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

• 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.
• 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.
• Wilson v. Giesen
  956 F.2d 738· 7th Cir.· 1992-02-14 ·cited 6×·via Retroactivity Of Statutory Amendments
  The court held that the plaintiff's civil rights complaint was untimely filed, affirming the district court's dismissal.
• 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.
• 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.
• 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
• Burris v. Goodyear
  577 So. 2d 1376· Fla. 1st DCA· 1991-04-09 ·cited 6×
  An award of attendant-care benefits must be supported by competent substantial evidence regarding both the necessity and value of care. A judge of compensation claims may not reject unrefuted expert medical testimony concerning attendant-care needs without providing sufficient re
• 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.
• Arnette v. State
  566 So. 2d 1369· Fla. 5th DCA· 1990-09-20 ·cited 6×·via Retroactivity Of Statutory Amendments
  Arnette, a youthful offender originally sentenced to a probationary split sentence, challenges his re-sentencing to life and five years after violating community control. The court holds that pre-1985 amendment law limited youthful offender re-sentencing to four years maximum, an
• 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.
• 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×
  A court-awarded attorney fee cannot exceed the fee agreement reached between the attorney and client, even when calculating a lodestar-based fee with enhancement for contingency risk.
• 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.
• Smith v. Sturm
  510 So. 2d 343· Fla. 2d DCA· 1987-07-17 ·cited 6×·via Retroactive Legislation
  Smith appeals summary judgment dismissing his products liability suit against Sturm, Ruger based on Florida's statute of repose. The court affirms, holding that the Pullum decision retroactively reinstated the statute of repose, barring Smith's claim filed in 1986 for injuries oc
• Keyes v. Fulton Mfg. Corp.
  506 So. 2d 1099· Fla. 3d DCA· 1987-05-05 ·cited 6×·via Retrospective Operation Of Statutes
  The court held that the product liability action was barred by the statute of repose, section 95.031(2), Florida Statutes (1983). The court affirmed the summary final judgment.
• 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.