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

• 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.
• Cisco Coop. Grain Co. & Prairie Cent. Ry. Co. v. Interstate Commerce Comm'n & United States
  717 F.2d 401· 7th Cir.· 1983-09-15 ·cited 6×·via Statutory Retroactivity
  The court held that the ICC's 90-day regulation frustrated congressional intent by reducing the guaranteed window for feeder applications.
• 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×
  When a claim for permanent total disability benefits contains sufficient information to enable investigation, the 21-day period in § 440.34(1) commences upon filing of the claim, not upon later completion of rehabilitation efforts, and the carrier's failure to accept or pay withi
• 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.
• Yellow CAB Co. OF Dade Cnty. & Home of Yellow Cab Co., Inc. v. Dade Cnty.
  412 So. 2d 395· Fla. 3d DCA· 1982-03-23 ·cited 6×·via Retroactive Legislation
  The court held that Dade County ordinances prohibiting exclusive taxi service at hotels did not unconstitutionally impair contracts because the county's interests outweighed the impairment.
• 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
• Fields v. Zinman
  394 So. 2d 1133· Fla. 4th DCA· 1981-03-11 ·cited 6×·via Retrospective Application
  The Fourth District Court of Appeal held that filing fees in civil appeals may be waived for indigent litigants upon a proper finding of indigency, interpreting Florida Statutes § 57.081 to apply to appellate proceedings despite statutory ambiguity and conflicting precedent. The
• 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.
• Home Mut. Ins. Co. v. Commissioner OF Internal Revenue
  639 F.2d 333· 7th Cir.· 1980-04-29 ·cited 6×·via Retroactive Tax Legislation
• 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
• 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
• Smith E. Carreathers v. Alexander
  587 F.2d 1046· 10th Cir.· 1978-11-28 ·cited 6×·via Retroactivity Of Statutory Amendments
  The court held that while a trial de novo was not warranted for issues already decided favorably, it may be appropriate for the harassment claim. The 1972 amendments apply retroactively to allow consideration of pre-effective date discrimination within the two-year limitation per
• 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
• Nash v. State
  313 So. 2d 118· Fla. 2d DCA· 1975-05-28 ·cited 6×·via Retroactivity Of Statutory Amendments
  Appellant is entitled to credit for jail time served prior to sentencing due to a statutory amendment.
• 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
• Purvis v. United States
  501 F.2d 311· 9th Cir.· 1974-07-18 ·cited 6×·via Retroactive Tax Legislation
  The dissenting judge would hold that the retroactive application of the Interest Equalization Tax Act of 1964 to the taxpayer's transactions was unconstitutional.
• 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.
• VAN DEN Bliek v. State
  281 So. 2d 218· Fla. 4th DCA· 1973-08-06 ·cited 6×·via Retroactivity Of Statutory Amendments
  The court held that the escape statute's requirement of a "convicted and sentenced" prisoner applied to escapes occurring after a 1969 amendment, but not to those before it.