Retroactive Application Of Statutes

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

• Aledo-Garcia v. Puerto RICO Nat'l Guard Fund, Inc.
  887 F.2d 354· 1st Cir.· 1989-10-16 ·cited 5×
  The court held that the 1986 amendment to the ADEA, which removed the upper age limit, should be applied to a case where the employee was mandatorily retired just before the amendment's effective date, as the employer is a public entity and applying the amended law would not resu
• Carroll F. Youngblood v. Lynaugh
  882 F.2d 956· 5th Cir.· 1989-09-08 ·cited 5×
• Olsen v. McFAUL
  843 F.2d 918· 6th Cir.· 1988-04-01 ·cited 5×
  The court held that a city cannot be bound by apparent authority of its agents and that Olsen's conviction for issuing a bad check was not constitutionally flawed despite the absence of an underlying debt.
• de Luna v. Farris
  841 F.2d 312· 9th Cir.· 1988-03-09 ·cited 5×
  The court held that the amended Arizona statute governing tolling of the statute of limitations for imprisonment applied, and the plaintiff's claim was time-barred.
• Williams v. Am. Laundry Mach. Indus.
  513 So. 2d 1328· Fla. 2d DCA· 1987-10-02 ·cited 5×
• Tyler v. Shafatt Ahmed, M.D.
  813 F.2d 1114· 11th Cir.· 1987-04-03 ·cited 5×
  A patient who settles with her insurer for all injuries, including those from alleged medical malpractice, cannot subsequently sue her physicians for that malpractice because the right of action has transferred to the insurer via subrogation.
• ACE Cycle World, Inc. v. Am. Honda Motor Co., Inc.
  788 F.2d 1225· 7th Cir.· 1986-04-11 ·cited 5×
  The court held that the Illinois Motor Vehicle Franchise Act, as amended, does not apply retroactively to franchise agreements entered into before the amendments, and therefore, the plaintiff's claim was properly dismissed.
• Collier v. Dade Cnty.
  417 So. 2d 695· Fla. 3d DCA· 1982-06-22 ·cited 5×
  Elizabeth Collier sued Dade County and surgeon Dr. Mixson for leaving a hemostat in her body during 1956 surgery, discovering it 20 years later. The trial court granted summary judgment to both defendants based on sovereign immunity, but the appellate court reversed as to Mixson
• Nat'l State Bank OF Elizabeth v. Smith
  591 F.2d 223· 3d Cir.· 1979-01-15 ·cited 5×
  The court held that a recent amendment to the National Bank Act validated the Comptroller's action in limiting a national bank's operations to trust company business, requiring reversal of the district court's judgment. The court also reinstated claims against other defendants fo
• Dep't OF Bus. Reg. v. The Huddle, Inc.
  342 So. 2d 140· Fla. 1st DCA· 1977-02-15 ·cited 5×
  The 51% gross revenue requirement for special restaurant alcoholic beverage licenses does not apply to licenses issued before April 18, 1972, but the prior 30% requirement does apply.
• Fla. Revenue Comm'n & Fred O. Dickinson, Jr. v. Maas Bros., Inc.
  226 So. 2d 849· Fla. 1st DCA· 1969-10-02 ·cited 5×
  The Florida Revenue Commission appealed summary judgments requiring refunds of rental taxes paid under protest on rent prepaid before April 1, 1968, when Florida enacted a 4% excise tax on commercial building rentals. The court reversed, holding that the tax is an excise tax on t
• The Home Ins. Co. v. Drescher
  220 So. 2d 902· Fla.· 1969-03-19 ·cited 5×
  The Florida Supreme Court discharged a writ of certiorari regarding an insurance dispute and addressed the applicability of a 1967 amendment to Florida's Insurance Code allowing appellate courts to award attorneys' fees to insureds in appeals against insurers. The Court held that
• S.S. Co. v. United States
  103 U.S. 721· U.S.· 1880-10-01 ·cited 5×
  The Pacific Mail Steamship Company sued the United States for full compensation under a mail delivery contract, while the government appealed a partial judgment, turning on whether the company was required to perform the semi-monthly mail service exclusively with newly built iron
• Walsh v. Dep't of Child. & Families
  380 So. 3d 469· Fla. 4th DCA· 2024-09-04 ·cited 4×
  The Florida Fourth District Court of Appeal held that amendments to section 63.082(6) providing a rebuttable presumption favoring a child's current prospective adoptive placement apply retroactively to pending proceedings reopened after the amendment's effective date. The court r
• Lateef Garnes v. State
  382 So. 3d 701· Fla. 4th DCA· 2024-02-28 ·cited 4×
  The trial court properly reclassified the aggravated battery convictions as first-degree felonies based on great bodily harm; however, the court erred in imposing sentences of 36 years for aggravated battery (exceeding the 30-year statutory maximum) and 36 years with a 20-year ma
• McGuire v. Marshall
  50 F.4th 986· 11th Cir.· 2022-10-03 ·cited 4×
  Michael McGuire, a convicted sex offender required to register under Alabama's sex offender registration statute, challenged the retroactive application of certain provisions of that law as violative of the Ex Post Facto Clause. The Eleventh Circuit Court of Appeals held that Ala
• Shamar Lavone McCullum v. State
  263 So. 3d 276· Fla. 1st DCA· 2019-02-05 ·cited 4×
  Shamar McCullum, a juvenile offender sentenced to life imprisonment without parole for armed robbery and attempted second-degree murder, appeals the denial of his motion to correct an allegedly illegal sentence. After multiple prior appeals and resentencings, McCullum argues he i
• Nationstar Mortg. v. LHF Hudson
  271 So. 3d 1073· Fla. 3d DCA· 2019-01-30 ·cited 4×
  The appellate court reversed a summary judgment in favor of the defendant, finding that the plaintiff's foreclosure action was not barred by the statute of limitations or equitable estoppel. The court clarified that subsequent defaults on a mortgage can create new causes of actio
• Jefrey Rosario v. State
  165 So. 3d 852· Fla. 1st DCA· 2015-06-11 ·cited 4×
  Jeffrey Rosario sought Stand Your Ground immunity under Florida law for his role in a shooting during a drug deal gone wrong. The trial court denied his motion to dismiss by retroactively applying 2014 amendments to the Stand Your Ground statute, and the appellate court granted h
• Essex Ins. Co. v. Integrated Drainage Solutions, Inc.
  124 So. 3d 947· Fla. 2d DCA· 2013-10-04 ·cited 4×
  Essex Insurance Company sought declaratory relief that it was not obligated to defend or indemnify defendants in a wrongful death suit based on policy exclusions. The circuit court granted summary judgment for the defendants, but the appellate court reversed, holding that the 200
• In the Interest of A.R. and A.R. v. T.C. and D.R.
  95 So. 3d 1050· Fla. 2d DCA· 2012-08-29 ·cited 4×
  The Department of Children and Family Services appealed the denial of its petition to terminate parental rights of T.C. and D.R. regarding their two minor children. The court reversed and remanded as to the mother, holding that the trial court erred in concluding it lacked statut
• Presmy v. Smith
  69 So. 3d 383· Fla. 1st DCA· 2011-09-16 ·cited 4×
  A teacher appealed the Education Practices Commission's decision to permanently revoke his educator certificate based on a prior misdemeanor battery conviction, arguing the statute mandating revocation was applied retroactively. The court reversed, holding that the 2008 amendment
• GEICO Indem. Co. v. Physicians Grp., LLC
  47 So. 3d 354· Fla. 2d DCA· 2010-11-03 ·cited 4×
  GEICO sought review of a county court's declaratory judgment ruling that the 2008 version of Florida's personal injury protection (PIP) statute does not apply retroactively to an insurance policy issued and expired before the statute's January 1, 2008 effective date. The appellat
• State v. City OF Delray Beach
  40 So. 3d 835· Fla. 1st DCA· 2010-07-13 ·cited 4×
  The Florida First District Court of Appeal reversed a trial court's grant of summary judgment to the City of Delray Beach in a declaratory judgment action challenging the Department of Management Services' application of Chapter 99-1 to the City's police and firefighter pension p
• Coventry First, LLC v. State of Fla. Off. OF Ins. Reg. an Agency of the State of Fla.
  30 So. 3d 552· Fla. 1st DCA· 2010-02-12 ·cited 4×
  Coventry First, LLC appealed a trial court order denying injunctive relief and declaratory judgment regarding work papers submitted to the Office of Insurance Regulation. The court held that a 2007 amendment to Florida's insurance regulation statute cannot be retroactively applie
• Cohn v. The Grand Condo. Ass'n, Inc.
  26 So. 3d 8· Fla. 3d DCA· 2009-11-12 ·cited 4×
  The court affirmed a trial court's holding that the 2007 retroactive application of Florida's mixed-use condominium voting statute (§718.404(2)) was unconstitutional as applied to The Grand Condominium because it impaired the obligation of contracts. The court found that applying
• Raborn v. Menotte
  974 So. 2d 328· Fla.· 2008-01-10 ·cited 4×
  The Florida Supreme Court held that a recorded deed conveying property to a named trustee of a specifically identified private express trust conveys only legal title (not fee simple) to the trustee, even though beneficiaries and trust purposes were not named in the deed itself. T
• Mitchell v. State
  954 So. 2d 1263· Fla. 5th DCA· 2007-04-27 ·cited 4×
  Florida appellate court affirmed Mitchell's convictions for battery and false imprisonment but reversed in part to strike an improper probation condition and an unauthorized court facility fee.
• Massey v. David
  953 So. 2d 599· Fla. 1st DCA· 2007-03-12 ·cited 4×
  Gary Massey appealed a trial court's judgment awarding costs to his opponent Calvin David in a legal malpractice case. The Florida First District Court of Appeal affirmed, holding that Massey was not the prevailing party because although he won on the negligence issue in Phase I,
• Leveritt v. State
  896 So. 2d 704· Fla.· 2005-01-13 ·cited 4×
  The Florida Supreme Court addressed whether a trial court commits fundamental error in a DUI manslaughter case by instructing the jury on a presumption of impairment that was invalidated by Miles v. State during the pendency of appeal. The Court declined to definitively answer th
• Martin Daytona Corp. v. Strickland Constr. Servs.
  881 So. 2d 686· Fla. 5th DCA· 2004-08-27 ·cited 4×
  Martin Daytona Corporation appealed an order staying arbitration of a payment dispute with Strickland Construction Services. The trial court had invalidated the subcontract based on Martin Daytona's failure to separately register and license its fictitious name "Martin Masonry" u
• Jackson v. York Hannover Nursing Ctrs., Inc.
  853 So. 2d 598· Fla. 5th DCA· 2003-09-05 ·cited 4×
  Annie Jackson, as Personal Representative of a deceased nursing home resident's estate, sought certiorari review of a trial court order permitting post-judgment depositions of her attorneys in connection with a section 57.105 attorney's fees motion filed by York Hannover Nursing
• Skellie v. State
  849 So. 2d 1220· Fla. 5th DCA· 2003-07-25 ·cited 4×
  The court held that the trial court erred in summarily denying the motion for post-conviction relief because the record did not conclusively refute the defendant's claim of ineffective assistance of counsel.
• Reeves v. State
  845 So. 2d 962· Fla. 2d DCA· 2003-05-09 ·cited 4×
  Appellant's convictions for attempted kidnapping and aggravated battery are affirmed, but his sentences are reversed and remanded for resentencing because reenacted punishments cannot be applied retroactively under Green v. State.
• Gilbert v. State
  843 So. 2d 972· Fla. 2d DCA· 2003-04-30 ·cited 4×
  William Gilbert appealed the denial of his motion challenging mandatory minimum sentences imposed for drug trafficking convictions. The court reversed, holding that because Gilbert's offenses occurred within the "Taylor window" (after an unconstitutional statute was enacted but b
• Hypower, Inc. v. State
  839 So. 2d 856· Fla. 1st DCA· 2003-03-10 ·cited 4×
  Hypower challenges the State Arbitration Board's denial of its arbitration request as untimely. The court reversed, holding that Hypower's request filed exactly 853 days after final acceptance was timely because the parties' contract and acceptance letter extended the filing peri
• Jofre Warren Miller v. State
  829 So. 2d 321· Fla. 5th DCA· 2002-10-25 ·cited 4×
  Miller filed a Rule 3.850 motion raising a Heggs constitutional challenge to the 1995 sentencing guidelines, arguing his 1997 sentence for second-degree murder was unconstitutional. The trial court denied relief, and the appellate court affirmed on the basis that the motion was u
• D.B. v. Dep't of Child. & Families
  791 So. 2d 1225· Fla. 5th DCA· 2001-08-17 ·cited 4×
  Father D.B. appeals the termination of his parental rights based on his incarceration. The court reversed because the trial court applied a statute that did not take effect until after D.B. was incarcerated, making the statute inapplicable to his case.
• Est. of Cabello v. Fernandez-Larios
  157 F. Supp. 2d 1345· S.D. Fla.· 2001-08-10 ·cited 4×
  The Estate of Winston Cabello and family members sued Armando Fernandez-Larios under the Alien Tort Claims Act (ATCA), Torture Victim Protection Act (TVPA), and international law for the October 17, 1973 extrajudicial killing and torture of Winston Cabello during Chile's military
• Smith v. State
  737 So. 2d 577· Fla. 4th DCA· 1999-06-23 ·cited 4×
  Timothy Smith appeals an order denying his motion to correct an illegal sentence, arguing that assessing 25 additional points on his sentencing guidelines scoresheet for possession of a semi-automatic weapon violated double jeopardy because his offense was already enhanced from a
• Lorenzo v. Skowronski-Thompson
  738 So. 2d 967· Fla. 2d DCA· 1999-06-23 ·cited 4×
  The trial court did not err in denying the motion for relief from judgment.
• Wiley v. State
  710 So. 2d 724· Fla. 1st DCA· 1998-05-13 ·cited 4×
  Court reversed denial of postconviction relief motion because trial court failed to adequately consider retroactive application of State v. Iacovone to defendant's sentence, requiring remand for proper reconsideration with complete record.
• Metro. Dade Cnty. v. Chase Fed. Hous. Corp.
  705 So. 2d 674· Fla. 3d DCA· 1998-01-28 ·cited 4×
  Metropolitan Dade County appeals summary judgments granting immunity to shopping center owners under Florida's Drycleaning Contamination Cleanup Act. The court affirms, holding that the Act's immunity provisions apply retroactively to preclude the County's claims for recovery of
• In re Est. OF Mildred Frances McQUEEN v. First Guar. Bank & Tr. Co.
  699 So. 2d 747· Fla. 1st DCA· 1997-08-26 ·cited 4×
  In this probate appeal, the court addresses whether an attorney's fees for representing an estate's personal representatives and serving as de facto trustee should be calculated under a 1995 statutory formula or under an oral hourly-rate agreement predating the statute. The court
• Tadaryl Williams v. State
  689 So. 2d 1217· Fla. 1st DCA· 1997-03-13 ·cited 4×
  Tadaryl Williams appealed the summary denial of his postconviction motion seeking to vacate his 1986 attempted felony murder conviction based on State v. Gray's holding that attempted felony murder is not a crime. The appellate court reversed because the trial court failed to att
• Bruce v. State
  687 So. 2d 1322· Fla. 5th DCA· 1997-01-24 ·cited 4×
  Ralph Bruce appealed sentences imposed for uttering forged checks and sexual battery on a child. The court reversed, finding the trial court improperly used a single sentencing scoresheet for offenses committed in different years and imposed probation conditions inconsistent with
• D.A. Netzel, Inc. v. Special Disability Tr. Fund
  681 So. 2d 874· Fla. 1st DCA· 1996-10-22 ·cited 4×
  The court held that the employer/carrier failed to establish that the claimant's obesity constituted a permanent physical impairment under the relevant statute, thus denying their claim for reimbursement from the Special Disability Trust Fund.
• Hadden v. Emilio Cirelli
  675 So. 2d 1003· Fla. 5th DCA· 1996-06-14 ·cited 4×
  John Hadden appealed a summary judgment quieting title to two parcels of property in favor of Emilio Cirelli. The trial court found that a 1978 dissolution judgment automatically transferred the father's interests in the property to the mother, leaving Hadden with no ownership in
• Russell v. P.I.E. Nationwide & Alexsis, Inc.
  668 So. 2d 696· Fla. 1st DCA· 1996-02-28 ·cited 4×
  A workers' compensation claimant injured in 1989 appealed an order allowing the employer/carrier to deny further chiropractic care under a 1994 statutory amendment capping chiropractic treatments. The court reversed, holding that the statutory provision is substantive and cannot
• United States v. Hurtado-Gonzalez
  74 F.3d 1147· 11th Cir.· 1996-02-12 ·cited 4×
  Hurtado was convicted of counterfeit currency offenses before the Sentencing Guidelines took effect and received a suspended sentence with probation. After violating probation by committing drug offenses, he was resentenced to five years imprisonment. The court held that when a d