Retroactive Application Of Statutes

2,388 Florida cases classified under this topic · sorted by citation count

• Bullard v. W.J. Estelle, Jr.
  708 F.2d 1020· 5th Cir.· 1983-07-05 ·cited 10×
  The court vacated the district court's grant of habeas relief and remanded with instructions to dismiss the case with prejudice due to lack of a live case or controversy.
• Gourley v. State
  432 So. 2d 755· Fla. 5th DCA· 1983-06-09 ·cited 10×
• In re Gifford
  688 F.2d 447· 7th Cir.· 1982-08-18 ·cited 10×
  The court held that 11 U.S.C. § 522(f) applies to pre-enactment security interests and its application does not violate the Fifth Amendment's due process or taking clauses.
• Galbreath v. Cyril Michael Shortle
  416 So. 2d 37· Fla. 4th DCA· 1982-06-30 ·cited 10×
  The court reversed a dismissal of a negligence suit against a police officer and city, holding that the amended governmental immunity statute limiting liability to bad faith conduct does not apply retroactively to accidents occurring before the amendment's effective date.
• Bd. OF Trs. OF the Internal Improvement Tr. Fund OF the State OF Fla. v. Paradise Fruit Co., Inc.
  414 So. 2d 10· Fla. 5th DCA· 1982-04-28 ·cited 10×
  The Marketable Record Title Act (MRTA) perfected title to sovereignty lands conveyed by a deed recorded over thirty years prior, and a subsequent amendment excepting such lands cannot be applied retroactively.
• Melvin Greer, M.D. v. Mathews
  409 So. 2d 1105· Fla. 1st DCA· 1982-01-28 ·cited 10×
  The court held that the state's common law venue privilege does not extend to actions against state employees sued in their individual capacities, even when the state agency is also joined.
• COX v. State
  407 So. 2d 633· Fla. 3d DCA· 1981-12-08 ·cited 10×
  Cox appeals a denial of his Rule 3.850 motion claiming ineffective assistance of counsel for his trial attorney's failure to object to prosecution testimony about his post-arrest silence. The court affirms the denial, holding that counsel cannot be deemed ineffective for failing
• Bureau of Crimes Comp. v. Cary J. Williams
  405 So. 2d 747· Fla. 2d DCA· 1981-10-14 ·cited 10×
  The Bureau of Crimes Compensation appeals an award of attorney's fees to Cary J. Williams in a workers' compensation case. The court holds that Williams was not entitled to attorney's fees because the legislature repealed the statutory provision authorizing such fees on July 1, 1
• JePhunneh Lawrence v. Staats
  665 F.2d 1256· D.C. Cir.· 1981-09-11 ·cited 10×
  The court denied a petition for rehearing, finding that applying a recent amendment to Title VII would cause manifest injustice to the employee by potentially losing his Fifth Amendment claim and facing new procedural hurdles.
• Erno A. Brown v. Stansfield Turner
  659 F.2d 1199· D.C. Cir.· 1981-07-14 ·cited 10×
  Title VII of the Civil Rights Act of 1964 does not apply retroactively to alleged discrimination by federal agencies prior to March 24, 1972, if no administrative or judicial proceeding was pending on that effective date.
• Hovnanian Fla., Inc. v. Div. OF Fla. Land Sales & Condos.
  401 So. 2d 851· Fla. 1st DCA· 1981-07-07 ·cited 10×
  A Florida appellate court upheld an administrative order prohibiting enforcement of an escalation clause in a condominium recreation lease, holding that applying the statutory prohibition to a lease incorporated into a declaration of condominium filed after the statute's effectiv
• Smith v. Lew Brantley
  400 So. 2d 443· Fla.· 1981-06-18 ·cited 10×
  In this constitutional case, the Florida Supreme Court held that a public officer's resignation stated to be effective immediately becomes effective upon submission without requiring gubernatorial acceptance, and that the legislature lacks subject matter jurisdiction to impeach a
• Iowa Pub. Serv. Co. v. Interstate Commerce Comm'n & United States
  643 F.2d 542· 8th Cir.· 1981-03-16 ·cited 10×
  The court affirmed the ICC's market dominance finding but remanded several cost determination issues for reconsideration, while also directing the ICC to consider energy implications and upholding the timeliness of refund awards.
• Xaphes v. Shearson
  508 F. Supp. 882· S.D. Fla.· 1981-02-23 ·cited 10×
  The court held that the equitable defense of 'in pari delicto' did not bar the plaintiff's securities fraud claim because the plaintiff was not a 'tippee' with a duty to disclose, and the defendants' alleged conduct constituted a 'double fraud'.
• Klapac v. McCORMICK
  640 F.2d 1361· D.C. Cir.· 1981-01-30 ·cited 10×
  The court held that a district court's finding of no discriminatory intent implicitly addresses the issue of pretext, and that past discrimination before the 1972 Act's extension to federal employees does not independently entitle a plaintiff to relief.
• United States ex rel. Robert Pullia v. Luther
  635 F.2d 612· 7th Cir.· 1980-12-02 ·cited 10×
  The court held that the Parole Act's provision for termination of parole supervision after five years does not mandate automatic termination without a Commission decision and that the remedy for the Commission's failure to meet deadlines is to compel a decision, not automatic rel
• United States ex rel. Lawrence Williams v. Morris
  633 F.2d 71· 7th Cir.· 1980-10-22 ·cited 10×
  The failure to inform a state criminal defendant of a mandatory parole term attached to a negotiated plea agreement violates the Due Process Clause of the Fourteenth Amendment, unless the defendant had no basis for expecting less than the statutory maximum or the sentence imposed
• Garris v. Hanover Ins. Co.
  630 F.2d 1001· 4th Cir.· 1980-09-04 ·cited 10×
  The retroactive application of S.C.Code § 38-37-940(2)'s private enforcement provision impermissibly impairs contractual obligations under the Contract Clause.
• FOX v. Parker
  626 F.2d 351· 4th Cir.· 1980-07-23 ·cited 10×
  The court held that the Civil Rights Attorney’s Fees Awards Act of 1976 applies to cases pending on its effective date, but fees cannot be awarded for services related to a voluntarily dismissed appeal because the party was not the "prevailing party" for that portion.
• Golden Glades Club Rec. Corp. v. Ass'n OF Golden Glades Condo. Club, Inc.
  385 So. 2d 103· Fla. 3d DCA· 1980-06-10 ·cited 10×
  The court held that while the statute voided escalation clauses, the summary judgment was overbroad in dismissing all claims for unpaid rent.
• Lincoln Isaac v. Engle
  646 F.2d 1122· 6th Cir.· 1980-02-08 ·cited 10×
  The court held that Ohio's contemporaneous objection rule could not be used to deny the retroactive benefit of the Robinson decision, as doing so violated due process.
• Gonzales v. Jacksonville Gen. Hosp.
  365 So. 2d 800· Fla. 1st DCA· 1978-12-22 ·cited 10×
  The court reversed a summary judgment, holding that the two-year statute of limitations for medical malpractice did not apply to the nurse-supplying agencies, and the four-year statute of limitations for actions not specifically provided for should apply.
• Haney v. Holmes
  364 So. 2d 81· Fla. 2d DCA· 1978-11-08 ·cited 10×
  The court held that the statute of limitations applicable to the plaintiff's claim was the one in effect prior to the amendment of the probate code, as the new statute could not be applied retrospectively to shorten the time for bringing the action.
• Samuelson v. Susen
  576 F.2d 546· 3d Cir.· 1978-04-21 ·cited 10×
  The court held that Federal Rule of Evidence 501 requires application of the forum state's privilege law in diversity cases, and that Ohio Revised Code § 2305.251, being procedural, applies retroactively to bar discovery of medical review committee proceedings.
• Arkoosh v. Dean Witter & Co., Inc.
  571 F.2d 437· 8th Cir.· 1978-03-09 ·cited 10×
  The court held that the district court did not err in refusing to set aside the arbitration award, finding the plaintiff's challenge untimely and that applying the regulation retroactively would cause substantial injustice.
• Taplin v. Sol Taplin
  341 So. 2d 1064· Fla. 3d DCA· 1977-02-01 ·cited 10×
  Shirley Taplin appealed an order denying her motion to dismiss her ex-husband Sol's cross-petition for reduction in alimony. The court held that modification of alimony requires a showing of substantial change in circumstances, and that the rehabilitative concept from Florida's n
• Nat'l Consumer Info. Ctr. v. Gallegos
  549 F.2d 822· D.C. Cir.· 1977-01-18 ·cited 10×
  The court held that NCIC was entitled to mandatory funding under the old Section 228(c) until January 4, 1975, after which funding became discretionary. The court also affirmed the denial of NCIC's claim to Section 221 procedural rights.
• Wallace v. House
  538 F.2d 1138· 5th Cir.· 1976-09-17 ·cited 10×
  The court held that the district court did not abuse its discretion in ordering a single-member reapportionment plan and that the amended Voting Rights Act allowing attorneys' fees applies retroactively.
• Fletcher v. The Hous. Auth. OF Louisville
  525 F.2d 532· 6th Cir.· 1975-10-24 ·cited 10×
  The court held that the Housing and Community Development Act of 1974 does not retroactively validate the Housing Authority of Louisville's prior discriminatory admissions policy, and the prior judgment stands.
• Fla. E. Coast Ry. Co. v. City OF Miami
  299 So. 2d 152· Fla. 3d DCA· 1974-09-03 ·cited 10×
  The court held that the trial court abused its discretion by granting a temporary injunction without adequate basis in the complaint or evidence, and by denying the motion to dissolve it.
• Reserve Life Ins. Co. & Midland Nat'l Life Ins. Co. v. Provident Life Ins. Co.
  499 F.2d 715· 8th Cir.· 1974-06-21 ·cited 10×
  The court held that the extension of the voting trust was valid under North Dakota law and exempt from registration under the Securities Act of 1933 and state blue sky laws, but reversed and remanded because the solicitation for the extension violated the Securities Exchange Act
• The Robinswood Cmty. Club v. Volpe
  506 F.2d 1366· 9th Cir.· 1974-03-26 ·cited 10×
  The court held that under the CEQ guidelines, an environmental impact statement was not required for the highway project because it was not practicable to halt construction, despite federal actions occurring after NEPA's effective date.
• Courtney v. United States
  486 F.2d 1108· 9th Cir.· 1973-09-27 ·cited 10×
  The court held that any technical violation of the Bruton rule was harmless beyond a reasonable doubt because the joint representation, while precluding cross-examination of a co-defendant, did not prejudice the appellant given the cooperative defense strategy and the witness's s
• Debbie and Doreen Soria v. Oxnard Sch. Dist. Bd. OF Trs.
  467 F.2d 59· 9th Cir.· 1972-08-21 ·cited 10×
  The court held that Section 803 of the Education Amendments of 1972 does not apply retroactively to suspend a desegregation order that was already in operation when the statute became effective.
• Tape Head Co., Inc. v. R C A Corp.
  452 F.2d 816· 10th Cir.· 1971-12-03 ·cited 10×
  The court held that a preliminary injunction was improperly granted because the record did not justify injunctive relief, the injunction was overly broad, and federal intervention was likely improper.
• The Twp. OF Hopewell v. Volpe
  446 F.2d 167· 3d Cir.· 1971-07-13 ·cited 10×
  The court held that the Township of Hopewell was barred by res judicata and collateral estoppel from pursuing its suit against the state and federal defendants, respectively.
• In re Petition for F. J. Reilly for Review of an Order of the Nat'l R.R. Adjustment Bd.
  442 F.2d 26· 7th Cir.· 1971-04-22 ·cited 10×
  The court held that the 1966 amendments to the Railway Labor Act, which authorized judicial review of non-monetary awards, do not apply retroactively to decisions rendered before the amendments were enacted.
• Bandy v. United States
  396 F.2d 929· 8th Cir.· 1968-07-05 ·cited 10×
  The court held that the defendant was not entitled to credit for time spent in custody prior to sentencing or after sentencing, as the relevant statutes and rules did not apply to his case.
• Atkins v. Schmutz Mfg. Co., Inc.
  372 F.2d 762· 6th Cir.· 1967-02-16 ·cited 10×
  A federal court sitting in Kentucky in a diversity case must apply Kentucky's statute of limitations, even if a subsequent change in Kentucky law bars a claim that was timely filed under prior controlling law.
• United States ex rel. James Irwin v. Pate
  357 F.2d 911· 7th Cir.· 1966-03-03 ·cited 10×
  The court held that the district court did not err in dismissing the petition for a writ of habeas corpus, affirming the judgment of dismissal.
• Athanasios Patsis v. Immigr. & Naturalization Serv.
  337 F.2d 733· 8th Cir.· 1964-10-29 ·cited 10×
  The court held that the statutory amendment excluding crewmen from suspension of deportation could be applied retroactively, and that the petitioner's repeated failure to file address reports prevented him from meeting the ten-year continuous presence requirement for discretionar
• Robinson v. Johnson
  110 So. 2d 68· Fla. 1st DCA· 1959-03-26 ·cited 10×
  Margaret Robinson sought review of a Florida Industrial Commission order denying her workmen's compensation claim as time-barred. The court held that a 1957 statute reducing the period of limitations from three to two years should not be applied retroactively to bar her claim tha
• The Fla. Nat'l Bank OF Jacksonville v. Gann
  101 So. 2d 579· Fla. 2d DCA· 1958-03-26 ·cited 10×
  The Florida National Bank as administrator of Mary E. Hall's estate sought a declaratory judgment to determine ownership of two parcels of real estate that had been conveyed to Hall jointly with her daughters. The court held that the 1927 statute abolishing the doctrine of surviv
• Matter of Moneys Deposited IN & NOW Under THE Control OF THE United States Dist. Court FOR THE W. Dist. OF Pa.
  243 F.2d 443· 3d Cir.· 1957-04-22 ·cited 10×
  The court held that the amended Bankruptcy Act provision barring state escheat of unclaimed bankruptcy funds does not apply retroactively to an escheat decreed before the amendment's enactment.
• Peony Park, Inc. v. O'Malley
  223 F.2d 668· 8th Cir.· 1955-06-24 ·cited 10×
  The court held that the 1951 amendment to the cabaret tax statute was not retroactive and did not apply to the tax periods in question. The court affirmed the dismissal of the taxpayers' refund petitions.
• Commissioner of Internal Revenue v. Copley's Estate
  194 F.2d 364· 7th Cir.· 1952-02-26 ·cited 10×
  The dissent argues that the Revenue Act of 1932 imposes a gift tax on the actual transfer of property, not on the promise to transfer.
• United States v. Gianoulis
  183 F.2d 378· 3d Cir.· 1950-06-29 ·cited 10×
  The 1949 amendment to the Housing and Rent Act of 1947, allowing the United States to sue for treble damages for rent overcharges, was intended to be retroactive.
• ORR v. United States
  174 F.2d 577· 2d Cir.· 1949-04-04 ·cited 10×
  The court held that the district court erred in dismissing the libel for improper venue, and that the case should be transferred to a proper district under 28 U.S.C.A. § 1406(a).
• Taft v. United States
  127 F.2d 876· 2d Cir.· 1942-04-24 ·cited 10×
  The court held that the policy had lapsed and that the action to compel reinstatement was barred. The judgment dismissing the petition to recover upon the policy was also affirmed.
• Iala Suarez v. Port Charlotte HMA, LLC
  171 So. 3d 740· Fla. 2d DCA· 2015-04-17 ·cited 9×
  Suarez appealed a circuit court's determination that it lacked jurisdiction to resolve a dispute over the amount of a Medicaid lien that the Agency for Health Care Administration (AHCA) was entitled to recover from a medical malpractice settlement. The court held that a 2013 stat