1, 2, 4, and 5 due to inadequate disclosure. The court also found that prior art did not anticipate the invention and that the inventor's contribution was not obvious.
• Thompson v. Danford L. Sawyer, Jr.
  678 F.2d 257· D.C. Cir.· 1982-04-27 ·cited 83×
  The majority opinion erred in applying the Equal Pay Act and Title VII retroactively to periods before their effective dates for federal government employment.
• Bruno v. State
  574 So. 2d 76· Fla.· 1991-01-03 ·cited 82×
  Michael G. Bruno, Sr. was convicted of first-degree murder in the death of Lionel Merlano and sentenced to death. The Florida Supreme Court affirmed the murder conviction and death sentence, finding three valid aggravating circumstances and no mitigating circumstances, while vaca
• S & H Riggers & Erectors, Inc. v. Occupational Safety & Health Review Comm'n & Raymond J. Donovan
  672 F.2d 426· 5th Cir.· 1982-04-05 ·cited 82×
  The court held that the Equal Access to Justice Act (EAJA) does not apply retroactively to agency proceedings not pending on its effective date, and special circumstances made an award of fees against OSHRC unjust.
• Rogin v. Bensalem Twp. & Stephen J. Kelly
  616 F.2d 680· 3d Cir.· 1980-02-21 ·cited 82×
  The court held that the developer's cross-claim failed to state a cause of action under federal law, affirming the district court's dismissal, but found the case was not moot.
• Latouraine Coffee Co., Inc. v. Lorraine Coffee Co., Inc.
  157 F.2d 115· 2d Cir.· 1946-08-07 ·cited 82×
  The court held that the defendant's use of the name 'Lorraine' infringed upon the plaintiff's registered trademark 'LaTouraine' because the names were sufficiently similar to cause confusion among purchasers, and good faith is not a defense to infringement.
• Gupton v. Vill. KEY & SAW Shop, Inc.
  656 So. 2d 475· Fla.· 1995-06-15 ·cited 81×
  The Florida Supreme Court resolved a conflict between district courts regarding whether a 1990 amendment to Florida's noncompete statute should be applied retroactively or prospectively. The court held that the amendment made substantive changes to noncompete law and must be appl
• Goodman v. Lukens Steel Co.
  777 F.2d 113· 3d Cir.· 1985-11-13 ·cited 81×
  The court held that the statute of limitations for a cause of action under 42 U.S.C. § 1981 in Pennsylvania should be six years, not two years as applied to § 1983 claims.
• Env't Def. Fund v. Tenn. Valley Auth.
  468 F.2d 1164· 6th Cir.· 1972-12-13 ·cited 81×
  The court held that the National Environmental Policy Act (NEPA) applies to ongoing federal projects, requiring an environmental impact statement even if construction began before NEPA's effective date, if significant environmental impacts are still anticipated.
• Johnson v. Singletary
  647 So. 2d 106· Fla.· 1994-05-19 ·cited 80×
  Marvin Johnson, a death row inmate with four execution warrants signed, petitions for habeas corpus and appeals denial of his second motion for postconviction relief. The Florida Supreme Court denies his habeas petition and most postconviction claims but remands for an evidentiar
• Laurence G. Russell v. Nat'l Mediation Bd.
  775 F.2d 1284· 5th Cir.· 1985-10-23 ·cited 80×
  The court held that the amended Equal Access to Justice Act applies to cases pending at the time of its enactment, and that the Board's underlying action was not substantially justified, entitling the plaintiff to attorney fees for all time spent contesting the merits.
• McGINNIS v. Ingram Equip. Co., Inc.
  918 F.2d 1491· 11th Cir.· 1990-11-27 ·cited 78×
  The dissenting judge argues that the majority's decision incorrectly asserts federal jurisdiction over racial harassment claims that are no longer actionable under 42 U.S.C. § 1981 following Patterson v. McLean Credit Union. The dissent also criticizes the majority's application
• State v. Knowles
  402 So. 2d 1155· Fla.· 1981-06-25 ·cited 78×·via Retroactive Legislation
  The Florida Supreme Court held that a 1980 statute granting public employees absolute immunity from suit cannot be applied retroactively to a pending case where a jury had already awarded a plaintiff $70,000 in damages. The Court found that retroactive application would unconstit
• Mills v. Moore
  786 So. 2d 532· Fla.· 2001-04-12 ·cited 77×
  Gregory Mills, a death row inmate, petitioned for habeas corpus relief arguing that Florida's capital sentencing scheme violates the Apprendi decision requiring jury findings on facts increasing penalties, and that his jury override was arbitrarily applied under Tedder. The Flori
• Davis v. Artley Constr. Co.
  154 Fla. 481· Fla.· 1944-05-19 ·cited 77×
  Josh Davis, a Black construction worker, suffered a cerebral hemorrhage and permanent paralysis while unloading lumber in hot box cars. The Florida Supreme Court held that his injury was compensable under workers' compensation despite his pre-existing tertiary syphilis, because t
• Leapai v. Milton
  595 So. 2d 12· Fla.· 1992-01-23 ·cited 76×
  The Florida Supreme Court reversed the Fifth District Court of Appeal's declaration that section 45.061, Florida Statutes, was unconstitutional. The Court held that the statute's procedural aspects are severable and superseded by Rule 1.442 of the Florida Rules of Civil Procedure
• Patrocinia L. Vda De Rodulfa v. United States & Adm'r of Veterans Affairs
  461 F.2d 1240· D.C. Cir.· 1972-03-24 ·cited 76×
  The court held that the amended 38 U.S.C. § 211(a), which withdrew jurisdiction to review decisions of the Administrator of Veterans' Affairs, applied retroactively to pending appeals, thereby vacating awards of counsel fees.
• Banco Nacional de Cuba v. Farr
  383 F.2d 166· 2d Cir.· 1967-07-31 ·cited 76×
  The Hickenlooper Amendment applies to pending cases, including this one, and is constitutional, requiring courts to adjudicate claims based on international law despite the act of state doctrine, unless the President determines otherwise.
• Isiah Carl Green v. McKASKLE
  788 F.2d 1116· 5th Cir.· 1986-05-05 ·cited 75×
  The court held that remedial court orders alone cannot serve as the basis for a § 1983 damage claim, and that certain claims of the prisoner plaintiff were improperly dismissed and should be remanded.
• Century Vill., Inc. v. Wellington
  361 So. 2d 128· Fla.· 1978-07-13 ·cited 75×
  Century Village, Inc. appealed an order upholding the constitutionality of Florida Statute Section 711.63(4), which requires condominium unit owners to deposit disputed rents into court registry during litigation over recreational leases. The Florida Supreme Court held that the s
• Mills v. Dugger
  574 So. 2d 63· Fla.· 1990-11-08 ·cited 74×
  John Mills, a death row inmate, petitioned for habeas corpus relief challenging his murder conviction and death sentence on twelve grounds, including claims based on victim impact evidence and instructional errors. The Florida Supreme Court denied the petition, finding all issues
• Republic Indus., Inc. v. Teamsters Joint Council NO. 83 OF Va. Pension Fund
  718 F.2d 628· 4th Cir.· 1983-09-09 ·cited 74×·via Retroactive Legislation
  The Multiemployer Pension Plan Amendments Act of 1980's retroactive withdrawal liability provisions are constitutional, but the denial of attorney's fees to the prevailing defendant was an error.
• Rachel v. State OF Ga.
  342 F.2d 336· 5th Cir.· 1965-03-05 ·cited 73×
• Seddon v. Harpster
  403 So. 2d 409· Fla.· 1981-07-30 ·cited 72×
  The Florida Supreme Court answered a certified question regarding the retroactive application of Chapter 74-382, which amended adverse possession statutes. The Court held that the seven-year possession period for adverse possession under color of title must begin on January 1, 19
• AB CTC v. Morejon
  324 So. 2d 625· Fla.· 1975-07-24 ·cited 71×
  A Swedish corporation challenged the Florida trial court's denial of its motion to dismiss for lack of personal jurisdiction in a products liability case. The Florida Supreme Court resolved a jurisdictional conflict by holding that neither long-arm statute (§48.181 based on contr
• TEL Serv. Co., Inc. v. Gen. Cap. Corp.
  227 So. 2d 667· Fla.· 1969-10-29 ·cited 71×
  Tel Service Co., Inc. and its owners appealed a judgment requiring them to disgorge usurious interest payments, arguing the corporate form should be disregarded and that new legislation (Chapter 65-299) eliminated their recovery rights. The Florida Supreme Court affirmed the Dist
• Blair v. The People OF the State OF Cal.
  340 F.2d 741· 9th Cir.· 1965-01-06 ·cited 70×
  A state prisoner must exhaust state remedies for issues arising from new Supreme Court decisions before seeking federal habeas corpus relief.
• Ex-Parte George S. Wells-Habeas Corpus
  21 Fla. 280· Fla.· 1885-01-01 ·cited 70×
  The Florida Supreme Court upheld a statute dissolving municipal corporations with specified bonded indebtedness and creating a new class of municipal governments with appointed commissioners, rejecting constitutional challenges that the act was special legislation lacking uniform
• Mozee v. Am. Commercial Marine Serv. Co.
  963 F.2d 929· 7th Cir.· 1992-05-07 ·cited 69×
  The dissent argues that the Civil Rights Act of 1991 should apply retroactively to the case, and that the majority's mechanical application of legal principles is unjust.
• State v. McGRIFF
  537 So. 2d 107· Fla.· 1989-01-19 ·cited 68×
  The Florida Supreme Court held that chapter 87-110, which amended the appellate sentencing review standard to allow departure sentences to be upheld when at least one valid reason exists, cannot be retroactively applied to offenses committed before July 1, 1987, as doing so would
• Senfeld v. The Bank of Nova Scotia Tr. Co. (cayman) Ltd.
  450 So. 2d 1157· Fla. 3d DCA· 1984-05-01 ·cited 68×
  Norman Senfeld appealed a judgment for $30,000 (treble damages under Florida's theft statute) awarded to Bank of Nova Scotia Trust Company for wrongfully obtaining $10,000 in 1975. The court affirmed, rejecting arguments that the action was time-barred, that the theft statute cou