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

• Rothstein v. Atlanta Paper Co. & Mead-Atlanta Paper Co.
  321 F.2d 90· 5th Cir.· 1963-07-30 ·cited 8×·via Retrospective Application
  The court held that the accused larger bottle carriers did not embody the patent claims, thus no breach of the license agreement occurred, and the 'more favored terms' clause did not apply retrospectively.
• 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statute permitting suits against corporations in liquidation at any time applies even if the corporation's charter was revoked before the statute's enactment.
• Anton Lorenz and Irene Lorenz v. United States
  296 F.2d 746· Ct. Cl.· 1961-12-06 ·cited 8×·via Retroactive Tax Legislation
  A taxpayer who filed a refund claim shortly after a retroactive tax law was enacted is entitled to recover, even if the claim would otherwise be time-barred.
• 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.
• Wheeler v. Commissioner of Internal Revenue
  143 F.2d 162· 9th Cir.· 1944-05-16 ·cited 8×·via Retroactive Tax Legislation
  The court held that the 1940 Revenue Act, which sought to retroactively alter the calculation of corporate earnings and profits for tax purposes, could not be applied to a liquidation completed in 1938 under a specific 1938 Act that had a limited effective period.
• 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
• Alvord v. Little
  16 Fla. 158· Fla.· 1877-06-01 ·cited 8×·via Retroactive Legislation
  This case addresses whether the Florida Legislature could retroactively extend the deadline for perfecting an appeal after the statutory period had expired, and whether a former partner could recover expenses and compensation from a subsequently formed partnership. The court held
• Smith v. Universal Prop. & Cas. Ins. Co.
  49 Fla. L. Weekly D1850· Fla. 5th DCA· 2024-11-08 ·cited 7×
  The Smiths purchased a property insurance policy that expired in June 2021 and filed a claim for November 2000 damage in April 2022. Universal moved for summary judgment based on section 627.70152, a pre-suit notice statute enacted in July 2021, arguing it applied retroactively t
• 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
• Dimitri v. Commercial Ctr. of Miami Master Assoc.
  253 So. 3d 715· Fla. 3d DCA· 2018-08-08 ·cited 7×
  A master association that manages common property in a development composed of sub-associations, each responsible for condominium property within their respective buildings, is not a condominium "association" under Florida Statutes section 718.103(2) as defined in 1982 and is the
• 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
• 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
• MGM Constr. Servs. Corp. v. Travelers Cas. & Sur. Co. OF Am.
  57 So. 3d 884· Fla. 3d DCA· 2011-03-02 ·cited 7×·via Retroactivity Of Statutory Amendments
  MGM Construction Services Corp., an unlicensed subcontractor, appealed a summary judgment that rendered its subcontracts unenforceable based solely on violation of Miami-Dade County's licensing ordinance. The appellate court reversed, holding that courts must apply a flexible, mu
• 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.
• Harrison Porterfield v. State
  567 So. 2d 429· Fla.· 1990-09-20 ·cited 7×·via Retroactivity Of Statutory Amendments
  The Florida Supreme Court quashed two First District Court of Appeal decisions that authorized separate convictions and sentences for sale and possession with intent to sell of controlled substances. The Court held that chapter 88-131 (effective July 1, 1988) authorizing such sep
• 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
• Cooper Stevedoring Co., Inc. v. Dir., Off. OF Workers' Comp. Programs, United States Dep't OF Labor, & Ralph M. Dorsey
  826 F.2d 1011· 11th Cir.· 1987-09-08 ·cited 7×·via Retroactivity Of Statutory Amendments
  The court held that an order from the Benefits Review Board remanding a case for further findings of fact is not a final order and therefore not subject to judicial review.
• Manuel v. EIG Cutlery, Inc.
  506 So. 2d 1100· Fla. 3d DCA· 1987-05-05 ·cited 7×·via Retrospective Operation Of Statutes
• 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.