Retroactive Application Of Statutes

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

• Alexander v. State OF Md.
  719 F.2d 1241· 4th Cir.· 1983-10-20 ·cited 8×
  The court held that the state failed to prove Alexander would have been waived to adult court in 1961, and that his petition was not barred by laches under Habeas Rule 9(a).
• Stillwell v. Jack B. Thigpen, Jr., M.D.
  426 So. 2d 1267· Fla. 1st DCA· 1983-02-14 ·cited 8×
  The court reversed a summary judgment dismissing a medical negligence wrongful death action against state physicians, holding that a statute restricting liability for state employees cannot be retroactively applied to causes of action that accrued before the statute's effective d
• Suntide Condo. Ass'n, Inc. v. Div. of Fla. Land Sales & Condos.
  409 So. 2d 65· Fla. 1st DCA· 1982-01-12 ·cited 8×
  The Division has the authority to issue a cease and desist order regarding condominium common expense assessments, but the record is insufficient to review the constitutional claim of impairment of contract.
• Slaughter v. Pa. X-Ray Corp. & John J. Geiger v. Delco Gen. Truck Sales Co., Inc.
  638 F.2d 639· 3d Cir.· 1981-01-15 ·cited 8×
  A "loan receipt" arrangement between joint tortfeasors to fund a settlement is valid and not a prohibited settlement payment, and a comparative negligence statute does not apply retroactively to torts committed before its effective date.
• Lake Tippecanoe Owners Ass'n, Inc. v. Nat'l Lake Developments, Inc.
  390 So. 2d 185· Fla. 2d DCA· 1980-11-19 ·cited 8×
  The court held that retroactive application of Fla. Stat. § 718.401(4) to a pre-existing lease without express consent is an unconstitutional impairment of contract rights, thus the trial court erred in requiring payments under that statute.
• Transp. Enters., Inc. v. Nat'l Labor Relations Bd.
  630 F.2d 421· 5th Cir.· 1980-11-14 ·cited 8×
  An employer may rely on a formal decision by an NLRB regional office declining jurisdiction, and subsequent assertion of jurisdiction by the Board cannot retroactively transform lawful conduct into an unfair labor practice for back-pay purposes.
• Bernstein v. Commissioner OF Internal Revenue
  622 F.2d 442· 9th Cir.· 1980-06-30 ·cited 8×
  The court held that installment payments designated as 'alimony in gross' in a divorce decree are not deductible as periodic alimony payments under I.R.C. §§ 71 and 215, even if a subsequent state statute might have allowed modification.
• Appalachian Power Co. v. Train
  620 F.2d 1040· 4th Cir.· 1980-04-28 ·cited 8×
  The court held that EPA's amended regulations for BPT variances sufficiently comply with prior mandates by allowing consideration of cost and other statutory factors, and that § 301(7) does not prohibit variances for toxic pollutants under BPT limitations.
• Clark McPHAIL v. G. Frank Jenkins, D.D.S.
  382 So. 2d 1329· Fla. 1st DCA· 1980-04-25 ·cited 8×
  The court held that the Wrongful Death Act's definition of 'minor' at the time of the death, as interpreted by precedent, governed the claim, and the 1977 amendment could not be applied retroactively. The court also held that the allegations did not support claims for outrageous
• McINTIRE v. State
  381 So. 2d 1154· Fla. 5th DCA· 1980-02-27 ·cited 8×
  Appellant's felony conviction for delivery of cannabis in excess of five grams was reversed and remanded for entry of a misdemeanor conviction for delivery of not more than five grams because, under the retroactively applied Purifoy standard excluding both stems and stalks from w
• Commodore Plaza AT Century 21 Condo. Ass'n, Inc. v. Cohen
  378 So. 2d 307· Fla. 3d DCA· 1979-12-11 ·cited 8×
  The court held that applying the statute retroactively to impose attorneys' fees not originally bargained for unconstitutionally impairs the obligation of contract.
• Johnson v. Szymanski
  368 So. 2d 370· Fla. 2d DCA· 1979-02-09 ·cited 8×
  The court held that the two-year medical malpractice statute of limitations, which includes a discovery rule, applies when the malpractice is discovered after its effective date, even if the malpractice itself occurred before that date.
• Garrett v. Bamford
  582 F.2d 810· 3d Cir.· 1978-08-11 ·cited 8×
  The court held that while the district court correctly abstained, it erred in dismissing the action, and should have retained jurisdiction pending state court proceedings.
• Hosp. Emps. Labor Program OF Metro. Chicago v. Ridgeway Hosp.
  570 F.2d 167· 7th Cir.· 1978-01-11 ·cited 8×
  The court held that the amendment to § 2(2) of the Labor Management Relations Act, which brought not-for-profit hospitals under its coverage, does not apply retroactively to breaches of collective bargaining agreements that occurred before the amendment's effective date. Therefor
• Capuano v. State
  347 So. 2d 629· Fla. 4th DCA· 1977-05-06 ·cited 8×
  The appellate court reversed a trial court's denial of a motion to expunge an arrest record. The trial court had ruled the expungement statute was not retroactive, but the appellate court found it should be applied retroactively based on a subsequent Supreme Court decision.
• Lucien H. Martel v. Gibeaut, Inc.
  330 So. 2d 493· Fla. 4th DCA· 1976-04-15 ·cited 8×
  This case addresses whether a 1974 amendment to Florida's workers' compensation law, which removed a bar to certain lawsuits between subcontractors, could be applied retrospectively to an accident that occurred in 1972. The court held that applying the amendment retrospectively w
• McSHAY v. State
  321 So. 2d 464· Fla. 4th DCA· 1975-10-10 ·cited 8×
  The appellant was sentenced as a recidivist without following the procedural requirements of Fla.Stat. § 775.11. The court held that although the trial court failed to comply with § 775.11, this failure is not reversible error because the statute has since been repealed and proce
• Hoffmann v. Three Thousand S. Ass'n, Inc.
  318 So. 2d 486· Fla. 4th DCA· 1975-09-12 ·cited 8×
  The trial court erred in denying the defendants-appellants' motion to quash service of process because the statutes used for service were not effective at the time the cause of action arose and the plaintiff failed to rebut evidence of the inapplicability of the long-arm statute.
• Adams v. Brinegar
  521 F.2d 129· 7th Cir.· 1975-08-05 ·cited 8×
  The court held that Section 717 of the Equal Employment Opportunity Act of 1972 applies retroactively to federal employee discrimination claims pending administratively on its effective date.
• Colvin v. Estelle
  506 F.2d 747· 5th Cir.· 1975-01-15 ·cited 8×
  A new penal code with different sentencing does not entitle a prisoner to release if a saving clause preserves prior convictions and sentences.
• Fullerton Metal Co. & Zurich Ins. Co. v. Abell Howe Co. & Cent. Air Conditioning Co.
  299 So. 2d 151· Fla. 3d DCA· 1974-08-06 ·cited 8×
  The court held that a statutory amendment eliminating a cause of action should not be applied retrospectively unless the legislature clearly intends it.
• R & R Lounge, Inc. v. Wynne
  286 So. 2d 13· Fla. 1st DCA· 1973-11-27 ·cited 8×
  R & R Lounge challenges a civil penalty and license suspension for employing a 19-year-old barmaid in violation of the state's beverage law, which at the time of the violation prohibited employment of persons under 21. The court addresses whether a 1973 legislative amendment lowe
• United States v. Ramirez
  480 F.2d 76· 9th Cir.· 1973-05-29 ·cited 8×
  The court held that prosecutions initiated after the repeal of section 176a, even for offenses committed before repeal, are subject to the penalties of the successor statute, not the repealed one.
• Cuevas v. State
  279 So. 2d 817· Fla.· 1973-05-16 ·cited 8×
  Cuevas challenged the constitutionality of Florida's Drug Abuse Law (Sections 404.01(12) and 404.02(4)) as unconstitutionally vague, arguing the phrase "or other drug controlled by this chapter" lacked sufficient clarity. The Florida Supreme Court affirmed the trial court's denia
• Hackathorn v. J. E. (Bill) Decker
  438 F.2d 1363· 5th Cir.· 1971-02-17 ·cited 8×
  The court held that the appellant is entitled to a post-conviction hearing on the voluntariness of his confessions and relief under Witherspoon v. Illinois due to improper jury selection.
• Shiflett v. Commonwealth OF Va.
  433 F.2d 124· 4th Cir.· 1970-10-19 ·cited 8×
  The majority's retroactive application of the Nelson ruling to find ineffective assistance of counsel based on pre-Nelson legal standards is improper.
• Diamond Crystal Salt Co. v. P. J. Ritter Co.
  419 F.2d 147· 1st Cir.· 1969-12-30 ·cited 8×
  The Massachusetts long arm statute, Mass. G.L. c. 223A § 1 et seq., enacted in 1968, is to be applied retrospectively.
• Benson v. Carter
  396 F.2d 319· 9th Cir.· 1968-05-17 ·cited 8×
  The court held that the California Supreme Court's decision in People v. Perez, which modified the entrapment defense, did not retroactively entitle the petitioner to federal habeas corpus relief because the California entrapment defense is based on state policy, not federal due
• City OF Gainesville v. Hilliard
  207 So. 2d 520· Fla. 1st DCA· 1968-02-22 ·cited 8×
  The City of Gainesville appealed a circuit court judgment that quashed a municipal court conviction for driving under the influence, finding that the defendant was constitutionally entitled to a jury trial. The Florida appellate court reversed, holding that the constitutional rig
• United States v. Barnett
  346 F.2d 99· 5th Cir.· 1965-05-05 ·cited 8×
  The court held that a court initiating a criminal contempt charge must have the power to determine whether the proceeding should continue to trial.
• United States ex rel. William A. Wynn v. Wilkins
  342 F.2d 777· 2d Cir.· 1965-03-16 ·cited 8×
  The court held that the petitioner's application for a writ of habeas corpus was premature because he had not exhausted his available state remedies.
• Williams v. United States
  335 F.2d 290· D.C. Cir.· 1964-06-25 ·cited 8×
  The court held that the statute providing credit for pre-sentence jail time does not apply to sentences imposed before its effective date, and the sentence itself was not illegal.
• Int'l Bhd. of Boilermakers v. Nat'l Labor Relations Bd.
  316 F.2d 373· D.C. Cir.· 1963-02-14 ·cited 8×
  The court held that the repeal of statutory sections did not retroactively validate complaints that were jurisdictionally defective when issued.
• Muchard v. Berenson
  307 F.2d 368· 5th Cir.· 1962-09-06 ·cited 8×
  The court held that the district court erred in dismissing the action based on res judicata because the prior transfer order was not a final judgment and the intervening Supreme Court decision altered the legal landscape. The court also held that substitute service under Article
• Demetrios Fassilis v. Esperdy
  301 F.2d 429· 2d Cir.· 1962-03-12 ·cited 8×
  The court held that the July 14, 1960 amendment to the Immigration and Nationality Act, which excluded alien crewmen from applying for adjustment of status, applied to pending applications, and therefore the denial of the crewmen's applications was proper.
• United States v. Vill. Corp.
  298 F.2d 816· 4th Cir.· 1962-01-06 ·cited 8×
  A Virginia statute permitting suits against corporations in liquidation at any time applies even if the corporation's charter was revoked before the statute's enactment.
• Patterson v. Medberry
  368 U.S. 839· U.S.· 1961-10-09 ·cited 8×
  The Court denied certiorari, finding one issue premature and agreeing to deny the other.
• Fairchild Engine & Airplane Corp. v. United States
  285 F.2d 131· Ct. Cl.· 1961-01-18 ·cited 8×
  The court held that the tolling provision of the new Patent Act does not apply to patents that had already expired before the Act's effective date, even if administrative claims were pending.
• Beatty v. United States
  191 F.2d 317· 8th Cir.· 1951-09-06 ·cited 8×
  The court held that the 1949 amendment to the Housing and Rent Act allowing the United States to sue for overcharges applied retroactively, and that the landlord's actions did not qualify for reduced damages under the statute.
• Hiatt v. Hilliard
  180 F.2d 453· 5th Cir.· 1950-02-27 ·cited 8×
  The court held that the new good time credit statutes (18 U.S.C.A. §§ 4161, 4165) do not apply retroactively to prisoners sentenced under prior law, and a general savings statute preserved existing rights.
• Goldstein v. Sweeny
  42 So. 2d 367· Fla.· 1949-10-14 ·cited 8×
  The court held that dismissing the bill for laches was error because the delay did not cause injury or inconvenience.
• Savorgnan v. United States
  171 F.2d 155· 7th Cir.· 1948-12-14 ·cited 8×
  A voluntary act of obtaining naturalization in a foreign state effects a loss of American citizenship under the applicable statutes, regardless of the individual's subjective intent or understanding of the legal consequences.
• Rockton & Rion Ry. v. Davis
  159 F.2d 291· 4th Cir.· 1946-12-12 ·cited 8×
  South Carolina statutes of limitations do not bar claims for unpaid wages and liquidated damages under the Fair Labor Standards Act.
• Giese v. United States
  143 F.2d 633· D.C. Cir.· 1944-06-19 ·cited 8×
  A registrant cannot challenge the validity of a Selective Service order in a criminal prosecution for failing to report for induction; the proper remedy is habeas corpus.
• Bodell v. Commissioner of Internal Revenue
  138 F.2d 553· 1st Cir.· 1943-11-03 ·cited 8×
  The court held that insurance policies taken out by the decedent before the effective date of the Revenue Act of 1918 are includible in his gross estate if he retained certain legal incidents of ownership, such as a possibility of reverter or the power to change the beneficiary,
• Galban Lobo Co. v. Henderson
  132 F.2d 153· Emer. Ct. App.· 1942-09-30 ·cited 8×
  The protest and review provisions of the Emergency Price Control Act of 1942 are not available for transactions completed prior to the Act's effective date, even if the price schedule originated under an Executive Order.
• Anderson v. City of Ocala
  87 Fla. 257· Fla.· 1924-03-17 ·cited 8×
  A Florida taxpayer challenged a municipal bond election in Ocala because voters who were not freeholders participated, violating a new state statute enacted after the election was called but before it was held. The Florida Supreme Court reversed the lower court's dismissal and he
• Concepcion v. United States
  597 U.S. 481· U.S.· 2022-06-27 ·cited 7×
  The Supreme Court held that the First Step Act of 2018 permits district courts to consider intervening changes in law and fact, such as evidence of rehabilitation and unrelated Guidelines amendments, when deciding whether to reduce sentences for crack-cocaine offenders under the
• Boston v. State
  260 So. 3d 445· Fla. 1st DCA· 2018-11-30 ·cited 7×
  The 2017 amendment to section 776.032(4), Florida Statutes, which shifts the burden to the State to prove by clear and convincing evidence that a defendant is not entitled to Stand Your Ground immunity, applies retroactively and must be applied on remand. The trial court erred by
• Palm Beach Cnty. Sheriff's Off. & Ric L. Bradshaw v. Sun-Sentinel Co., LLC
  226 So. 3d 969· Fla. 4th DCA· 2017-09-06 ·cited 7×
  The Palm Beach County Sheriff's Office appealed a trial court order requiring disclosure of witness identities to a murder under Florida's Public Records Act. The court reversed, holding that a newly enacted statutory amendment making witness identities to murders confidential an