Retroactive Application Of Statutes

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

• In re Curry v. Assocs. Fin. Servs.
  698 F.2d 298· 6th Cir.· 1983-01-28 ·cited 2×
  The Supreme Court held that 11 U.S.C. § 522(f) cannot be applied retroactively to avoid liens perfected before the Bankruptcy Code's enactment.
• Dickerson v. State
  427 So. 2d 205· Fla. 2d DCA· 1983-01-14 ·cited 2×
  The court held that a statute allowing retention of jurisdiction over a sentence cannot be applied retroactively to offenses committed before its enactment, and that defendants must be credited for time served in county jail prior to sentencing.
• Anderson v. Jackson Mun. Airport Auth.
  691 F.2d 742· 5th Cir.· 1982-11-15 ·cited 2×
  The court held that the legislature's declaration of airport operations as governmental functions is binding and grants immunity from tort liability, and that statutory amendments are prospective unless clearly stated otherwise.
• Brackney v. Combustion Eng'g, Inc.
  674 F.2d 812· 9th Cir.· 1982-04-15 ·cited 2×
  The court held that the district court's dismissal of claims against the University of Chicago and the application of the six-year tolling limit for Michael Brackney were not clearly wrong, but vacated the ruling on Combustion Engineering's defense pending a Commerce Clause deter
• Starks v. S. E. Rykoff & Co.
  673 F.2d 1106· 9th Cir.· 1982-04-09 ·cited 2×
  The court held that the retroactive reassignment of a personal injury claim under an amended Arizona statute was valid under both Arizona law and the Fourteenth Amendment's due process clause.
• Bruner v. Bd. OF Real Est. & Dep't of Prof'l Reg.
  409 So. 2d 146· Fla. 5th DCA· 1982-01-27 ·cited 2×
  Susan Bruner sought a writ of prohibition to prevent revocation of her real estate broker's license after the Board of Real Estate found probable cause against her. The court clarified its prior order denying the writ, explaining that a statutory amendment effective July 1, 1981
• Young v. State
  406 So. 2d 1249· Fla. 1st DCA· 1981-12-08 ·cited 2×
• United States v. Holcomb
  651 F.2d 231· 4th Cir.· 1981-06-08 ·cited 2×
  The 1976 Amendments to the Horse Protection Act, which changed the forum for judicial review to the Court of Appeals and applied a substantial evidence standard, applied to pending cases like Holcomb's. These changes were procedural, not substantive.
• Johnel McCRAY v. Louie L. Wainwright
  397 So. 2d 1220· Fla. 1st DCA· 1981-05-11 ·cited 2×
• Betty Jean Hughes (Widow of Teddy v. Hughes)
  647 F.2d 452· 4th Cir.· 1981-04-29 ·cited 2×
  The court held that Heyl & Patterson, Inc. is a coal mine operator under the pre-1977 statutory definition because its control and supervision of a coal preparation plant during its start-up phase constitutes engagement in the processing of coal.
• V. Donald Rebholz et ux. v. Metrocare, Inc.
  397 So. 2d 677· Fla.· 1981-04-16 ·cited 2×
  The Florida Supreme Court affirmed that a statute making condominium maintenance agreement requirements retroactively applicable violates the Contract Clause by impairing the obligations of pre-existing contracts. The court upheld the trial court's finding that Section 718.126 is
• Hawthorne v. Louie L. Wainwright
  396 So. 2d 724· Fla. 1st DCA· 1981-02-16 ·cited 2×
• Est. of Victor G. Huskea v. Doody
  391 So. 2d 779· Fla. 4th DCA· 1980-12-31 ·cited 2×
  The court held that the law in effect at the decedent's death, not at the time of adoption, governs an adopted child's right to inherit from a natural parent.
• Davis v. U. S. Dep't OF Labor
  646 F.2d 609· D.C. Cir.· 1980-12-22 ·cited 2×
  The court held that substantial evidence supported the finding of no permanent total disability, but remanded for reconsideration of temporary and permanent partial disability benefits and attorney fees.
• Finocchio v. U. S. Fid. & Guar. Co.
  389 So. 2d 1246· Fla. 1st DCA· 1980-11-13 ·cited 2×
  The court held that the statutory amendment regarding setoff against uninsured motorist coverage should not be applied retroactively.
• Gov't OF the Canal Zone v. Carmen Martinez H. (Hernandez)
  620 F.2d 502· 5th Cir.· 1980-06-30 ·cited 2×
  A defendant is not entitled to dismissal under the Speedy Trial Act for delays that accrued between July 1, 1979, and August 2, 1979, if the sanctions were deferred before the issue was raised.
• Cannon v. Johnson
  638 F.2d 12· 4th Cir.· 1980-04-11 ·cited 2×
  The court held that the amended three-year statute of limitations, enacted before the suit was filed, applied retrospectively to the plaintiff's claim.
• Buchanan v. Fla. AIR Conditioners, Inc.
  374 So. 2d 1017· Fla. 4th DCA· 1979-07-25 ·cited 2×
  Individual defendants Buchanan and Howard appealed a judgment finding them personally liable for corporate debts under Florida Statutes Section 607.397, which imposes joint and several liability on persons who assume to act as a corporation without authority. The court reversed,
• Taylor v. Fla. Crimes Comp. Comm'n
  367 So. 2d 720· Fla. 3d DCA· 1979-02-20 ·cited 2×
  Appellants who were crime victims in 1977 sought compensation under Florida's newly enacted Crimes Compensation Act but were denied benefits because the Act's remedial provisions did not become effective until January 1, 1978. The Third District Court of Appeal affirmed the denia
• Connell v. OTT Research & Dev., Inc.
  363 So. 2d 163· Fla. 3d DCA· 1978-10-10 ·cited 2×
  In a subrogation action, the court reversed a trial court's denial of defendants' motion to dismiss for lack of personal jurisdiction, holding that Florida's long-arm statutes enacted in 1973 cannot be applied retroactively to causes of action that accrued before their effective
• Milburn Weatherington v. Moore
  577 F.2d 1073· 6th Cir.· 1978-06-06 ·cited 2×
  The dissenting judge argues that denying credit for satisfactory street time on parole constitutes resentencing by an administrative agency, violating separation of powers and constitutional rights.
• Stuppiello v. ITT Avionics Div. & ITT Def. Commc'ns Div.
  575 F.2d 430· 3d Cir.· 1978-04-03 ·cited 2×
  The court held that extending the eligibility period for early retirement under a prior discriminatory pension plan did not violate Title VII, as the disparity in benefits was based solely on pre-Title VII service.
• Thurston v. State
  355 So. 2d 1224· Fla. 1st DCA· 1978-02-23 ·cited 2×
  Thurston was found not guilty by reason of insanity for aggravated assault and aggravated battery and committed to the Department of Health and Rehabilitative Services. After a hearing examiner recommended his release, the committing court reconsidered and recommitted him. This a
• Rein v. Blanchard
  353 So. 2d 190· Fla. 1st DCA· 1977-12-20 ·cited 2×
• Lewis v. Creative Developers, Ltd.
  350 So. 2d 828· Fla. 1st DCA· 1977-10-17 ·cited 2×
  The court held that the interest penalty statute for documentary stamps cannot be applied retroactively to a transaction that occurred before the statute's enactment, absent clear legislative intent.
• Watson v. Secretary OF Health
  562 F.2d 386· 6th Cir.· 1977-09-14 ·cited 2×
  The court held that the Secretary's regulation limiting attorney's fees could not be applied retroactively to claims where a fee contract was entered into before the regulation's effective date, but affirmed the Secretary's authority to regulate fees for other claims.
• Reinhardt v. Schwab
  343 So. 2d 837· Fla.· 1977-03-10 ·cited 2×
• Franks v. Estelle
  543 F.2d 567· 5th Cir.· 1976-12-06 ·cited 2×
  The state's refusal to retroactively apply an amended sentencing credit statute and a new good time policy does not violate the U.S. Constitution's Equal Protection Clause.
• RAY Walker & Assocs. v. JAY Caponey, Inc.
  320 So. 2d 13· Fla. 4th DCA· 1975-10-10 ·cited 2×
  The court held that the statute providing for constructive service cannot be applied retroactively to causes of action that accrued prior to its effective date.
• Barney Buford Hunt v. State
  318 So. 2d 523· Fla. 1st DCA· 1975-09-10 ·cited 2×
  Barney Hunt was convicted of unlawful possession of a firearm by a convicted felon and sentenced to six years imprisonment. The appellate court reversed the sentencing order and directed the trial court to give Hunt credit for time previously spent in jail pending trial, based on
• Earley v. Louisville & Nashville R.R. Co.
  518 F.2d 55· 7th Cir.· 1975-06-13 ·cited 2×
  Subsequent statutory amendments shortening the limitations period apply to claims that have not yet expired, even if the cause of action accrued before the amendment.
• United States v. Hunter
  485 F.2d 1035· D.C. Cir.· 1973-08-27 ·cited 2×
  The court affirmed the conviction and vacated the sentence, remanding for consideration under the Narcotic Addict Rehabilitation Act.
• United States v. Mallow
  470 F.2d 967· 5th Cir.· 1972-12-18 ·cited 2×
  The court held that the savings clause in the Comprehensive Drug Abuse Prevention and Control Act of 1970 applies to violations occurring before its effective date, regardless of when the prosecution began.
• City OF Hope v. Levin
  266 So. 2d 59· Fla. 3d DCA· 1972-08-29 ·cited 2×
  The court held that the plaintiff's complaint did not sufficiently allege partial performance to overcome the statute of frauds defense for an oral agreement to make a bequest.
• Noriega-Arjona v. U. S. Bureau OF Prisons
  464 F.2d 561· 9th Cir.· 1972-07-14 ·cited 2×
  The court held that the defendant is not eligible for parole or resentencing under the Comprehensive Drug Act because he was sentenced before the Act's effective date.
• Lenny Paul Wells v. Pinnock
  463 F.2d 1176· 9th Cir.· 1972-06-29 ·cited 2×
  The court held that a state court's interpretation of state law, even if seemingly illogical, does not present a federal constitutional question.
• In re Fed. Shopping WAY, Inc. v. McQUAID
  457 F.2d 176· 9th Cir.· 1972-03-14 ·cited 2×
  Assignments of rents executed by a mortgagor to a mortgagee are invalid and unenforceable under Washington law as it existed prior to a 1969 statutory amendment, and a Chapter X bankruptcy court has exclusive jurisdiction over such rents.
• York v. Page
  433 F.2d 941· 10th Cir.· 1970-10-29 ·cited 2×
  The court held that the petitioner's due process rights were not violated by an unforeseeable construction of an Oklahoma criminal statute.
• United States v. Smith
  433 F.2d 341· 4th Cir.· 1970-10-20 ·cited 2×
  The court held that the repeal of a statute does not bar prosecution for offenses committed before the repeal, if a saving statute provides for continuing liability.
• Qualen v. United States
  425 F.2d 720· 9th Cir.· 1970-03-13 ·cited 2×
• Gelis v. State
  215 So. 2d 86· Fla. 2d DCA· 1968-10-30 ·cited 2×
  The court affirmed the denial of relief for Spivey but reversed and remanded for Gelis, finding a Bruton error that applied retroactively.
• Baltimore Contractors, Inc. v. The Renegotiation Bd.
  383 F.2d 690· 4th Cir.· 1967-09-13 ·cited 2×
  The Renegotiation Act of 1951 is a constitutional exercise of Congress's war powers, applicable even to construction contracts related to national defense, and the contractor's concession of renegotiability precludes a claim of lack of hearing.
• Sampson Constr. Co., Inc. v. Farmers Coop. Elevator Co.
  382 F.2d 645· 10th Cir.· 1967-08-08 ·cited 2×
  The court held that the implied warranty of fitness in a construction contract included a prospective warranty that the structure would last a reasonable time, and the cause of action for breach did not accrue until the defects became known upon collapse, thus the action was not
• Stith v. United States
  374 F.2d 309· D.C. Cir.· 1967-01-24 ·cited 2×
  The dissenting judge believes the confessions were involuntary and should have been excluded based on Fifth Amendment rights, arguing for the application of Miranda v. Arizona.
• Nance v. United States
  359 F.2d 273· D.C. Cir.· 1966-04-08 ·cited 2×
  There is no constitutional right to counsel at a preliminary examination that requires retrospective application via collateral attack on a final judgment.
• Florentine v. Church OF OUR Lady OF MT. Carmel
  340 F.2d 239· 2d Cir.· 1965-01-13 ·cited 2×
  The court held that it was error to charge the jury that violation of a New York City ordinance requiring artificial lighting of stairways could be evidence of negligence, absent proof that the building was constructed after the ordinance's effective date.
• Standard Lumber Co. v. Commissioner OF Internal Revenue
  299 F.2d 382· 9th Cir.· 1962-01-26 ·cited 2×
  The court held that the petitioner did not own sufficient stock to qualify for filing a consolidated tax return.
• Ella Shure Cahen Tr. v. United States
  292 F.2d 33· 7th Cir.· 1961-07-19 ·cited 2×
  Premiums paid by a trust whose income was taxable to the decedent are considered indirectly paid by the decedent for estate tax purposes, and the proportionate share of life insurance proceeds is includible in the gross estate.
• Clews v. Stiles
  303 F.2d 290· 10th Cir.· 1960-10-28 ·cited 2×
  The court held that the New Mexico statute providing for substituted service on non-residents applies retroactively, allowing service of process in this case.
• Huffman v. Farros
  275 F.2d 350· 9th Cir.· 1960-02-08 ·cited 2×
  The court held that the trustee in bankruptcy cannot claim title to the liquor license because it was subject to a constructive trust in favor of the claimant, who was entitled to its retransfer.