Retroactive Application Of Statutes

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

• Barber v. Rietmann
  248 F.2d 118· 9th Cir.· 1957-09-13 ·cited 2×
  The Savings Clause of the 1952 Immigration and Nationality Act does not preserve a right to re-enter the United States for an alien who was previously debarred from citizenship, as the Act specifically provides for the exclusion of such aliens.
• Heikkila v. Barber
  216 F.2d 407· 9th Cir.· 1954-10-13 ·cited 2×
  The court held that a prior Supreme Court decision affirming dismissal of an alien's deportation order review was res judicata, barring a second suit seeking the same relief.
• Holden v. Patterson et ux.
  64 So. 2d 772· Fla.· 1953-04-21 ·cited 2×
  A judgment creditor sought to foreclose a judgment lien against property owned by the heirs of a deceased judgment debtor, but the Florida Supreme Court held that the judgment creditor was required to file her claim against the decedent's estate within statutory time limits rathe
• Warner & Swasey Co. v. War Contracts Price Adjustment Bd.
  201 F.2d 201· D.C. Cir.· 1952-11-20 ·cited 2×
  The court held that prior decisions regarding the applicability of the Renegotiation Act to contracts with the Defense Plant Corporation are controlling and will not be reconsidered.
• Gold Seal Co. v. Marzall
  190 F.2d 290· D.C. Cir.· 1951-05-03 ·cited 2×
  The court held that Section 21 of the Lanham Act does not apply to trademark applications filed before its effective date, allowing the applicant to sue the Commissioner alone.
• Quincy v. Tex. Co.
  185 F.2d 139· 10th Cir.· 1950-11-08 ·cited 2×
  The Court held that the Act of January 27, 1933, does not retroactively reimpose restrictions and tax exemptions on inherited Indian lands where such restrictions had already terminated prior to the Act's effective date.
• Hall v. Scarlett
  181 F.2d 277· D.C. Cir.· 1950-02-13 ·cited 2×
  The 1937 District of Columbia adoption statute did not affect the inheritance rights of an individual adopted prior to its enactment.
• Perry v. United States
  170 F.2d 844· 6th Cir.· 1948-11-22 ·cited 2×
  The court held that the Federal Tort Claims Act does not grant jurisdiction for claims accruing before January 1, 1945, regardless of the plaintiff's minority status.
• Standard Acc. Ins. Co. v. Miller
  170 F.2d 495· 7th Cir.· 1948-11-05 ·cited 2×
  The court held that the 1945 amendment to Indiana's Workmen's Compensation Act, which provided a one-year statute of limitations from the date of award acceptance for employer subrogation claims, should be applied retrospectively to an accident that occurred before the amendment'
• Gartner v. United States
  166 F.2d 728· 9th Cir.· 1948-03-18 ·cited 2×
  The court held that the United States could not recover the costs of care for an insane patient from his estate because Congress had not enacted legislation requiring such reimbursement during the period in question.
• Minimum Wage Bd. of Puerto RICO v. Luce & Co.
  155 F.2d 983· 1st Cir.· 1946-05-22 ·cited 2×
  The court held that the Minimum Wage Act amendment, as a matter of statutory construction, did not apply retroactively to contracts for services entered into and executed before its effective date.
• Petit Anse Co. v. Commissioner of Internal Revenue
  155 F.2d 797· 5th Cir.· 1946-05-09 ·cited 2×
  Payments under debentures were dividends, not deductible interest, and depletion allowances revised due to new estimates apply only prospectively, not retroactively.
• In re 188 Randolph BLDG. Corp.
  151 F.2d 357· 7th Cir.· 1945-10-01 ·cited 2×
  An attorney who sells securities of the debtor during a Chapter X reorganization proceeding, even if acquired before the proceeding, is barred from compensation under Section 249 of the Bankruptcy Act.
• Commissioner of Internal Revenue v. Callahan Realty Corp.
  143 F.2d 214· 2d Cir.· 1944-06-08 ·cited 2×
  The court held that the Treasury regulation, which interpreted 'sale' to include 'exchange' for personal holding company surtax purposes, was an invalid broadening of the original statute.
• Buscaglia v. Bowie
  139 F.2d 294· 1st Cir.· 1943-12-17 ·cited 2×
  The court held that the tax under Act No. 267 applies only to molasses sold within Puerto Rico, not to molasses produced there before the Act's effective date but sold elsewhere. The tax under Act No. 254 was properly levied.
• Kan. City S. Ry. Co. v. McDANIEL
  131 F.2d 89· 8th Cir.· 1942-10-28 ·cited 2×
  The court held that a stack of poles can constitute an attractive nuisance as a matter of law and that a covenant not to sue one joint tortfeasor does not release others under Arkansas law.
• Gillis v. Curd
  117 F.2d 705· 6th Cir.· 1941-02-10 ·cited 2×
  The court held that the appellee acquired title to the land through adverse possession, and that the 1934 amendment to Kentucky's statute of limitations, removing coverture as a disability, applied retroactively.
• Bell v. State
  421 So. 3d 399· Fla.· 2025-07-08 ·cited 1×
  Michael Bernard Bell, convicted of two first-degree murders in 1993 and sentenced to death, appealed the denial of his successive motion for postconviction relief, which raised claims of newly discovered evidence in the form of Brady and Giglio violations based on alleged witness
• Smith v. Universal Prop. & Cas. Ins. Co.
  49 Fla. L. Weekly D1850· Fla. 5th DCA· 2024-11-08 ·cited 1×
  The Smiths purchased a property insurance policy that expired in June 2021 and filed a claim for November 2000 damage in April 2022. Universal moved for summary judgment based on section 627.70152, a pre-suit notice statute enacted in July 2021, arguing it applied retroactively t
• Fabio Nicholas Nugent v. State
  338 So. 3d 459· Fla. 2d DCA· 2022-05-11 ·cited 1×
  The appellate court affirmed the denial of a motion for postconviction relief filed by Fabio Nicholas Nugent, a juvenile offender. Nugent argued his sentences for murder and robbery were illegal and sought resentencing and judicial review, but the court found his sentences were n
• Vernal Robinson v. In re Est. of John E. Robinson
  298 So. 3d 1202· Fla. 3d DCA· 2020-02-12 ·cited 1×
  The appellate court reversed a probate court's decision to allow a paternity determination via DNA testing, finding the claim was time-barred by the statute of limitations. The court held that a 2009 amendment to the statute, which removed the limitations period for paternity in
• Washington v. State
  44 Fla. L. Weekly D187· Fla. 1st DCA· 2019-07-15 ·cited 1×
  Darnell Perkins Washington was convicted of aggravated assault with a firearm after a trial court denied his Stand-Your-Ground immunity claim under the original burden of proof standard. Washington appealed, arguing he was entitled to a new immunity hearing under the 2017 amendme
• Wendall Hall v. Captain Bush
  268 So. 3d 829· Fla. 2d DCA· 2019-02-20 ·cited 1×
  An order setting aside a clerk's default is not an appealable non-final order and is generally not reviewable by certiorari absent extraordinary circumstances.
• Tynes v. State
  262 So. 3d 851· Fla. 1st DCA· 2018-12-28 ·cited 1×
  Antoinette Tynes sought immunity under Florida's Stand Your Ground law after being charged with attempted first-degree murder for stabbing her boyfriend. The trial court denied her immunity motion using the pre-2017 burden of proof standard. The court granted her petition for wri
• Foster v. State
  260 So. 3d 174· Fla.· 2018-12-28 ·cited 1×
  Foster appeals denial of a successive motion to vacate death sentences, raising claims based on intellectual disability under Hall v. Florida and sentencing issues under Hurst v. Florida. The Florida Supreme Court reversed the summary denial of Foster's intellectual disability cl
• State v. Pascal Estime
  259 So. 3d 884· Fla. 4th DCA· 2018-12-19 ·cited 1×
  The State appealed a trial court's dismissal of sexual battery charges against Pascal Estime based on expiration of the statute of limitations. The central dispute was whether Florida's statute of limitations extension for DNA-identified offenders applied when the victim had prev
• Jackson v. State
  256 So. 3d 975· Fla. 1st DCA· 2018-10-16 ·cited 1×
  Section 782.04(1), Florida Statutes (2016) does not apply retroactively to an arraignment that occurred prior to the amendment.
• Holiday Isle Improvement Ass'n, Inc. v. Destin Parcel 160, LLC
  257 So. 3d 582· Fla. 1st DCA· 2018-10-15 ·cited 1×
  An HOA association appealed an award of attorney's fees and costs to a developer in a declaratory judgment action arising from alleged violations of protective covenants. The court held that the developer, as the prevailing party, was entitled to recover attorney's fees and costs
• Dixon v. Dixon Bellamy
  252 So. 3d 349· Fla. 3d DCA· 2018-07-25 ·cited 1×
  A claim to establish paternity for purposes of intestate succession is barred by the four-year statute of limitations under section 95.11, Florida Statutes, which expires four years after reaching the age of majority. The 2009 amendment to section 732.108(2)(b) that eliminated th
• Roberts v. State
  239 So. 3d 1289· Fla. 2d DCA· 2018-04-04 ·cited 1×
  A sexual predator designation under Florida law cannot be imposed for offenses committed prior to October 1, 1993.
• Anderson v. State
  232 So. 3d 1056· Fla. 1st DCA· 2017-08-28 ·cited 1×
• Wilkinson v. State
  212 So. 3d 500· Fla. 3d DCA· 2017-03-01 ·cited 1×
  Reginald Wilkinson, sentenced to mandatory life imprisonment at age sixteen for first-degree murder in 1994, challenged his sentence as unconstitutional under Miller v. Alabama. The court reversed the mandatory life sentence and remanded for resentencing under Florida's new juven
• McCLOSKEY v. Dep't OF Fin. Servs.
  172 So. 3d 973· Fla. 5th DCA· 2015-08-21 ·cited 1×
  William McCloskey, a small business insurance agent, prevailed in an administrative appeal after the court found he did not violate securities laws by selling viatical settlement agreements. On appeal of the denial of attorney's fees under Florida's Equal Access to Justice Act, t
• Perez-Riva v. State
  152 So. 3d 98· Fla. 2d DCA· 2014-11-26 ·cited 1×
  Eduardo Perez-Riva appeals the summary denial of his rule 3.850 postconviction motion alleging ineffective assistance of counsel. The court reversed and remanded on three claims: failure to challenge the search warrant's validity and move to suppress evidence based on the illegal
• CVS EGL Fruitville Sarasota FL, LLC v. Todora
  124 So. 3d 289· Fla. 2d DCA· 2013-09-18 ·cited 1×
  CVS challenged ad valorem tax assessments of its properties, arguing the trial court erroneously applied the abrogated "any-reasonable-hypothesis" standard instead of the statutory framework in section 194.301. The court reversed, holding that the legislature expressly rejected t
• Green v. State
  111 So. 3d 248· Fla. 1st DCA· 2013-04-11 ·cited 1×
  The appellate court reversed a trial court's decision to sentence a defendant as a Sexual Predator. The defendant argued the offenses occurred before the act's effective date, and the state conceded the trial court failed to provide sufficient record evidence to refute this claim
• Rosanna Snider v. Mumford, Inc.
  65 So. 3d 579· Fla. 1st DCA· 2011-07-07 ·cited 1×
  In this workers' compensation appeal, the court addressed whether a 2003 statutory amendment creating an Expert Medical Advisor (EMA) procedure applies retroactively to a 1982 workplace accident. The court held that section 440.13(9) effects a substantive change in the parties' r
• Tahiti Beach Homeowners Ass'n, Inc. v. Pfeffer
  52 So. 3d 808· Fla. 3d DCA· 2011-01-05 ·cited 1×
  The Third District Court of Appeal affirmed a summary judgment in favor of homeowners Pfeffer against Tahiti Beach Homeowners Association's foreclosure action on a $285,000 fine. The court held that Florida Statute § 720.305(2), enacted in 1995 and governing the imposition of fin
• Sims v. State
  36 So. 3d 897· Fla. 4th DCA· 2010-06-09 ·cited 1×
  DUI manslaughter conviction affirmed, but mandatory minimum sentence vacated because the sentencing statute in effect at the time of the offense did not impose a mandatory minimum, only the statute in effect at sentencing did.
• Jeremias Antunez v. Whitfield
  980 So. 2d 1175· Fla. 4th DCA· 2008-04-16 ·cited 1×
  Taxable costs must be included as part of the judgment when determining whether a party received a more favorable award at trial de novo than in non-binding arbitration for the purpose of awarding attorney's fees under the pre-amendment version of section 44.103(6), Florida Statu
• Therrien v. State
  914 So. 2d 942· Fla.· 2005-10-27 ·cited 1×
  The Florida Supreme Court held that a trial court lacks jurisdiction to retroactively designate a defendant as a sexual predator based on offenses that did not qualify for sexual predator status under the law in effect at the time of sentencing, even if later legislative amendmen
• Wells v. State
  908 So. 2d 1124· Fla. 3d DCA· 2005-08-03 ·cited 1×
  David James Wells petitions for a writ of error coram nobis seeking to revisit a prior evidentiary ruling in his conviction in light of a subsequent Florida Supreme Court decision that disapproved of that ruling. The court denies the petition as procedurally barred and untimely,
• Terry v. State
  892 So. 2d 1132· Fla. 1st DCA· 2004-12-30 ·cited 1×
• Mickey A. Palmieri v. State
  872 So. 2d 340· Fla. 2d DCA· 2004-04-16 ·cited 1×
  This case concerns whether a defendant could challenge his sentence under a prior ruling that found a sentencing act unconstitutional. The appellate court affirmed the denial of the challenge, finding the defendant's sentence was not subject to the prior ruling.
• Jones v. State
  862 So. 2d 63· Fla. 2d DCA· 2003-11-05 ·cited 1×
  Florida appellate court reversed a three-year minimum mandatory sentence for cocaine trafficking because the sentencing statute was unconstitutional under the single subject requirement and could not be retroactively applied to offenses committed during the "Taylor window."
• City OF Hollywood v. Nickerson
  830 So. 2d 917· Fla. 4th DCA· 2002-11-20 ·cited 1×
• Kolfenbach v. Mansour
  36 F. Supp. 2d 1351· S.D. Fla.· 1999-02-08 ·cited 1×
  The court held that applying the 1995 Reform Act's bar on securities fraud-based civil RICO claims to a complaint filed after the Act's effective date does not constitute an impermissible retroactive application.
• United States v. Certain Real Prop.
  998 F. Supp. 1438· S.D. Fla.· 1998-02-20 ·cited 1×
  The government is responsible for lost rents, profits, and damages for loss of use and enjoyment during an illegal seizure, and must compensate innocent lienholders for unpaid principal, interest, and fees.
• Chabert v. Jacques Jean Yves BACQUIÉ
  694 So. 2d 805· Fla. 4th DCA· 1997-05-14 ·cited 1×
  This case addresses the recognition of a French judgment in Florida courts under the newly enacted Florida Uniform Out-of-Country Foreign Money-Judgment Recognition Act. The court held that the French judgment was properly recognized, rejecting the defendant's arguments based on
• Cridland v. Singletary
  695 So. 2d 794· Fla. 1st DCA· 1997-05-02 ·cited 1×
  Florida appellate court reversed denial of habeas corpus/mandamus petition, holding that retroactive application of a statute disqualifying prisoner from provisional credits violates ex post facto protections under Lynce v. Mathis.