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

• 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
• McKenzie v. State
  333 So. 3d 1098· Fla.· 2022-02-10 ·cited 6×
  The trial court properly denied McKenzie's motion for an interrogatory penalty phase verdict requiring the jury to specify facts supporting aggravating factors, as the required jury finding is only the unanimous finding of the existence of one or more aggravating factors proven b
• McGregor v. Fowler White Burnett, P.A.
  332 So. 3d 481· Fla. 4th DCA· 2021-12-01 ·cited 6×·via Retroactivity Of Statutory Amendments
  Fraudulent transfer claims brought in proceedings supplementary seeking money damages must be pursued under section 56.29(9) and are therefore subject to chapter 726's statute of limitations under section 726.110, not exempt from those limitations by virtue of being brought under
• Stapleton v. State
  286 So. 3d 837· Fla. 5th DCA· 2019-10-24 ·cited 6×
  Lester Stapleton appeals the trial court's denial of his motion to correct sentencing error, arguing that amendments to Florida's Savings Clause and the 10-20-Life sentencing statute should be applied retroactively to his case. The court affirmed, holding that the statute in effe
• 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
• Zook v. State
  883 So. 2d 332· Fla. 2d DCA· 2004-09-01 ·cited 6×·via Retroactivity Of Statutory Amendments
  Jason Zook appealed the denial of his motion for postconviction relief challenging his sentencing as a Prison Releasee Reoffender (PRR). The court reversed and remanded for resentencing, finding that the offenses for which he received PRR enhancements—burglary of an unoccupied dw
• 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.
• Tejada v. In re Forfeiture OF THE Following Described Prop.: $406
  820 So. 2d 385· Fla. 3d DCA· 2002-05-29 ·cited 6×
  Andres Tejada appeals a civil forfeiture action dismissing his claim to $406,626.11 seized from his Florida bank account under the fugitive disentitlement doctrine, codified in Florida Statute 896.106. The court affirms, holding that the statute does not violate due process and w
• Hester v. State
  779 So. 2d 471· Fla. 2d DCA· 2000-10-27 ·cited 6×·via Retroactivity Of Statutory Amendments
  The trial court did not err in denying the motion to correct an illegal sentence because the sentence was imposed in accordance with the statute in effect at the time of the offense.
• 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.
• 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.