Retroactive Application Of Statutes

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

• Barnhill v. State
  788 So. 2d 313· Fla. 5th DCA· 2001-05-11 ·cited 8×
  The Florida District Court of Appeal affirmed in part and reversed in part a lower court's denial of a motion for postconviction relief. The court held that the appellant was correctly classified as an habitual offender under the statute in effect at the time of his sentencing, b
• THE Palms v. Magil Constr. Fla., Inc.
  785 So. 2d 597· Fla. 3d DCA· 2001-04-18 ·cited 8×
  The court held that the 2000 amendment to Florida Statute § 489.128, which eliminated a contractor's right to cure unlicensed status, is not retroactive and therefore does not apply to contracts entered into before the amendment. The trial court properly denied the owner's motion
• Russell Corp. & Gab Robins v. Jacobs
  782 So. 2d 404· Fla. 1st DCA· 2001-01-17 ·cited 8×
  Russell Corporation and Gab Robins appealed a Judge of Compensation Claims' decision declining to apply a 1998 amendment to section 440.09(4), Florida Statutes, to a petition filed before the amendment's effective date. The appellate court held that the amendment is procedural ra
• Williams v. State
  743 So. 2d 1154· Fla. 2d DCA· 1999-10-13 ·cited 8×
  The court held that the Prison Releasee Reoffender Act is constitutional, but its application violates the ex post facto clause when the qualifying events occurred before the Act's effective date.
• DOE v. Am. Online, Inc.
  718 So. 2d 385· Fla. 4th DCA· 1998-10-14 ·cited 8×
  Jane Doe appeals the dismissal of her complaint against America Online for knowingly allowing a user to distribute child pornography involving her son. The court affirms the dismissal, holding that section 230 of the Communications Decency Act provides AOL with immunity from liab
• Inquiry Concerning a Judge No. 95-412
  692 So. 2d 168· Fla.· 1997-04-17 ·cited 8×
  The Florida Supreme Court upheld a Judicial Qualifications Commission recommendation to remove County Court Judge June LaRan Johnson for knowingly and repeatedly backdating judicial records in DUI cases to circumvent Department of Motor Vehicles license suspension requirements. T
• Martinez v. Weyerhaeuser Mortg. Co.
  959 F. Supp. 1511· S.D. Fla.· 1996-08-30 ·cited 8×
  The court granted in part and denied in part the defendant's motion to dismiss and for partial summary judgment, striking certain affidavit portions, dismissing some TILA and unjust enrichment claims, and interpreting the retroactive application of TILA Amendments.
• Francie Diana v. HLS Cos. & CNA Ins. Cos.
  670 So. 2d 125· Fla. 1st DCA· 1996-03-11 ·cited 8×
  Francie Diana appealed a workers' compensation decision denying her permanent total disability (PTD) benefits from her physical maximum medical improvement date, denying an average weekly wage adjustment for fringe benefits, and denying attendant care. The court affirmed the deci
• Montague v. State
  656 So. 2d 508· Fla. 2d DCA· 1995-05-12 ·cited 8×
  Jesse Montague appeals his sentences for three counts of sexual activity with a child by a person in familial authority, challenging the trial court's assessment of 120 victim injury points based on penetration alone without evidence of specific physical injury or trauma. The cou
• Kleshinski v. State
  620 So. 2d 1303· Fla. 2d DCA· 1993-07-09 ·cited 8×
  The court held that a conviction must be reversed if there is insufficient evidence, and sentences must be corrected if the guidelines scoresheet contains errors.
• Moultrie v. State
  618 So. 2d 789· Fla. 1st DCA· 1993-05-21 ·cited 8×
  David Devon Moultrie appealed the revocation of his probation and resulting 9-year sentence, challenging whether the trial court properly refused to credit him for the entire 4.5-year term of his original sentence. The First District Court of Appeal affirmed the sentence but reve
• Parton v. GTE North
  971 F.2d 150· 8th Cir.· 1992-07-31 ·cited 8×
  The court held that Parton's discharge was not gender-motivated and that the Civil Rights Act of 1991 does not apply retroactively, affirming the denial of compensatory/punitive damages and the reduced attorney fee award.
• Maison Grande Condo. Ass'n, Inc. v. Dorten, Inc.
  600 So. 2d 463· Fla.· 1992-06-04 ·cited 8×
  The Florida Supreme Court held that an escalation clause in a condominium recreation lease entered before 1975 is unenforceable after October 1, 1988, under the contracts clause because retroactive application of Florida's condominium statute would violate constitutional protecti
• The Nat'l Wildlife Fed'n v. The Agric. Stabilization & Conservation Serv.
  955 F.2d 1199· 8th Cir.· 1992-02-05 ·cited 8×
  The court vacated the district court's judgment and remanded the case because subsequent amendments to the relevant statutes provided for a good-faith exemption and graduated sanctions, which required reconsideration by the Secretary of Agriculture.
• United States v. Shields
  939 F.2d 780· 9th Cir.· 1991-07-24 ·cited 8×
  The court held that while quantity and duration of the offense are proper grounds for upward departure from the Sentencing Guidelines, reliance on the defendants' 'role in the offense' as defined by U.S.S.G. § 3B1.1 is impermissible for departure if already accounted for in the o
• First Nationwide Bank v. Fla. Software Servs., Inc.
  770 F. Supp. 1537· M.D. Fla.· 1991-07-19 ·cited 8×
  The court held that the acquisitions of the insolvent financial institutions by FNB did not violate the anti-assignment clauses of the software license agreements, and Kirchman and FSS were not entitled to new license fees.
• Whirlpool Corp. & Aetna Life Ins. Co. v. Ritter
  929 F.2d 1318· 8th Cir.· 1991-04-10 ·cited 8×
  The court held that while Oklahoma law governs the dispute, applying Oklahoma's statute retroactively to pre-existing insurance contracts unconstitutionally impairs contractual obligations.
• Steinhorst v. State
  574 So. 2d 1075· Fla.· 1991-01-15 ·cited 8×
  Walter Steinhorst, a death row inmate, appealed the denial of his Rule 3.850 post-conviction motion challenging his conviction and sentence for four first-degree murders committed during a marijuana smuggling operation. The Florida Supreme Court upheld the denial, finding no Brad
• Datamatic Servs. v. United States
  909 F.2d 1029· 7th Cir.· 1990-08-09 ·cited 8×
  The court affirmed the district court's decision, holding that the admission of a letter was harmless error and that Datamatic waived several arguments by failing to raise them below.
• Wiggins v. Commissioner OF Internal Revenue
  904 F.2d 311· 5th Cir.· 1990-06-29 ·cited 8×
  The retroactive application of an amendment to Internal Revenue Code section 55(f)(2) to clarify that investment tax credit recapture is not included in regular tax for alternative minimum tax purposes was not an unconstitutional taking of property without due process.
• Campagnulo v. Williams
  563 So. 2d 733· Fla. 4th DCA· 1990-06-06 ·cited 8×
  Campagnulo appealed a summary judgment dismissing his dental malpractice action against dentists Williams and Trippensee for failure to comply with Florida's pre-suit notice requirement under section 768.57. The court affirmed the constitutionality of the statute and its applicat
• State v. Pastor
  556 So. 2d 1112· Fla.· 1990-02-15 ·cited 8×
  Double jeopardy claims based on Carawan cannot be applied retroactively on a motion for postconviction relief.
• Sifers v. Gen. Marine Catering Co.
  892 F.2d 386· 5th Cir.· 1990-01-03 ·cited 8×
  The court held that Protection and Indemnity (P&I) insurance is a form of 'ocean marine insurance' exempt from LIGA coverage, and that 'other insurance' clauses in conflicting policies are mutually repugnant and should be disregarded. However, Jones Act and general maritime claim
• Weltman v. Ozzie Silna
  879 F.2d 425· 8th Cir.· 1989-07-19 ·cited 8×
  The court held that the district court erred in applying the amended Delaware partnership law retroactively to determine the validity of the partnership amendment. The court reversed and remanded for further proceedings.
• Sarfati v. Wood Holly Assocs.
  874 F.2d 1523· 11th Cir.· 1989-06-13 ·cited 8×
  The court held that the two-year statute of limitations in effect when the cause of action accrued applies because the limitations period is substantive and part of the statutorily created right, and Congress did not intend retroactive application of the amended three-year period
• Valladares v. P.W. Keohane
  871 F.2d 1560· 11th Cir.· 1989-05-05 ·cited 8×
  The court held that the Sentencing Reform Act's transition provisions did not retroactively repeal prior parole ineligibility statutes, and thus did not grant Valladares a right to immediate parole consideration.
• United States v. Berkery
  865 F.2d 587· 3d Cir.· 1989-01-17 ·cited 8×
  The court held that requiring a defendant to admit all elements of a crime to receive an entrapment defense jury instruction, when that requirement was later invalidated by the Supreme Court, constitutes reversible error that is not harmless beyond a reasonable doubt, requiring a
• Util. Trailer Mfg. v. Green Cornett and Betty Cornett
  526 So. 2d 1064· Fla. 1st DCA· 1988-06-22 ·cited 8×
  Utility Trailer Manufacturing Co. appeals the denial of its motion to dismiss for lack of personal jurisdiction in a product liability case brought by Georgia residents for injuries allegedly sustained in Alabama from a trailer manufactured by defendant and sold through an Iowa d
• Fontenot v. La. Bd. OF Elementary & Secondary Educ.
  835 F.2d 117· 5th Cir.· 1988-01-07 ·cited 8×
  The court held that the Eleventh Amendment does not bar attorney's fees awards against the state when Congress authorizes them under its Fourteenth Amendment enforcement power, and the district court did not abuse its discretion in awarding fees.
• United States v. Hill
  676 F. Supp. 1158· N.D. Fla.· 1987-11-12 ·cited 8×
  The court determined that the 1986 amendments to the False Claims Act should be applied retroactively to the defendants' conduct, as neither statutory direction nor legislative history indicated otherwise, and retroactive application would not result in manifest injustice.
• Meadows v. Manfred G. Holland
  831 F.2d 493· 4th Cir.· 1987-10-16 ·cited 8×
  The majority decision improperly overruled prior panel precedent (Adkins) by disregarding established principles of federal collateral review and habeas corpus jurisprudence.
• Williams v. State
  510 So. 2d 1222· Fla. 5th DCA· 1987-08-13 ·cited 8×
• News-Press Publ'g Co., Inc. v. Kaune
  511 So. 2d 1023· Fla. 2d DCA· 1987-07-29 ·cited 8×
  The News-Press Publishing Company appealed an order denying its petition for a writ of mandamus seeking access to medical examination reports and drug-screening documents of Fort Myers firefighters. The Florida District Court of Appeal affirmed the denial, holding that the medica
• Dion v. Sec'y OF Health & Human Servs.
  823 F.2d 669· 1st Cir.· 1987-07-09 ·cited 8×
  The court held that the offset provision of 42 U.S.C. § 1320a-6 should not be applied retrospectively to a claimant whose entitlement was determined before the statute's effective date, even if the final adjudication occurred after that date.
• Miller v. City OF Fort Lauderdale
  508 So. 2d 1328· Fla. 4th DCA· 1987-06-24 ·cited 8×
  Mark Miller appealed a summary judgment in favor of the City of Fort Lauderdale after his automobile struck a street light pole following a collision with another vehicle. The Fourth District Court of Appeal affirmed the judgment, holding that the city's decision regarding the pl
• Umbel v. Dipakkumar M. Upadhyaya
  508 So. 2d 32· Fla. 2d DCA· 1987-05-06 ·cited 8×
  In a medical malpractice case, the court held that attorney's fees awarded to the prevailing party are governed by the statute in effect when the cause of action accrued, not when judgment was entered, even though the statute was repealed before the award was made.
• Willer v. Pierce
  505 So. 2d 441· Fla. 4th DCA· 1987-04-29 ·cited 8×
• FMC Wyo. Corp. v. Hodel
  816 F.2d 496· 10th Cir.· 1987-04-09 ·cited 8×
  The court held that the Secretary of the Interior's readjustment of coal lease royalty rates was both timely and lawful, affirming the application of the Federal Coal Leasing Amendments Act of 1976 to pre-existing leases with post-amendment anniversary dates.
• Dilla v. State
  503 So. 2d 1316· Fla. 2d DCA· 1987-03-04 ·cited 8×
  Michael Dilla appealed his sentencing for extortion, challenging the imposition of court costs under a statute that became effective after his crime was committed. The court held that applying the statute retroactively violated ex post facto provisions and that the trial court fa
• Snell v. State
  502 So. 2d 489· Fla. 4th DCA· 1987-02-11 ·cited 8×
  The court affirmed the conviction but reversed the order for restitution and costs.
• Olita D. Wilson v. Harris Tr. & Sav. Bank
  777 F.2d 1246· 7th Cir.· 1985-11-26 ·cited 8×
  The court held that 11 U.S.C. § 525, as it existed prior to the 1984 amendment, did not apply to private employers and therefore did not prohibit a private employer from terminating an employee due to bankruptcy.
• Graham v. Commissioner OF Internal Revenue
  770 F.2d 381· 3d Cir.· 1985-08-28 ·cited 8×
  The court held that IRS agents' good faith reliance on facially valid Rule 6(e) orders, even if later deemed invalid, permits the use of information obtained from grand jury materials as a basis for tax deficiency notices.
• Toinette Durring and Regina Everett v. Reynolds
  471 So. 2d 603· Fla. 1st DCA· 1985-06-18 ·cited 8×
  Toinette Durring and Regina Everett were injured in an automobile accident on an interstate highway designed by Reynolds, Smith & Hills in 1958-1962. They sued for negligent design in 1983, but the defendant sought summary judgment based on a 15-year statute of repose enacted in
• United States v. Montgomery Cnty.
  761 F.2d 998· 4th Cir.· 1985-05-09 ·cited 8×
  The court held that the Montgomery County transient rental tax was intended to apply to the occupants of hotel rooms, not the entity that booked the rooms, and therefore the tax did not violate the Supremacy Clause when applied to the National Institutes of Health.
• United States v. Ilario M.A. Zannino
  761 F.2d 52· 1st Cir.· 1985-05-03 ·cited 8×
  The dissenting judge believes Congress did not intend the new Bail Act's 'dangerous person' detention provision to apply retroactively to individuals already released on bail before the Act's passage.
• Alexander v. Robinson
  756 F.2d 1153· 5th Cir.· 1985-04-08 ·cited 8×
  The court held that the reduction of current food stamp benefits to offset past inadvertent overissuances is a prospective application of the statute, and even if considered retroactive, the statute is remedial and can be applied retroactively.
• Tindall v. James E. Miller, M.D.
  463 So. 2d 1262· Fla. 2d DCA· 1985-01-23 ·cited 8×
  In a medical malpractice case, the trial court awarded attorney's fees to the prevailing defendants under Florida Statute §768.56. The appellate court reversed, holding that the statute cannot be retroactively applied to causes of action that accrued before the statute's effectiv
• League OF Women Voters OF Tulsa, Inc. v. The United States Corps OF Eng'rs
  730 F.2d 579· 10th Cir.· 1984-03-14 ·cited 8×
  The court held that the final contract for water storage space was not a major federal action requiring a NEPA impact statement because all significant decisions and actions regarding the project and the contract's subject matter had been made prior to NEPA's enactment.
• Meller v. The Heil Co.
  745 F.2d 1297· 10th Cir.· 1984-01-16 ·cited 8×
  The court held that evidence of post-manufacture design changes was admissible to show the feasibility of alternative designs under Federal Rule of Evidence 407 and that the Colorado statute did not bar its admission. The court also held that the exclusion of drug paraphernalia e
• State OF NEW Jersey v. Hufstedler
  724 F.2d 34· 3d Cir.· 1983-12-27 ·cited 8×
  The court held that the 1978 amendments to the Elementary and Secondary Education Act apply retroactively to grants approved under earlier standards, and remanded the case for factual determinations.