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

• In re Florida Rules OF Criminal Procedure
  503 So. 2d 320· Fla.· 1987-02-05 ·cited 2×
  The Florida Supreme Court adopted Rule 3.851 to establish a more orderly procedure for postconviction and collateral relief petitions filed after death warrants are signed. The rule requires all such motions and petitions be filed within thirty days of warrant signing (when the e
• Smith v. Dep't of Bus. Reg.
  504 So. 2d 1285· Fla. 1st DCA· 1986-12-31 ·cited 2×
  Steven K. Smith challenged a Department of Business Regulation order imposing a $5,000 civil penalty and requiring him to honor time-share purchasers' rights and assume seller obligations. The court affirmed, holding that Smith, as a third-party transferee who received an assignm
• Fitte v. State
  499 So. 2d 28· Fla. 2d DCA· 1986-12-17 ·cited 2×
  The court held that applying the 1985 statute imposing additional court costs to crimes committed in 1984 violates the ex post facto provisions of the U.S. and Florida Constitutions.
• Murphy v. Sowders
  801 F.2d 205· 6th Cir.· 1986-09-12 ·cited 2×
  The court held that the retroactive repeal of a rule requiring corroboration of accomplice testimony, when applied to a defendant whose crime occurred before the repeal, violates the Ex Post Facto Clause of the U.S. Constitution.
• Brown v. State
  487 So. 2d 392· Fla. 1st DCA· 1986-04-23 ·cited 2×
  James Carl Brown appealed his conviction and sentence for burglary with intent to commit sexual battery, kidnapping with intent to commit sexual battery, and sexual battery while armed. He challenged the trial court's application of amended sentencing guidelines effective after h
• Olive S. McEACHERN v. Off. OF Pers. Mgmt.
  776 F.2d 1539· Fed. Cir.· 1985-11-15 ·cited 2×
  The court held that the Merit Systems Protection Board did not commit legal or procedural errors in denying the petitioner's disability retirement application, and affirmed the Board's decision.
• City OF Panama City v. Fla. Dep't OF Transp.
  477 So. 2d 646· Fla. 1st DCA· 1985-10-18 ·cited 2×·via Retroactivity Of Statutory Amendments
  The City of Panama City appealed an order denying its motion to dismiss or change venue in a wrongful death action. The circuit court transferred the case to Leon County (where the Department of Transportation's principal headquarters is located) pursuant to the state's governmen
• State v. Moorman
  475 So. 2d 312· Fla. 2d DCA· 1985-09-18 ·cited 2×
  Florida appealed the dismissal of a perjury indictment against Moorman, who testified falsely before a grand jury. The court affirmed the dismissal because section 914.04's immunity provision foreclosed prosecution for perjury based on testimony given pursuant to a subpoena, thou
• Equal Emp. Opportunity Comm'n v. Westinghouse Elec. Corp.
  765 F.2d 389· 3d Cir.· 1985-06-20 ·cited 2×·via Retroactive Legislation
  Congress may ratify retroactively the institution of a lawsuit by the EEOC to enforce the Equal Pay Act, and such ratification cures defects in the EEOC's authority to sue.
• Lewis v. Heckler
  752 F.2d 555· 11th Cir.· 1985-02-04 ·cited 2×
  The court affirmed the district court's denial of class certification and affirmation of the Secretary's denial of child's insurance benefits.
• Eldred Horne v. Alter Sales & Am. Mut. Ins. Co. of Boston
  461 So. 2d 244· Fla. 1st DCA· 1984-12-21 ·cited 2×
  A claimant seeking wage-loss benefits under Section 440.15(3)(b), Florida Statutes, must demonstrate a causal connection between the loss of employment and the industrial accident; the adequacy of a job search becomes relevant only after establishing this initial burden. Here, th
• N. Am. Coal Corp. v. Ida Campbell (Widow of Lawrence Campbell)
  748 F.2d 1124· 6th Cir.· 1984-11-27 ·cited 2×
  The court held that the administrative law judge's finding of partial disability was supported by substantial evidence and that the Black Lung Benefits Act's presumption provision is constitutional and applicable to the claim.
• In re Caro Prods., Inc. v. H. Hirschfield & Sons, Inc.
  746 F.2d 349· 6th Cir.· 1984-10-19 ·cited 2×
  The court held that the Bankruptcy Reform Act of 1978, specifically 11 U.S.C. § 547(b), applies to transfers made during the 'gap period' (after enactment but before the effective date) if the bankruptcy petition was filed after the effective date. Such application does not raise
• Brown v. The M.W. Kellogg Co.
  743 F.2d 265· 5th Cir.· 1984-10-04 ·cited 2×
  The court held that the Texas architectural/engineer statute of ultimate repose (Tex.Rev.Stat.Ann. art. 5536a) applies to claims for latent diseases and corporate defendants, and is not unconstitutional special legislation.
• Rath v. United States
  733 F.2d 594· 8th Cir.· 1984-05-09 ·cited 2×
  The court held that the estate was not entitled to a refund because it failed to make a timely election for special use valuation, a requirement for retroactive application of certain ERTA amendments.
• Dade Cnty. Sch. Bd. & Leonard Britton v. The Miami Herald Publ'g Co.
  443 So. 2d 268· Fla. 3d DCA· 1983-12-20 ·cited 2×
  The Dade County School Board appealed a mandamus order requiring disclosure of deceased teacher Carl Brown's personnel file to the Miami Herald. The court affirmed, holding that personnel files are public records subject to disclosure under Florida's public records law and that t
• Brookins v. Sargent Indus., Inc.
  717 F.2d 1201· 8th Cir.· 1983-09-23 ·cited 2×
  The court held that the trial court erred in retroactively applying an amended statute that made contributory and comparative negligence a defense to strict liability, and in placing the burden on the plaintiff to prove unawareness of a defect.
• Kynaston v. United States
  717 F.2d 506· 10th Cir.· 1983-09-16 ·cited 2×
  The court held that the district court erred in applying the 1977 amendment to Utah's survival statute retroactively. The cause of action accrued under the 1967 version of the statute, which did not limit recovery to out-of-pocket expenses when the injured party died of an interv
• The City OF Colo. Springs v. The United States & The Interstate Commerce Comm'n
  724 F.2d 857· 10th Cir.· 1983-09-01 ·cited 2×
  The court held that the City of Colorado Springs is entitled to a hearing regarding a railroad rate increase, as the Staggers Act's retroactive application would cause manifest injustice by denying this right. However, the court affirmed the ICC's classification of the rate incre
• VAN DEN HUL v. Baltic Farmers Elevator Co.
  716 F.2d 504· 8th Cir.· 1983-08-30 ·cited 2×
  The court held that the statutes of limitations were not applied retroactively and were constitutional, but that summary judgment for Koopman was improper due to a genuine issue of material fact regarding constructive notice.
• Penthouse N. Ass'n, Inc. v. Remo M. Lombardi
  436 So. 2d 184· Fla. 4th DCA· 1983-04-27 ·cited 2×
  Penthouse North Association sued its former lessor-officers for breaching fiduciary duties in executing a 1966 lease with an escalation clause without disclosure. The Fourth District Court of Appeal affirmed dismissal of the association's complaint as time-barred but reversed and
• First Nat'l Bank & Tr. Co. v. Daniel
  701 F.2d 141· 11th Cir.· 1983-03-21 ·cited 2×
  A debtor cannot avoid a bank's lien on collateral under section 522(f) of the Bankruptcy Reform Act of 1978 if the original security agreement and note predate the Act's effective date, even if a subsequent renewal note was executed after the Act's enactment.
• 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.
• L.O. Ward and Myra Ward v. United States
  695 F.2d 1351· 10th Cir.· 1982-12-20 ·cited 2×·via Retroactive Tax Legislation
  The court held that the minimum tax on intangible drilling costs was constitutionally enacted retroactively and was not so harsh or oppressive as to be invalid. It also held that the tax was an income tax, not an excise tax, and therefore not deductible.
• 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.
• Carpenter v. Continental Trailways
  635 F.2d 578· 6th Cir.· 1980-12-18 ·cited 2×·via Retroactivity Of Statutory Amendments
  The court held that an employer's forced retirement under a bona fide pension plan, prior to the 1978 ADEA amendments, did not violate the Age Discrimination in Employment Act, even if age was the sole factor, provided the plan was not a subterfuge.
• 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×
• Est. of Azalea Smith Downs v. The United States
  564 F.2d 48· Ct. Cl.· 1977-10-19 ·cited 2×·via Retroactive Legislation
  The court held that the 1951 Powers of Appointment Act was not unconstitutionally applied retroactively to the estate, as the decedent had not demonstrated an attempt to renounce the power or that such an attempt would have been futile under Texas law.
• 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.