Retroactive Application Of Statutes

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

• Gaines v. Orange Cnty. Pub. Utils. & Johns E. Co.
  710 So. 2d 139· Fla. 1st DCA· 1998-04-17 ·cited 6×
  Herbert Gaines appealed the dismissal of his workers' compensation claim based on the statute of limitations. The court reversed, holding that because Gaines' claim had not been time-barred under the 1990 statute of limitations as of January 1, 1994, when an amended statute was e
• Singletary v. VAN Meter
  708 So. 2d 266· Fla.· 1998-02-26 ·cited 6×
  The court held that while the result of the lower court was correct in finding the statute inapplicable, the reasoning regarding separation of powers was incorrect. The statute is inapplicable because it was not effective at the time of the events.
• Gagger v. State
  699 So. 2d 347· Fla. 5th DCA· 1997-09-26 ·cited 6×
  Defendant's appeal of habitual offender sentencing for drug offenses is affirmed because the statutory exclusion for drug offenses was not effective until after the crimes were committed.
• Payroll Transfers Interstate, Inc. v. Forshey
  694 So. 2d 80· Fla. 1st DCA· 1997-04-18 ·cited 6×
  Payroll Transfers Interstate appeals an order awarding workers' compensation benefits to an injured employee. The court affirms, holding that the automatic stay provision in Florida's insolvency statute does not protect employers (only insurers), and that a statutory release prov
• Beverly Enterprises-Florida, Inc. v. Spilman
  689 So. 2d 1230· Fla. 5th DCA· 1997-03-14 ·cited 6×
  Beverly Enterprises appeals a judgment entered in January 1994 at a 12% interest rate, arguing that a 1994 amendment to Florida's judgment interest statute should apply retroactively to reduce the rate. The court holds that the statutory amendment applies only to judgments entere
• Chem. Bank v. First Tr. of N.Y.
  212 B.R. 682· S.D. Fla.· 1997-02-28 ·cited 6×
  The court held that 11 U.S.C. § 510(a) does not alter the pre-Code rule of explicitness, meaning post-petition interest, fees, and costs are not subordinated absent explicit language in the indenture.
• Lockheed Space Operations & Aetna Life & Cas. Co. v. Bettie Langworthy
  686 So. 2d 665· Fla. 1st DCA· 1996-12-12 ·cited 6×
  The court held that section 440.491(4)(Supp.l994) is procedural, not substantive, and can be applied retroactively.
• Sugar Cane Growers Coop. & Prof'l Administrators, Inc. v. Bovell McLEAN
  679 So. 2d 856· Fla. 1st DCA· 1996-09-17 ·cited 6×
  Sugar Cane Growers Cooperative and its workers' compensation carrier appealed an award of permanent total disability benefits to a seasonal worker injured twice on the job. The Florida appellate court affirmed, finding competent substantial evidence that the claimant could not pe
• Levine v. Fed. Deposit Ins. Corp. for First Am. Bank & Tr.
  651 So. 2d 134· Fla. 4th DCA· 1995-02-15 ·cited 6×
  The Levines appealed a judgment allowing the FDIC to repudiate a 1987 deed-in-lieu-of-foreclosure agreement under FIRREA's repudiation provision. The court reversed, holding that FIRREA's repudiation power cannot be applied retroactively to contracts entered before the statute's
• Metro. Dade Cnty. v. United Guar. Residential Ins. Co. of N.C.
  645 So. 2d 1117· Fla. 3d DCA· 1994-12-07 ·cited 6×
  Metropolitan Dade County appealed the denial of its motion to quash a continuing writ of garnishment issued by a judgment creditor. The court reversed, holding that Florida's 1993 waiver of sovereign immunity for wage garnishment applies only to transactions occurring on or after
• Tzippora Kalisch v. Kalisch
  646 So. 2d 292· Fla. 3d DCA· 1994-12-07 ·cited 6×
  Florida appellate court reversed dismissal of wife's negligence action against husband for boating accident injuries, holding that the Florida Supreme Court's abrogation of interspousal immunity in Waite v. Waite applies retroactively to claims accruing before the decision.
• Blackshears II Aluminum, Inc. v. Dep't OF Revenue
  641 So. 2d 928· Fla. 5th DCA· 1994-08-05 ·cited 6×
  Blackshears II Aluminum, a registered sales tax dealer and contractor, collected over $277,000 from customers for transactions it concedes were nontaxable, retained the funds without remitting them to the state or refunding customers, and was assessed over $600,000 in taxes, pena
• Mitchell v. State
  635 So. 2d 1073· Fla. 1st DCA· 1994-05-03 ·cited 6×
  Victim injury points for sexual penetration should not be assessed based solely on penetration if no physical injury occurred, and the law in effect at the time of the offense applies, not a later amendment.
• State Farm Mut. Auto. Ins. Co. v. Laforet
  632 So. 2d 608· Fla. 4th DCA· 1993-12-01 ·cited 6×
  State Farm appeals a jury verdict finding it acted in bad faith by refusing to settle the LaForets' uninsured motorist benefits claim. The court affirms the bad faith finding and damages but reverses a portion of the appellate attorney's fees award, and certifies a novel question
• Special Disability Tr. Fund v. F. Benson & Co. & Feisco
  626 So. 2d 1078· Fla. 1st DCA· 1993-11-17 ·cited 6×
  The court held that the employer/carrier's claim for reimbursement from the Special Disability Trust Fund was timely filed because an amendment to the statute extended the filing period before the original deadline expired.
• Bueford v. Resolution Tr. Corp. for United Fed. Sav. Bank of Iowa
  991 F.2d 481· 8th Cir.· 1993-04-16 ·cited 6×
  The court held that failure to exhaust administrative remedies under FIRREA deprives federal courts of subject matter jurisdiction, and this requirement applies even to pending actions.
• Snellgrove v. N.F. Fogazzi
  616 So. 2d 527· Fla. 4th DCA· 1993-03-24 ·cited 6×
  The court reversed a summary judgment dismissing a fraudulent transfer claim, holding that the Florida Uniform Fraudulent Transfer Act (FUFTA) cannot be applied retroactively to transfers made before its January 1, 1988 effective date. The issue was whether FUFTA's statute of lim
• McANDREWS v. Fleet Bank OF Mass., N.A.
  989 F.2d 13· 1st Cir.· 1993-03-19 ·cited 6×
  The court held that applying FIRREA to enforce a lease despite an ipso facto clause is a prospective application of the statute and does not constitute an unconstitutional taking.
• Thigpen v. Sparks
  983 F.2d 644· 5th Cir.· 1993-02-16 ·cited 6×
  The court held that the D'Oench doctrine and related statutes do not apply to a bank's sale of an asset in a non-banking transaction, allowing breach of warranty claims to proceed.
• Fed. Deposit Ins. Corp. v. Belli
  981 F.2d 838· 5th Cir.· 1993-01-26 ·cited 6×
  The court held that the statute of limitations under 28 U.S.C. § 2415(a) bars the FDIC's claims because the cause of action accrued when the note or guarantee was breached, not when the FDIC acquired the claim. Furthermore, 12 U.S.C. § 1821(d)(14) does not revive claims that had
• Harrington v. State
  609 So. 2d 712· Fla. 4th DCA· 1992-12-02 ·cited 6×
  Trial court erred by failing to credit appellant with earned and incentive gain time from his earlier incarceration when sentencing him upon probation violation, and cannot retroactively apply a statute forfeiting such gain time for offenses committed before the statute's effecti
• United States v. Taliaferro
  979 F.2d 1399· 10th Cir.· 1992-11-16 ·cited 6×
  The court held that the retroactive application of an extended statute of limitations does not violate the ex post facto clause, and affirmed the conviction.
• K.M.T. v. Dep't of Health & Rehabilitative Servs.
  608 So. 2d 865· Fla. 1st DCA· 1992-10-22 ·cited 6×
  K.M.T., a nursing assistant, appeals an administrative order confirming her as a perpetrator of neglect and placing her name on the elderly abuse registry after she briefly left an elderly patient unattended in a dining room. The court reverses, holding that HRS violated her proc
• Meek v. State
  605 So. 2d 1301· Fla. 4th DCA· 1992-10-07 ·cited 6×
  Thomas Meek appeals a trial court order denying post-conviction relief based on transactional immunity under Florida Statutes section 914.04. The appellate court reverses and remands for an evidentiary hearing to determine whether Meek was factually entitled to immunity under the
• Ruth v. Banas
  969 F.2d 477· 7th Cir.· 1992-07-29 ·cited 6×
  The court held that the Civil Rights Act of 1991, which amended the statute of limitations for seniority systems, cannot be applied retroactively on appeal to revive a claim already time-barred under prior law. Therefore, the plaintiff's filing was untimely.
• Robert Belser, M.D. v. ST. Paul Fire & Marine Ins. Co.
  965 F.2d 5· 5th Cir.· 1992-07-09 ·cited 6×
  A previously valid motion to remand, filed before the enactment of the Judicial Improvements and Access to Justice Act, is not retroactively invalidated by the Act's amendments to the removal statute.
• Trevino v. Texas
  503 U.S. 562· U.S.· 1992-04-06 ·cited 6×
  The Court held that the petitioner preserved his Equal Protection Clause claim regarding the State's use of peremptory challenges to exclude black jurors, even though his arguments were not perfectly articulated.
• Central States v. Lady Baltimore Foods, Inc.
  960 F.2d 1339· 7th Cir.· 1992-04-01 ·cited 6×
  The court held that the 1989 amendment to the Tax Reform Act, which corrected a drafting error to exempt Lady Baltimore from withdrawal liability, was constitutional and that the pension fund was not entitled to liquidated damages awarded before the amendment's passage.
• Melton v. Moore
  964 F.2d 880· 9th Cir.· 1992-01-13 ·cited 6×
  The court held that the Supreme Court's decision in Jim Beam requires retroactive application of the Grogan rule, which established the preponderance of the evidence standard for dischargeability exceptions.
• Rice v. Rice
  951 F.2d 942· 8th Cir.· 1991-12-23 ·cited 6×
  The court held that the good faith reliance defense under 18 U.S.C. § 2520(d)(3) does not apply to private actors, and that a recent change in decisional law should not be applied retroactively in this case due to reliance and inequity.
• Foliage Design Sys., Inc. v. Aurora Fernandez
  589 So. 2d 389· Fla. 1st DCA· 1991-11-13 ·cited 6×
  The court held that the 1989 amendment to Fla. Stat. § 440.34(2) is substantive and does not apply retroactively to claims for accidents predating the amendment.
• York v. City OF Wichita Falls
  944 F.2d 236· 5th Cir.· 1991-10-11 ·cited 6×
  The court held that Section 8 of the FLSA amendments requires proof of discriminatory intent by the employer and that the determination of whether fire captains and battalion chiefs were salaried employees requires a factual inquiry, making summary judgment improper.
• SIR Elec., Inc. v. Gheorghe Borlovan & the Fla. Dep't of Labor & Emp. Sec.
  582 So. 2d 22· Fla. 1st DCA· 1991-06-03 ·cited 6×
  In this workers' compensation appeal, the court affirmed an award of attendant care benefits and attorney's fees based on the present value of lifetime attendant care for a permanently disabled worker. The court rejected the employer/carrier's argument that a newly enacted statut
• Maison Grande Condo. Ass'n, Inc. v. Dorten, Inc.
  580 So. 2d 859· Fla. 3d DCA· 1991-05-28 ·cited 6×
  Maison Grande Condominium Association appeals a summary judgment declaring a statutory ban on escalation clauses in condominium leases constitutional as applied to a pre-1975 lease. The court affirms, finding binding Florida Supreme Court precedent prohibits retroactive applicati
• Nat'l R.R. Passenger Corp. v. State
  929 F.2d 1532· 11th Cir.· 1991-04-11 ·cited 6×
  The court held that a claim of federal preemption does not fall within the exceptions to the Anti-Injunction Act, and thus the district court erred in enjoining the state prosecution based on preemption alone.
• Bess v. Bess
  929 F.2d 1332· 8th Cir.· 1991-04-10 ·cited 6×
  The court held that the 1986 amendment to Title III, increasing statutory damages, should not be applied retroactively to pre-amendment violations due to manifest injustice. However, the court found an additional violation for the disclosure of intercepted conversations and reman
• Helton v. Fauver
  930 F.2d 1040· 3d Cir.· 1991-04-10 ·cited 6×
  The court held that the New Jersey Supreme Court's interpretation of the state's juvenile law was not unforeseeable, and therefore its retroactive application to Helton did not violate due process.
• Burris v. Goodyear
  577 So. 2d 1376· Fla. 1st DCA· 1991-04-09 ·cited 6×
  The court held that summary judgment was improperly granted because material issues of fact existed regarding the defendants' adverse possession claim.
• Lieutenant Colonel Albertis Wilson v. The United States
  917 F.2d 529· Fed. Cir.· 1990-10-19 ·cited 6×
  The court's disposition of the case is erroneous due to violations of stare decisis and misinterpretation of statutory language.
• Commissioner OF Internal Revenue v. Miller
  914 F.2d 586· 4th Cir.· 1990-09-21 ·cited 6×
  Punitive damages received as settlement for a defamation action are not excludable from gross income under 26 U.S.C. § 104(a)(2) because they do not serve to compensate the taxpayer for personal injury.
• Aloma Square, Inc. v. Cal. Fed. Sav. & Loan Ass'n (In Re Aloma Square
  116 B.R. 827· M.D. Fla.· 1990-06-07 ·cited 6×
  The court held that Florida Statute § 697.07, governing assignments of rents in mortgages, is a remedial statute and can be applied retrospectively.
• Fed. Deposit Ins. v. Cherry
  742 F. Supp. 612· M.D. Fla.· 1990-04-18 ·cited 6×
  The court held that the FDIC, acting as an assignee, is subject to the same defenses, including comparative negligence and statute of limitations, as the assignor would be, and that FIRREA's statute of limitations does not apply retroactively to pending litigation.
• Standford P. Birnholz v. The 44 Wall St. Fund, Inc.
  559 So. 2d 1128· Fla.· 1990-04-12 ·cited 6×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding whether a mutual fund that obtained a valid exemption from Florida securities registration but failed to pay a renewal fee after 36 months substantially complied with statutory requirement
• Heath v. State
  558 So. 2d 165· Fla. 1st DCA· 1990-03-14 ·cited 6×
  Trial court erred in retaining jurisdiction over one-half rather than one-third of sentences and in retaining jurisdiction over portions of consecutive sentences rather than one-third of the total, requiring reversal and remand.
• Crane v. Dep't of State
  547 So. 2d 266· Fla. 3d DCA· 1989-08-01 ·cited 6×
  Jeffrey Crane appeals the revocation of his concealed weapon license based on his prior felony convictions with withheld adjudication. The court affirms the revocation, holding that a concealed weapon license is a privilege rather than a vested right and that retroactive applicat
• DELTA Computer Corp. v. Samsung Semiconductor & Telecomms. Co.
  879 F.2d 662· 9th Cir.· 1989-07-11 ·cited 6×
  The court held that the newly enacted Section 15 of the Federal Arbitration Act applies retroactively to bar appeals of interlocutory orders compelling arbitration, absent manifest injustice. The court dismissed the appeal for lack of jurisdiction.
• Nichols v. Stapleton
  877 F.2d 1401· 9th Cir.· 1989-06-15 ·cited 6×
  The court held that the appeal must be dismissed due to a new statute divesting appellate jurisdiction over interlocutory arbitration orders, but the district court should allow the appellant an opportunity to apply for certification for appeal.
• David L. Kennedy (88-1254) v. Commissioner OF Internal Revenue
  876 F.2d 1251· 6th Cir.· 1989-06-05 ·cited 6×
  The Tax Court correctly determined that the 'Gold For Tax Dollars' promotion was a sham, disallowing the claimed mining expense deductions and assessing increased interest for tax-motivated transactions.
• Grimesy v. Huff
  876 F.2d 738· 9th Cir.· 1989-05-25 ·cited 6×
  The court held that a statutory amendment prohibiting grandparent deeming and made retroactive by Congress foreclosed plaintiffs' claims for retroactive benefits and interest, as the amendment's language and intent were to prevent such claims.
• Gallardo v. Quinlan
  874 F.2d 186· 3d Cir.· 1989-05-11 ·cited 6×
  Inmates convicted of offenses before the Sentencing Reform Act's effective date cannot benefit from its amendments regarding parole eligibility.