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

• Coastal Petroleum Co. & Almería T. Cottingham v. Lawton Chiles
  672 So. 2d 571· Fla. 1st DCA· 1996-04-04 ·cited 2×
  Coastal Petroleum Company challenged the Board of Trustees' requirement that it post a $1.9 billion surety bond as a condition for drilling oil and gas on state lands under a 1940s lease. The court held that retroactively applying a 1969 statute to impose a substantial new condit
• Kison Evans v. State
  672 So. 2d 554· Fla. 5th DCA· 1996-03-15 ·cited 2×·via Retroactivity Of Statutory Amendments
  Evans, sentenced as an adult while a minor, appealed the denial of his Rule 3.850 post-conviction motion claiming the trial court failed to enter written findings as required by statute before imposing adult sanctions. The court held that the allegation was legally sufficient and
• Casa DEL MAR and Kemper v. Schneider
  682 So. 2d 146· Fla. 1st DCA· 1996-01-19 ·cited 2×
  The court held that the amended statute regarding independent medical examinations did not apply retroactively to the claimant's injury, but affirmed the award of alternative care because the record supported its reasonableness and necessity.
• Smith v. Singletary
  666 So. 2d 986· Fla. 4th DCA· 1996-01-17 ·cited 2×
  Glenn Smith sought habeas corpus relief claiming ineffective assistance of appellate counsel on multiple grounds. The court found that Smith's sentencing scoresheet erroneously included 20 points for victim injury when the victim was not physically injured, requiring reversal and
• Majors v. State
  658 So. 2d 1234· Fla. 1st DCA· 1995-08-17 ·cited 2×
• Clark v. State
  656 So. 2d 252· Fla. 4th DCA· 1995-06-14 ·cited 2×
  The court reverses and remands Sharon Clark's sentence for reconsideration of gain-time credits upon revocation of community control. The case turns on whether the post-1989 statute allowing forfeiture of gain-time applies to Clark's original offense committed in 1984, and whethe
• Eudilia Gonzalez v. Publix & ITT Specialty Risk Servs.
  654 So. 2d 634· Fla. 1st DCA· 1995-05-05 ·cited 2×
  Gonzalez sought appellate review of a non-final order denying her request for an Independent Medical Examination in a workers' compensation case. The court dismissed the appeal for lack of jurisdiction, holding that the pre-1994 workers' compensation law applied to her February 1
• Herring v. Singletary
  879 F. Supp. 1180· N.D. Fla.· 1995-03-10 ·cited 2×·via Retroactive Legislation
  Herring, a Florida inmate convicted of second-degree murder, challenged the forfeiture of 1,540 days of provisional credits that had been awarded under Fla. Stat. § 944.277 (1988) but retroactively cancelled by Fla. Stat. § 944.278 (1993). The district court held that the retroac
• Curt Allman v. State
  642 So. 2d 1203· Fla. 4th DCA· 1994-10-05 ·cited 2×
  Curt Allman appeals his conviction for violation of probation stemming from a guilty plea to solicitation to deliver cocaine in a reverse sting operation. The court reverses, holding that police manufacture of crack cocaine in the sting operation violated due process and invalida
• Ribas v. State
  641 So. 2d 492· Fla. 2d DCA· 1994-08-19 ·cited 2×
  The court held that the trial court improperly scored victim injury points for contact without penetration, requiring resentencing within the original guidelines range.
• Caprio v. Am. Airlines, Inc.
  848 F. Supp. 1528· M.D. Fla.· 1994-03-25 ·cited 2×
  The court granted summary judgment for the defendant on claims under the Civil Rights Act of 1991, dismissed a defendant for failure to serve, and granted partial summary judgment on state tort claims due to the statute of limitations.
• State v. Tremmel
  634 So. 2d 742· Fla. 2d DCA· 1994-03-25 ·cited 2×
  Florida's Department of Highway Safety and Motor Vehicles appeals a mandamus order requiring it to treat a four-time DUI offender as having a ten-year revocation rather than a permanent revocation. The court reverses, holding that under the statute as it existed in 1983, the perm
• Dominguez v. State
  630 So. 2d 1236· Fla. 2d DCA· 1994-01-28 ·cited 2×
  The court held that the appellant is entitled to credit for gain-time earned on the incarcerative portion of his split sentence.
• Parkway Gen. Hosp. & Alexsis Risk Mgmt. v. Thomasina E. Ogletree
  629 So. 2d 989· Fla. 1st DCA· 1993-12-28 ·cited 2×
  Parkway General Hospital and its insurance carrier appealed a workers' compensation order awarding medical benefits to an employee for a 1979 back injury. The court affirmed, holding that the statute of limitations defense was waived by the carrier's failure to raise it at the fi
• Pac. Mut. Life Ins. Co. v. First Republicbank Corp.
  997 F.2d 39· 5th Cir.· 1993-07-20 ·cited 2×
  The court held that Section 27A(b) of the Securities Exchange Act is constitutional, as it does not violate due process by disturbing final judgments or invading judicial authority. Congress has the power to retroactively alter limitations periods for civil claims.
• Concordia Coll. Corp. v. W.R. Grace & Co.
  999 F.2d 326· 8th Cir.· 1993-07-14 ·cited 2×
  The court held that the plaintiff's asbestos abatement cost recovery action was barred by the statute of repose and was not revived by the asbestos revival statute because it was not timely begun. The court also held that class action tolling did not apply to the revival statute.
• Jerrold S. Flemming v. Or. Bd. OF Parole
  998 F.2d 721· 9th Cir.· 1993-07-12 ·cited 2×
  The retroactive application of an amended parole regulation that limits potential sentence reductions violates the Ex Post Facto Clause of the U.S. Constitution.
• Postema v. Nat'l League OF Prof'l Baseball Clubs
  998 F.2d 60· 2d Cir.· 1993-06-25 ·cited 2×
  The court held that the jury trial and compensatory/punitive damages provisions of the Civil Rights Act of 1991 are not retroactive.
• Romeo G. Wisdom v. Intrepid Sea-Air Space Museum
  993 F.2d 5· 2d Cir.· 1993-05-03 ·cited 2×
  The Second Circuit held that the Civil Rights Act of 1991 does not apply retroactively to cases pending at the time of its enactment.
• Johnson v. Singletary
  618 So. 2d 731· Fla.· 1993-04-30 ·cited 2×
• City OF N. BAY Vill. & Ins. Servicing & Adjusting Co. v. Cook
  617 So. 2d 753· Fla. 1st DCA· 1993-04-16 ·cited 2×
  This case addresses whether state supplemental workers' compensation benefits must be included when calculating the cap on offset benefits under the Barragan rule. The court held that supplemental benefits constitute compensation and must be included in the average monthly wage c
• Brabant v. State
  616 So. 2d 1151· Fla. 2d DCA· 1993-04-14 ·cited 2×
  The court held that the Karchesky issue may be raised in cases with a fundamentally flawed Category 2 scoresheet, and the legislative amendment clarifying victim injury scoring cannot be applied retroactively.
• Nestor Omar Barreiro v. Immigr. & Naturalization Serv.
  989 F.2d 62· 1st Cir.· 1993-03-31 ·cited 2×·via Retroactivity Of Statutory Amendments
  The court held that the amendment barring waivers for aggravated felonies applies retroactively to petitioner's conviction, even though most of his sentence was served before the amendment's enactment.
• Sasser v. The Adm'r
  990 F.2d 127· 4th Cir.· 1993-03-24 ·cited 2×
  The court held that the EPA Administrator had subject matter jurisdiction to assess Class II penalties for continuing violations of the Clean Water Act, and that the Seventh Amendment does not entitle a party to a jury trial in such administrative proceedings.
• Perkins v. Drywall
  615 So. 2d 187· Fla. 1st DCA· 1993-03-02 ·cited 2×
  The court reversed a Judge of Compensation Claims' decision denying workers' compensation coverage to Darrell Perkins based on his father's material misrepresentation that Perkins was a partner in the drywall business. The court held that Chapter 440 (Florida's workers' compensat
• Irvine v. United States
  981 F.2d 991· 8th Cir.· 1992-12-28 ·cited 2×
  The court held that the 1958 version of Treas.Reg. § 25.2511-1(c) did not apply to the disclaimer of an interest created by an inter vivos trust, and thus the disclaimer was not a taxable gift.
• Walter N. Vance, III, Inc. v. Freeman
  610 So. 2d 98· Fla. 1st DCA· 1992-12-16 ·cited 2×
  Vance appeals the denial of attorney's fees under section 713.29, Florida Statutes, for legal work performed in arbitration proceedings following a construction dispute. The court affirmed, holding that section 713.29 allows attorney's fees only when a party prevails in a judicia
• Walsche v. First Invs. Corp.
  981 F.2d 649· 2d Cir.· 1992-12-14 ·cited 2×
  The court held that the one-year/three-year limitations period announced in Ceres applies prospectively to all federal securities claims filed after the date of that decision, rendering the Walsches' claims time-barred. The court also vacated the dismissal of state-based diversit
• Gonsalves v. Flynn
  981 F.2d 45· 1st Cir.· 1992-12-11 ·cited 2×
  The court held that the plaintiff's claims were time-barred because the amended Massachusetts tolling statute, which removed imprisonment as a condition for tolling the statute of limitations, applied to his suit filed after the amendment's effective date.
• Cyntha J. Resare v. Raytheon Co.
  981 F.2d 32· 1st Cir.· 1992-12-10 ·cited 2×
  The court held that the plaintiff presented sufficient evidence of sex discrimination under both mixed-motive and pretext theories to allow her claims to proceed to a jury, and that a recent amendment to the FEPA applied retroactively. The court also found that the exclusion of c
• Lorey Ann Davis v. Tri-State Mack Distribs., Inc.
  981 F.2d 340· 8th Cir.· 1992-12-08 ·cited 2×
  The court held that the employer was liable for sexual harassment and retaliation under Title VII and for outrageous conduct under state law, but erred in retroactively applying the Civil Rights Act of 1991 to award expert witness fees.
• Fla. Elks Child's. Hosp. v. Stanley
  610 So. 2d 538· Fla. 5th DCA· 1992-12-04 ·cited 2×·via Retrospective Application
  The Florida Elks Children's Hospital appeals the trial court's dismissal of its objection to the revocation of a testamentary bequest by the testator's children under section 732.803, a mortmain statute. The court holds that Zrillic's declaration of the statute unconstitutional i
• City OF Miami v. Harrison
  608 So. 2d 577· Fla. 1st DCA· 1992-11-24 ·cited 2×
• Liquilux GAS Corp. v. Martin GAS Sales
  979 F.2d 887· 1st Cir.· 1992-11-17 ·cited 2×
  The court held that the 1986 amendment to Puerto Rico's Public Service Commission enabling statute was a clarification, not an alteration, of existing law, making Martin Gas Sales subject to the Commission's exclusive jurisdiction from the outset.
• United States v. Rumney
  979 F.2d 265· 1st Cir.· 1992-11-13 ·cited 2×
  The court held that the petitioner's conviction and sentence under the prior version of the felon-in-possession statute were valid, and the subsequent amendment to the definition of 'conviction' did not apply retroactively to his case.
• Rose v. Franchetti
  979 F.2d 81· 7th Cir.· 1992-10-21 ·cited 2×
  The court affirmed the district court's exercise of personal jurisdiction over the defendant and its entry of default judgment, finding that the defendant's actions and the amended Illinois long-arm statute supported jurisdiction, and that the defendant's conduct warranted sancti
• Charlesworth R. Martin v. Thomas
  973 F.2d 449· 5th Cir.· 1992-09-30 ·cited 2×
  The court held that the jury's findings of excessive force and arrest without due process were supported by sufficient evidence and proper jury instructions. It reversed the malicious prosecution verdict against two defendants due to insufficient evidence but affirmed it against
• Irving Indep. Sch. Dist. v. Packard Props.
  970 F.2d 58· 5th Cir.· 1992-09-01 ·cited 2×
  Pre-existing liens securing ad valorem taxes, penalties, and interest remain enforceable against property acquired by the FDIC, but the FDIC is not liable for those penalties and interest charges.
• Wilson v. Belmont Homes, Inc.
  970 F.2d 53· 5th Cir.· 1992-08-28 ·cited 2×
  The Seventh Amendment does not guarantee a jury trial for Title VII claims, and the Civil Rights Act of 1991 does not apply retroactively to cases tried before its enactment.
• O.R.S. Distilling Co. v. Brown-Forman Corp.
  972 F.2d 924· 8th Cir.· 1992-08-13 ·cited 2×
  The court held that changes to a franchise agreement, where parties anticipate product line shifts and the overall relationship continues, do not constitute a substantial amendment triggering retroactive application of a statute protecting wholesalers from termination without goo
• Nilio v. State
  601 So. 2d 646· Fla. 4th DCA· 1992-07-29 ·cited 2×
  Michael Nilio appealed the denial of post-conviction relief, challenging the legality of multiple sentences and seeking to vacate his guilty plea based on ineffective assistance of counsel. The appellate court reversed and remanded, finding that several sentences constituted impr
• In re Branson Mall, Inc. v. Ozark Mountain Country Mall, Inc.
  970 F.2d 456· 8th Cir.· 1992-07-17 ·cited 2×
  A corporation must be registered to practice architecture in Missouri at the time it performs architectural services to enforce a statutory lien or contract claim under Missouri law. Subsequent registration does not validate prior unregistered work.
• Ins. Co. OF N. Am. v. U.S. Dept. OF Labor
  969 F.2d 1400· 2d Cir.· 1992-07-16 ·cited 2×
  The court held that the 1972 amendments to the Longshore and Harbor Workers' Compensation Act (LHWCA) should not be applied retroactively to create new liability for an employer based on an employee's injury that occurred before the amendments.
• United States v. Vinay Sood
  969 F.2d 774· 9th Cir.· 1992-07-02 ·cited 2×
  The court held that collateral relief is warranted when an intervening decision establishes that the defendant's conduct was not criminal under the statute for which they were convicted.
• Sussman v. Salem, Saxon & Nielsen, PA
  792 F. Supp. 1278· M.D. Fla.· 1992-05-29 ·cited 2×
  The court held that the Civil Rights Act of 1991 applies retroactively to pending cases, allowing for compensatory and punitive damages and a jury trial, as it is remedial and does not impose manifest injustice.
• United States v. Rodriguez-Razo
  962 F.2d 1418· 9th Cir.· 1992-05-06 ·cited 2×
  The court held that the district court erred in applying an obstruction of justice enhancement based on statements made during presentence interviews where the defendant was denied meaningful assistance of counsel, and this error was not harmless.
• Haugen v. Total Petroleum, Inc.
  960 F.2d 762· 8th Cir.· 1992-04-06 ·cited 2×
  The court reversed and remanded the case for reconsideration of the statute of limitations in light of a subsequent state court decision.
• Pensacola Concrete Constr. Co., Inc. v. Commercial Coatings of Nw. Fla., Inc.
  595 So. 2d 145· Fla. 1st DCA· 1992-02-19 ·cited 2×
  Pensacola Concrete seeks indemnity from Commercial Coatings for a judgment it paid to an injured employee after a crane accident, arguing that a subsequent supreme court decision (Halifax Paving) should not be applied retroactively to deprive it of indemnity rights that existed w
• In re Fingado v. Sunwest Bank
  955 F.2d 31· 10th Cir.· 1992-01-28 ·cited 2×
  The court certified a question to the New Mexico Supreme Court regarding the retroactive application of 1984 amendments to § 40-3-8 N.M.S.A.1978.
• State OF Mich. (90-1902) v. The City OF Allen Park
  954 F.2d 1201· 6th Cir.· 1992-01-27 ·cited 2×
  The court held that the district court exceeded its authority by ordering the EPA and MDNR to fund Allen Park's Sewer System Evaluation Survey (SSES), as the SSES was not part of the original grant projects and the 1981 amendments prohibited funding for such projects.