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

• 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
• Stapler v. State
  939 So. 2d 1092· Fla. 5th DCA· 2006-09-08 ·cited 8×·via Retroactivity Of Statutory Amendments
  The appellate court affirmed the denial of a motion to correct sentence, holding that the sentencing court did not lose jurisdiction to revoke community control because the issuance of a warrant for violation, under the law at the time, tolled the community control period.
• 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.
• 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
• Hyster Co. v. David
  612 So. 2d 678· Fla. 1st DCA· 1993-01-21 ·cited 8×·via Statutory Retroactivity
  Hyster Company appeals dismissal of its contribution action against Fred David, Jr., a corporate officer, arguing that a 1988 amendment to Florida's workers' compensation statute should not apply retroactively to bar its claim. The court affirms dismissal, holding that the cause
• Beaubrum v. State
  616 So. 2d 9· Fla.· 1993-01-21 ·cited 8×·via Retroactivity Of Statutory Amendments
• 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
• Reddick v. State
  554 So. 2d 564· Fla. 3d DCA· 1989-12-12 ·cited 8×·via Retroactivity Of Statutory Amendments
  Angelo Reddick appealed his convictions for first degree murder, attempted first degree murder, shooting into an occupied dwelling, and possession of a firearm during the commission of a felony. The Florida District Court of Appeal affirmed the murder and attempted murder convict
• 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×