Retroactive Application Of Statutes

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

• Champlovier v. City OF Miami
  667 So. 2d 315· Fla. 1st DCA· 1995-10-12 ·cited 4×
  Champlovier sought redetermination of his average weekly wage in a workers' compensation case to increase his disability benefits based on a later favorable appellate decision. The court affirmed the 1981 compensation order, holding that the parties' stipulation to an average wee
• Massey v. State
  660 So. 2d 760· Fla. 5th DCA· 1995-08-25 ·cited 4×
  Massey appeals the denial of his Rule 3.850 postconviction motion challenging consecutive habitual felony offender sentences imposed in 1990. The Florida Supreme Court's 1993 decision in Hale v. State held that consecutive habitual offender sentences cannot be imposed for offense
• Okla. Radio Assocs. v. Fed. Deposit Ins. Corp. for Citizens Nat'l Bank & Tr. Co.
  987 F.2d 685· 10th Cir.· 1993-03-12 ·cited 4×
  The court held that the D'Oench, Duhme doctrine did not bar ORA's defense regarding the ORA note because genuine issues of material fact existed regarding the presence of renewal agreements in the bank's files and whether ORA lent itself to a deceptive scheme. The court affirmed
• Fed. Deposit Ins. Corp. v. Longley I Realty Tr.
  988 F.2d 270· 1st Cir.· 1993-03-10 ·cited 4×
  The court held that the D'Oench doctrine and 12 U.S.C. § 1823(e) protect the FDIC from unwritten settlement agreements with a failed bank, and the award of attorneys' fees was not an abuse of discretion.
• Mojica v. Gannett Co., Inc.
  986 F.2d 1158· 7th Cir.· 1993-03-04 ·cited 4×
• Brown v. Walt Disney World Co.
  805 F. Supp. 1554· M.D. Fla.· 1992-11-03 ·cited 4×
  The court held that while race was a motivating factor in employment decisions, the employer would have made the same termination decision based on performance issues alone.
• United States v. Roderick
  974 F.2d 1270· 11th Cir.· 1992-10-09 ·cited 4×
  Roger Roderick appealed his sentence for perjury and drug conspiracy, arguing that applying sentencing guidelines that referenced his pre-guidelines conspiracy violated the ex post facto clause. The Eleventh Circuit held that using the underlying conspiracy merely as a reference
• Garcia v. Carmar Structural Inc./Feisco
  605 So. 2d 1288· Fla. 1st DCA· 1992-10-05 ·cited 4×
  A workers' compensation claimant challenged the application of a 1990 statutory amendment to his wage loss benefits calculation, arguing it was unconstitutional. The court affirmed the lower court's decision to apply the amended statute but certified constitutional questions to t
• Valdez v. SAN Antonio Chamber OF Commerce & Joseph R. Krier
  974 F.2d 592· 5th Cir.· 1992-09-25 ·cited 4×
  The court held that the Civil Rights Act of 1991 does not apply retroactively to conduct occurring before its enactment, and that the plaintiff's proposed promotion did not constitute a "new and distinct" contractual relationship for Section 1981 purposes.
• Carlton v. United States
  972 F.2d 1051· 9th Cir.· 1992-08-10 ·cited 4×
  The retroactive application of the 1987 amendment to Section 2057 of the Internal Revenue Code to the Day estate's ESOP transaction violates due process because it is harsh and oppressive, as the estate had no notice and reasonably relied to its detriment on the statute as origin
• GAY v. Louis W. Sullivan, M.D.
  966 F.2d 1124· 7th Cir.· 1992-06-30 ·cited 4×
  The court held that the Omnibus Budget Reconciliation Act of 1987 (OBRA 1987) was intended by Congress to apply prospectively only, not retroactively, to benefits paid before its enactment.
• Bottineau Farmers Elevator v. Woodward-Clyde Consultants
  963 F.2d 1064· 8th Cir.· 1992-05-05 ·cited 4×
  The court held that the North Dakota tolling statute, as it existed before 1989, was unconstitutional because it impermissibly burdened interstate commerce by requiring foreign corporations to choose between appointing an agent for service of process or facing perpetual liability
• Harden v. State
  595 So. 2d 585· Fla. 2d DCA· 1992-03-25 ·cited 4×
  Court affirmed denial of motion to correct sentence for stacking mandatory minimums, holding that although the sentencing principle was later found inconsistent with Branam v. State, the sentence was legal when imposed and does not warrant post-conviction relief.
• United States v. Jude Somerset Hardesty
  958 F.2d 910· 9th Cir.· 1992-03-10 ·cited 4×
  A panel of this court must call for en banc review when faced with irreconcilable conflicts between prior circuit decisions, and cannot simply choose the precedent it believes to be correct or that was enacted later.
• Doe v. Bd. of Cnty. Comm'rs
  783 F. Supp. 1379· S.D. Fla.· 1992-01-30 ·cited 4×
  The court held that the Civil Rights Act of 1991 does not apply retroactively to the plaintiff's claims, and therefore, the motion to amend the complaint to add claims under the 1991 Act is denied in part.
• Jones v. Armontrout
  953 F.2d 404· 8th Cir.· 1992-01-08 ·cited 4×
  A state prisoner is not entitled to federal habeas corpus relief based solely on a state court's alleged misinterpretation of state law, and there is no constitutional right to state-appointed counsel to monitor for future legislative changes that might reduce a sentence.
• Jones Boatyard, Inc. v. Metro. Dade Cnty.
  588 So. 2d 1033· Fla. 3d DCA· 1991-11-05 ·cited 4×
  Jones Boatyard appeals a $47,000 jury verdict and $16,250 attorney's fee award in a bailment case involving missing equipment from a yacht acquired by Metro Dade County through criminal forfeiture. The Third District affirmed the judgment but reversed the attorney's fees award, h
• Pierce v. Hobart Corp.
  939 F.2d 1305· 5th Cir.· 1991-09-03 ·cited 4×
  The court held that there is a genuine issue of material fact as to whether the contract work was specialized, making summary judgment inappropriate.
• Alvarez-Mendez v. Stock
  941 F.2d 956· 9th Cir.· 1991-08-12 ·cited 4×
  The court held that the Immigration Act of 1990 provides statutory authority for the Attorney General to detain aliens convicted of aggravated felonies who are subject to final orders of exclusion, and that such detention does not violate due process or international law.
• Chrysler Motors Corp. v. Thomas Auto Co., Inc.
  939 F.2d 538· 8th Cir.· 1991-07-16 ·cited 4×
  The court held that the Arkansas Motor Vehicle Commission Act, enacted after the franchise agreement, could not be applied retroactively to Chrysler's termination of the dealer's franchise because such application would disturb vested rights and impose new obligations on Chrysler
• In re Eastport Assocs. v. City OF LOS Angeles
  935 F.2d 1071· 9th Cir.· 1991-06-14 ·cited 4×
  The court held that the 1988 amendment to California Government Code § 66452.6 does not apply retroactively to revive expired development entitlements, and the district court did not abuse its discretion in denying the City's motion to abstain.
• Jameson v. Fed. Deposit Ins. Corp.
  931 F.2d 290· 5th Cir.· 1991-04-10 ·cited 4×
  The court held that the FDIC had jurisdiction over Jameson under FIRREA, and his actions constituted unsafe and unsound banking practices and a breach of fiduciary duty.
• Richard E. Pfeiffer, M.D. v. Hartford Fire Ins. Co.
  929 F.2d 1484· 10th Cir.· 1991-04-05 ·cited 4×
  The court held that state attorneys are absolutely immune from liability for actions intimately associated with the judicial process, including initiating and pursuing disciplinary proceedings and plea-bargaining-like offers, but not for wrongful dissemination of information to t
• Harris v. State
  576 So. 2d 426· Fla. 4th DCA· 1991-03-20 ·cited 4×
  The court held that the amended law should not have been applied retroactively and a probation condition of nine years imprisonment was invalid.
• Oldt v. Sides
  573 So. 2d 440· Fla. 2d DCA· 1991-02-01 ·cited 4×
  The court held that the circuit court lacked in personam jurisdiction over the defendant because the long-arm statute relied upon was not retroactive.
• Beeman v. Island Breakers
  577 So. 2d 1341· Fla. 3d DCA· 1991-01-01 ·cited 4×
  The Beemans appealed a trial court judgment declaring void a 99-year recreational lease escalation clause between themselves and Island Breakers condominium. The court held that while the escalation clause was unconscionable and void, the underlying lease with the base rental rat
• Little Caesar's Pizza & Hartford Ins. v. Ingersoll
  572 So. 2d 8· Fla. 1st DCA· 1990-12-19 ·cited 4×
  Little Caesar's Pizza and its workers' compensation carrier appealed a judge's award of benefits for injuries an employee sustained in an automobile accident while returning from physician-approved swimming therapy for an industrial injury. The appellate court affirmed, holding t
• Wenceslao M. Lora v. Dep't of State
  569 So. 2d 840· Fla. 3d DCA· 1990-11-06 ·cited 4×
  The Florida District Court of Appeal affirmed the Department of State's revocation of a private investigator's license following his 1985 criminal conviction for burglary, unlawful interception of communications, and criminal conspiracy. The court rejected all four arguments for
• Williams v. Dugger
  566 So. 2d 819· Fla. 1st DCA· 1990-08-09 ·cited 4×
  Jimmie Williams challenged the retroactive application of a 1986 amendment to Florida's clemency statute that eliminated eligibility for clemency recommendations for prisoners convicted of capital felonies. The court held that applying the amended statute to prisoners sentenced u
• Karpa v. Commissioner OF Internal Revenue
  909 F.2d 784· 4th Cir.· 1990-07-27 ·cited 4×
  The court held that the retroactive application of an increased civil tax penalty under former I.R.C. § 6661(a) does not violate the ex post facto clause. The court also declined to consider new due process and equal protection arguments raised for the first time on appeal.
• Fidel Eladio Diaz v. State
  563 So. 2d 199· Fla. 3d DCA· 1990-06-26 ·cited 4×
  The court held that the grounds asserted for discharge and replacement of counsel were insufficient. The court also held that the trial judge's retention of parole veto power without written reasons was erroneous.
• Venson Lane Myers v. Ylst
  897 F.2d 417· 9th Cir.· 1990-02-28 ·cited 4×
  The court held that the California Supreme Court's order remanding a case for refiling of its opinion did not constitute a retroactive application of a new rule, and thus did not preclude the court from later denying retroactivity in another case.
• Wiggins v. Sec'y OF the Dep't OF Health & Human Servs.
  898 F.2d 1572· Fed. Cir.· 1990-02-27 ·cited 4×
  A settlement with a vaccine administrator prior to the effective date of the Vaccine Act bars a subsequent petition for compensation under the Act.
• Krug v. Vince Imbordino
  896 F.2d 395· 9th Cir.· 1990-02-15 ·cited 4×
  The court held that Krug's claims are barred by the statute of limitations or are meritless, and affirmed the district court's grant of summary judgment.
• State v. Spadaro
  556 So. 2d 1119· Fla.· 1990-02-15 ·cited 4×
• State v. Jensen
  557 So. 2d 23· Fla.· 1990-02-15 ·cited 4×
  Double jeopardy claims based on Carawan cannot be retroactively applied on a postconviction motion.
• Indep. U.S. Tanker Owners Comm. v. Skinner
  884 F.2d 587· D.C. Cir.· 1989-08-22 ·cited 4×
  The court held that the appropriations rider applies prospectively and does not invalidate the rule because the rule is self-implementing, and that procedural challenges were without merit.
• Holmes v. State
  547 So. 2d 695· Fla. 5th DCA· 1989-07-27 ·cited 4×
  A defendant cannot be convicted of both sale and possession of the same cocaine when the offenses occurred before July 1, 1988.
• Jelks v. State
  546 So. 2d 783· Fla. 5th DCA· 1989-07-20 ·cited 4×
  A defendant cannot be convicted of both sale and possession of the same illegal drugs when the crime occurred before the effective date of a statute that would otherwise allow such dual convictions.
• Cleveland v. Berkson
  878 F.2d 1034· 7th Cir.· 1989-07-12 ·cited 4×
  The pendency of Rule 11 sanctions motions does not render a final judgment on the merits nonfinal for appeal purposes. The district court's dismissal based on statutes of limitations was correct.
• Nash v. State
  547 So. 2d 147· Fla. 4th DCA· 1989-06-14 ·cited 4×
  John Nash appeals his armed robbery and grand theft convictions in Broward County on double jeopardy grounds. The Florida District Court of Appeal reverses both convictions, holding that Nash cannot be convicted of both offenses based on the same underlying act since grand theft
• United States v. Joe Fedroff. Appeal of Joseph Fedroff
  874 F.2d 178· 3d Cir.· 1989-05-11 ·cited 4×
  The court held that the defendant presented sufficient evidence of both inducement and non-predisposition to warrant an entrapment jury instruction, entitling him to a new trial.
• Marge Metzer v. Lyng
  864 F.2d 75· 8th Cir.· 1988-12-20 ·cited 4×
  The Food Security Act of 1985, specifically the amendment excluding lender-retained student loan fees from income, became effective immediately upon enactment, entitling recipients to retroactive benefits.
• Gov't Emps. Ins. Co. v. Benton
  859 F.2d 1147· 3d Cir.· 1988-10-12 ·cited 4×
  The court held that the policy was 'issued' after the statutory effective date because the policy document itself was not created until after that date, despite earlier coverage under a binder.
• United States v. 6.93 Acres OF Land
  852 F.2d 633· 1st Cir.· 1988-07-25 ·cited 4×
  The court held that a 1985 amendment to the Equal Access to Justice Act (EAJA), which clarified the definition of 'prevailing party' in eminent domain cases, applies to fee applications pending on the amendment's enactment date.
• Clay v. Lynaugh
  846 F.2d 8· 5th Cir.· 1988-05-18 ·cited 4×
  If the carving doctrine would have barred the conviction, the Texas courts denied the defendant due process by applying the doctrine's elimination retroactively.
• Barber Greene Co. & Aetna Cas. & Sur. Co. v. Urbantes
  517 So. 2d 768· Fla. 4th DCA· 1988-01-06 ·cited 4×
  Barber Greene Company appealed a trial court ruling that Florida's statute of repose does not apply to machinery delivered under a lease agreement. The Fourth District Court of Appeal affirmed, holding that the statute of repose, which bars products liability claims brought more
• Petroleum Helicopters, Inc. v. Avco Corp.
  834 F.2d 510· 5th Cir.· 1987-12-28 ·cited 4×
  The court held that the 1987 amendment to the Louisiana Long-Arm Statute, which makes jurisdiction coextensive with due process, applies to pending cases and resolves the issue of jurisdiction when due process is satisfied.
• Toombs v. Manning
  835 F.2d 453· 3d Cir.· 1987-12-11 ·cited 4×
  SEPTA is a Commonwealth party under the Pennsylvania sovereign immunity statute, and thus its liability is capped at $250,000 for compensatory damages.
• Elba Morales v. Bowen
  833 F.2d 481· 3d Cir.· 1987-11-18 ·cited 4×
  The court held that the New Jersey Parentage Act, requiring proof of paternity by a preponderance of the evidence, applies to determine eligibility for Social Security survivor's benefits, and that the Secretary's denial of benefits was not supported by substantial evidence.