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

• 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).
• Oldden v. Tonto Realty Corp.
  143 F.2d 916· 2d Cir.· 1944-05-17 ·cited 10×·via Retroactivity Of Statutory Amendments
  A landlord must deduct security deposit from the total allowable claim under Bankruptcy Act § 63, sub. a(9), not from the total damages calculated under the lease, to avoid exceeding the statutory limit.
• 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.
• Total Care Restoration, LLC v. Citizens Prop. Ins. Corp.
  337 So. 3d 74· Fla. 4th DCA· 2022-04-20 ·cited 9×
  The appellate court affirmed a lower court's decision, holding that a 10-day notice requirement for assigning insurance benefits applies to assignments executed after the statute's effective date, even if the underlying policy was issued earlier. This clarifies the application of
• 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
• 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
• Morris v. Tonda S. Swanson
  940 So. 2d 1256· Fla. 1st DCA· 2006-11-06 ·cited 9×·via Retroactivity Of Statutory Amendments
  In this child support case, the Florida First District Court of Appeal affirmed that a father's child support obligation runs from the child's birth date, not from two years before the mother's petition filing, rejecting the father's argument that the 1998 amendment to section 61
• 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'Aquisto v. Costco Wholesale Corp.
  816 So. 2d 1231· Fla. 5th DCA· 2002-05-31 ·cited 9×·via Retrospective Application
  A newly announced Florida Supreme Court decision establishing a rebuttable presumption of negligence for slip-and-fall cases caused by foreign substances on premises applies retroactively to cases pending on appeal following entry of a summary judgment, even though the opinion re
• McMILLIAN v. State
  746 So. 2d 1234· Fla. 1st DCA· 1999-12-29 ·cited 9×·via Retrospective Operation Of Statutes
  McMillian appeals a trial court's denial of his request to reconsider past child support owed, challenging whether a 1998 amendment to Florida's child support statute limiting retroactive support to 24 months should apply retroactively to his case. The court affirmed, holding tha
• 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.
• Downs v. Dir., Off. OF Workers Comp. Programs, United States Dep't OF Labor, Tex. Star Shipping Co. & Tex. Emp'rs Ins. Assn.
  803 F.2d 193· 5th Cir.· 1986-10-27 ·cited 9×·via Retroactivity Of Statutory Amendments
  The court held that the 1984 amendment to § 908(i) applies retroactively to bar challenges to the settlement order, and § 922 cannot be used to modify a final settlement order.
• 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.
• 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.
• Brown v. Safepoint Ins. Co.
  388 So. 3d 242· Fla. 2d DCA· 2025-03-07 ·cited 8×
  Luis Brown and Mirta Moreno appealed the dismissal of their insurance complaint against Safepoint Insurance for failure to comply with the statute of limitations. The Florida Second District Court of Appeal affirmed the dismissal, rejecting arguments for equitable tolling and ret
• 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.
• 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×
  A prior uncounseled misdemeanor DUI conviction cannot be used to enhance a fourth DUI to a felony unless the State presents evidence—such as a change-of-plea form or plea colloquy transcript—establishing that the defendant was offered and validly waived counsel at the time of the
• 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