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

• 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.
• Diaz v. Curtiss-Wright Corp.
  519 So. 2d 610· Fla.· 1988-01-28 ·cited 5×·via Retrospective Operation Of Statutes
  The court approved the lower court's decision based on prior rulings in related cases.
• 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.
• Hart v. Bowen
  802 F.2d 1334· 11th Cir.· 1986-10-20 ·cited 5×·via Retroactivity Of Statutory Amendments
  The court held that the law in effect at the time of the applicant's death and application for benefits governs inheritance rights for Social Security survivor benefits.
• 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.
• Palm BAY Towers Corp. v. Brooks
  466 So. 2d 1071· Fla. 3d DCA· 1984-09-18 ·cited 5×·via Retroactive Legislation
  Past unit owners in Palm Bay Towers Condominium sought to recover assessments allegedly owed by the developer and related entities for units held during pre-sale ownership. The trial court entered summary judgment relying on prior precedent, but the appellate court reversed, find
• 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
• 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
• Freeman v. ROZ Berrin
  352 So. 3d 452· Fla. 2d DCA· 2022-12-02 ·cited 4×
  The appellate court affirmed a trial court's order granting a temporary injunction to remove a trustee. While the trial court improperly applied the Florida Trust Code, the injunction was permissible under common law principles for land trusts.
• 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
• Pappas v. State
  346 So. 3d 1200· Fla. 1st DCA· 2022-04-13 ·cited 4×·via Retroactive Application Of Sentencing Statutes
  The appellate court affirmed the denial of a postconviction motion, holding that a 2016 amendment to Florida's "10-20-Life" statute, which removed aggravated assault from the list of offenses eligible for enhanced penalties for firearm discharge, did not apply retroactively to th
• United States v. Nolan Nathaniel Edwards
  997 F.3d 1115· 11th Cir.· 2021-05-13 ·cited 4×·via Retroactive Application Of Sentencing Statutes
  The First Step Act is a self-contained, self-executing grant of authority that allows district courts to impose a reduced sentence, including a new term of supervised release, provided the overall sentence is reduced.
• Maddox v. State
  288 So. 3d 1223· Fla. 5th DCA· 2019-12-27 ·cited 4×·via Retroactivity Of Statutory Amendments
  A defendant is not entitled to a new Stand Your Ground hearing when the trial court applied an incorrect burden of proof but the evidence clearly establishes the defendant is not entitled to immunity under either standard.
• Warthen v. State
  265 So. 3d 695· Fla. 4th DCA· 2019-02-27 ·cited 4×·via Retroactive Application Of Sentencing Statutes
  Consecutive sentences imposed on a juvenile for separate non-homicide and homicide offenses do not constitute an aggregate sentence subject to Graham and Miller review, and a defendant must demonstrate that his individual sentences violate those standards to obtain resentencing r
• 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
• Drossos v. State
  43 Fla. L. Weekly D2237· Fla. 2d DCA· 2018-12-14 ·cited 4×·via Retroactivity Of Statutory Amendments
  Peter Drossos appeals his manslaughter conviction, arguing he is entitled to a new pretrial immunity hearing under Florida's amended Stand Your Ground law. The court reversed and remanded, holding that the 2017 amendment to section 776.032, which shifted the burden of proof to th
• 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
• Hampton v. Cale OF Fort Myers, Inc.
  964 So. 2d 822· Fla. 4th DCA· 2007-09-19 ·cited 4×·via Retroactivity Of Statutory Amendments
  Hampton sued defendants for antitrust conspiracy when his wholesaler stopped supplying him after pressure from competitors. Summary judgment was granted for all defendants, and the trial court awarded attorney's fees under section 57.105, Florida Statutes. The court affirmed the
• 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,
• Makro Cap. of Am., Inc. v. Ubs Ag
  436 F. Supp. 2d 1342· S.D. Fla.· 2006-06-29 ·cited 4×·via Retroactivity Of Statutory Amendments
  The court held that a qui tam action is barred if the government possessed the essential information to investigate the case prior to the action's filing, even if the information was obtained through the relator's own efforts.
• Hanna v. State
  898 So. 2d 1200· Fla. 5th DCA· 2005-04-08 ·cited 4×·via Retroactivity Of Statutory Amendments
  Martin Hanna appeals his mandatory minimum sentence under Florida's Prison Releasee Reoffender Act, challenging whether burglary of an unoccupied dwelling qualified as a triggering offense when he committed the crime. The court vacates the sentence because the statute did not inc
• Bradshaw v. State
  891 So. 2d 1184· Fla. 2d DCA· 2005-02-02 ·cited 4×·via Retroactivity Of Statutory Amendments
  The court affirmed the conviction but reversed the sentence, finding the prison releasee reoffender enhancement improper.
• 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
• Lorenzo v. Skowronski-Thompson
  738 So. 2d 967· Fla. 2d DCA· 1999-06-23 ·cited 4×
  A former spouse may enforce child support arrears from a foreign divorce decree by recording it under Florida's Uniform Enforcement of Foreign Judgments Act (§ 55.501-55.509), rather than being required to pursue enforcement exclusively under URESA, because URESA remedies are sup