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

• 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.
• 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.
• Thomas v. United States
  460 F.2d 1222· 5th Cir.· 1972-05-18 ·cited 4×·via Retrospective Application
  A defendant is entitled to have a sentence reconsidered if prior convictions used in sentencing are later found constitutionally invalid.
• 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.
• The NEW England Merchs. Nat'l Bank OF Boston u/w Martha A. Alford v. United States
  384 F.2d 176· 1st Cir.· 1967-10-17 ·cited 4×·via Retroactive Tax Legislation
  A reserved power to alter or revoke a trust, even if created before the relevant tax statute and exercisable only with the consent of a corporate trustee, is includible in the decedent's gross estate if the trustee does not possess a substantially adverse interest.
• 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.
• Henderson v. Selective Ins. Co.
  369 F.2d 143· 6th Cir.· 1966-11-23 ·cited 4×·via Retroactivity Of Statutory Amendments
  The court held that the owner's insurer provided primary coverage and the driver's insurer provided excess coverage, and that attorneys' fees were not recoverable.
• 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.
• Prather v. Commissioner OF Internal Revenue
  322 F.2d 931· 9th Cir.· 1963-09-16 ·cited 4×·via Retroactive Tax Legislation
  The court held that the 1958 amendment to Section 481 of the Internal Revenue Code is constitutional and that the taxpayers failed to make a valid election to utilize certain tax relief 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×
• Myer Klig v. Brownell
  244 F.2d 742· D.C. Cir.· 1957-04-04 ·cited 4×·via Retroactive Legislation
  The dissenting judge argues that the alien is not deportable under the Internal Security Act of 1950 based on prior membership in a foreign Communist Party before entering the U.S.
• 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.
• Woods v. Schmid
  164 F.2d 981· 5th Cir.· 1947-12-26 ·cited 4×·via Retroactive Legislation
  The court held that landlords who obtained eviction judgments by agreement during a rent control lapse could not enforce those judgments after rent control was reinstated.
• 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.
• 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.
• Crooks v. State ex rel. E. R. Pierce
  141 Fla. 597· Fla.· 1940-01-16 ·cited 4×·via Retroactive Legislation
  The Florida Supreme Court upheld a mandamus order requiring the Fort Pierce Port District to pay the County Tax Assessor commissions for assessing taxes under Chapter 17876, Acts of 1937, a general law that established uniform tax assessor compensation throughout Florida. The cou
• 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
• 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
• Stockdale v. Stockdale
  409 So. 3d 163· Fla. 1st DCA· 2025-04-09 ·cited 3×
  A petition for dissolution of marriage remains pending under section 61.08(11), Florida Statutes (2023), until the circuit court renders a final judgment, and the 2023 amendments eliminating permanent alimony apply to petitions still pending on July 1, 2023, even if a magistrate
• Williams v. State
  285 So. 3d 1003· Fla. 1st DCA· 2019-12-03 ·cited 3×
  The appellate court affirmed a defendant's conviction and sentence for armed robbery but reversed a portion of the costs imposed by the trial court. The court held that the trial court did not err in using a prior version of the jury instruction for eyewitness identification, as
• Francine Liebman v. THE City OF Miami
  279 So. 3d 747· Fla. 3d DCA· 2019-07-17 ·cited 3×
  This case concerns whether certain City of Miami residents and a non-resident had legal standing to sue the City over lease agreements for a development project. The appellate court affirmed the trial court's dismissal, finding that the residents lacked standing because a relevan
• 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.
• City of Homestead/ Preferred v. Harley Foust
  242 So. 3d 1169· Fla. 1st DCA· 2018-01-26 ·cited 3×·via Retroactivity Of Statutory Amendments
  A law enforcement officer must pass a physical examination immediately upon entering into service as a full-time officer to qualify for the statutory presumption of occupational causation for heart disease and hypertension under section 112.18, Florida Statutes. A physical examin
• 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