Retroactive Application Of Statutes

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

• Sowell v. Panama Commons L.P.
  192 So. 3d 27· Fla.· 2016-06-02 ·cited 7×
  The Florida Supreme Court reversed the First District Court of Appeal's decision that Panama Commons' right to a tax exemption under section 196.1978 had vested on January 1, 2013, holding instead that the right had not vested and therefore the retroactive repeal of the exemption
• Rodrick D'Anthony Williams v. State
  171 So. 3d 143· Fla. 5th DCA· 2015-07-10 ·cited 7×
  The court held that the new sentencing legislation applies retroactively to juvenile offenders whose sentences are unconstitutional under Miller, entitling them to a new sentencing hearing.
• N. Carillon, LLC v. CRC 603, LLC
  135 So. 3d 274· Fla.· 2014-01-23 ·cited 7×
  The Florida Supreme Court addressed whether a condominium developer violated the Condominium Act's escrow requirements by maintaining two categories of buyer deposits in a single escrow account rather than separate accounts. The Court held that the statutory language was ambiguou
• Hahn v. Hahn
  42 So. 3d 945· Fla. 4th DCA· 2010-09-01 ·cited 7×
  The court held that the trial court erred by retroactively applying the 2008 amendments to section 61.13, Florida Statutes, as this impaired existing rights and the amendments did not create a presumption of 50/50 time-sharing.
• Williams v. Am. Optical Corp.
  985 So. 2d 23· Fla. 4th DCA· 2008-05-28 ·cited 7×
  The Fourth District Court of Appeal held that Florida's 2005 Asbestos and Silica Compensation Fairness Act cannot be retroactively applied to asbestos exposure claims that accrued before the Act's effective date. The court determined that plaintiffs with accrued causes of action
• Torgerson v. State
  964 So. 2d 178· Fla. 4th DCA· 2007-08-01 ·cited 7×
  James Torgerson appeals the summary denial of his rule 3.850 postconviction motion alleging the statute of limitations had expired before prosecution commenced. The State concedes error, and the appellate court reverses because the prosecution should have applied the pre-amendmen
• Williams v. State
  879 So. 2d 49· Fla. 1st DCA· 2004-07-09 ·cited 7×
  The court held that a sentencing court has discretion to impose special probation conditions related to rehabilitation or public protection, even for offenses committed before the effective date of a statute specifically authorizing such conditions.
• Jones v. State
  857 So. 2d 969· Fla. 2d DCA· 2003-10-24 ·cited 7×
  The court held that the trial court's failure to instruct the jury that knowledge of the illicit nature of the substance was an element of possession of cocaine constituted fundamental error, requiring reversal.
• SUN Harbor Homeowners Ass'n, Inc. v. Broward Cnty. Dep't of Natural Res. Prot.
  700 So. 2d 178· Fla. 4th DCA· 1997-10-15 ·cited 7×
  The Florida Fourth District Court of Appeal held that when the legislature abolished Broward County's regulatory authority over mangroves effective December 12, 1995, it also abolished pending enforcement proceedings for alleged violations of the county's mangrove ordinances, eve
• Tefel v. Reno
  972 F. Supp. 623· S.D. Fla.· 1997-06-24 ·cited 7×
  The court held that it had jurisdiction to consider the class action complaint and granted a temporary restraining order, finding that the plaintiffs had established a substantial likelihood of success on the merits, irreparable harm, and that the injunction would serve the publi
• Bennis v. State Chem. Mfg. Co.
  682 So. 2d 574· Fla. 4th DCA· 1996-10-16 ·cited 7×
  Three firefighters and their wives appealed summary judgment dismissing their negligence claims against apartment management and a chemical manufacturer for injuries sustained during exposure to sodium hydroxide vapors. The court affirmed dismissal of claims under Florida's occup
• Holt v. Mich. Dep't OF Corr.
  974 F.2d 771· 6th Cir.· 1992-09-11 ·cited 7×
  The Civil Rights Act of 1991 does not apply retroactively, and the plaintiff's failure-to-promote claim does not meet the 'new and distinct relation' exception established in Patterson v. McLean Credit Union.
• Anixter v. Home-Stake Prod. Co.
  977 F.2d 1533· 10th Cir.· 1992-08-24 ·cited 7×
  The court held that Section 27A of the Securities Exchange Act of 1934 is constitutional, as it properly exercises Congress' legislative power to change the law, and that the district court did not abuse its discretion in reinstating claims under that section.
• Morgan Guar. Tr. Co. OF NEW York v. Republic OF Palau
  971 F.2d 917· 2d Cir.· 1992-08-05 ·cited 7×
  The dissenting judge would find that the district court abused its discretion in awarding $136,000 in attorney's fees.
• United States v. Ingrid Josefina Bodre
  948 F.2d 28· 1st Cir.· 1991-10-28 ·cited 7×
  The court held that the repeal of Judicial Recommendations Against Deportation (JRADs) by the Immigration Act of 1990 violates the ex post facto clause because JRADs are penal in nature and intrinsically linked to criminal sentencing proceedings.
• Fed. Deposit Ins. Corp. v. Haddad
  778 F. Supp. 1559· S.D. Fla.· 1991-07-26 ·cited 7×
  The court adopted the Magistrate Judge's recommendation to dismiss Counts III, IV, and V with prejudice, but denied dismissal of Counts I and II, finding they stated valid claims.
• Bayshore Executive Plaza P'ship v. Fed. Deposit Ins.
  750 F. Supp. 507· S.D. Fla.· 1990-09-24 ·cited 7×
  The FDIC, as liquidator of an insolvent bank, can disaffirm lease agreements under 12 U.S.C. § 1821(e) and federal/state common law, precluding claims for rent that had not accrued prior to the bank's insolvency or the lease's repudiation.
• Special Disability Tr. Fund v. S. Bell Tel. & Tel. Co.
  551 So. 2d 575· Fla. 1st DCA· 1989-10-20 ·cited 7×
  The court held that the employer's claim for reimbursement was barred by the failure to file timely notice under the statute in effect at the time the claim accrued.
• Ry. Labor Executives' Ass'n v. S. Ry. Co.
  860 F.2d 1038· 11th Cir.· 1988-11-28 ·cited 7×
  The court held that the Unions' action was time-barred by the six-month statute of limitations applicable to Railway Labor Act claims, borrowed from the National Labor Relations Act.
• Wallis v. The Grumman Corp.
  515 So. 2d 1276· Fla.· 1987-12-03 ·cited 7×
  The Florida Supreme Court upheld the dismissal of a product liability action brought by Wallis for injuries sustained in a Grumman aircraft crash more than twelve years after the aircraft's delivery. The Court held that the statute of repose in product liability actions applies t
• Paetz v. United States
  795 F.2d 1533· 11th Cir.· 1986-08-11 ·cited 7×
  The court held that the district court erred in dismissing the age discrimination claim for lack of subject matter jurisdiction, as the claim related back to original filings and was administratively pending on the effective date of the ADEA amendments for federal employees.
• Nat'l Labor Relations Bd. v. Ensign Elec. Div. OF Harvey Hubble, Inc.
  767 F.2d 1100· 4th Cir.· 1985-07-22 ·cited 7×
  The court should not apply the Guitón rule retroactively to the parties' conduct.
• Anderson v. Anderson
  468 So. 2d 528· Fla. 3d DCA· 1985-05-14 ·cited 7×
  Erika Anderson, the decedent's mother, appealed the dismissal of her petition to remove her son's widow as personal representative of his estate and challenged an attorney's fee award. The court affirmed the dismissal but partially reversed the fee award, holding that the amended
• Nissan Motor Corp. IN U.S.A. v. Harding
  739 F.2d 1005· 5th Cir.· 1984-08-23 ·cited 7×
  The court held that the district court did not err in abstaining from exercising jurisdiction because the case presented an unsettled issue of state law regarding the retroactive application of a statute, which could resolve the federal constitutional question.
• The Life Ins. Co. OF Va. v. The Murray Inv. Co. & Murray Advisory Corp.
  646 F.2d 224· 5th Cir.· 1981-05-29 ·cited 7×
  The court held that the jury's findings of fraud were sufficient to support an award of exemplary damages, and that recent amendments to Article 2226 of the Texas Civil Statutes allowed for the recovery of attorney's fees in pending actions.
• Colin M. Gonzales v. Fairfax-Brewster Sch., Inc.
  569 F.2d 1294· 4th Cir.· 1978-01-20 ·cited 7×
  The court held that the Civil Rights Attorney’s Fees Awards Act of 1976 did not apply retroactively to cases where the Supreme Court judgment was final before the Act's enactment, but reversed the district court's alteration of a prior cost award.
• Homeowners Emergency Life Prot. Comm. v. Lynn
  541 F.2d 814· 9th Cir.· 1976-08-12 ·cited 7×
  The court held that Section 405 of the Federal Disaster Relief Act of 1974 does not apply retroactively to this project, and that the adequacy of the Environmental Impact Statement (EIS) requires further factual inquiry by the district court.
• City of Marianna v. Russ
  114 Fla. 624· Fla.· 1934-04-27 ·cited 7×
  The City of Marianna appealed a foreclosure decree involving municipal tax liens, paving certificates, and personal property taxes assessed against the Russ property. The Florida Supreme Court upheld the validity of Chapter 14209 (1929) allowing interest on delinquent taxes from
• McCrae v. State
  267 So. 3d 470· Fla. 1st DCA· 2019-03-07 ·cited 6×
  Louis McCrae, convicted at age seventeen of second-degree murder and sentenced to thirty years, sought resentencing under Florida's new juvenile sentencing scheme enacted in response to Graham v. Florida and Miller v. Alabama. The appellate court affirmed the trial court's denial
• Collins v. State
  189 So. 3d 342· Fla. 1st DCA· 2016-04-25 ·cited 6×
  Anthony Collins, sentenced as a juvenile for carjacking, attempted murder, and attempted armed robbery, appeals his resentencing following Graham v. Florida. The court affirmed his 55-year aggregate sentence, holding it does not constitute a de facto life sentence and thus does n
• Howard v. State
  180 So. 3d 1135· Fla. 2d DCA· 2015-12-09 ·cited 6×
• Miles v. Daniel Weingrad, M.D.
  164 So. 3d 1208· Fla.· 2015-05-21 ·cited 6×
  The Florida Supreme Court resolved a conflict between district courts of appeal regarding whether a statutory cap on noneconomic damages in medical malpractice actions could be applied retroactively to cases where the malpractice occurred before the statute's effective date. The
• Archstone Palmetto Park, LLC v. Kennedy
  132 So. 3d 347· Fla. 4th DCA· 2014-01-29 ·cited 6×
  The court reversed a trial court's declaratory judgment that permitted Boca Raton residents to hold a referendum on a development order. The court held that a 2012 amendment to Florida Statutes section 163.3167(8) reaffirmed the prohibition on referenda for development orders, wi
• T.N.L. v. Dep't of Child. & Families
  132 So. 3d 319· Fla. 4th DCA· 2014-01-22 ·cited 6×
  The Florida Fourth District Court of Appeal reversed a trial court's denial of a mother's motion for reunification with her child, holding that while the amended statute (effective July 1, 2013) permits courts to deny reunification based on best interest of the child alone, due p
• Smith v. State
  113 So. 3d 1058· Fla. 1st DCA· 2013-06-05 ·cited 6×
  The court held that the Miller v. Alabama decision, which prohibits mandatory life without parole sentences for juvenile offenders, should be applied retroactively. This is because Miller represents a substantive constitutional change that places certain penalties beyond the stat
• DCI MRI, Inc. v. GEICO Indem. Co. & Geico Cas. Co.
  79 So. 3d 840· Fla. 4th DCA· 2012-01-18 ·cited 6×
  A medical provider appeals summary judgment in consolidated cases involving PIP benefits under Florida's 2008 no-fault law. The court held that when an insurance policy provides greater coverage than the statutory minimum, the policy terms control, and the insurer cannot unilater
• Katy Bachman v. McLINN
  65 So. 3d 71· Fla. 2d DCA· 2011-06-10 ·cited 6×
  Mother appealed a supplemental judgment modifying her custody designation and child support obligation in a dissolution case. The court reversed, holding that the trial court improperly applied a 2008 statutory amendment retroactively and that Father failed to meet his burden of
• Grady Clifford Love v. State
  992 So. 2d 823· Fla. 2d DCA· 2008-09-12 ·cited 6×
  The court held that the judgment and sentence for shooting at a building must be vacated as the jury acquitted the defendant, and affirmed the conviction for attempted voluntary manslaughter, remanding for correction of the judgment and striking certain costs and a fine.
• Burrell v. State
  993 So. 2d 998· Fla. 2d DCA· 2007-11-07 ·cited 6×
  Nicholas Burrell appeals a trial court order imposing electronic monitoring as a condition of his sex offender probation under the Jessica Lunsford Act. The court held that because Burrell's underlying offense occurred before the Act's effective date of September 1, 2005, the man
• State v. Calderon
  951 So. 2d 1031· Fla. 3d DCA· 2007-03-28 ·cited 6×
  Florida appealed the dismissal of a conspiracy to commit first-degree murder charge against Manuel Calderon on statute of limitations grounds. The court reversed, holding that a 1996 amendment eliminating the statute of limitations for felonies resulting in death applies retroact
• Harwood v. LI
  909 So. 2d 396· Fla. 4th DCA· 2005-08-10 ·cited 6×
  The appellate court reversed the trial court's denial of a former husband's petition to modify child support based on substantial time sharing with the minor child. The court held that section 61.30(11)(b), Florida Statutes, which mandates adjustment of child support when a non-c
• United States v. Smith
  402 F.3d 1303· 11th Cir.· 2005-03-18 ·cited 6×
  Alvin Smith was convicted of producing and possessing child pornography in violation of 18 U.S.C. §§ 2251(a) and 2252A(a)(5)(B), with federal jurisdiction based on the fact that materials used to produce the images had traveled in interstate commerce. The Eleventh Circuit reverse
• Pena v. State
  853 So. 2d 1120· Fla. 5th DCA· 2003-09-12 ·cited 6×
• Fillyaw v. State
  853 So. 2d 590· Fla. 5th DCA· 2003-09-05 ·cited 6×
  The court reluctantly affirmed the sentence, adhering to precedent despite concerns that the retroactive application of a statute violated the Ex Post Facto Clauses.
• Staley v. State
  860 So. 2d 981· Fla. 2d DCA· 2003-07-30 ·cited 6×
  The court held that the mandatory minimum sentences imposed were illegal because the offenses occurred within the window period for challenging the unconstitutionality of the relevant statute.
• Jones v. State
  759 So. 2d 681· Fla.· 2000-05-25 ·cited 6×
  Florida Supreme Court quashed a violent career criminal sentence and remanded for resentencing under the valid laws in effect when the offense was committed, resolving a certified conflict between district courts.
• State v. Oehling
  750 So. 2d 109· Fla. 5th DCA· 1999-12-23 ·cited 6×
  The State appeals a trial court's grant of post-conviction relief to Oehling based on the Florida Supreme Court's decision in Wallace v. State, which held that a defendant can be convicted of only one count of resisting an officer with violence during a continuous resistance epis
• Hoyt Patterson v. State
  736 So. 2d 1270· Fla. 4th DCA· 1999-07-21 ·cited 6×
  The court held that the petitioner is entitled to a belated appeal because the trial court failed to advise him of his right to appeal the denial of his post-conviction relief motion.
• Tuff v. State
  732 So. 2d 461· Fla. 3d DCA· 1999-05-19 ·cited 6×
  Herbert Lee Tuff challenges the retroactive application of a 1997 Florida statute that increased the interval between parole hearings from two to five years for certain violent offenders. The court holds that this amendment does not violate the Ex Post Facto Clause because it is
• Geremi Pierce v. State
  779 So. 2d 286· Fla. 2d DCA· 1998-09-04 ·cited 6×
  The court affirmed the conviction and sentence for possession of a firearm by a convicted felon but struck improperly imposed costs.