Retroactive Application Of Statutes

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

• Colby McCoggle v. State
  Fla. 4th DCA· 2024-04-10
  Colby McCoggle, convicted as a juvenile of murder in 1994, appealed his resentencing after his original mandatory life sentence was initially deemed unconstitutional under Miller v. Alabama but later upheld as constitutional under subsequent case law. The appellate court affirmed
• Sanchez v. Sec. First Ins. Co.
  Fla. 3d DCA· 2024-03-06
  Section 627.70152's presuit notice requirement applies retroactively to existing insurance policies and is procedural in nature, requiring dismissal without prejudice of lawsuits filed without compliance. The trial court properly dismissed the plaintiff's complaint under this sta
• Universal Prop. & Cas. Ins. Co. v. Laguna Riviera Condo. Ass'n, Inc.
  Fla. 2d DCA· 2024-03-01
  An insurer's subrogation right against a condominium association does not vest until a covered loss occurs and is paid; therefore, a 2021 statutory amendment barring such subrogation applies prospectively and prevents suit where the loss occurred after the amendment's effective d
• Universal Prop. & Cas. Ins. Corp. a/s/o Delores Senko v. Grove Isle at Vero Beach Condo. Ass'n, Inc.
  Fla. 4th DCA· 2024-02-28
  Amendments to section 627.714(4) are substantive and do not apply retroactively absent clear legislative intent; the statute's effective date and silent language regarding retroactivity rebut any inference of retroactive application to insurance policies issued before the amendme
• Cantens v. Certain Underwriters at Lloyd's London
  Fla. 3d DCA· 2024-02-14
  Section 627.70152(3)'s presuit notice requirement applies retroactively to insurance policies issued before the statute's effective date because the statute expresses clear intent to apply to "all suits" arising under residential or commercial property insurance policies, and the
• Goldsmith v. Travelers Indem. Co. of Am.
  M.D. Fla.· 2024-01-11
  The court granted in part and denied in part the parties' motions in limine, ruling on issues including the admissibility of evidence related to law firms, attorney referrals, collateral sources, and expert testimony.
• Sulzer v. Am. Integrity Ins. Co. of Fla.
  Fla. 6th DCA· 2024-01-08
  The Florida Supreme Court reversed a trial court's dismissal of an insurance coverage lawsuit for failure to comply with Section 627.70152's pre-suit notice requirement. The court held that the 2021 statute does not apply retroactively to claims arising from policies and losses t
• M.K. and James Walsh v. Dep't of Child. & Families
  Fla. 4th DCA· 2023-12-20
  Filing a petition for termination of parental rights does not confer party status in dependency proceedings, and the juvenile rules do not authorize intervention by foster parents in dependency proceedings. The 2022 version of section 63.082 did not grant party status to foster p
• Hill v. Sec'y, Dep't of Corr. (Sarasota County)
  M.D. Fla.· 2023-11-01
  The court held that a claim based solely on the retroactive application of an amended state statute under state law is not cognizable on federal habeas corpus review.
• Jesus Rock Ministries Inc. v. Scottdale Ins. Co.
  S.D. Fla.· 2023-10-23
  The court held that Florida Statute § 627.70152(3), requiring pre-suit notice, applies retroactively to insurance policies issued before its effective date, as it is considered procedural law.
• Breanne McClam v. Carrier
  Fla. 4th DCA· 2023-10-18
  The appellate court reversed a lower court's denial of a mother's emergency motion to retrieve her child. The court found that the father's established paternity or a private agreement did not grant him custody rights superior to the mother's, who is the natural guardian.
• Cleveland Clinic Fla. v. Daniels
  384 So. 3d 182· Fla. 4th DCA· 2023-10-18
• Agency for Health Care Admin. v. Armando R. Payas AD Litem for K.T.
  Fla. 6th DCA· 2023-10-06
  The appellate court reversed a lower court's decision, holding that the trial court lacked subject matter jurisdiction to reduce a Medicaid lien. The court determined that the version of the statute in effect at the time of settlement approval, not the initial payment of benefits
• McConnell v. Costco Wholesale Corp.
  M.D. Fla.· 2023-10-03
  The court denied in part and deferred in part Costco's Daubert motions, denied motions to exclude expert testimony, and denied Costco's motion for retroactive application of Fla. Stat. § 768.0427.
• Arlen House Condo. Ass'n, Inc. v. Rockhill Ins. Co.
  S.D. Fla.· 2023-09-15
  The court held that Florida Statute § 627.70152(3)(b), which tolls the statute of limitations for insurance claims, can be applied retroactively to policies issued before its enactment because it is a procedural statute that does not impair vested rights.
• Lopez v. United States
  M.D. Fla.· 2023-09-08
  The court held that the defendant procedurally defaulted his claim challenging his firearm conviction and could not overcome this default by showing cause and prejudice or actual innocence.
• Meyer v. State
  Fla. 3d DCA· 2023-08-23
  The appellate court affirmed a lower court's decision, holding that a circuit court retained jurisdiction to revoke probation and impose a sentence even after the underlying crime was reclassified from a felony to a misdemeanor. The court reasoned that the jurisdiction to enforce
• Angarita v. Hypertoyz, Inc.
  S.D. Fla.· 2023-08-16
  The court held that additional information is required regarding service of process and choice of law before ruling on a motion for partial default judgment.
• Pearson v. Scottsdale Ins. Co.
  M.D. Fla.· 2023-07-10
  The court held that because the action was subject to dismissal for failure to comply with pre-suit notice requirements, there was no pending action in which to enter a confessed judgment, thus precluding an award of attorney's fees.
• Oceania III Condo. Ass'n, Inc. v. Westchester Surplus Lines Ins. Co.
  S.D. Fla.· 2023-06-12
  The court denied the plaintiff's motion for reconsideration because it was procedurally deficient for failing to confer with opposing counsel and substantively deficient as it failed to present new evidence or demonstrate manifest error of law or fact.
• Cole v. Universal Prop. & Cas. Ins. Co.
  Fla. 4th DCA· 2023-05-03
  A statutory presuit notice requirement for property insurance claims is procedural in nature and applies retroactively to existing insurance policies, even when the statute was enacted after the policy was issued. The retroactive application does not impair substantive rights bec
• Cole v. Universal Prop. & Cas. Ins. Co.
  363 So. 3d 1089· Fla. 4th DCA· 2023-05-03
  The court affirmed the dismissal of a breach of contract suit against an insurance company. The dismissal was based on the plaintiff's failure to comply with a new statutory requirement for providing presuit notice of intent to litigate, which the court found to be a procedural r
• Willis v. Accenture, Inc.
  Fla. 3d DCA· 2023-03-15
  An EEOC dismissal and notice of rights letter is not the equivalent of a reasonable cause finding by the FCHR required under the FCRA.
• Oceania III Condo. Ass'n, Inc. v. Westchester Surplus Lines Ins. Co.
  S.D. Fla.· 2023-02-23
  The court held that the plaintiff's claims were time-barred as the statute of limitations had expired and the plaintiff failed to establish grounds for statutory tolling, equitable estoppel, or equitable tolling.
• THE Restoration Team v. S. OAK Ins. Co.
  Fla. 3d DCA· 2023-02-15
  The appellate court affirmed the trial court's dismissal of a breach-of-contract lawsuit. The court held that a statute governing assignment of benefits agreements applied prospectively to an assignment executed after the statute's effective date, even though the underlying insur
• THE Restoration Team v. S. OAK Ins. Co.
  Fla. 3d DCA· 2023-02-15
  Section 627.7152 applies prospectively to assignment agreements executed on or after July 1, 2019, without regard to the effective date of the underlying insurance policy, and thus the statute's application to the assignment agreement in this case was prospective, not retroactive
• Nakia Johnson v. State
  Fla. 4th DCA· 2023-01-04
  The appellate court affirmed the revocation and termination of probation but reversed a portion of the sentencing related to costs. The court held that prior convictions should be scored based on their classification at the time of the original conviction, not based on subsequent
• Dixon v. Sec'y, Dep't of Corr. (Polk County)
  M.D. Fla.· 2023-01-03
  Dixon challenged his state court convictions for aggravated assault with a firearm, possession of a firearm by a convicted felon, and carrying a concealed firearm in a federal habeas corpus petition, raising seven grounds of error. The District Court denied the petition, finding
• Allen v. Jacksonville Univ.
  M.D. Fla.· 2022-12-14
  Plaintiff Ashley Allen, a Jacksonville University student, sued the school for breaching implied contracts to provide in-person instruction, campus access, and on-campus services during the 2020 spring semester when JU moved classes online and closed campus facilities in response
• Freeman v. ROZ Berrin
  Fla. 2d DCA· 2022-12-02
  The appellate court affirmed a trial court's order granting a temporary injunction to remove a trustee. While the trial court improperly applied the Florida Trust Code, the injunction was permissible under common law principles for land trusts.
• Carmel Townhomes Condo. Ass'n, Inc. v. Rockhill Ins. Co.
  S.D. Fla.· 2022-11-29
  The court held that Fla. Stat. § 627.70152 cannot be applied retroactively to an insurance policy issued before its effective date, as doing so would affect substantive rights.
• Hershenhorn v. Am. Home Assurance Co.
  M.D. Fla.· 2022-08-15
  The court held that Florida Statute § 627.70152, requiring pre-suit notice for property insurance claims, does not apply retroactively to policies issued before its enactment because it affects substantive rights.
• Bharratsingh v. Lexington Ins. Co.
  S.D. Fla.· 2022-08-10
  The court held that Fla. Stat. § 627.70152, which requires a notice of intent to initiate litigation, should not be applied retroactively to an insurance policy issued before the statute's effective date because it affects substantive rights.
• Williams v. Foremost Prop. & Cas. Ins. Co.
  M.D. Fla.· 2022-08-05
  The court held that Florida Statute § 627.70152 cannot be retroactively applied to insurance claims that arose before its enactment because it affects substantive rights by imposing new duties, obligations, and penalties.
• THE Kidwell Grp., LLC v. Olympus Ins. Co.
  Fla. 5th DCA· 2022-07-22
  Section 627.7152 applies to the date an assignment of insurance benefits is executed, not the date the underlying policy is issued, so the statute properly applied to an assignment executed after its July 1, 2019 effective date even though the policy predated the statute.
• Bourdeau v. State
  Fla. 2d DCA· 2022-06-03
  The appellate court reversed the revocation of Joan Bourdeau's probation, finding that her probation had expired before the alleged violations occurred. The court determined the trial court lacked jurisdiction over the violations due to a tolling error.
• Total Care Restoration, LLC v. Citizens Prop. Ins. Corp.
  Fla. 4th DCA· 2022-04-20
  The appellate court affirmed a lower court's decision, holding that a 10-day notice requirement for assigning insurance benefits applies to assignments executed after the statute's effective date, even if the underlying policy was issued earlier. This clarifies the application of
• Dozois v. Hartford Ins. Co. of the Midwest
  M.D. Fla.· 2022-03-30
  Florida Statute § 627.70152, requiring pre-suit notice for property insurance claims, is substantive and does not apply retroactively to policies issued before its effective date.
• Water Damage Express, LLC v. First Protective Ins. Co.
  Fla. 4th DCA· 2022-03-16
  The appellate court reversed a trial court's decision that barred a contractor from recovering attorney's fees. The court held that a newer statute, which limited attorney's fees, could not be applied retroactively to an assignment of benefits agreement executed before the statut
• R.J. Reynolds Tobacco Co. & Philip Morris USA, Inc. v. Myron Kaplan
  Fla. 4th DCA· 2022-03-16
  The Fourth District Court of Appeal reversed its prior decision and held that the 1999 amendments to Florida's punitive damages statute (section 768.73) apply to wrongful death actions arising from Engle progeny tobacco litigation where the decedent died after October 1, 1999, fo
• Ferretti v. Nova Se. Univ., Inc.
  S.D. Fla.· 2022-02-16
  The court held that the Florida Immunity Statute for Educational Institutions is substantive and intended to apply retroactively, but its retroactive application is unconstitutional as it impairs vested property rights in pending causes of action.
• McKenzie v. State
  333 So. 3d 1098· Fla.· 2022-02-10
  The trial court properly denied McKenzie's motion for an interrogatory penalty phase verdict requiring the jury to specify facts supporting aggravating factors, as the required jury finding is only the unanimous finding of the existence of one or more aggravating factors proven b
• Lawrence v. Hazel Bartelds Declaration of Tr.
  Fla. 3d DCA· 2022-02-09
  The court affirmed findings that the Lawrences committed battery, exploitation of a vulnerable adult, and conversion against Hazel Bartelds, and invalidated a quitclaim deed they obtained from her after her brain surgery.
• Cardelle v. Scottsdale Ins. Co.
  S.D. Fla.· 2022-01-21
  The court held that a general allegation that all conditions precedent have been met is sufficient to survive a motion to dismiss, and factual disputes regarding notice cannot be resolved at the pleading stage.
• Bailey v. State
  Fla. 3d DCA· 2022-01-19
  A defendant who received a Stand Your Ground immunity hearing prior to the effective date of the amended statute shifting the burden of proof to the State is not entitled to a successive immunity hearing based on the intervening statutory change. The amended statute applies only
• 5200 Enters. Ltd. v. City of N.Y.
  22 F.4th 970· 11th Cir.· 2022-01-05
  The court held that the trespass claim was barred by the statute of limitations and the bankruptcy code precluded challenging property tax assessments when the time to do so had expired under nonbankruptcy law.
• Honick v. Ace Ins. Co. of the Midwest
  M.D. Fla.· 2021-10-14
  The court denied the motion to dismiss because the complaint sufficiently stated a claim, and the defendant's argument regarding failure to attach notice was based on state rules not applicable in federal court.
• PB Legacy, Inc. v. Am. Mariculture, Inc.
  M.D. Fla.· 2021-10-07
  The court held that the plaintiff's allegations of trade secret misappropriation occurring on or after the Defend Trade Secrets Act's effective date were sufficient to establish subject matter jurisdiction.
• Smith v. Sec'y, Dep't of Corr. (Manatee County)
  M.D. Fla.· 2021-09-29
  Federal habeas relief is available only for constitutional violations, not state law errors, and claims not properly presented to state courts are procedurally barred unless cause and prejudice or manifest injustice is shown.
• United States v. Nuflo, Inc.
  M.D. Fla.· 2021-09-22
  The court held that the plaintiff failed to plead with particularity the existence and submission of false claims, and therefore failed to state a claim under the False Claims Act.