Retroactive Application Of Statutes

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

• Woodlawn Hosp. v. Nat'l Labor Relations Bd.
  596 F.2d 1330· 7th Cir.· 1979-05-02 ·cited 4×
  The court held that strikers lawfully discharged before the effective date of the Health Care Amendments to the NLRA, for activity not protected by the Act, lost their employee status and were not entitled to reinstatement rights under the Act.
• Rude v. Fla. Elections Comm'n
  370 So. 2d 809· Fla. 4th DCA· 1979-04-18 ·cited 4×
• Olen W. Meredith v. ST. Johns Cnty.
  365 So. 2d 740· Fla. 1st DCA· 1978-10-31 ·cited 4×
  This case involves an appeal by an attorney appointed to represent an indigent defendant charged with first-degree murder. The attorney argued that the trial court's award of $3,500 in attorney's fees was unreasonable, despite the case's complexity and over 305 hours of work. The
• City OF N. BAY Vill. v. City OF Miami Beach
  365 So. 2d 389· Fla. 3d DCA· 1978-10-17 ·cited 4×
  Municipal water customers appealed a summary judgment awarding Miami Beach damages for retroactive water rate increases, challenging whether Miami Beach had authority to set rates for a period before the Metro-Dade County Water & Sewer Board obtained supervisory jurisdiction. The
• Solomon Harris v. State
  358 So. 2d 858· Fla. 4th DCA· 1978-05-16 ·cited 4×
  Appellant's conviction for both possession and delivery of heroin in a single transaction was error; only the higher offense (delivery) could be sentenced under pre-statute law, so the possession sentence was set aside.
• Nationwide Mut. Fire Ins. Co. v. Bryar
  349 So. 2d 1221· Fla. 2d DCA· 1977-09-21 ·cited 4×
  The Florida District Court of Appeal held that a 1976 amendment prohibiting the "stacking" of uninsured motorist coverage applies to policies in effect before the amendment's effective date if the policy was renewed after that date. The court found the amendment to be a reasonabl
• Aumaitre v. Troyanos
  344 So. 2d 910· Fla. 3d DCA· 1977-04-05 ·cited 4×
  The court held that the reduction in the age of majority did not relieve the appellant of his contractual obligations for child support as established in the original decree.
• Laurel v. United States
  547 F.2d 917· 5th Cir.· 1977-02-28 ·cited 4×
  The 1972 Amendments to the Civil Rights Act of 1964 apply to federal employees with pending administrative complaints, and these employees are entitled to a trial de novo.
• Hawley K. Challoner v. DAY & Zimmermann, Inc.
  546 F.2d 26· 5th Cir.· 1977-01-26 ·cited 4×
  The court held that the Texas Wrongful Death Statutes, as amended by House Bill 974, should not be applied retroactively to cases already tried.
• Genaw v. Volkswagenwerk
  536 F.2d 1039· 5th Cir.· 1976-08-09 ·cited 4×
  The court held that Florida's long-arm statute, Fla.Stat.Ann. § 48.193, cannot be applied retrospectively to causes of action that accrued before its effective date.
• Creary v. In re the Est. of William Clifford Creary
  338 So. 2d 26· Fla. 1st DCA· 1976-07-19 ·cited 4×
  Widow Mabel Creary claimed an inchoate right of dower in her deceased husband William's remainder interest in his father's homestead, which William had conveyed without Mabel's joinder. The court held Mabel had a valid dower right that was not barred by statutory limitations and
• Harris v. Clifford B. Miles, M.D.
  330 So. 2d 181· Fla. 4th DCA· 1976-03-26 ·cited 4×
  The court addresses whether the 1972 amendment to Florida's medical malpractice statute of limitations (reducing the period from four years to two years) applies retroactively to claims that arose before the amendment's effective date of July 1, 1972. The court holds that the new
• Hodgson v. Consol. Freightways, Inc.
  503 F.2d 797· 9th Cir.· 1974-08-19 ·cited 4×
  An employer may consider wage garnishments that occurred before the effective date of Title III of the Consumer Credit Protection Act when determining whether to discharge an employee under § 304.
• Plaza del Prado Condo. Ass'n, Inc. v. The del Prado Mgmt. Co., Inc.
  298 So. 2d 544· Fla. 3d DCA· 1974-08-13 ·cited 4×
  Florida appellate court affirmed that a condominium management contract executed before the effective date of § 711.13(4) could not be cancelled under that statute, as the management company's substantial rights vested before the statute's effective date.
• Fagundez v. Oakland Raiders Prof'l Football Club
  498 F.2d 1394· Temp. Emer. Ct. App.· 1974-06-24 ·cited 4×
  The court held that the plaintiffs had no private cause of action for damages under the Economic Stabilization Act or Executive Order 11615, as neither expressly or implicitly created such a right, and the relevant amendment was not retroactive.
• Padgett v. First Fed. Sav. & Loan Ass'n OF Lake Worth
  297 So. 2d 101· Fla. 4th DCA· 1974-06-07 ·cited 4×
  The court held that Count I stated a cause of action for recovery of interest under F.S. § 687.04, but Count II failed to state a cause of action for fraud and deceit.
• United States v. Cashion
  492 F.2d 42· 5th Cir.· 1974-04-08 ·cited 4×
  The court affirmed the conviction, but the concurring opinion disagreed with the majority's reasoning regarding a specific regulation.
• Orfaly v. Jeffries
  290 So. 2d 575· Fla. 3d DCA· 1974-02-27 ·cited 4×
  The court held that an oral request for a comparative negligence charge was sufficient to properly raise the issue, allowing for retrospective application of Hoffman v. Jones.
• Clarke D. Arick v. McTAGUE
  292 So. 2d 31· Fla. 1st DCA· 1973-12-11 ·cited 4×
  In this guest passenger statute case, the appellate court reversed summary judgment for the defendant-driver where the trial court improperly applied the now-repealed guest passenger statute, which required proof of gross rather than ordinary negligence. The court held that the s
• United States v. Thomas
  485 F.2d 1012· D.C. Cir.· 1973-08-21 ·cited 4×
  The court held that the mandatory minimum sentence provision of Section 205 of the District of Columbia Court Reform Act should not be applied retroactively to offenses committed before the Act's passage.
• Morris v. Weinberger
  410 U.S. 422· U.S.· 1973-02-22 ·cited 4×
• Nechtman v. A. D. Saker & the Fla. Real Est. Comm'n
  271 So. 2d 26· Fla. 3d DCA· 1972-12-19 ·cited 4×
  The commission lacked jurisdiction to suspend the broker for an internal dispute over commission payment, as the statute at the time did not cover such disputes between a broker and their employee.
• B & T Distribs., Inc. v. Meister Brau, Inc.
  459 F.2d 29· 7th Cir.· 1972-04-07 ·cited 4×
  The court held that the Indiana statute prohibiting termination of beer distribution agreements without just cause did not apply retroactively to an agreement entered into before the statute's enactment.
• Beckwith v. The Bd. OF Pub. Instruction OF Dade Cnty.
  261 So. 2d 504· Fla.· 1972-04-05 ·cited 4×
  The court held that the amended statute entitled teachers who had completed all requirements except the examination by June 30, 1967, to a continuing contract effective July 1, 1967.
• Dep't OF Health & Rehabilitative Servs. & Dep't of Legal Affairs v. Maude J. Harrell
  258 So. 2d 340· Fla. 1st DCA· 1972-02-24 ·cited 4×
  The Florida First District Court of Appeal reversed a judgment dismissing the state's claim for the cost of care and maintenance of a mentally incompetent patient admitted to a state hospital before 1955, holding that the state could recover such charges from the patient's estate
• Evers v. Lacy
  257 So. 2d 70· Fla. 2d DCA· 1972-01-14 ·cited 4×
  A candidate's eligibility can be challenged by an opponent as a defense, even if the opponent could not initiate such a challenge. A recent amendment to the 'resign to run law' does not apply retroactively.
• Raymond and Lillie H. Robinson v. Commissioner OF Internal Revenue
  439 F.2d 767· 8th Cir.· 1971-04-01 ·cited 4×
  The court held that the Revenue Act of 1964, specifically § 483, applied to the petitioner's installment sale, even though the sale occurred before the Act's passage, because the transaction fell within the Act's effective dates.
• Truman Adonis Williams v. United States
  440 F.2d 684· 9th Cir.· 1971-03-26 ·cited 4×
  The court held that the 1966 amendment to 18 U.S.C. § 3568, granting credit for pre-sentence custody, does not apply retroactively to sentences imposed before its effective date.
• Kirk v. Wiggin
  242 So. 2d 725· Fla. 3d DCA· 1971-01-05 ·cited 4×
  The court held that a statute enacted after an individual was declared incompetent cannot be applied retroactively to charge their estate for care and maintenance costs.
• City OF Titusville v. The Bd. OF Pub. Instruction OF Brevard Cnty.
  258 So. 2d 836· Fla. 4th DCA· 1970-10-28 ·cited 4×
  The City of Titusville sought to compel the School Board to pay special assessments for sanitary sewerage improvements to abutting school property. The court reversed the trial court's dismissal, holding that the City's charter provision specifically required the School Board to
• United States v. Winters
  424 F.2d 113· 5th Cir.· 1970-04-10 ·cited 4×
  The 1966 amendment to the Bankruptcy Act, which made certain taxes dischargeable, does not apply to a taxpayer whose bankruptcy discharge preceded the amendment's effective date, even if a related civil proceeding was pending.
• The United States v. Miles
  416 F.2d 973· C.C.P.A.· 1969-10-23 ·cited 4×
  The court held that Public Law 89-468 created a new cause of action for reliquidation of copper scrap entries, making the importer's request and subsequent protest timely, even if the original liquidation was final.
• Onesephor Broussard v. The Houston Indep. Sch. Dist.
  395 F.2d 817· 5th Cir.· 1968-05-30 ·cited 4×
  The court held that the school district's construction program, even if resulting in de facto segregation, did not violate constitutional rights when based on legitimate factors like student need and convenience, and when administered under a valid freedom of choice plan.
• Meier v. Grimes
  202 So. 2d 870· Fla. 4th DCA· 1967-09-25 ·cited 4×
  A Florida appellate court reversed an order denying a defendant's motion to quash service of process in a negligence action arising from an airplane accident. The court held that an amendment to Florida's service of process statute that added aircraft coverage could not be applie
• In re Pioneer Sample Book Co., Inc.
  374 F.2d 953· 3d Cir.· 1967-03-03 ·cited 4×
  Administrative expenses of an unsuccessful Chapter XI arrangement proceeding are not chargeable against the proceeds of assets subject to a secured lien, and only specific bankruptcy administration costs are chargeable to liened assets when sold without objection.
• Rocha v. Immigr. & Naturalization Serv.
  351 F.2d 523· 1st Cir.· 1965-10-14 ·cited 4×
  The court held that the 1907 Act, which caused a U.S. citizen woman to lose her citizenship upon marrying a foreigner, was constitutional, and therefore the petitioner could not claim citizenship through her mother under the 1940 Act.
• Mavity v. Commissioner OF Internal Revenue
  341 F.2d 865· 2d Cir.· 1965-02-26 ·cited 4×
  The court held that a husband's payment of alimony arrears under a post-1954 separation agreement, even if the arrears accrued under a pre-1954 agreement, is deductible if the payments would have qualified under the 1954 Code provisions.
• Koster v. Lingan A. Warren
  297 F.2d 418· 9th Cir.· 1961-10-19 ·cited 4×
  The court held that California Corporations Code § 834, requiring security in stockholder derivative actions, applies in federal court and that the 1959 amendment to the statute does not apply retroactively to pending actions. The court affirmed the dismissal of the action for fa
• Gibbons v. PAN Am. Petroleum Corp.
  262 F.2d 852· 10th Cir.· 1958-12-17 ·cited 4×
  An assignee of a federal oil and gas lease incurs the assignor's obligations, including rental payments, even if the assignment is unapproved by the Department of Interior.
• Levister v. United States
  260 F.2d 485· D.C. Cir.· 1958-10-09 ·cited 4×
  The court held that the savings clause of the 1954 Internal Revenue Code preserved the penalties for offenses committed before its enactment, even if the new code inadvertently omitted penalty provisions.
• Myron Herrick v. Sayler
  245 F.2d 171· 7th Cir.· 1957-05-02 ·cited 4×
• Petrowski v. Hawkeye-Security Ins. Co.
  237 F.2d 609· 7th Cir.· 1956-10-05 ·cited 4×
• Dist. OF Columbia v. Young Men's Christian Ass'n of the City of Wash.
  221 F.2d 56· D.C. Cir.· 1955-01-27 ·cited 4×
  The court held that the YMCA of the City of Washington was exempt from taxation for the 1943 tax year, and the District Court correctly interpreted the statute regarding commercially leased portions.
• Glover v. McFADDIN
  205 F.2d 1· 5th Cir.· 1953-06-05 ·cited 4×
  The court held that because the claimed heirs were aliens to Mexico at the time of inheritance, they could not inherit the land, and subsequent laws removing alien inheritance restrictions were not retroactive.
• Carlson & Sullivan, Inc. v. Bigelow & Dowse Co.
  202 F.2d 654· 1st Cir.· 1953-03-19 ·cited 4×
  The court held that the patent claims were invalid for lack of invention or not infringed, and that a newly enacted patent statute did not apply retroactively to prior judicial findings of validity.
• Field v. Witt Tire Co. OF Atlanta
  200 F.2d 74· 2d Cir.· 1952-10-31 ·cited 4×
  The court held that the evidence was sufficient to support the jury's verdict and that any error in jury instructions regarding damages was curable. The court also determined that a new statute would not be applied retroactively.
• Licznerski v. United States
  180 F.2d 862· 3d Cir.· 1950-03-15 ·cited 4×
  An assignment of insurance policy proceeds that was void and unenforceable when made due to statutory prohibition cannot be validated by a subsequent amendment to the statute, absent express legislative intent for retroactivity.
• Howell Elec. Motors Co. v. United States
  172 F.2d 953· 6th Cir.· 1949-03-07 ·cited 4×
  The court held that the second amendment of the Renegotiation Act can constitutionally be applied retroactively to war contracts completed and paid for before its enactment.
• Black v. Delano
  170 F.2d 966· 6th Cir.· 1948-11-30 ·cited 4×
  Michigan's escheat laws unlawfully interfere with the liquidation of a national bank and are inapplicable to allowed claims and unclaimed dividends.
• Lichter v. United States
  160 F.2d 329· 6th Cir.· 1947-03-10 ·cited 4×
  The court held that the Renegotiation Act is constitutional and that appellants were required to exhaust administrative remedies by petitioning the Tax Court before raising defenses in district court.