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

• State v. Jensen
  557 So. 2d 23· Fla.· 1990-02-15 ·cited 4×
  Double jeopardy claims based on Carawan cannot be retroactively applied on a postconviction motion.
• State v. Spadaro
  556 So. 2d 1119· Fla.· 1990-02-15 ·cited 4×
• Krug v. Vince Imbordino
  896 F.2d 395· 9th Cir.· 1990-02-15 ·cited 4×
  The court held that Krug's claims are barred by the statute of limitations or are meritless, and affirmed the district court's grant of summary judgment.
• AVIS Rent-A-Car Sys., Inc. v. Smith
  548 So. 2d 1193· Fla. 4th DCA· 1989-09-27 ·cited 4×·via Statutory Retroactivity
  The Fourth District Court of Appeal reversed a trial court order requiring defendants to produce statements made by the plaintiff's treating chiropractor. The court held that statements obtained from a treating physician during trial preparation are protected by the attorney work
• Indep. U.S. Tanker Owners Comm. v. Skinner
  884 F.2d 587· D.C. Cir.· 1989-08-22 ·cited 4×
  The court held that the appropriations rider applies prospectively and does not invalidate the rule because the rule is self-implementing, and that procedural challenges were without merit.
• Bernardin Inglis v. State
  547 So. 2d 702· Fla. 5th DCA· 1989-08-03 ·cited 4×·via Retroactivity Of Statutory Amendments
  The court held that dual convictions for possession and sale of the same cocaine, committed before the statutory amendment's effective date, are illegal and require vacation of one conviction.
• Holmes v. State
  547 So. 2d 695· Fla. 5th DCA· 1989-07-27 ·cited 4×
  A defendant cannot be convicted of both sale and possession of the same cocaine when the offenses occurred before July 1, 1988.
• Jelks v. State
  546 So. 2d 783· Fla. 5th DCA· 1989-07-20 ·cited 4×
  A defendant cannot be convicted of both sale and possession of the same illegal drugs when the crime occurred before the effective date of a statute that would otherwise allow such dual convictions.
• Boyd v. State
  546 So. 2d 132· Fla. 4th DCA· 1989-07-19 ·cited 4×·via Retroactivity Of Statutory Amendments
  James Boyd was convicted of kidnapping and four counts of sexual battery against a child, receiving consecutive mandatory minimum life sentences. The Fourth District Court of Appeal reversed, holding that consecutive mandatory minimum sentences cannot be imposed for crimes arisin
• Cleveland v. Berkson
  878 F.2d 1034· 7th Cir.· 1989-07-12 ·cited 4×
  The pendency of Rule 11 sanctions motions does not render a final judgment on the merits nonfinal for appeal purposes. The district court's dismissal based on statutes of limitations was correct.
• Nash v. State
  547 So. 2d 147· Fla. 4th DCA· 1989-06-14 ·cited 4×
  John Nash appeals his armed robbery and grand theft convictions in Broward County on double jeopardy grounds. The Florida District Court of Appeal reverses both convictions, holding that Nash cannot be convicted of both offenses based on the same underlying act since grand theft
• United States v. Joe Fedroff. Appeal of Joseph Fedroff
  874 F.2d 178· 3d Cir.· 1989-05-11 ·cited 4×
  The court held that the defendant presented sufficient evidence of both inducement and non-predisposition to warrant an entrapment jury instruction, entitling him to a new trial.
• Frazier v. Baker Material Handling Corp. & Otis Elevator Co.
  540 So. 2d 205· Fla. 3d DCA· 1989-03-21 ·cited 4×·via Retrospective Application
  The court addresses whether the trial courts properly granted summary judgment based on Florida's twelve-year products liability statute of repose. The court affirms, holding that the 1986 legislative repeal of the statute of repose does not operate retrospectively and that the S
• Marge Metzer v. Lyng
  864 F.2d 75· 8th Cir.· 1988-12-20 ·cited 4×
  The Food Security Act of 1985, specifically the amendment excluding lender-retained student loan fees from income, became effective immediately upon enactment, entitling recipients to retroactive benefits.
• Gov't Emps. Ins. Co. v. Benton
  859 F.2d 1147· 3d Cir.· 1988-10-12 ·cited 4×
  The court held that the policy was 'issued' after the statutory effective date because the policy document itself was not created until after that date, despite earlier coverage under a binder.
• United States v. 6.93 Acres OF Land
  852 F.2d 633· 1st Cir.· 1988-07-25 ·cited 4×
  The court held that a 1985 amendment to the Equal Access to Justice Act (EAJA), which clarified the definition of 'prevailing party' in eminent domain cases, applies to fee applications pending on the amendment's enactment date.
• Clay v. Lynaugh
  846 F.2d 8· 5th Cir.· 1988-05-18 ·cited 4×
  If the carving doctrine would have barred the conviction, the Texas courts denied the defendant due process by applying the doctrine's elimination retroactively.
• Barber Greene Co. & Aetna Cas. & Sur. Co. v. Urbantes
  517 So. 2d 768· Fla. 4th DCA· 1988-01-06 ·cited 4×
  Barber Greene Company appealed a trial court ruling that Florida's statute of repose does not apply to machinery delivered under a lease agreement. The Fourth District Court of Appeal affirmed, holding that the statute of repose, which bars products liability claims brought more
• Petroleum Helicopters, Inc. v. Avco Corp.
  834 F.2d 510· 5th Cir.· 1987-12-28 ·cited 4×
  The court held that the 1987 amendment to the Louisiana Long-Arm Statute, which makes jurisdiction coextensive with due process, applies to pending cases and resolves the issue of jurisdiction when due process is satisfied.
• Toombs v. Manning
  835 F.2d 453· 3d Cir.· 1987-12-11 ·cited 4×
  SEPTA is a Commonwealth party under the Pennsylvania sovereign immunity statute, and thus its liability is capped at $250,000 for compensatory damages.
• Elba Morales v. Bowen
  833 F.2d 481· 3d Cir.· 1987-11-18 ·cited 4×
  The court held that the New Jersey Parentage Act, requiring proof of paternity by a preponderance of the evidence, applies to determine eligibility for Social Security survivor's benefits, and that the Secretary's denial of benefits was not supported by substantial evidence.
• 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.
• Sampson v. Caterpillar Tractor Co.
  507 So. 2d 1222· Fla. 5th DCA· 1987-06-04 ·cited 4×·via Retrospective Application
  Appellants challenged a summary judgment dismissing their products liability action for a 1980 injury based on the statute of repose in Florida § 95.031(2). The court affirmed the dismissal and certified questions to the Florida Supreme Court regarding the retrospective applicati
• Nieves v. Hess OIL Virgin Islands Corp.
  819 F.2d 1237· 3d Cir.· 1987-05-22 ·cited 4×·via Retroactive Legislation
  The court held that the Virgin Islands legislature is not barred by the contract clause from retroactively amending the Workmen's Compensation Act to correct a judicial interpretation, as the amendment did not impair any contract-based expectation and served a legitimate public p
• 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.
• NEW England Baptist Hosp. v. United States
  807 F.2d 280· 1st Cir.· 1986-12-17 ·cited 4×·via Retroactive Tax Legislation
  The court held that while the Treasury's initial interpretation of the statutes was incorrect, subsequent congressional amendments retroactively validated that interpretation, and this retroactive legislation was constitutional.
• 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
• Sears v. The Atchison
  779 F.2d 1450· 10th Cir.· 1985-12-18 ·cited 4×·via Retrospective Application
  The court held that the en banc opinion in Cooper v. Singer, which clarified the relationship between statutory fee awards and contingent fee agreements, should not be applied retrospectively to abrogate pre-existing contractual fee agreements.
• 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×
  A manufacturer or successor manufacturer seeking to withdraw brands from a distributor under Florida Statutes §§ 564.045(5) and 565.095(5) must affirmatively demonstrate good cause, and mere succession in an arm's length transaction is insufficient; an evidentiary hearing is requ
• 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.