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

• Houston R. White v. White
  296 So. 2d 619· Fla. 1st DCA· 1974-06-20 ·cited 55×
  A Florida appellate court reversed a trial court order requiring a father to pay child support for his 18-year-old son attending college, holding that once the son reached age 18, he was an adult emancipated under Chapter 73-21 and the father had no legal obligation to continue s
• Empire Life Ins. Co. OF Am. v. Valdak Corp.
  468 F.2d 330· 5th Cir.· 1972-10-12 ·cited 55×
  The Uniform Commercial Code does not apply to transactions entered into before its effective date, and a pledgee has a duty not to intentionally deplete the value of collateral.
• Whitney v. State
  184 So. 2d 207· Fla. 3d DCA· 1966-03-08 ·cited 55×
  Dennis Whitney, convicted of first-degree murder and sentenced to death, sought collateral relief arguing denial of due process on multiple grounds including pretrial publicity, prosecutorial misconduct, and ineffective assistance of counsel. The appellate court affirmed the tria
• Tefel v. Reno
  180 F.3d 1286· 11th Cir.· 1999-07-14 ·cited 54×
  This class action challenged the application of the "stop-time" rule enacted by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) and clarified by the Nicaraguan and Central American Relief Act (NACARA), which rendered aliens ineligible for suspensi
• Mosher v. Speedstar Div. OF Amca Int'l, Inc.
  52 F.3d 913· 11th Cir.· 1995-05-19 ·cited 54×
  Robert Mosher sued Speedstar for products liability injuries from a 1984 drilling rig accident, but the district court granted summary judgment based on Florida's statute of repose after the Florida Supreme Court's decision in Acosta appeared to bar his claim despite an earlier r
• United States v. Dario Restrepo
  883 F.2d 781· 9th Cir.· 1989-08-24 ·cited 54×
  The dissent argues that the Sentencing Guidelines, as amended by commentary, are not ambiguous regarding the aggregation of unconvicted conduct for offense level determination.
• Sullivan v. Cuyler
  723 F.2d 1077· 3d Cir.· 1983-12-08 ·cited 54×
• Saint Mary OF Nazareth Hosp. Ctr. v. Dep't OF Health & Human Servs.
  698 F.2d 1337· 7th Cir.· 1983-02-01 ·cited 54×·via Retroactive Legislation
  The court held that costs incurred for providing free care to indigents under the Hill-Burton Act are not reimbursable under Medicare, and that bedside telephones are not necessarily 'personal comfort items' excluded from reimbursement.
• Kaufman v. Shere
  347 So. 2d 627· Fla. 3d DCA· 1977-05-03 ·cited 54×
  The court held that Florida Statutes § 711.236, which voids escalation clauses in condominium leases, applies prospectively and was incorporated into the condominium's Declaration of Condominium as amended.
• United States v. Walther
  867 F.2d 1334· 11th Cir.· 1989-03-16 ·cited 53×
  The court held that the government's reverse sting operation did not constitute outrageous conduct violating due process, and that various trial errors claimed by the appellants were either not errors or did not rise to the level of reversible error.
• Gosman v. The United States
  573 F.2d 31· Ct. Cl.· 1978-02-22 ·cited 53×
  The court held that the Hearing Panel's decisions regarding depreciation, advertising costs, deferred financing charges, and interest-free loans were not arbitrary, capricious, or unsupported by substantial evidence, and affirmed the Panel's rulings.
• Walter Denson & SON & Va. Mut. Ins. Co. v. Nelson
  88 So. 2d 120· Fla.· 1956-05-30 ·cited 53×
  The Florida Supreme Court held that a 1953 amendment extending the modification period for workers' compensation awards from one to two years applies retroactively to claims pending at the time the amendment became effective. The court rejected the employer's argument that the am
• Asay v. State
  224 So. 3d 695· Fla.· 2017-08-14 ·cited 52×
  Mark James Asay, a death-sentenced prisoner with an active execution warrant, appealed the denial of his third successive motion for postconviction relief and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the circuit court's denial and rejected all of
• Republic Indus., Inc. v. Cent. Pa. Teamsters Pension Fund
  693 F.2d 290· 3d Cir.· 1982-11-19 ·cited 52×·via Retroactive Legislation
  The court held that the exhaustion doctrine does not apply to facial constitutional challenges to a statute when the administrative remedy cannot resolve the constitutional issues or provide factual findings for judicial review.
• Rhodes v. State
  283 So. 2d 351· Fla.· 1973-09-19 ·cited 52×
  James Rhodes was convicted of exhibiting obscene films at his adult theater in violation of Florida's obscenity statute. The Florida Supreme Court affirmed his conviction, holding that the obscenity statute was sufficiently clear through prior judicial construction and that the a
• Ingerson v. State Farm Mut. Auto. Ins. Co.
  272 So. 2d 862· Fla. 3d DCA· 1973-01-31 ·cited 52×
  The court held that a change in law during the pendency of a case, specifically the repeal of the guest passenger statute, requires the case to be decided under the new law, even if the trial proceeded under the old law.
• Hardware Mut. Cas. Co. v. MRS. Ruby Carlton
  151 Fla. 238· Fla.· 1942-07-28 ·cited 52×
  The court held that the appellee is not entitled to attorney's fees under the 1941 Act because applying it retroactively would violate the Constitution.
• Pembroke Lakes Mall Ltd. v. McGRUDER
  137 So. 3d 418· Fla. 4th DCA· 2014-02-26 ·cited 50×
  This case involves a slip-and-fall accident at a shopping mall where the plaintiff McGruder recovered $269,049.50 from defendants Pembroke Lakes Mall and Millard Mall Services. The appellate court affirmed the denial of directed verdict and mistrial motions, affirmed that the old
• Georgianna Fray v. The Omaha World Herald Co.
  960 F.2d 1370· 8th Cir.· 1992-04-03 ·cited 50×
  The court held that the Civil Rights Act of 1991 should not apply retroactively to pending cases, and that the job Fray applied for did not create a new and distinct relationship under Patterson.
• Shipley v. State
  528 So. 2d 902· Fla.· 1988-07-14 ·cited 50×
  Prior notice and a hearing are required to impose costs or community service against an indigent defendant under section 27.3455, Florida Statutes, and a contemporaneous objection is unnecessary to preserve this due process issue.
• Clausell v. Hobart Corp.
  515 So. 2d 1275· Fla.· 1987-12-03 ·cited 50×
  The retroactive application of Pullum, which held a statute constitutional, does not deprive a plaintiff of due process because a cause of action is not a vested right.
• City OF Orlando v. Desjardins
  493 So. 2d 1027· Fla.· 1986-09-11 ·cited 50×
  The court quashed a district court's interpretation of the Florida Public Records Act, holding that a statutory exemption for attorney work product and litigation strategy should have been applied to an ongoing litigation file request.
• Polskie Linie Oceaniczne v. Seasafe Transp. A/S
  795 F.2d 968· 11th Cir.· 1986-08-08 ·cited 50×
  The court held that the 1984 amendments to Florida's long-arm statutes do not apply retroactively to causes of action that accrued before their effective date, and that the plaintiff failed to establish the required 'connexity' for jurisdiction under the prior statutes.
• Cantor v. Estine Davis
  489 So. 2d 18· Fla.· 1986-06-05 ·cited 50×
  The Florida Supreme Court held that section 768.56, which requires attorney's fee awards in medical malpractice cases, cannot be retroactively applied to causes of action accruing before July 1, 1980. The Court approved the district court's finding that the statute is facially co
• L. Ross, Inc. v. R. W. Roberts Constr. Co., Inc.
  481 So. 2d 484· Fla.· 1986-01-16 ·cited 50×
  The Florida Supreme Court resolved a conflict between district courts regarding whether a 1982 statutory amendment repealing a 12.5% cap on attorney's fees in payment bond actions applies retroactively to pending cases. The Court held that the amendment is substantive rather than
• McINTYRE v. Nance Ruth McINTYRE
  452 So. 2d 14· Fla. 1st DCA· 1984-04-18 ·cited 50×
  A Florida appellate court affirmed a trial court's modification of a child custody arrangement, allowing the custodial mother to relocate with both children to Japan for a two-year military assignment while interpreting the state's newly amended custody statutes. The court held t
• Bartholomew v. Watson
  665 F.2d 910· 9th Cir.· 1982-01-11 ·cited 50×
  The court held that attorneys' fees can be awarded for services performed in state court proceedings that are an essential part of a federal civil rights claim, and that fees should be based on work performed on prevailing issues.
• Reinders Bros., Inc. v. Rain Bird E. Sales Corp.
  627 F.2d 44· 7th Cir.· 1980-07-30 ·cited 50×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction under the Wisconsin Fair Dealing Law, despite some procedural irregularities in discovery, and that the law applied to the dealership agreement.
• Todd Shipyards Corp. v. Secretary OF Labor
  586 F.2d 683· 9th Cir.· 1978-11-17 ·cited 50×
  The court held that a 'repeat' OSHA violation occurs when a hazard similar to a previously cited one recurs at the same facility, and that the exclusionary rule does not apply retroactively to OSHA searches conducted before the Supreme Court declared warrantless inspections uncon
• O'Neal W. Koger (on behalf of himself as an individual v. Ball
  497 F.2d 702· 4th Cir.· 1974-05-10 ·cited 50×
  The court held that the procedural provisions of the Equal Employment Opportunity Act of 1972 apply to federal employee discrimination complaints pending administrative review at the time of the Act's enactment.
• Nat'l Labor Relations Bd. v. Mylan-Sparta Co., Inc.
  166 F.2d 485· 6th Cir.· 1948-02-10 ·cited 50×
• Chiapetta v. Jordan
  153 Fla. 788· Fla.· 1943-11-02 ·cited 50×
  The Florida Supreme Court strikes down Chapter 21881, a 1943 statute that would have allowed a divorced wife to recover attorney's fees and court costs in post-divorce custody disputes, holding that the statute's limitation to divorce decrees recorded before its effective date co
• Jackson v. Dugger
  547 So. 2d 1197· Fla.· 1989-07-06 ·cited 49×
  Andrea Hicks Jackson, sentenced to death for the murder of a police officer, challenged her death sentence on habeas corpus grounds, arguing that victim impact evidence presented during the penalty phase violated the Eighth Amendment under Booth v. Maryland. The Florida Supreme C
• Guillermina Cortes-Quinones v. Jimenez-Nettleship
  842 F.2d 556· 1st Cir.· 1988-03-28 ·cited 49×
  The court held that the jury's finding of deliberate indifference regarding prisoner's death was supported by sufficient evidence, denying qualified immunity on liability, but vacated the damages and attorney fees awards for further proceedings.
• Ivey v. Chicago Ins. Co.
  410 So. 2d 494· Fla.· 1982-02-11 ·cited 49×
  An injured person may stack uninsured motorist coverages from multiple policies of which they are a beneficiary when determining whether a tortfeasor qualifies as an underinsured motorist under Florida law. The statutory term 'his uninsured motorist's coverage' encompasses covera
• Hart v. W. M. Bostwick and wife
  14 Fla. 162· Fla.· 1872-04-01 ·cited 49×
  This ejectment case concerns whether the defendants established adverse possession sufficient to bar recovery of land under Florida's statute of limitations. The court reversed and remanded due to multiple instructional errors regarding adverse possession, the application of the
• Walton v. State
  847 So. 2d 438· Fla.· 2003-05-29 ·cited 48×
  Jason Dirk Walton appeals the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 challenging his conviction for three counts of first-degree murder and three death sentences. The Florida Supreme Court affirms the trial court's denial, fi
• Vogel v. The City OF Cincinnati
  959 F.2d 594· 6th Cir.· 1992-03-13 ·cited 48×
  The court held that Richard Vogel, not a party to the consent decree, lacked standing to challenge the City's interpretation of the decree but had standing to challenge the constitutionality of the City's affirmative action hiring policy as applied to him. The court further held
• Shaw v. Gen. Motors Corp. & Federated Dep't Stores, Inc.
  503 So. 2d 362· Fla. 3d DCA· 1987-02-10 ·cited 48×
  The Shaws brought a product liability action against General Motors and Federated Department Stores for injuries from a refrigerator fire. The trial court barred the suit under Florida's statute of repose (12-year limitation), which the Florida Supreme Court had previously declar
• Peick v. Pension Benefit Guar. Corp.
  724 F.2d 1247· 7th Cir.· 1983-12-19 ·cited 48×·via Retroactive Legislation
  The dissent argues that the employer associations and the 705 Fund lack standing to challenge the MPPAA because they have not demonstrated a concrete and immediate injury sufficient to satisfy Article III's case or controversy requirement.
• Cent. Freight Lines, Inc. v. The United States & Interstate Commerce Comm'n
  669 F.2d 1063· 5th Cir.· 1982-03-11 ·cited 48×
  The court held that the Interstate Commerce Commission did not err in applying the Motor Carrier Act of 1980 to pending applications and that its hybrid hearing procedure did not violate due process.
• Corporacion Venezolana de Fomento v. Vintero Sales Corp.
  629 F.2d 786· 2d Cir.· 1980-07-28 ·cited 48×
  The court affirmed the district court's judgment for Merban on the guarantees but reversed and remanded the dismissal of CVF's fraud claims against the DeLyra interests, finding Venezuelan law should apply to those claims.
• Adiba Mahroom v. Colonel John Hook
  563 F.2d 1369· 9th Cir.· 1977-11-04 ·cited 48×
  The thirty-day period to file a federal suit under Title VII begins only upon receipt of a formal 'Right-to-Sue' letter, and the Equal Employment Opportunity Act of 1972 applies retroactively to administratively pending claims.
• SAN Francisco Tomorrow v. Romney
  472 F.2d 1021· 9th Cir.· 1973-01-18 ·cited 48×
  Amendatory grants for rising costs on a pre-NEPA project do not constitute further major federal action, but a change in the nature of a project after NEPA's effective date does.
• Princess Ranola Johnson v. Combs
  471 F.2d 84· 5th Cir.· 1972-12-06 ·cited 48×
  The court held that Section 718 of the Education Amendments Act of 1972 should be interpreted similarly to the attorneys' fees provision in Title II of the Civil Rights Act of 1964, requiring fees unless special circumstances render an award unjust, and that the statute should no
• Mullins v. Kennelly
  847 So. 2d 1151· Fla. 5th DCA· 2003-06-27 ·cited 47×
  Deborah Mullins appealed an order assessing attorney's fees against her and her attorney under Florida Statute § 57.105 for allegedly pursuing an unsupported claim. The court reversed, holding that although the revised 1999 version of § 57.105 applied to post-October 1, 1999 cond
• Luddington v. Ind. Bell Tel. Co.
  966 F.2d 225· 7th Cir.· 1992-06-15 ·cited 47×
  The Civil Rights Act of 1991 applies only to conduct occurring after its effective date, not retroactively to pending cases, and appellant failed to preserve claims for review.
• Riddell v. The Nat'l Democratic Party
  624 F.2d 539· 5th Cir.· 1980-08-18 ·cited 47×
  The court held that the special circumstances cited by the district court were insufficient to justify denying attorneys' fees to the prevailing parties under 42 U.S.C. § 1988.
• Davis v. Valley Distrib. Co.
  522 F.2d 827· 9th Cir.· 1975-07-30 ·cited 47×
  The court held that the 1972 amendments extending Title VII's filing deadlines applied retroactively, and a plaintiff's failure to meet a shorter state statute of limitations did not bar their federal remedy if the federal filing was timely under the extended period.
• Eutzy v. State
  541 So. 2d 1143· Fla.· 1989-03-28 ·cited 46×
  William Eutzy, a death row inmate, appealed the trial court's denial of his second Rule 3.850 motion to vacate his conviction and death sentence for first-degree murder. The Florida Supreme Court affirmed the denial, holding that all claims were procedurally barred either because