Retroactive Application Of Statutes

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

• Bowles v. Miller
  151 F.2d 992· 10th Cir.· 1945-11-05 ·cited 4×
  The court held that the amendment to Section 3(e) of the Emergency Price Control Act is remedial and applies retroactively, making the Secretary of Agriculture's approval unnecessary for the Administrator to bring suit.
• Claridge Apts. Co. v. Commissioner of Internal Revenue
  138 F.2d 962· 7th Cir.· 1943-12-01 ·cited 4×
  Section 270 of the Chandler amendment to the Bankruptcy Act applies retroactively to reduce the depreciation basis of property acquired in a Section 77B reorganization by the amount of indebtedness cancelled, but not below fair market value.
• Cittadini v. Commissioner of Internal Revenue
  139 F.2d 29· 4th Cir.· 1943-11-15 ·cited 4×
  The taxpayer was not entitled to a bad debt deduction in 1939 under either the original or amended Internal Revenue Code provisions because she failed to prove the debt became worthless in that specific year.
• Benas v. Maher
  128 F.2d 247· 8th Cir.· 1942-05-19 ·cited 4×
  The court held that a tax sale conducted without adhering to the procedural requirements of the applicable 1939 Missouri statute was void, and that the purchaser's inequitable conduct barred equitable relief.
• Porto RICO Brokerage Co., Inc. v. United States
  76 F.2d 605· C.C.P.A.· 1935-04-19 ·cited 4×
  The court should affirm the trial court's judgment, holding that the ratifying Act of June 18, 1934, intended to and did validate the collection of all duties imposed by Puerto Rico's Joint Resolution No. 59, including those on coffee imported from the United States. The dissenti
• Notley v. Brown
  208 U.S. 429· U.S.· 1908-02-24 ·cited 4×
  Contestants in a will case challenged a Hawaii court's instruction to the jury and verdict in favor of the will through multiple appeals, but the Supreme Court of the United States dismissed the writ of error for lack of jurisdiction because no final reviewable judgment existed a
• The State of Fla. ex rel. v. Bradshaw
  35 Fla. 313· Fla.· 1895-01-01 ·cited 4×
  The Florida Supreme Court ordered a mandamus writ compelling the Orange County clerk to issue a tax deed to the relator based on tax certificates from 1889. The court held that an 1891 statute could not retroactively extend the redemption period for tax sales completed under the
• Water Damage Express, LLC v. First Protective Ins. Co.
  336 So. 3d 310· Fla. 4th DCA· 2022-03-16 ·cited 3×
  A modular home does not fall within the definition of 'mobile home' under the Town of Fishkill zoning ordinance, and the town's denial of a building permit for modular home construction outside a mobile home park was erroneous.
• Ahmad Gary Sheaffers v. State
  243 So. 3d 518· Fla. 1st DCA· 2018-04-17 ·cited 3×
  The statute in effect at the time of the crime's commission, not the date the sentence becomes final or is imposed, dictates which punishment statute applies to criminal sentences.
• Leandro DE LA Fuente v. Fla. Ins. Guar. Ass'n
  202 So. 3d 396· Fla.· 2016-10-20 ·cited 3×
  The Florida Supreme Court held that the statutory definition of 'covered claim' under the Florida Insurance Guaranty Association Act that was in effect when an insurer was adjudicated insolvent—not when the insurance policy was issued—governs FIGA's obligations to insureds for si
• Davis v. State
  199 So. 3d 546· Fla. 4th DCA· 2016-09-14 ·cited 3×
  A juvenile offender challenged his 75-year sentence as unconstitutional cruel and unusual punishment under Graham v. Florida, arguing it amounted to a de facto life sentence without meaningful opportunity for release. The Fourth District affirmed the sentence, holding that the de
• Blaesser v. State Bd. OF Admin.
  134 So. 3d 1013· Fla. 1st DCA· 2010-07-01 ·cited 3×
  Robert Blaesser, a retired FRS member who took a lump-sum distribution from his Investment Plan account, sought to renew his FRS membership when he returned to work with an FRS-covered agency after July 1, 2010. The court affirmed the State Board of Administration's denial of his
• Lawson v. Plantation Gen. Hosp., L.P.
  704 F. Supp. 2d 1254· S.D. Fla.· 2010-03-30 ·cited 3×
  The court held that a genuine issue of material fact exists regarding whether the plaintiff's transfer constituted an adverse employment action, thus denying summary judgment on that claim.
• Carbajal v. State
  28 So. 3d 187· Fla. 2d DCA· 2010-02-24 ·cited 3×
  David Carbajal challenged his 2002 drug conviction via a postconviction motion arguing the circuit court lacked jurisdiction because the Statewide Prosecutor was without authority to prosecute crimes occurring in a single judicial circuit. The Florida District Court of Appeal aff
• Bell Care Nurses Registry, Inc. v. Cont'l Cas. Co.
  25 So. 3d 13· Fla. 3d DCA· 2009-11-12 ·cited 3×
  Bell Care Nurses Registry appeals a summary judgment denying coverage for home health aide services under a long-term care insurance policy. The court reverses, holding that Florida's statutory minimum standards for home health care benefits, enacted in 1992, apply to the policy
• Deatherage v. State
  15 So. 3d 775· Fla. 2d DCA· 2009-07-17 ·cited 3×
  Randall Deatherage appealed a postconviction order dismissing his Rule 3.800(a) motion challenging his felony convictions for driving with a suspended license. The court reversed in part, holding that while the postconviction court should have treated his claim as a Rule 3.850 mo
• United States v. Madera
  474 F. Supp. 2d 1257· M.D. Fla.· 2007-01-16 ·cited 3×
  The court held that the Adam Walsh Child Protection and Safety Act of 2006, including SORNA, is constitutional and applies retroactively to the defendant.
• Lester v. State
  923 So. 2d 596· Fla. 5th DCA· 2006-03-24 ·cited 3×
• Wallace v. Allstate Indem. Co.
  920 So. 2d 50· Fla. 5th DCA· 2005-12-16 ·cited 3×
  Wallace appealed a trial court decision allowing Allstate to offset uninsured motorist benefits by PIP benefits paid, reducing her $11,300 verdict to zero. The court reversed and remanded, holding that under the Florida Supreme Court's decision in Caruso v. Baumle, the collateral
• Morrow v. State
  914 So. 2d 1085· Fla. 4th DCA· 2005-11-30 ·cited 3×
  Edward Morrow appeals a trial court order requiring him to submit blood and saliva samples for DNA testing under Florida Statute § 943.325, thirteen years after pleading guilty to false imprisonment. The appellate court affirms, holding that the DNA testing requirement does not v
• Camilo v. State
  839 So. 2d 798· Fla. 2d DCA· 2003-02-28 ·cited 3×
• Ryan v. State
  747 So. 2d 434· Fla. 4th DCA· 1999-12-15 ·cited 3×
  Patricia Ryan challenges a sentence imposed for a firearm-possession offense, arguing it was illegal because the jury verdict and original judgment classified the crime as a third-degree felony (weapon possession) rather than a second-degree felony (firearm possession), making th
• Mayers v. Reno
  977 F. Supp. 1457· S.D. Fla.· 1997-08-25 ·cited 3×
  Federal district courts lack subject matter jurisdiction to review final orders of deportation for aliens deportable due to certain criminal offenses, as AEDPA and IIRIRA have divested such jurisdiction, including habeas corpus review.
• United States v. Searle
  974 F. Supp. 1433· M.D. Fla.· 1997-08-13 ·cited 3×
  The court held that the defendant's motion to vacate his sentence under 28 U.S.C. § 2255 is denied because his claims are procedurally barred, time-barred, or fail on the merits, and he has not made a substantial showing of the denial of a constitutional right for a certificate o
• Brown v. State
  634 So. 2d 735· Fla. 1st DCA· 1994-03-24 ·cited 3×
  The court held that the Smith decision, requiring retrospective application of new rules to non-final cases, mandates reversal and remand for resentencing in this case, which was pending on direct appeal when Ree was decided.
• M.K. Foreman v. Russo
  624 So. 2d 333· Fla. 4th DCA· 1993-09-08 ·cited 3×
  A sanitation worker injured when a car struck his employer's garbage truck sued the corporate officers for gross negligence, arguing they were not entitled to workers' compensation immunity. The jury found three officers grossly negligent, and the appellate court affirmed, holdin
• Warner v. Zent
  997 F.2d 116· 6th Cir.· 1993-06-07 ·cited 3×
  The court held that applying a judicial interpretation of a criminal statute retroactively, which was not foreseeable from the statute's plain language, violates the Due Process Clause by depriving the defendant of fair warning.
• Sussman v. Salem, Saxon & Nielsen, P.A.
  815 F. Supp. 1447· M.D. Fla.· 1993-03-08 ·cited 3×
  The court held that the provisions of the Civil Rights Act of 1991, including rights to compensatory/punitive damages and a jury trial, apply prospectively only, not retroactively.
• United States v. Higgins
  987 F.2d 543· 8th Cir.· 1993-03-08 ·cited 3×
  The court held that 28 U.S.C. § 2044 was properly applied to the defendant's bond deposit, as it is a procedural statute and its application was not retroactive. The court also found that the statute does not violate the Eighth Amendment's prohibition against excessive bail.
• Burke v. Jacoby
  981 F.2d 1372· 2d Cir.· 1992-12-29 ·cited 3×
  The court affirmed the dismissal of the plaintiff's securities and state law claims, finding no error in the district court's application of statutes of limitations, reliance, causation, or remedies.
• Selvage v. Collins
  975 F.2d 131· 5th Cir.· 1992-10-02 ·cited 3×
  The court held that the perceived futility of raising 'Penry' claims does not constitute cause to excuse a procedural default in a federal habeas petition, as such claims were reasonably available.
• Leland v. Fed. Ins. Adm'r
  934 F.2d 524· 4th Cir.· 1991-05-22 ·cited 3×
  The court held that the Upton-Jones amendment to the National Flood Insurance Act does not apply retroactively to cover losses that occurred prior to its effective date, and the 'loss-in-progress' principle bars coverage for losses already underway.
• Union Mfg. Co., Inc. v. United States Int'l Trade Comm'n
  781 F.2d 186· Fed. Cir.· 1985-12-17 ·cited 3×
  The court held that Union's appeal of the ITC's final determination was not barred by the newly enacted 60-day statute of limitations, nor by laches, and denied the ITC's motion to dismiss.
• Fla. Patient's Comp. Fund v. von Stetina
  474 So. 2d 783· Fla.· 1985-05-16 ·cited 3×
  Florida Patient's Compensation Fund challenged a $12.47 million medical malpractice verdict against Florida Medical Center for injuries to Susan Von Stetina, who suffered severe brain damage due to alleged respiratory equipment failure. The Florida Supreme Court upheld the consti
• McCORKLE v. The United States & Conrad Weihnacht Constr. Co.
  737 F.2d 957· 11th Cir.· 1984-07-26 ·cited 3×
  The court held that the Georgia Workers' Compensation Act's exclusivity provision bars tort claims against a statutory employer, whether direct or indirect, and that the owner of premises is not typically a statutory employer unless also acting as a contractor.
• Cohen v. Katsaris
  530 F. Supp. 1092· N.D. Fla.· 1982-01-07 ·cited 3×
  The court held that applying a judicial construction of the trespass statute that unforeseeably broadened its scope to criminalize conduct that occurred prior to the construction violates the Due Process Clause of the Fourteenth Amendment.
• Condit v. United AIR Lines, Inc.
  631 F.2d 1136· 4th Cir.· 1980-09-10 ·cited 3×
  The court held that United's policy of withholding sick leave and disability benefits from pregnant employees did not violate Title VII, and the Pregnancy Discrimination Act should not be applied retroactively.
• Reverend Chester C. Thompson v. Washington
  D.D.C.· 1977-02-15 ·cited 3×
  The court held that while restitution for past rent increases was not warranted due to equitable considerations and reliance interests, a forward-looking reevaluation of the current rent schedule was necessary in one case to ensure future rents were not excessive.
• Perez v. Am. Mut. Liab. Ins. Co.
  288 So. 2d 541· Fla. 2d DCA· 1973-12-12 ·cited 3×
  A mother sued for damages resulting from her five-year-old son's death in a motor vehicle accident, claiming loss of the child's prospective estate. The jury awarded only funeral expenses ($1,520) with no damages for lost prospective earnings, and the appellate court reversed, ho
• Nita S. Vela v. Gov't Emps. Ins. Co.
  395 F.2d 437· 9th Cir.· 1968-05-06 ·cited 3×
  The court held that Guam's direct action statute does not authorize suit against an insurer if the action against the insured tortfeasor abated due to death, and that Guam Civil Code § 956 should not be applied retroactively.
• United States v. Lindsay
  202 F.2d 239· 1st Cir.· 1953-02-26 ·cited 3×
  The court held that the six-year statute of limitations in the Commodity Credit Corporation Charter Act began to run when the cause of action accrued, not when the statute became effective, thus barring the suit.
• Kindleberger v. Lincoln Nat. Bank of Wash.
  D.D.C.· 1946-04-29 ·cited 3×
  The statute's purpose is to protect a living beneficiary against the insured's creditors, not to direct proceeds to a deceased beneficiary's estate when they predecease the insured.
• Culmer v. Off. Realty Co.
  137 Fla. 675· Fla.· 1939-05-16 ·cited 3×
  The Florida Supreme Court upheld the lower court's decision striking portions of the defendant's answer in a tax foreclosure suit, holding that a 1935 statute restricting State sales of tax certificates for homestead properties was repealed and that the repeal applied retroactive
• United States v. Pinkney Clowers, III
  62 F.4th 1377· 11th Cir.· 2023-03-14 ·cited 2×
  A district court cannot reduce a sentence under the First Step Act if the defendant would have received the same mandatory statutory penalty under the Fair Sentencing Act, and the court is bound by prior drug-quantity findings that could have been used to determine that penalty.
• Total Care Restoration, LLC v. Citizens Prop. Ins. Corp.
  Fla. 4th DCA· 2022-04-20 ·cited 2×
  Total Care Restoration assigned insurance benefits from a homeowner on July 16, 2019, and later sued Citizens Property Insurance for water damage benefits without providing the 10-day pre-suit notice required by section 627.7152(9)(a), Florida Statutes. The court held that the 10
• Rendon v. U.S. Attorney General
  972 F.3d 1252· 11th Cir.· 2020-08-26 ·cited 2×
  Applying the stop-time rule to a pre-IIRIRA conviction, where the conviction did not immediately render the alien deportable, has an impermissibly retroactive effect.
• Haar v. State
  295 So. 3d 327· Fla. 5th DCA· 2020-04-16 ·cited 2×
  Robert Haar appeals his conviction for sexual battery on a 14-year-old victim. The Fifth District Court of Appeal affirms his conviction but remands to correct a scrivener's error in the costs judgment, where the trial court intended to strike an indigent defense cost but the cle
• Rivera v. State
  300 So. 3d 757· Fla. 4th DCA· 2020-03-11 ·cited 2×
  The amendment to section 776.032 constitutes a substantive change in law that applies prospectively only, not retroactively to trials completed before the amendment's effective date.
• Tillman v. State
  43 Fla. L. Weekly D2764· Fla. 2d DCA· 2019-03-13 ·cited 2×
  # LEGAL BRIEF **Tillman v. State of Florida**, 2D16-5566 (Fla. 2d DCA Mar. 13, 2019): The Second District Court of Appeal held that the 2017 amendment to Florida's "Stand Your Ground" law (§ 776.032) applies retroactively to pending cases and is procedural in nature, reversing t
• Conahan v. State
  258 So. 3d 1237· Fla.· 2018-10-19 ·cited 2×
  Daniel Conahan appeals the denial of a motion to vacate his death sentence for first-degree murder, raising claims under Hurst v. Florida regarding the constitutionality of Florida's death sentencing procedure. The Florida Supreme Court affirms the denial of postconviction relief