Retroactive Application Of Statutes

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

• R.J. Reynolds Tobacco Co. v. Lyantie Townsend
  160 So. 3d 570· Fla. 1st DCA· 2015-04-09 ·cited 9×
  R.J. Reynolds appeals a trial court order denying its motion to apply the 2011 amended post-judgment interest rate to interest accrued after July 1, 2011 on a judgment entered in 2010. The appellate court reverses, holding that the 2011 amendment applies to post-judgment interest
• Zaborowski v. State
  126 So. 3d 405· Fla. 2d DCA· 2013-11-06 ·cited 9×
  Michael Zaborowski challenges the revocation of his probation and 28-month prison sentence on jurisdictional grounds, arguing his original five-year probationary term expired in 1997 before tolling amendments were enacted, and therefore the trial court lacked jurisdiction to revo
• Grace v. Fla. Parole Comm'n
  985 So. 2d 1213· Fla. 1st DCA· 2008-07-11 ·cited 9×
  Lonnie Grace challenged the Florida Parole Commission's imposition of special sexual offender conditions upon his conditional release, arguing the FPC lacked authority to impose such conditions for pre-1995 sexual battery convictions. The court affirmed the FPC's discretionary au
• In re Name Change Petition OF Bryan Patrick Mullin
  892 So. 2d 1214· Fla. 2d DCA· 2005-02-11 ·cited 9×
  An inmate serving time for a 1980 felony conviction petitioned to change his name for religious reasons. The circuit court denied the petition under a statute enacted in 1995 requiring restoration of civil rights, but the appellate court reversed, holding that the statute cannot
• Davis v. State
  892 So. 2d 518· Fla. 1st DCA· 2004-12-15 ·cited 9×
  Davis was convicted of burglary, aggravated battery, and false imprisonment. The appellate court reversed the burglary conviction because the trial judge improperly instructed the jury on the "remaining in" theory of burglary when the evidence showed lawful entry, and certified q
• D.S. Keanie v. Goldy
  698 So. 2d 1264· Fla. 5th DCA· 1997-08-01 ·cited 9×
  This appeal concerns whether judgment interest under Florida Statute § 55.03 (as amended in 1994) must be adjusted annually to reflect changing legal rates, and whether an insurance company's obligation to pay post-judgment interest ends upon tender of policy limits or acceptance
• Childers v. Dep't OF Env't Prot.
  696 So. 2d 962· Fla. 1st DCA· 1997-07-16 ·cited 9×
  The Florida Department of Environmental Protection suspended a commercial fisherman's saltwater products license for 90 days based on a criminal charge where the court withheld adjudication of guilt. The First District Court of Appeal reversed, holding that section 370.092(8)(b)
• Kraft Dairy Grp. & Ideal Mut. Ins. Co. v. Sorge
  634 So. 2d 720· Fla. 1st DCA· 1994-03-21 ·cited 9×
  The court held that claimant's counsel was not entitled to an attorney fee award because the claimant failed to prove 'economic loss' as required by the applicable statute in effect at the time of the injury.
• Est. OF Barbara L. Reynolds v. Martin
  985 F.2d 470· 9th Cir.· 1993-02-09 ·cited 9×
  The Civil Rights Act of 1991 applies to pending cases, entitling federal employees to pre- and post-judgment interest on awards under the Rehabilitation Act.
• Patria Publ'ns, Inc. v. Eladio Armesto & Periodico Patria, Inc.
  593 So. 2d 574· Fla. 3d DCA· 1992-02-04 ·cited 9×
  The court affirmed the trial court's judgment denying an injunction and affirmed the denial of attorney's fees, finding the statute for fees could not be applied retroactively.
• Fed. Deposit Ins. Corp. v. NEW Hampshire Ins. Co.
  953 F.2d 478· 9th Cir.· 1991-12-30 ·cited 9×
  The court held that the FDIC presented sufficient evidence to create a genuine issue of material fact regarding whether losses were discovered within the bond period, and that the six-year statute of limitations under FIRREA applies retroactively.
• Gen. Aviation, Inc. v. The Cessna Aircraft Co.
  915 F.2d 1038· 6th Cir.· 1990-10-03 ·cited 9×
  The court held that the "continuing relationship" clause did not override the explicit one-year term of the contract and that the parol evidence rule barred extrinsic evidence contradicting the written agreement. The court also found that aircraft are not motor vehicles under Mic
• Sunbelt Sav., FSB v. Bent Trail Phase IV Joint Venture
  907 F.2d 1569· 5th Cir.· 1990-08-09 ·cited 9×
  The court held that FIRREA grants jurisdiction to reconsider remand orders and its retroactive application does not violate due process.
• Paige Mitten v. Muscogee Cnty. Sch. Dist.
  877 F.2d 932· 11th Cir.· 1989-07-20 ·cited 9×
  Parents who successfully obtained a free and appropriate education for their handicapped child through administrative proceedings are prevailing parties entitled to attorney's fees under the Handicapped Children's Protection Act (HCPA).
• Richardson v. Honda Motor Co., Ltd.
  686 F. Supp. 303· M.D. Fla.· 1988-06-07 ·cited 9×
  The court held that Florida Statute § 45.061, which allows for the assessment of attorney's fees as a sanction for unreasonably rejecting a settlement offer, is substantive law and therefore applies prospectively only.
• Carl Marks & Co., Inc. v. Union OF Soviet Socialist Republics
  841 F.2d 26· 2d Cir.· 1988-02-29 ·cited 9×
  The Foreign Sovereign Immunities Act (FSIA) does not apply to claims arising before 1952, and the Litvinov Assignment does not waive immunity for suits to which the sovereign has not consented.
• McPHAUL v. State
  497 So. 2d 730· Fla. 2d DCA· 1986-11-14 ·cited 9×
  Defendant's sentence for violation of probation was remanded because the trial court applied sentencing guidelines to an offense committed before the guidelines were adopted without defendant's affirmative selection of guidelines sentencing, but resentencing was unnecessary since
• Smith v. State
  496 So. 2d 983· Fla. 3d DCA· 1986-11-04 ·cited 9×
  Court reversed convictions for second-degree murder and attempted second-degree murder because the trial court gave a jury instruction that was subsequently disapproved by the Florida Supreme Court in Yohn v. State, and the case was a 'pipeline case' subject to the new ruling.
• Aaacon Auto Transp., Inc. v. Interstate Commerce Comm'n & United States
  792 F.2d 1156· D.C. Cir.· 1986-06-10 ·cited 9×
  The court held that the Interstate Commerce Commission's revocation of Aaacon's operating authority was proper, rejecting Aaacon's procedural challenges.
• The HERTZ Corp. & Hertz Int'l, Ltd. v. Sylma Abadlia and Houcine Abadlia
  489 So. 2d 753· Fla. 4th DCA· 1985-12-31 ·cited 9×
  The Fourth District Court of Appeal reversed a trial court's denial of Hertz's motion to dismiss for lack of personal jurisdiction in a products liability case arising from a car rental accident in Tunisia. The court held that the complaint failed to establish the required nexus
• Moore v. Wyrick
  766 F.2d 1253· 8th Cir.· 1985-07-10 ·cited 9×
  The majority erred in finding that the Missouri Supreme Court's retroactive application of its felony murder statute construction deprived the petitioner of due process.
• Am. Cast Iron Pipe Co. v. Foote Bros. Corp.
  458 So. 2d 409· Fla. 4th DCA· 1984-11-07 ·cited 9×
  The court held that the amendment to Section 627.756 is a remedial statute that may be applied retroactively, and the trial court erred in limiting attorney's fees.
• Norene Parrish v. O. Lee Mullis, M.D.
  458 So. 2d 401· Fla. 1st DCA· 1984-11-01 ·cited 9×
  In this medical malpractice case, the Florida First District Court of Appeal reversed an award of attorney's fees to the defendant-physician, holding that section 768.56 cannot be constitutionally applied retroactively to causes of action that accrued before the statute's July 1,
• Doran v. Compton
  645 F.2d 440· 5th Cir.· 1981-05-20 ·cited 9×
  The court held that former Tex.Ins.Code Ann. art. 5.82, § 4, a statute of limitations, does not retroactively apply to causes of action that accrued prior to its enactment and were not then time-barred.
• Cook v. State
  391 So. 2d 362· Fla. 1st DCA· 1980-12-19 ·cited 9×
  Robert Cook was convicted of second-degree murder for assaulting Jimmy Saffold in an alley in Jacksonville, Florida in July 1978. On appeal, Cook challenged his conviction on grounds including improper application of the Youthful Offender Act, prosecutorial comments on his silenc
• Abell v. Frank
  625 F.2d 653· 5th Cir.· 1980-09-11 ·cited 9×
  The court held that abstention under the Pullman doctrine is appropriate because a newly enacted state privilege statute may resolve the federal constitutional issues presented.
• State v. Hayes
  305 So. 2d 819· Fla. 1st DCA· 1975-01-06 ·cited 9×
  The court affirmed the trial judge's order suppressing evidence obtained through a subpoena duces tecum used as a subterfuge for an unlawful search, and affirmed the denial of the appellees' motion to dismiss.
• Pruess v. Udall
  359 F.2d 615· D.C. Cir.· 1965-11-19 ·cited 9×
  The court held that the trial court erred by not considering the administrative record before rendering judgment and that the venue statute amendment applied retroactively to permit transfer.
• Roth v. Delano
  338 U.S. 226· U.S.· 1949-11-07 ·cited 9×
  The Court held that it should not decide the constitutionality of a repealed state statute, especially when doing so might render an advisory opinion, and vacated the judgment below.
• State v. LEE
  156 Fla. 494· Fla.· 1945-10-26 ·cited 9×
  The State Road Department chairman sought a mandamus writ to compel the state comptroller to pay his entire salary increase retroactively to January 2, 1945, when he took office. The Florida Supreme Court denied the writ, holding that a legislative amendment increasing the salary
• Ruppert v. Ruppert
  D.D.C.· 1942-12-15 ·cited 9×
  The court held that the doctrines of laches and estoppel are applicable to the facts presented, suggesting the marriage may be valid despite an invalid divorce.
• Hughes v. Universal Prop. & Cas. Ins. Co.
  374 So.3d 900· Fla. 6th DCA· 2023-11-22 ·cited 8×
• Hershenhorn v. Am. Home Assurance Co.
  2022 WL 196528· M.D. Fla.· 2022-02-15 ·cited 8×
  The court granted the plaintiff's request to stay the proceedings to allow for mediation.
• State v. Reininger
  254 So. 3d 996· Fla. 4th DCA· 2018-09-05 ·cited 8×
  The sentencing statute in effect at the time the crime was committed governs the sentence imposed, not the statute in effect at the time of conviction. Retroactive application of an amended sentencing statute violates Article X, section 9 of the Florida Constitution.
• Dimitri v. Commercial Ctr. of Miami Master Assoc.
  253 So. 3d 715· Fla. 3d DCA· 2018-08-08 ·cited 8×
  A master association that manages common property in a development composed of sub-associations, each responsible for condominium property within their respective buildings, is not a condominium "association" under Florida Statutes section 718.103(2) as defined in 1982 and is the
• Simona Bunin v. Matrixx Initiatives, Inc.
  197 So. 3d 1109· Fla. 4th DCA· 2016-06-01 ·cited 8×
  The court held that the trial court did not abuse its discretion in excluding the plaintiff's expert causation testimony under the Daubert standard as applied by the amended statute, but reversed the cost judgment regarding attorney travel expenses and certain expert fees.
• Rizo v. State Farm Fla. Ins. Co.
  133 So. 3d 1114· Fla. 3d DCA· 2014-02-05 ·cited 8×
  Ms. Rizo appealed a summary judgment dismissing her breach of contract claim against her homeowner's insurer as time-barred. The court reversed, holding that the statute of limitations for a supplemental insurance claim runs from the date of the alleged breach of that claim, not
• Smart v. State
  114 So. 3d 1048· Fla. 1st DCA· 2013-06-03 ·cited 8×
  James Smart appeals his convictions for attempted second-degree murder and attempted armed robbery. The court affirms the convictions and the consecutive sentencing scheme but reverses the illegal life sentences imposed on the attempted murder counts, which should have been cappe
• Hyden v. State
  117 So. 3d 1· Fla. 2d DCA· 2011-08-24 ·cited 8×
  The court agreed that the defendant's felony DUI conviction must be reversed due to the Florida Supreme Court's recent opinion in State v. Kelly.
• Rosado v. Daimlerchrysler Fin. Servs. Tr.
  1 So. 3d 1200· Fla. 2d DCA· 2009-02-06 ·cited 8×
  This case addresses whether the federal Graves Amendment preempts Florida's statute requiring long-term automobile lessors to maintain specified insurance coverage or face vicarious liability under the dangerous instrumentality doctrine. The court holds that the Graves Amendment
• Thompson v. State
  987 So. 2d 727· Fla. 4th DCA· 2008-06-25 ·cited 8×
  Arthur Thompson was convicted of first-degree murder, burglary with assault and battery, and robbery arising from a single criminal episode. The trial court initially imposed consecutive sentences enhanced by the habitual felony offender (HFO) designation, but deleted the HFO des
• Mitchell v. State
  965 So. 2d 246· Fla. 4th DCA· 2007-09-12 ·cited 8×
  Milton Mack Mitchell, Sr. was convicted of first-degree murder and possession of a firearm by a convicted felon for shooting Henry Wilson. On appeal, Mitchell challenged the exclusion of several hearsay statements and expert testimony, as well as the denial of a self-defense jury
• Cutwright v. State
  934 So. 2d 667· Fla. 2d DCA· 2006-08-04 ·cited 8×
  Michael Kevin Cutwright appealed his convictions for sexual battery and criminal contempt, challenging both the convictions and sentences imposed. The court affirmed the sexual battery conviction but reversed the criminal contempt conviction due to procedural defects in the judgm
• Stewart v. State
  916 So. 2d 53· Fla. 2d DCA· 2005-12-14 ·cited 8×
  Florida appellate court affirmed robbery conviction but remanded to strike a $50 fine imposed under the wrong statutory version, as the 2003 version applicable to the crime required discretionary imposition with oral pronouncement at sentencing.
• Advanced Prot. Techs., Inc. v. Square D Co.
  390 F. Supp. 2d 1155· M.D. Fla.· 2005-04-27 ·cited 8×
  The court held that a joint venture requires an agreement to share profits and losses, and oral agreements for ventures lasting over a year are barred by the statute of frauds, thus dismissing claims dependent on a joint venture. However, claims not dependent on the joint venture
• State v. Carlton Wayne Bell
  882 So. 2d 468· Fla. 5th DCA· 2004-09-17 ·cited 8×
  The State appeals the trial court's dismissal of a drug possession charge against Carlton Wayne Bell. The appellate court reverses, holding that the evidence presented—including testimony about controlled drug buys at Bell's residence, his arrest in the room where drugs were foun
• Mallory v. State
  866 So. 2d 127· Fla. 4th DCA· 2004-02-11 ·cited 8×
  Curtis Mallory appealed his conviction for possession of a firearm by a convicted felon, arguing the trial court erred in denying his motion to suppress evidence. The appellate court addressed whether a 2003 statutory amendment eliminating the requirement to renew suppression obj
• Silvers v. Wal-Mart Stores, Inc.
  826 So. 2d 513· Fla. 4th DCA· 2002-09-25 ·cited 8×
  In this slip-and-fall case, the appellate court reversed a directed verdict against the plaintiff, holding that she established a prima facie case of negligence based on evidence that Wal-Mart was mopping the floor at the time of the incident and had placed warning cones.
• Sigafoos v. State
  825 So. 2d 529· Fla. 2d DCA· 2002-09-13 ·cited 8×
• Polk Cnty. Bocc & Commercial Risk Mgmt. v. Special Disability Tr. Fund
  791 So. 2d 581· Fla. 1st DCA· 2001-08-10 ·cited 8×
  The court held that the employer's initial letter constituted a notice of claim and that the amended statute's one-year deadline for filing a proof of claim could constitutionally be applied retroactively.