Retroactive Application Of Statutes

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

• United States v. State OF Haw.
  832 F.2d 1116· 9th Cir.· 1987-11-17 ·cited 4×
  The court held that the federal district court had jurisdiction over the United States' third-party contribution claim against Hawaii, and that Hawaii could be held liable as a joint tortfeasor.
• Eufemia LaMADRID v. Hegstrom
  830 F.2d 1524· 9th Cir.· 1987-10-26 ·cited 4×
  The court held that personal injury awards, life insurance proceeds, and other compensatory awards can be treated as income under the AFDC lump sum rule, consistent with federal law and regulations, and that the 1986 amendment to 45 C.F.R. § 233.20(a)(3)(ii)(F) was validly promul
• Alaskan Arctic GAS Pipeline Co. v. The United States
  831 F.2d 1043· Fed. Cir.· 1987-10-20 ·cited 4×
  The court held that the Department of the Interior lacked authority to recover application-processing costs incurred prior to the effective date of its implementing regulations, even if the applications were pending when the regulations were enacted.
• Nabors v. Manglona
  829 F.2d 902· 9th Cir.· 1987-10-08 ·cited 4×
  The court held that it lacked jurisdiction to hear the election contest due to a legislative amendment that transferred jurisdiction over such matters to the legislature.
• Auer v. Kawasaki Motors Corp.
  830 F.2d 535· 4th Cir.· 1987-10-06 ·cited 4×
  The court held that federal common law governs the effect of a settlement with one tortfeasor on other joint tortfeasors in federal cases, including diversity actions.
• City OF Miami v. Burmeister
  512 So. 2d 1047· Fla. 3d DCA· 1987-09-08 ·cited 4×
  The City of Miami appeals a summary judgment ordering it to add veterans' preference points to Burmeister's 1981 promotional exam score and promote him to Fire Captain.
• United States Env't Prot. Agency v. NEW Orleans Pub. Serv., Inc.
  826 F.2d 361· 5th Cir.· 1987-09-03 ·cited 4×
  The court held that the transformers were component parts of the building under Louisiana law, thus becoming immovables and the property of the building owner, not NOPSI.
• Dautremont v. Broadlawns Hosp.
  827 F.2d 291· 8th Cir.· 1987-08-20 ·cited 4×
  The court held that while the district court erred in applying the six-month statute of limitations, the plaintiff's claims for the first hospitalization are time-barred by the two-year statute, and claims for the second and third hospitalizations do not present a due process vio
• J.S. Neviaser, M.D. v. Nadyne Stone and Donald Stone
  510 So. 2d 636· Fla. 3d DCA· 1987-07-28 ·cited 4×
• Livingston v. State
  510 So. 2d 295· Fla.· 1987-07-16 ·cited 4×
  The application of section 27.3455(1), Florida Statutes (1985), to crimes committed prior to its effective date violates the ex post facto provisions of the U.S. and Florida Constitutions.
• Walls v. Cahill Mfg. Co., Inc.
  507 So. 2d 173· Fla. 5th DCA· 1987-05-14 ·cited 4×
• Dugan v. Ball State Univ.
  815 F.2d 1132· 7th Cir.· 1987-04-06 ·cited 4×
  The court held that the plaintiff's Title VII claim for promotion denial was time-barred and that her § 1983 claim, while not time-barred, failed on the merits, as did her claims for salary increase denial and unequal pay.
• Casler v. State
  502 So. 2d 1374· Fla. 2d DCA· 1987-02-27 ·cited 4×
  Defendant's restitution as a condition of probation was reversed because he received no notice that the state would seek restitution, and the 1984 amendment to section 775.089 did not apply retroactively to crimes committed before its effective date.
• Orma G. Moore v. United Servs. Auto. Assocation
  808 F.2d 1147· 5th Cir.· 1987-02-05 ·cited 4×
  The court held that Florida law prohibits the stacking of insurance policies in this case and that a direct action against the insurer is barred by Mississippi law and the policy's 'no action' clause. Claims of bad faith and fraud were also rejected.
• Bryant Franklin Blackmon, Jr. v. United States
  807 F.2d 70· 6th Cir.· 1986-12-09 ·cited 4×
  The court held that the 1985 amendments to the Equal Access to Justice Act (EAJA), which expanded the definition of the government's 'position' to include its agency actions, do not apply to fee petitions pending on the effective date if the time to file the petition had already
• Maggard v. Wyrick
  800 F.2d 195· 8th Cir.· 1986-09-02 ·cited 4×
  The court held that the application of the amended parole statute did not violate the ex post facto clause because the prisoner's parole would have been denied under the old statute, and that the prisoner had no due process right to access his parole file as the amended statute n
• Est. OF Richard S. Ekins v. Commissioner OF Internal Revenue
  797 F.2d 481· 7th Cir.· 1986-07-29 ·cited 4×
  The court held that the retroactive application of the Revenue Act of 1978 amendment to IRC § 2035, which eliminated an exemption for life insurance policies, was constitutional. The court also held that § 2035(a) does not create an unconstitutional irrebuttable presumption.
• Doyle v. S. Guar. Corp.
  795 F.2d 907· 11th Cir.· 1986-07-18 ·cited 4×
  A lender complying with FHA or VA preemption statutes for mobile home loans need not comply with DIDMCA to be exempt from state usury laws. Georgia's amendments to its usury limits in 1980 and 1981 overrode FHA and VA preemptions for mobile home transactions.
• Lovely v. Cunningham
  796 F.2d 1· 1st Cir.· 1986-06-24 ·cited 4×
  The court held that the New Hampshire Supreme Court's construction of the Aggravated Felonious Sexual Assault statute, including threats of economic reprisal within the definition of extortion, was not unforeseeable and thus did not violate due process principles of ex post facto
• Gibbons v. State
  479 So. 2d 284· Fla. 2d DCA· 1985-12-06 ·cited 4×
  The court held that restitution cannot be imposed without advance notice and an opportunity to be heard, especially when the crime predates a statutory amendment changing the notice requirement.
• Tisdale v. State
  475 So. 2d 1331· Fla. 5th DCA· 1985-09-26 ·cited 4×
  Defendant's 30-month incarceration plus 5-year probation sentence for burglary exceeded the sentencing guidelines in effect at the time of the crime and could not be imposed under the prior rule, so the sentence was vacated and remanded.
• Bd. OF Trs. OF the Internal Improvement Tr. Fund v. Stevens
  472 So. 2d 1287· Fla. 2d DCA· 1985-07-10 ·cited 4×
  The Board of Trustees of the Internal Improvement Trust Fund appealed a summary judgment that quieted title to formerly submerged lands in favor of the Stevenses under the Marketable Record Title Act (MRTA). The court affirmed, holding that the Stevenses' title to sovereignty lan
• Se. Volusia Hosp. v. State
  478 So. 2d 820· Fla. 1st DCA· 1985-05-21 ·cited 4×
  Two groups of hospitals appealed assessments against them for the Florida Patient's Compensation Fund for fiscal years 1976-1981, contending the assessments were unlawful and unfair. The appellate court affirmed the Department of Insurance's final order, holding that the 1983 sta
• Standard Distrib. Co. (of Pensacola v. Fla. Dep't OF Bus. Reg.
  473 So. 2d 216· Fla. 1st DCA· 1985-05-16 ·cited 4×
  The repeal of statutes does not affect the court's original opinion or the appellant's rights because the repealed statutes created vested rights that cannot be impaired by subsequent legislation.
• City OF Orlando v. Desjardins
  469 So. 2d 831· Fla. 5th DCA· 1985-04-25 ·cited 4×
  The trial court correctly declined to apply a new statute retroactively to compel production of a litigation file.
• Peabody Int'l Corp. v. Wylain, Inc.
  467 So. 2d 481· Fla. 5th DCA· 1985-04-18 ·cited 4×
  The court held that the trial courts erred in denying motions to quash service of process for lack of personal jurisdiction over Peabody.
• O'Malley v. State
  462 So. 2d 868· Fla. 4th DCA· 1985-01-30 ·cited 4×
  Court reversed probation violation sentence imposed under sentencing guidelines that had not yet been adopted at the time of sentencing, holding that guideline amendments have no retroactive effect.
• Proulx v. Cnty. OF LEE & Hartford Accident & Indem. Co.
  466 So. 2d 253· Fla. 2d DCA· 1985-01-16 ·cited 4×
• Andrews v. State
  462 So. 2d 18· Fla. 2d DCA· 1984-10-05 ·cited 4×
• Union Boiler/FP&L Martin Wrap-Up & Claims Mgmt. Servs., Inc. v. Walker
  461 So. 2d 117· Fla. 1st DCA· 1984-08-14 ·cited 4×
  Two consolidated workers' compensation appeals addressing whether the 1983 amendment to Florida Statutes Section 440.20(13)(d), which limited advance lump-sum payments to $7,500 or 26 weeks of benefits in any 48-month period, applies retroactively to injuries occurring before its
• Dorothy M. Farish for Shirley F. Farish v. Courion Indus., Inc.
  722 F.2d 74· 4th Cir.· 1983-12-01 ·cited 4×
  The court held that the Virginia statute abolishing the privity defense in product liability cases does not apply retroactively to sales made before its enactment. It also held that Otis Elevator Company was not the University's statutory employer and thus not immune from suit.
• Moreland v. State
  442 So. 2d 1002· Fla. 2d DCA· 1983-11-16 ·cited 4×
• Econ. Dev. & Indus. Corp. v. United States
  720 F.2d 1· 1st Cir.· 1983-09-28 ·cited 4×
  Maintenance of the action is barred by the sovereign immunity of the United States under the Quiet Title Act of 1972 due to the expiration of the twelve-year statute of limitations.
• In re Ashe v. United States
  712 F.2d 864· 3d Cir.· 1983-07-08 ·cited 4×
  The court held that a judicial lien created by a cognovit note is not 'property' under Pennsylvania law, thus the Fifth Amendment's takings clause does not apply to its retrospective avoidance. However, a perfected judicial lien via a writ of execution does constitute property.
• In re Groves v. Household Fin. Co.
  707 F.2d 451· 10th Cir.· 1983-05-16 ·cited 4×
  The court held that the bankruptcy statute permitting avoidance of nonpossessory, nonpurchase-money liens applies to 'gap period' liens.
• Scott v. State
  439 So. 2d 222· Fla. 4th DCA· 1983-01-19 ·cited 4×
  Scott appealed his resentencing under Florida Rule of Criminal Procedure 3.850 to correct an invalid split sentence probation arrangement. The court held that a defendant has a constitutional right to be present with counsel when being resentenced, despite language in Rule 3.850
• Kotval v. Gridley
  698 F.2d 344· 8th Cir.· 1983-01-18 ·cited 4×
  The court held that the six-year statute of limitations in effect at the time the cause of action accrued, rather than the later three-year statute, applied to the plaintiff's legal malpractice claim because the new statute was explicitly prospective.
• Neomi Letcavage v. John Biggie & Co.
  418 So. 2d 417· Fla. 1st DCA· 1982-08-19 ·cited 4×
• Carpenter v. Leibson
  683 F.2d 169· 6th Cir.· 1982-07-23 ·cited 4×
  The court held that due process prohibits the retroactive application of a new procedural rule (Kimbrough) that bars substantive review of convictions when petitioners complied with prior procedural requirements.
• Seniors United FOR Action v. RAY
  675 F.2d 186· 8th Cir.· 1982-04-09 ·cited 4×
  The court held that the amended version of 42 C.F.R. § 447.205 applies, and under that version, the State's notice procedures were sufficient.
• Morgan v. State
  405 So. 2d 1005· Fla. 2d DCA· 1981-10-07 ·cited 4×
  The court held that the trial court did not err in excluding defense witnesses for a discovery violation and that the failure to instruct on the maximum penalty was not reversible error because the issue was not properly preserved.
• Crisp v. Mayabb
  668 F.2d 1127· 10th Cir.· 1981-09-29 ·cited 4×
  The court held that the state's petition for rehearing should be denied because the petitioner made a bona fide effort to exhaust state remedies, and the state's subsequent arguments lacked merit.
• Prince v. State
  398 So. 2d 976· Fla. 1st DCA· 1981-05-13 ·cited 4×
  The court held that retroactive application of a statute retaining jurisdiction for parole review is impermissible if it substantively alters the appellant's situation to his disadvantage, as it would have an ex post facto effect.
• Imelda Contreras de Avilia v. Civiletti
  643 F.2d 471· 7th Cir.· 1981-03-10 ·cited 4×
  The court held that the State Department's policy of counting visas issued before the effective date of the 1976 amendments against the new per-country quota was reasonable and consistent with Congressional intent.
• In re Spell v. Spell
  650 F.2d 375· 2d Cir.· 1981-02-26 ·cited 4×
  The court held that the bankruptcy judge should apply the law in effect at the time of the ruling on dischargeability, not the law at the time of the bankruptcy discharge order.
• Equal Emp. Opportunity Comm'n v. Shell OIL Co.
  637 F.2d 683· 9th Cir.· 1981-01-23 ·cited 4×
  The court held that the 1978 amendments to the ADEA should not be applied retroactively to invalidate retirements that were lawful under prior interpretations of the statute.
• R.P. v. State
  389 So. 2d 658· Fla. 1st DCA· 1980-09-30 ·cited 4×
  The court held that the Jacksonville Youth Development Center (JYDC) is a training school within the meaning of Section 39.112, Florida Statutes, and that the statute is constitutional. The court also held that a later amendment defining 'training school' does not apply retroacti
• Austin v. United States
  611 F.2d 117· 5th Cir.· 1980-02-06 ·cited 4×
  The court held that the amendment to I.R.C. § 58(g)(2) was a clarification, not a retroactive application, and therefore did not violate due process. The court also held that the taxpayer's equal protection claim failed.
• VON Allmen v. State OF Conn. Teachers Ret. Bd. & W. Haven Bd. of Educ.
  613 F.2d 356· 2d Cir.· 1979-12-07 ·cited 4×
  The court held that the 1974 amendments to the Veterans Reemployment Rights Act should be applied retroactively to grant plaintiff rights to purchase retirement credits for peacetime military service. The court also held that the plaintiff has standing to sue under Article I, Sec
• Wansor v. George Hantscho Co., Inc.
  595 F.2d 218· 5th Cir.· 1979-05-16 ·cited 4×
  The court held that under Georgia law, a manufacturer has no duty to guard against injury from a patent peril, and the plaintiff's knowledge of the obvious danger bars recovery.