Retroactive Application Of Statutes

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

• Richmond Elks Hall Ass'n v. Richmond Redev. Agency
  609 F.2d 383· 9th Cir.· 1979-12-06 ·cited 6×
  The court held that the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and its implementing regulation, do not apply retroactively to property acquisitions that occurred before January 2, 1971, thus reversing an award of litigation expenses.
• Hoffman v. Hoffman
  371 So. 2d 1061· Fla. 3d DCA· 1979-05-29 ·cited 6×
  The Third District Court of Appeal reversed a trial court's determination that child support obligations terminated when the oldest child reached age 18. The court held that pre-1973 divorce decrees requiring support until a child is 'emancipated' or 'self-supporting' continue un
• Green v. The Quincy State Bank
  368 So. 2d 451· Fla. 1st DCA· 1979-03-14 ·cited 6×
  The court held that an adopted child (George William Burch) is entitled to inherit from his natural father's irrevocable trust created in 1956, despite a subsequent change in Florida law terminating inheritance rights for adopted children. The court ruled that the trust's meaning
• Royal v. Superior Court OF NEW Hampshire
  531 F.2d 1084· 1st Cir.· 1976-03-12 ·cited 6×
  The court held that the petitioner was denied due process because he was charged and convicted under a statute that was unconstitutionally vague as applied to him.
• State of Fla. Dep't OF Pollution Control v. Int'l Paper Co.
  329 So. 2d 5· Fla.· 1976-02-26 ·cited 6×
  The Florida Supreme Court upheld the constitutionality of a statute authorizing the Department of Pollution Control to assess damages for fish kills using a standardized table of fish values, while holding that the 1972 amendment allowing administrative enforcement could not be r
• 33 Flavors OF Fla., Inc. v. Larsen
  308 So. 2d 591· Fla. 2d DCA· 1975-02-05 ·cited 6×
  33 Flavors of Florida sold an ice cream franchise to the Larsens using misrepresentations made before a new statute prohibiting franchise misrepresentation took effect. The court affirmed that once the statute became effective, the franchisor had a duty to disclose or correct the
• Georgette Daugherty v. Daugherty
  293 So. 2d 394· Fla. 3d DCA· 1974-04-23 ·cited 6×
  The court held that a statute defining 'minor' as under 18 did not affect pre-existing child support obligations for children over 18 but under 21.
• Morton E. Cole v. Commissioner OF Internal Revenue
  481 F.2d 872· 2d Cir.· 1973-07-17 ·cited 6×
  The court held that travel expenses and weekly compensation payments made to a former employee after statutory limits expired were not deductible as ordinary and necessary business expenses.
• Williams v. Mo. Dep't of Corr.
  463 F.2d 993· 8th Cir.· 1972-07-21 ·cited 6×
  The court held that the petitioner had not exhausted his state judicial remedies, which is a prerequisite for federal habeas corpus relief.
• Bradley v. Gen. Motors Corp.
  463 F.2d 239· 6th Cir.· 1972-05-18 ·cited 6×
  The court held that the trial court's summary judgment must be vacated and the case remanded for reconsideration in light of a recent statutory amendment.
• Page v. United States
  459 F.2d 467· 10th Cir.· 1972-04-27 ·cited 6×
  The Court held that the sentencing provisions of the new Comprehensive Drug Abuse, Prevention and Control Act of 1970 cannot be applied retroactively to a sentence imposed prior to its effective date.
• Lucien Taliaferro and Priscilla Taliaferro v. Henrik E. Stafseth
  455 F.2d 207· 6th Cir.· 1972-02-11 ·cited 6×
  The statute providing relocation payments for displaced owners does not apply retroactively to owners whose title was divested before the Act's effective date.
• Letitia E. Myers v. Town OF Harrison
  438 F.2d 293· 2d Cir.· 1971-02-16 ·cited 6×
  The court held that there was sufficient evidence to submit the issue of the appellant's negligence to the jury, but that the jury instructions on damages were inadequate, requiring a new trial on that issue only.
• United States v. Suel
  435 F.2d 1272· 5th Cir.· 1970-12-21 ·cited 6×
  The court held that it was plain error to instruct the jury that defendants could be found guilty of both larceny and receiving the proceeds of that larceny.
• Henry v. Jenkins and Joseph J. Jenkins
  231 So. 2d 809· Fla.· 1970-02-11 ·cited 6×
  This case addresses whether a testator's will referring to Florida's Principal and Income Act is governed by that statute as it existed when the will was executed, or as amended thereafter. The Florida Supreme Court held that absent express language allowing for future amendments
• Schwartz v. Major General John Franklin
  412 F.2d 736· 9th Cir.· 1969-06-10 ·cited 6×
  The court held that the Congressional War Powers permit the retroactive application of 10 U.S.C. § 673a, which may result in a minimal breach of a reservist's contract or infringement of personal freedom.
• Lynch v. Electro Refractories & Abrasives Corp.
  408 F.2d 363· 6th Cir.· 1969-03-27 ·cited 6×
  Plaintiff is entitled to collect interest on his tort judgment from the date of the filing of the complaint, not just from the date of judgment.
• Hopkins v. Gardner
  374 F.2d 726· 7th Cir.· 1967-03-15 ·cited 6×
  The court held that the attorney's fee under 42 U.S.C. § 406(b)(1) is calculated based only on the past-due benefits of the individual claimant, not including derivative benefits of family members. The statute applies to judgments entered after its enactment, even if the fee agre
• Bayou Barber Coll., Inc. v. Mincey
  193 So. 2d 610· Fla.· 1967-01-06 ·cited 6×
  Bayou Barber College applied for a license to operate a barber school in Florida but was denied because it failed to provide required bond evidence. The school sought declaratory judgment challenging various statutory licensing provisions as unconstitutional. The Florida Supreme
• Int'l Bhd. of Teamsters v. Goldberg
  303 F.2d 402· D.C. Cir.· 1962-04-05 ·cited 6×
  The court held that while the Secretary of Labor may have a right to inspect union records necessary to verify reports, the union's claim that membership lists are protected from disclosure or do not exist requires further factual determination by the District Court.
• Pac. Rock & Gravel Co. v. United States
  297 F.2d 122· 9th Cir.· 1961-08-30 ·cited 6×
• Application of Samuel Mirzoeff v. Mirzoeff
  253 F.2d 671· 2d Cir.· 1958-03-12 ·cited 6×
  The court held that the appellee was not permanently debarred from citizenship under the 1952 Immigration and Nationality Act, despite having applied for relief from military service.
• Commissioner OF Internal Revenue v. Superior Yarn Mills, Inc.
  228 F.2d 736· 4th Cir.· 1955-12-21 ·cited 6×
  The dissenting judge believes the Tax Court's decision regarding the proper allocation of the purchase price between depreciable and non-depreciable assets should be affirmed.
• Commissioner OF Internal Revenue v. Ayres J. Stockly and Esther W. Stockly
  221 F.2d 745· 3d Cir.· 1955-04-18 ·cited 6×
  The majority held that Sections 12(d) and 51(b) of the Code, as amended by the Revenue Act of 1948, could be applied retroactively for the years 1936-1945 in computing the tax limitation on long-term compensation received in 1948.
• Shomberg v. United States
  210 F.2d 82· 2d Cir.· 1954-01-25 ·cited 6×
  The court's majority opinion, which this concurrence questions, likely held that a specific statutory provision applies retroactively to pending rights.
• Coin Mach. Acceptance Corp. v. O'Donnell
  192 F.2d 773· 4th Cir.· 1951-11-05 ·cited 6×
  The court held that the amended Bankruptcy Act, Public Law 461, applies retroactively to pending cases, validating the trust receipts.
• Kalis v. Leahy
  188 F.2d 633· D.C. Cir.· 1951-01-31 ·cited 6×
  The court held that the amendment reducing the time to sue on a rejected claim from nine to three months should not be applied retroactively to estates already in the process of administration when the amendment was enacted.
• Nelson v. Westland Oil Co.
  181 F.2d 371· 8th Cir.· 1950-04-13 ·cited 6×
  The court held that the 1949 amendment to North Dakota's Workmen's Compensation Act, which changed the procedure for third-party liability claims, applied retroactively to causes of action that accrued before its effective date, allowing plaintiffs to bring suit.
• United States v. Union Planters Nat. Bank & Tr. Co.
  175 F.2d 684· 5th Cir.· 1949-06-29 ·cited 6×
  The court held that the Act of March 6, 1946, bars claims of the United States arising from forged endorsements on government checks paid more than six years prior to its enactment, even if notice was given before the act but not within the statutory period.
• Reconstr. Fin. Corp. v. Flynn
  175 F.2d 761· 2d Cir.· 1949-06-08 ·cited 6×
  The court held that Public Law 548, which removed priority for debts due the Reconstruction Finance Corporation (RFC), was intended to be retroactive and applied to claims arising before its enactment. The court also found that the RFC's application for priority, though late, was
• Porter v. Merhar
  160 F.2d 397· 6th Cir.· 1947-04-03 ·cited 6×
  The court held that the district court erred in denying the Price Administrator's motion for a preliminary injunction to restrain an unlawful eviction, and that the landlord was in contempt of a subsequent restraining order.
• Commissioner of Internal Revenue v. Commodore, Inc.
  135 F.2d 89· 6th Cir.· 1943-04-13 ·cited 6×
  The court held that Section 270 of the National Bankruptcy Act, which requires a reduction in the basis of property by the amount of cancelled indebtedness, did not apply retroactively to tax years preceding its effective date.
• City of Bradenton v. Fusillo
  134 Fla. 759· Fla.· 1938-10-31 ·cited 6×
  This case concerns whether a municipality can be subject to execution on a money judgment for defaulted bonds, or if payment can only be compelled by mandamus. The court held that execution is permissible, as statutory provisions regarding tax levies do not limit enforcement meth
• Smith v. State
  62 Fla. 91· Fla.· 1911-06-01 ·cited 6×
  Mack Smith was convicted of being a common liquor dealer under a 1911 Florida statute that criminalized selling liquor in counties that voted against such sales, or selling without a license after a prior conviction. Smith challenged the conviction as an ex post facto violation,
• Boston v. State
  296 So. 3d 580· Fla.· 2021-10-07 ·cited 5×
  A trial court's error in applying an incorrect burden of proof at a pretrial Stand Your Ground immunity hearing is harmless when the defendant is subsequently convicted at trial by proof beyond a reasonable doubt, because the trial burden exceeds the pretrial burden and thus cure
• Aviles-Manfredy v. State
  43 Fla. L. Weekly D2345· Fla. 1st DCA· 2019-01-07 ·cited 5×
  The 2017 amendment to Florida's Stand Your Ground law, which shifts the burden of proof from the defendant to the prosecution and requires clear and convincing evidence, applies retroactively to direct criminal appeals and entitles the defendant to a new immunity hearing.
• Zabik v. Palm Beach Cnty. Sch. Dist. & F.A. Richard & Assocs., Inc.
  901 So. 2d 887· Fla. 1st DCA· 2005-03-29 ·cited 5×
  A workers' compensation claimant appealed the denial of attorney's fees for procuring permanent total disability benefits. The court reversed the decision on the attorney's fees claim for PTD benefits, holding that the employer/carrier was not entitled to a 30-day grace period un
• Armen Melkonian and Diana Melkonian v. Broward Cnty. Bd. of Cnty. Comm'rs
  844 So. 2d 785· Fla. 4th DCA· 2003-05-14 ·cited 5×
  The Fourth District Court of Appeal reversed a jury verdict in a slip-and-fall negligence case, finding that the trial court gave confusing and misleading jury instructions that failed to properly implement the Florida Supreme Court's burden-shifting framework established in Owen
• Octravis Thomas v. State
  844 So. 2d 723· Fla. 5th DCA· 2003-05-09 ·cited 5×
  The court held that the 2002 amendment to Chapter 893, Florida Statutes, which stated knowledge of the illicit nature of a controlled substance was not an element of the offense, could not be applied retroactively to a crime committed before the amendment's effective date.
• Tejada v. In re Forfeiture OF THE Following Described Prop.: $406
  820 So. 2d 385· Fla. 3d DCA· 2002-05-29 ·cited 5×
  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
• Curtis v. State
  805 So. 2d 995· Fla. 1st DCA· 2001-12-07 ·cited 5×
  Curtis challenged the trial court's summary denial of his Rule 3.850 motion as untimely, arguing that the Florida Supreme Court's decision in State v. Miles retroactively rendered his blood-alcohol tests inadmissible and made his guilty plea involuntary. The First District Court
• Mervin L. Anderson v. State
  774 So. 2d 719· Fla. 2d DCA· 2000-05-17 ·cited 5×
• Citation Mortg., Ltd. v. RC OF A Ret. Living Ltd.
  753 So. 2d 777· Fla. 5th DCA· 2000-03-24 ·cited 5×
  Citation Mortgage appeals the dismissal of certain counts and summary judgment against it in a case involving alleged misappropriation of rents from a mortgaged retirement center. The court affirms, holding that rents do not constitute personal property under Florida's theft stat
• Alberts v. State
  711 So. 2d 635· Fla. 2d DCA· 1998-05-27 ·cited 5×
  Tina Alberts appealed a restitution judgment entered after her probationary period had expired. The court held that the trial court lacked jurisdiction to impose a restitution lien in the original embezzlement case after probation ended in 1996, and reversed the judgment.
• Clarkson v. State
  678 So. 2d 486· Fla. 5th DCA· 1996-08-16 ·cited 5×
  The court held that the 1994 statutory amendment regarding sentencing criteria is procedural and applies retroactively to offenses committed before its effective date.
• Forrester v. John H. Phipps, Inc.
  643 So. 2d 1109· Fla. 1st DCA· 1994-09-07 ·cited 5×
  Pamela Forrester appealed the dismissal of her complaint alleging retaliatory discharge under Florida's whistleblower statute (sections 448.101-105). The First District Court of Appeal affirmed the dismissal, holding that the statute protects employees who refuse to participate i
• Frazier v. Garrison I.S.D.
  980 F.2d 1514· 5th Cir.· 1993-01-14 ·cited 5×
  The court held that the teachers' claims under Title VI, Title VII, ADEA, Due Process, and Equal Protection were properly dismissed, affirming the trial court's summary judgment. The court found the Title VI claim time-barred, the EEOA claim abandoned, and the Title VII/ADEA clai
• George Austin, M.D. v. James V. McNAMARA, M.D.
  979 F.2d 728· 9th Cir.· 1992-11-06 ·cited 5×
  The court held that the Health Care Quality Improvement Act (HCQIA) immunity provisions applied retroactively to the peer review process, even though the investigation largely occurred before the statute's effective date.
• Joyner v. Monier Roof Tile, Inc.
  784 F. Supp. 872· S.D. Fla.· 1992-02-04 ·cited 5×
  The court held that the Civil Rights Act of 1991 should be applied retroactively to allow amendment of the complaint, as it provides remedial rather than substantive changes and does not result in manifest injustice.
• Orrego v. 833 W. Buena Joint Venture
  943 F.2d 730· 7th Cir.· 1991-09-13 ·cited 5×
  The court held that the Emergency Low Income Housing Preservation Act of 1987 (ELIHPA) and its subsequent amendment, the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (LIHPRHA), do not apply retroactively to void a mortgage prepayment made before the Pres