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

• Smith v. State
  737 So. 2d 577· Fla. 4th DCA· 1999-06-23 ·cited 4×
  Timothy Smith appeals an order denying his motion to correct an illegal sentence, arguing that assessing 25 additional points on his sentencing guidelines scoresheet for possession of a semi-automatic weapon violated double jeopardy because his offense was already enhanced from a
• Wiley v. State
  710 So. 2d 724· Fla. 1st DCA· 1998-05-13 ·cited 4×
  Court reversed denial of postconviction relief motion because trial court failed to adequately consider retroactive application of State v. Iacovone to defendant's sentence, requiring remand for proper reconsideration with complete record.
• Metro. Dade Cnty. v. Chase Fed. Hous. Corp.
  705 So. 2d 674· Fla. 3d DCA· 1998-01-28 ·cited 4×
  Metropolitan Dade County appeals summary judgments granting immunity to shopping center owners under Florida's Drycleaning Contamination Cleanup Act. The court affirms, holding that the Act's immunity provisions apply retroactively to preclude the County's claims for recovery of
• In re Est. OF Mildred Frances McQUEEN v. First Guar. Bank & Tr. Co.
  699 So. 2d 747· Fla. 1st DCA· 1997-08-26 ·cited 4×
  In this probate appeal, the court addresses whether an attorney's fees for representing an estate's personal representatives and serving as de facto trustee should be calculated under a 1995 statutory formula or under an oral hourly-rate agreement predating the statute. The court
• Tadaryl Williams v. State
  689 So. 2d 1217· Fla. 1st DCA· 1997-03-13 ·cited 4×
  Tadaryl Williams appealed the summary denial of his postconviction motion seeking to vacate his 1986 attempted felony murder conviction based on State v. Gray's holding that attempted felony murder is not a crime. The appellate court reversed because the trial court failed to att
• Bruce v. State
  687 So. 2d 1322· Fla. 5th DCA· 1997-01-24 ·cited 4×
  Ralph Bruce appealed sentences imposed for uttering forged checks and sexual battery on a child. The court reversed, finding the trial court improperly used a single sentencing scoresheet for offenses committed in different years and imposed probation conditions inconsistent with
• D.A. Netzel, Inc. v. Special Disability Tr. Fund
  681 So. 2d 874· Fla. 1st DCA· 1996-10-22 ·cited 4×
  The court held that the employer/carrier failed to establish that the claimant's obesity constituted a permanent physical impairment under the relevant statute, thus denying their claim for reimbursement from the Special Disability Trust Fund.
• Hadden v. Emilio Cirelli
  675 So. 2d 1003· Fla. 5th DCA· 1996-06-14 ·cited 4×
  John Hadden appealed a summary judgment quieting title to two parcels of property in favor of Emilio Cirelli. The trial court found that a 1978 dissolution judgment automatically transferred the father's interests in the property to the mother, leaving Hadden with no ownership in
• Russell v. P.I.E. Nationwide & Alexsis, Inc.
  668 So. 2d 696· Fla. 1st DCA· 1996-02-28 ·cited 4×
  A workers' compensation claimant injured in 1989 appealed an order allowing the employer/carrier to deny further chiropractic care under a 1994 statutory amendment capping chiropractic treatments. The court reversed, holding that the statutory provision is substantive and cannot
• United States v. Hurtado-Gonzalez
  74 F.3d 1147· 11th Cir.· 1996-02-12 ·cited 4×
  Hurtado was convicted of counterfeit currency offenses before the Sentencing Guidelines took effect and received a suspended sentence with probation. After violating probation by committing drug offenses, he was resentenced to five years imprisonment. The court held that when a d
• 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
• Cohen v. State
  656 So. 2d 525· Fla. 5th DCA· 1995-05-26 ·cited 4×·via Retroactivity Of Statutory Amendments
  Statutory and rule amendments regarding sentencing do not apply retroactively to offenses committed before their effective date. The court certifies a question regarding reversible error for delayed written sentencing reasons.
• Smith v. State
  616 So. 2d 1116· Fla. 5th DCA· 1993-04-09 ·cited 4×·via Retroactivity Of Statutory Amendments
  Smith appealed the summary denial of his motion to correct sentences imposed under the habitual offender statute. The court vacated his sentences because the 1989 amendments to the habitual offender statute were unconstitutional, and he was sentenced during the unconstitutional p
• 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.
• Farrell v. Captain Lawrence McDONOUGH
  966 F.2d 279· 7th Cir.· 1992-06-30 ·cited 4×·via Retroactivity Of Statutory Amendments
  The court held that the inmate's section 1983 complaint against the captain was time-barred because the amended complaint was filed outside the applicable two-year statute of limitations and did not relate back.
• NCNB Tex. Nat'l Bank v. P & R Invs. NO. 6
  962 F.2d 518· 5th Cir.· 1992-06-09 ·cited 4×·via Retroactivity Of Statutory Amendments
  The court held that the FDIC's removal of the case was timely under an amended statute, and the district court's remand order should be vacated.
• 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.
• Univ. Med. Ctr. & Johns E. Co., Inc. v. Sumpter
  591 So. 2d 288· Fla. 1st DCA· 1991-12-09 ·cited 4×·via Retroactivity Of Statutory Amendments
  The court held that the amendment to section 440.15(3)(b)l, Florida Statutes, created a new offset right for the employer/carrier against wage-loss benefits, and this change was substantive and not retroactive to the claimant's injury date.
• 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.
• Harrison v. Otis Elevator Co.
  935 F.2d 714· 5th Cir.· 1991-07-17 ·cited 4×·via Retroactive Legislation
  The court affirmed the district court's decisions, finding no error in the denial of a directed verdict, judgment notwithstanding the verdict, or a new trial, and upholding the intervenor's recovery limitations.
• 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.
• Clinton Hosp. Ass'n v. The Corson Grp., Inc.
  907 F.2d 1260· 1st Cir.· 1990-07-11 ·cited 4×·via Retroactivity Of Statutory Amendments
  The court held that the district court did not err in applying a functional analysis to determine if the defendant's actions occurred primarily and substantially within Massachusetts under MGLA ch. 93A, § 11.
• 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.