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

• Knights OF THE KU Klux Klan Realm OF Louisiana v. E. Baton Rouge Parish Sch. Bd.
  679 F.2d 64· 5th Cir.· 1982-06-25 ·cited 68×
  The court held that the Equal Access to Justice Act (EAJA) may apply to cases pending on appeal when the Act became effective, and remanded the case for the district court to determine eligibility for fees.
• Vill. OF EL Portal v. City OF Miami Shores
  362 So. 2d 275· Fla.· 1978-05-31 ·cited 68×
  The Florida Supreme Court upheld the constitutionality of the Uniform Contribution Among Tortfeasors Act and its application to municipalities. The court resolved whether a municipality could be required to contribute to a joint tort judgment under the new statute, even though th
• Grammer v. Roman
  174 So. 2d 443· Fla. 2d DCA· 1965-04-15 ·cited 68×
  A Florida appellate court affirmed the denial of a motion to dismiss in a specific performance action involving an Illinois land trust deed. The court held that under Florida's 1963 remedial statute governing land trusts, a trustee has full power to convey trust property without
• Hapney v. Cent. Garage, Inc.
  579 So. 2d 127· Fla. 2d DCA· 1991-02-01 ·cited 66×
  Hapney, a former employee of Gulfcoast Auto, signed a non-compete covenant restricting his work within a three-year period and geographic area. The Florida Second District Court of Appeal reversed the trial court's temporary injunction, holding that an employee covenant not to co
• Johnson v. State
  536 So. 2d 1009· Fla.· 1988-12-01 ·cited 66×
  Johnson, convicted of first-degree murder and sentenced to death in 1979, appealed the trial court's denial of his Rule 3.850 postconviction motion as untimely filed. The Florida Supreme Court affirmed the denial, holding that Johnson's motion filed in April 1988 violated the two
• Heath v. State
  532 So. 2d 9· Fla. 1st DCA· 1988-07-21 ·cited 66×
• Jones v. Lynn
  477 F.2d 885· 1st Cir.· 1973-03-22 ·cited 66×
  The court held that a federal-nonfederal partnership, even if commenced pre-NEPA, is subject to NEPA's requirements for environmental review due to the ongoing federal involvement and the nature of categorical grants.
• The Jicarilla Apache Tribe OF Indians v. Rogers C. B. Morton
  471 F.2d 1275· 9th Cir.· 1973-01-02 ·cited 66×
  The court held that the Secretary of the Interior complied with NEPA's procedural requirements regarding environmental impact statements for the power projects, and that public hearings were not mandatory in this instance.
• Jimenez v. Fla. Dep't OF Corr.
  481 F.3d 1337· 11th Cir.· 2007-03-23 ·cited 65×
  Jose Jimenez, a death-row inmate, sought a certificate of appealability to appeal the district court's denial of his federal habeas corpus petition challenging his 1994 murder conviction. The Eleventh Circuit denied the COA application, finding that Jimenez failed to exhaust stat
• Eastland v. Tenn. Valley Auth.
  553 F.2d 364· 5th Cir.· 1977-02-28 ·cited 65×·via Retroactivity Of Statutory Amendments
  The court held that the thirty-day filing period for federal employees under Title VII is jurisdictional and not extended by agency failure to provide notice of the right to sue, but that federal employees are entitled to a trial de novo and may maintain class actions.
• Adams v. Carlson
  488 F.2d 619· 7th Cir.· 1973-08-23 ·cited 65×
  The court held that the due process standards established in Miller v. Twomey apply retroactively to prison disciplinary hearings and that the modifications to the attorney visitation room were not justified by a compelling need.
• Hawkins v. Rellim Inv. Co.
  92 Fla. 784· Fla.· 1926-10-21 ·cited 65×
  The Florida Supreme Court upheld Chapter 11383 of the 1925 Florida statutes, which authorized courts of chancery to entertain suits to quiet title to land. The court rejected the appellant's constitutional challenge that the statute violated the right to trial by jury, holding th
• United States v. Merbi Suarez
  911 F.2d 1016· 5th Cir.· 1990-08-30 ·cited 64×
  The court held that the district court erred by applying a revised sentencing guideline that removed the scienter requirement for firearm possession enhancements without making a finding of scienter, violating the ex post facto clause.
• United States v. Affleck
  765 F.2d 944· 10th Cir.· 1985-05-24 ·cited 64×·via Retrospective Operation Of Statutes
  The court's holding is not explicitly stated as the opinion is a dissent.
• Aftanase v. Econ. Baler Co.
  343 F.2d 187· 8th Cir.· 1965-04-02 ·cited 64×
  The Eighth Circuit reversed the district court's dismissal, holding that Minnesota's single-act statute could constitutionally be applied to assert personal jurisdiction over a foreign manufacturer whose product caused injury in Minnesota, even if the sale occurred prior to the s
• Corbett v. Gen. Eng'g & Mach. Co. & Glens Falls Indem. Co.
  160 Fla. 879· Fla.· 1948-10-12 ·cited 64×·via Retroactive Legislation
  The Florida Supreme Court held that Chapter 23908 of the 1947 Acts, which extended the statute of limitations for workers' compensation claims from one year to two years, applies to claims that were pending when the law was enacted and had not yet been barred under the prior one-
• S.R.G. Corp. v. Dep't OF Revenue
  365 So. 2d 687· Fla.· 1978-06-30 ·cited 62×·via Retroactive Tax Legislation
  S.R.G. Corporation challenged Florida's corporate income tax on deferred capital gains realized before the tax law's effective date. The Florida Supreme Court held that income realized before January 1, 1972, is not subject to Florida's corporate income tax, even if recognized la
• The Ohio Cas. Grp. v. Parrish
  350 So. 2d 466· Fla.· 1977-09-29 ·cited 62×
  The Florida Supreme Court resolved a conflict among district courts regarding whether a trial court needs appellate permission to entertain a motion to modify a final judgment under Rule 1.540(b) after an appellate court has affirmed and issued its mandate. The Court held that no
• Monell v. Dep't OF Soc. Servs. OF the City OF NEW York
  532 F.2d 259· 2d Cir.· 1976-03-08 ·cited 62×
  The court held that claims for equitable relief were moot due to policy changes, and claims for back pay were barred by lack of subject matter jurisdiction under both Title VII and § 1983.
• Holland v. Gross
  89 So. 2d 255· Fla.· 1956-06-13 ·cited 62×
  Holland and We Sell Office Equipment Company sued to void a $12,000 note to Harriet Gross as usurious, arguing the loan was actually made to the individual rather than the corporation. The Florida Supreme Court affirmed the note's validity, holding that the loan was properly made
• Food Fair Stores, Inc. v. Food Fair, Inc.
  177 F.2d 177· 1st Cir.· 1949-09-21 ·cited 62×
  Federal jurisdiction was proper because the potential value of protecting the plaintiff's trade name in a new market, including the right to expand without local competition, exceeded the jurisdictional minimum. The Massachusetts statute provided grounds for injunctive relief aga
• Warring v. Colpoys
  122 F.2d 642· D.C. Cir.· 1941-07-29 ·cited 62×
  A change in statutory construction by a higher court does not divest a lower court of jurisdiction it possessed at the time of conviction.
• Dedham Water Co. v. Cumberland Farms Dairy, Inc.
  805 F.2d 1074· 1st Cir.· 1986-11-14 ·cited 61×·via Retroactivity Of Statutory Amendments
  A party seeking to recover response costs under CERCLA § 107 does not need to comply with the 60-day notice period in § 112(a), and the 1984 amendment to RCRA § 7002, eliminating the notice requirement for hazardous waste violations, applies retroactively.
• Spencer v. Kemp
  781 F.2d 1458· 11th Cir.· 1986-01-23 ·cited 60×
  The petitioner is entitled to federal habeas review of his jury selection claim because he presented the objection seasonably to the trial court.
• Lake v. Cameron
  364 F.2d 657· D.C. Cir.· 1966-05-19 ·cited 60×
• State v. Rickard
  420 So. 2d 303· Fla.· 1982-09-30 ·cited 59×
  Florida Supreme Court held that police violated the Fourth Amendment by seizing marijuana plants from a defendant's backyard without a warrant, where the defendant had exhibited an actual expectation of privacy through fencing and a partition blocking the neighbor's view. The Cou
• Abramson v. Univ. OF Haw.
  594 F.2d 202· 9th Cir.· 1979-03-28 ·cited 59×·via Retroactivity Of Statutory Amendments
  The court held that summary judgment on Title VII claims was improper because a genuine issue of material fact exists regarding the final date of tenure denial and retaliation claims are actionable if occurring after the 1972 amendments. The court affirmed the dismissal of the eq
• Ryan v. Ryan
  277 So. 2d 266· Fla.· 1973-03-30 ·cited 59×
  Florida's Supreme Court upheld the constitutionality of Florida's new no-fault dissolution of marriage law (effective July 1, 1971), which replaced traditional fault-based divorce grounds with a single ground: that the marriage is irretrievably broken. The Court rejected challeng
• Welsh v. Welsh
  160 Fla. 380· Fla.· 1948-04-13 ·cited 59×
  In this 1948 Florida divorce case, the Supreme Court reversed a trial court's decree that awarded the wife a substantial portion of the husband's property and a lump sum settlement based on a theory that she had a special equity in his property due to her labor in his drug store
• Burley Gilliam v. State
  582 So. 2d 610· Fla.· 1991-05-02 ·cited 58×
  Burley Gilliam appeals his conviction for first-degree murder and death sentence, as well as a consecutive life sentence for sexual battery. The Florida Supreme Court affirms the convictions and death sentence but remands for resentencing on the sexual battery charge due to a vio
• Ferrero v. Associated Materials Inc.
  923 F.2d 1441· 11th Cir.· 1991-02-01 ·cited 58×
  The court held that the new Georgia statute permitting reformation of covenants not to compete applies retroactively and that the preliminary injunction was properly granted under federal procedural standards.
• Fed. Deposit Ins. Corp. v. Meyer
  781 F.2d 1260· 7th Cir.· 1986-01-16 ·cited 58×
  The sale of the property moots the appeal of the foreclosure decree because the appellants failed to obtain a stay of enforcement. Margaret Meyer's appeal of the judgment on the guaranty is not moot, but her arguments regarding the sufficiency of the FDIC's affidavit were waived
• Libertyville Datsun Sales, Inc. v. Nissan Motor Corp. IN U.S.A.
  776 F.2d 735· 7th Cir.· 1985-11-04 ·cited 58×
  The court held that arguments not presented to the district court are waived on appeal, even if related to issues generally before the court. The court also found the appeal frivolous.
• Smith v. City OF Pittsburgh
  764 F.2d 188· 3d Cir.· 1985-06-12 ·cited 58×
  The court held that the Supreme Court's decision in Wilson v. Garcia, which mandates that all 42 U.S.C. § 1983 claims be characterized as personal injury actions for statute of limitations purposes, should be applied retrospectively. Therefore, the plaintiff's claim, filed after
• In re the claim for Comp. under the Dist. OF Columbia Workmen's Comp. ACT. Charles Swinton v. Kelly
  554 F.2d 1075· D.C. Cir.· 1976-02-03 ·cited 58×
  The court held that the presumption of compensability under the Longshoremen's and Harbor Workers' Compensation Act was not rebutted by substantial evidence, and the 1972 amendments to the Act did not divest the court of jurisdiction over pending appeals.
• Womack v. Lynn
  504 F.2d 267· D.C. Cir.· 1974-10-01 ·cited 58×
  The court held that Section 717(c) of the Equal Employment Opportunity Act of 1972 applies retroactively to employment discrimination actions pending on its effective date.
• Abner Wynn Gordon v. The John Deere Co.
  264 So. 2d 419· Fla.· 1972-07-05 ·cited 58×
  Florida Statutes Section 48.182, enacted in 1970, does not apply retroactively to allow service of process for a wrongful act committed prior to its enactment.
• United States v. Simeon Jessamy Coke
  404 F.2d 836· 2d Cir.· 1968-11-27 ·cited 58×
  The court adopts new rules to prevent judges from imposing more severe sentences after a defendant exercises their right to appeal, unless justified by new conduct or facts.
• V.A.A. v. State
  561 So. 2d 314· Fla. 2d DCA· 1990-03-09 ·cited 57×
  A juvenile was adjudicated delinquent on four counts of cannabis offenses—two counts each of sale and possession from different dates in 1988. The court held that the trial court erred by imposing separate convictions and sentences for both sale and possession of the same quantit
• Textile Workers Pension Fund v. Standard DYE & Finishing Co., Inc.
  725 F.2d 843· 2d Cir.· 1984-01-09 ·cited 56×
  The court held that the retroactive application of the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA) withdrawal liability provisions is constitutional and does not violate employers' due process rights.
• Mirabal v. Gen. Motors Acceptance Corp.
  537 F.2d 871· 7th Cir.· 1976-03-26 ·cited 56×
• Fenix v. Finch
  436 F.2d 831· 8th Cir.· 1971-01-19 ·cited 56×
  The court held that the statutory limit on attorneys' fees was not retroactive to this case, and the Secretary's stipulation regarding the amount of past-due benefits was binding.
• Colo. Interstate Gas Co. v. Fed. Power Comm'n
  142 F.2d 943· 10th Cir.· 1944-05-16 ·cited 56×
  The court held that the Federal Power Commission has jurisdiction to regulate rates for natural gas transported and sold in interstate commerce, even if production and gathering costs are considered, and that this regulation is not limited by pre-existing contracts.
• Chandler v. Crosby
  916 So. 2d 728· Fla.· 2005-10-06 ·cited 55×
  Jim Eric Chandler, convicted of two counts of first-degree murder and sentenced to death, petitions for a writ of habeas corpus claiming that Crawford v. Washington, which established new confrontation clause protections for testimonial hearsay, requires reversal of his convictio
• Gomez v. Singletary
  733 So. 2d 499· Fla.· 1998-12-24 ·cited 55×
  Five inmates challenged the substitution of Florida's Control Release Program for earlier overcrowding gain-time statutes, arguing the change violated the Ex Post Facto Clause by curtailing their eligibility for sentence reductions. The Florida Supreme Court held that the substit
• Hudson v. State
  708 So. 2d 256· Fla.· 1998-02-05 ·cited 55×
  Timothy Hudson challenges his death sentence imposed upon resentencing for the 1986 murder of Mollie Ewings. The Florida Supreme Court vacates the death sentence and remands for a new sentencing order with detailed findings evaluating all mitigating evidence, finding the trial co
• Lussier v. Dugger
  904 F.2d 661· 11th Cir.· 1990-07-02 ·cited 55×
  The Civil Rights Restoration Act does not apply retroactively to Lussier's claim, and individual defendants may be shielded by qualified immunity.
• Hahn v. United States
  757 F.2d 581· 3d Cir.· 1985-03-18 ·cited 55×
  The court held that the district court lacked jurisdiction over monetary claims exceeding $10,000, and erred in concluding plaintiffs were entitled to constructive service credit under applicable statutes.
• Rothermel v. Fla. Parole & Prob. Comm'n
  441 So. 2d 663· Fla. 1st DCA· 1983-10-14 ·cited 55×
  Rothermel appealed an order by the Florida Parole and Probation Commission denying his request to change his presumptive parole release date. The court dismissed the appeal, holding that Chapter 83-78, a newly enacted statute that eliminated Section 120.68 appellate review for ce
• Daugherty v. Georgette Daugherty
  308 So. 2d 24· Fla.· 1975-01-22 ·cited 55×
  Florida Supreme Court addresses whether a 1973 change in the statutory definition of majority from age 21 to age 18 automatically reduced a former husband's child support obligations under a pre-existing 1969 divorce judgment and property settlement agreement. The Court held that