Retroactive Application Of Statutes

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

• Arden M. Merckle v. State
  541 So. 2d 1312· Fla. 2d DCA· 1989-04-12 ·cited 6×
  The court held that a motion for postconviction relief presenting a double jeopardy claim based on a subsequently decided case modifying the law may be applied retroactively.
• Singleton v. A.L. Lockhart
  871 F.2d 1395· 8th Cir.· 1989-04-10 ·cited 6×
  The court held that the defendant's conviction was valid, but his death sentence should be reinstated, finding no constitutional error in jury selection or ineffective assistance of counsel, and that the prior vacating of the sentence was based on an overruled precedent.
• United States v. Watson
  868 F.2d 157· 5th Cir.· 1989-03-21 ·cited 6×
  A district court cannot modify a sentence under 18 U.S.C. § 3582(c)(2) for offenses committed before the effective date of the federal sentencing guidelines.
• The City OF KEY W. v. R.L.J.S. Corp.
  537 So. 2d 641· Fla. 3d DCA· 1989-01-03 ·cited 6×
  The City of Key West assessed developmental impact fees on condominium developers after issuing building permits and the developers had sold most units. The Florida appellate court upheld the fees, holding that impact fees imposed after permit issuance do not violate constitution
• Avelino DeLEON v. State
  536 So. 2d 305· Fla. 2d DCA· 1988-12-16 ·cited 6×
  The court held that a sentence based on both valid and invalid reasons for departing from sentencing guidelines must be reversed and remanded for resentencing unless the state proves the invalid reason would not have affected the departure.
• State Farm Fire & Cas. Co. v. Johnson
  547 So. 2d 940· Fla. 1st DCA· 1988-10-04 ·cited 6×
  This is a dissenting opinion arguing for clarification and remand to allow parties to present further evidence on the precise agreement between a client and his attorneys regarding attorney fees, in light of a prior ruling on the retroactivity of a legal precedent.
• Dreyer v. State
  532 So. 2d 733· Fla. 2d DCA· 1988-09-28 ·cited 6×
  The Eleventh Circuit affirmed the district court's dismissal of the federal habeas petition, holding that the petitioner failed to exhaust state remedies and that the Younger abstention doctrine barred federal intervention in the ongoing state criminal proceedings.
• Pratt v. Nat'l Distillers & Chem. Corp.
  853 F.2d 1329· 6th Cir.· 1988-08-01 ·cited 6×
  The court held that the new Ohio statute (Ohio Rev.Code Ann. § 4121.80) could not be applied retroactively to disturb the plaintiff's substantive rights to a jury determination of damages and the common law definition of intentional tort. The court reinstated the jury's damages a
• Hanner v. The State OF Miss.
  833 F.2d 55· 5th Cir.· 1987-12-02 ·cited 6×
  The court held that for Mississippi § 1983 claims accruing before Wilson, the limitations period is the longer pre-Wilson period or one year from Wilson, whichever expires first.
• Desvergundt v. Koppers Co., Inc.
  506 So. 2d 60· Fla. 3d DCA· 1987-04-28 ·cited 6×
• Frazier v. State
  503 So. 2d 1378· Fla. 2d DCA· 1987-03-18 ·cited 6×
  Ronnie Frazier was convicted of second degree murder and sentenced to seventeen years in prison with court costs imposed. On appeal, the court reversed the imposition of certain court costs, finding that section 27.3455 violated ex post facto protections when applied retroactivel
• Elbert J. Davis v. Xerox
  811 F.2d 1293· 9th Cir.· 1987-03-03 ·cited 6×
  The court held that the first judge's rulings need not be vacated because, based on the circumstances, a reasonable person would conclude he did not have knowledge of his financial interest in Xerox at the time he sat on the case.
• Taffer v. State
  504 So. 2d 436· Fla. 2d DCA· 1987-02-27 ·cited 6×
  James Taffer appeals his convictions for possession and sale of marijuana and possession of and trafficking in cocaine. The court affirmed his convictions and sentences but reversed the imposition of court costs as they were imposed retroactively.
• Jewel M. Cooper v. Diamond M Co.
  799 F.2d 176· 5th Cir.· 1986-09-08 ·cited 6×
  The court held that the three-year statute of limitations under 46 U.S.C. § 763a applies to unseaworthiness claims accruing before its enactment, and that a maintenance and cure claim accrues when the seaman becomes incapacitated, not when the injury occurs.
• In re Washburn & Roberts, Inc. v. Park East
  795 F.2d 870· 9th Cir.· 1986-07-29 ·cited 6×
  The dissenting judge would not recognize the hypothetical bona fide purchaser (BFP) status conferred by § 544(a)(3) in this case.
• R.A. Caldwell v. Gurley Ref. Co.
  755 F.2d 645· 8th Cir.· 1985-02-25 ·cited 6×
  The court held that the trial court had jurisdiction under the Declaratory Judgment Act, that Gurley remained liable for pollution due to misrepresentation upon early lease termination, and that the lease term extended for indemnity purposes based on the jury's findings.
• Eutues White v. Finkbeiner
  753 F.2d 540· 7th Cir.· 1985-01-15 ·cited 6×
  The government waived its right to contest the retroactive application of the Edwards rule by failing to raise the issue in prior proceedings.
• Lewis v. Crim. Just. Standards & Training Comm'n
  462 So. 2d 528· Fla. 1st DCA· 1985-01-08 ·cited 6×
  The court held that a law enforcement officer's certification cannot be revoked under a statute that was not in effect at the time of the alleged conduct and has no provision for retroactive application.
• J.D. MacRAE, Jr. v. Cessna Aircraft Co.
  457 So. 2d 1093· Fla. 1st DCA· 1984-09-27 ·cited 6×
  The court held that the 12-year statute of limitations for products liability claims is constitutional as applied, even if it retroactively shortens the period, provided a reasonable time to file suit is allowed.
• Valeria Reed & Marcella Rouland v. United States
  743 F.2d 481· 7th Cir.· 1984-08-24 ·cited 6×
  The court held that the 1978 amendment to I.R.C. § 2035, mandating the de minimis approach for estate tax inclusion of gifts made within three years of death, was constitutional and properly applied retroactively; that the credit for prior transferred property under I.R.C. § 2013
• Adams v. State
  448 So. 2d 1201· Fla. 3d DCA· 1984-04-24 ·cited 6×
  James Adams was convicted of manslaughter by operation of a motor vehicle while intoxicated based on a blood-alcohol test administered after a fatal accident. The Florida appellate court reversed the conviction, holding that the blood test was taken as part of the accident invest
• Shatto v. Evans Prods. Co.
  728 F.2d 1224· 9th Cir.· 1984-03-19 ·cited 6×
  The court held that genuine issues of material fact exist regarding the plan's termination date, the substitution of pension plans, and the satisfaction of contingent liabilities, precluding summary judgment.
• Burke Mountain Acad., Inc. v. United States
  715 F.2d 779· 2d Cir.· 1983-08-22 ·cited 6×
  The court held that the statute retroactively deeming a waiver of exemption for social security taxes, as applied to an organization that erroneously paid taxes without filing a waiver, did not violate due process or equal protection.
• MAY v. State Farm Mut. Auto. INS. Co.
  430 So. 2d 999· Fla. 4th DCA· 1983-05-11 ·cited 6×
  The court held that insurance policies renewed after the effective date of the anti-stacking statute are subject to its provisions, even if originally issued before the statute's effective date.
• LTV Fed. Credit Union v. Umic Gov't Sec., Inc.
  704 F.2d 199· 5th Cir.· 1983-05-06 ·cited 6×
  The court held that recent amendments to the Securities Acts, which now include options on securities, should not be applied retroactively to this private contract dispute, as doing so would result in manifest injustice to UMIC.
• Schultz v. Brevard Cnty.
  431 So. 2d 187· Fla. 5th DCA· 1983-04-13 ·cited 6×
  The court held that the statutory exception to the venue privilege for state agencies does not apply retroactively to causes of action that accrued before its effective date.
• ALL Am. Pools 'N Patio & Emp'rs Ins. of Wausau v. Zinnkann
  429 So. 2d 733· Fla. 1st DCA· 1983-03-29 ·cited 6×
  The court held that California Code of Civil Procedure § 580b barred a deficiency judgment on purchase money notes for out-of-state property, and that the buyer waived its right to rescind the contract.
• Behring Int'l, Inc. v. Imperial Iranian AIR Force & Iran Aircraft Indus.
  699 F.2d 657· 3d Cir.· 1983-02-09 ·cited 6×
  The court held that Behring's claims outstanding as of January 19, 1981, were suspended by the Algerian Declarations and Executive Order and must be presented to the Iran-United States Claims Tribunal, and that the Iranian defendants' appeal was untimely.
• In re Gifford
  669 F.2d 468· 7th Cir.· 1982-01-21 ·cited 6×
  Section 522(f)(2) of the Bankruptcy Code does not apply to security interests acquired before its enactment date, as retroactive application would raise significant constitutional questions under the Fifth Amendment's taking clause.
• Williams v. State
  406 So. 2d 1246· Fla. 1st DCA· 1981-12-08 ·cited 6×
  Williams appeals denial of post-conviction relief under Florida Criminal Procedure Rule 3.850, arguing that a tape recording admitted at trial violated protections announced in State v. Sarmiento and Hoberman v. State. The court affirms the denial, holding that Sarmiento represen
• Gross v. Harris
  664 F.2d 667· 8th Cir.· 1981-11-25 ·cited 6×
  The court held that the former Missouri statutes unconstitutionally discriminated on the basis of legitimacy and sex, and that the Trimble decision should be applied retrospectively to these Social Security benefit claims.
• The Hanna Mining Co. v. The Escanaba & Lake Superior R.R. Co.
  664 F.2d 594· 6th Cir.· 1981-11-20 ·cited 6×
  The court held that the Staggers Rail Act of 1980, retroactively applied, vests exclusive jurisdiction for enforcing pre-existing contract rate agreements in the courts, not the ICC, and affirmed the district court's dismissal without prejudice.
• Jensen v. United States
  662 F.2d 664· 10th Cir.· 1981-10-23 ·cited 6×
  The court held that the Uniform Relocation Assistance Act's homeowner relocation benefits provision (§ 203) does not apply to owners whose property was acquired before the Act's effective date, but reversed summary judgment due to disputed facts regarding government misrepresenta
• In re LaFORTUNE v. Naval Weapons Ctr. Fed. Credit Union
  652 F.2d 842· 9th Cir.· 1981-08-03 ·cited 6×
  The court held that the retroactive application of California Code of Civil Procedure section 690.235 unconstitutionally impaired pre-existing contractual obligations and that the judgment lien attached prior to the four-month bankruptcy window, thus the constable's sale was not
• Fitzgerald v. Century Park, Inc.
  642 F.2d 356· 9th Cir.· 1981-04-20 ·cited 6×
  The court held that the Interstate Land Sales Full Disclosure Act does not allow for 'benefit of the bargain' damages and that the 1979 amendments to the Act are not to be applied retroactively. The court also declined to consider nominal damages raised for the first time on appe
• Guzman v. Morris
  644 F.2d 1295· 9th Cir.· 1981-04-16 ·cited 6×
  The court held that the recalculation of a prisoner's release date under California's Determinate Sentencing Law, even if considering prior convictions dismissed as part of a plea bargain, does not violate the plea bargain or due process, as the DSL procedure is administrative an
• Cent. Power & Light Co. v. United States & Interstate Commerce Comm'n
  639 F.2d 1104· 5th Cir.· 1981-02-26 ·cited 6×
  The court granted the petition for rehearing, reinstated its prior opinion, and supplemented it, finding that certain arguments by the railroads regarding new legislation and regulations were premature or not adequately briefed for appellate review.
• Porteous v. Fowler
  394 So. 2d 154· Fla. 4th DCA· 1981-02-04 ·cited 6×
• Bonnett v. Solem
  640 F.2d 125· 8th Cir.· 1981-01-30 ·cited 6×
  The court held that the jury instruction did not create an unconstitutional presumption, thus the petitioner's due process rights were not violated.
• Hupman v. Cook
  640 F.2d 497· 4th Cir.· 1981-01-23 ·cited 6×
  The court held that the 1973 amendment abrogating the five-year limitations period for installers applied to installations completed before the amendment but less than five years old, meaning the action was not time-barred.
• Jewett v. Commissioner OF Internal Revenue
  638 F.2d 93· 9th Cir.· 1980-12-09 ·cited 6×
  The court should follow established precedent from Keinath and Cottrell, rather than giving retrospective effect to the Tax Reform Act of 1976.
• Usery v. Franklin R. Lacy (Aqua View Apartments)
  628 F.2d 1226· 9th Cir.· 1980-09-24 ·cited 6×
  An employer constructing a medium-sized apartment building is covered by the Occupational Safety and Health Act (OSHA) because its activities, in the aggregate, affect commerce.
• Wis. Higher Educ. Aids Bd. v. Lipke
  630 F.2d 1225· 7th Cir.· 1980-09-19 ·cited 6×
  The court held that the repeal of Section 439A of the Higher Education Act was ineffective for bankruptcy proceedings commenced before October 1, 1979, due to congressional intent to prevent a dischargeability gap for student loans.
• Watkins v. Barber-Colman Co., Inc.
  625 F.2d 714· 5th Cir.· 1980-09-12 ·cited 6×
  The court held that the strict liability and breach of warranty claims were properly dismissed, but the negligence claim was improperly dismissed as barred by the statute of limitations.
• Pesantes v. United States
  621 F.2d 175· 5th Cir.· 1980-07-10 ·cited 6×
  The court held that under Louisiana law, the testimony of a qualified medical specialist is admissible to establish the standard of care for another specialist, regardless of locality, and this standard applies retroactively.
• Scarboro v. First Am. Nat'l Bank OF Nashville
  619 F.2d 621· 6th Cir.· 1980-05-09 ·cited 6×
  A plaintiff in an Age Discrimination in Employment Act suit is entitled to a jury trial, and this right applies retrospectively.
• Hickox v. Univ. Cmty. Hosp., Inc.
  384 So. 2d 160· Fla. 2d DCA· 1980-04-16 ·cited 6×
  The court held that the Medical Mediation Act did not apply to the cause of action against the Cohen estate, and the claim was timely filed within the applicable statute of limitations.
• Garofalo v. Cmty. Hosp. of S. Broward
  382 So. 2d 722· Fla. 4th DCA· 1980-03-05 ·cited 6×
  The court reversed a summary judgment dismissing a medical malpractice suit against a hospital based on the statute of limitations. The plaintiff filed suit in 1976, nearly four years after her injury in 1972, and the issue was whether the newer two-year limitation period for med
• Kuhar v. Greensburg-Salem Sch. Dist. & Robert L. Dovey
  616 F.2d 676· 3d Cir.· 1980-02-19 ·cited 6×
  The court held that a school district's application of its mandatory retirement policy at age 65 was not irrational or a violation of constitutional rights, even with impending statutory changes.
• Johnson v. State
  379 So. 2d 704· Fla. 3d DCA· 1980-02-12 ·cited 6×
  Linda Joan Johnson, a 17-year-old charged with first-degree murder, had jurisdiction waived to adult criminal court for trial on that charge. The state then prosecuted her for the lesser offense of second-degree murder instead. The court held that the transfer of the 'case' inclu