Retroactive Application Of Statutes

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

• Clawson v. State
  670 So. 2d 1086· Fla. 2d DCA· 1996-03-22
  David Clawson appeals his convictions for sexual abuse of a minor. The court affirms his convictions but vacates his sentence due to two errors: the scoresheet incorrectly calculated victim injury points by applying a statute retroactively, and the trial court imposed prosecution
• Fla. Farm Bureau Mut. Ins. Co. v. Zarahn
  666 So. 2d 1034· Fla. 1st DCA· 1996-01-26
  Florida appellate court reversed judgment applying 1992 amendment to section 627.727(6) to a pre-amendment uninsured motorist claim, holding the amendment is substantive rather than procedural and cannot be retroactively applied to insurance contracts predating its effective date
• Fla. Dep't OF Revenue & Lawrence Fuchs v. Liberty Nat'l Ins. Co.
  667 So. 2d 445· Fla. 1st DCA· 1996-01-26
  The court held that Florida Administrative Code Rule 12B-8.016(3)(a)5, requiring exclusion of special purpose obligations or assessments, did not apply to assessments imposed by Florida itself, only those imposed by other states.
• Williams Coll. v. Bourne
  656 So. 2d 622· Fla. 5th DCA· 1995-06-30
  Williams College appeals a trial court's award of attorney's fees in an estate case, challenging whether a 1993 statute retroactively increased the reasonable fee amount. The court holds that retroactive application of the statute violates constitutional due process protections,
• Moffett v. State
  655 So. 2d 1304· Fla. 1st DCA· 1995-06-12
• Stattin v. Resolution Tr. Corp.
  883 F. Supp. 678· M.D. Fla.· 1995-04-28
  The court held that Florida's Depositor Preference Statute, Fla. Stat. § 658.84, applies to all distributions made after its enactment, regardless of when the financial institution entered receivership.
• Errol Perry v. State
  653 So. 2d 1114· Fla. 5th DCA· 1995-04-21
  Errol Perry was sentenced to 30 years in prison for sexual battery, kidnapping, and uttering a forgery committed in 1990. The Florida Fifth District Court of Appeal vacated his sentences because the trial court improperly included 40 victim injury points for 'penetration' alone u
• The Bared & Co., Inc. v. Landis & GYR Powers, Inc.
  650 So. 2d 633· Fla. 3d DCA· 1995-01-25
  This appeal concerns whether Florida Statute section 255.071(4), enacted to provide remedies for subcontractors on government projects to recover unpaid amounts, applies retroactively to contracts entered into before the statute's effective date. The court held that the statute a
• Campbell v. State
  645 So. 2d 137· Fla. 4th DCA· 1994-11-16
  Mike Campbell appeals the denial of motions to vacate his cocaine conviction and withdraw his grand theft plea. The court reverses because the cocaine was illegally manufactured by law enforcement, making the prosecution a denial of due process, and because vacating the cocaine c
• Smith v. Crest Prods. & Auto Owners Ins. Co.
  643 So. 2d 672· Fla. 1st DCA· 1994-10-11
  In this workers' compensation appeal, the court reversed the lower court's decision barring the claimant from all future wage-loss and disability benefits based on a newly enacted statute and an intervening auto accident, holding that the statute was substantive and could not be
• Serna v. Milanese, Inc.
  643 So. 2d 36· Fla. 3d DCA· 1994-09-21
  Jose Serna, president of a corporation, signed dishonored checks on behalf of his company without indicating his representative capacity. Milanese, Inc. sued to collect treble damages under Florida law. Serna argued that a newly enacted statute should apply retroactively to relie
• Edison M. Furtick, Jr. v. Shults
  640 So. 2d 123· Fla. 1st DCA· 1994-07-25
  A workers' compensation claimant appealed a Judge of Compensation Claims' denial of his petition for insolvency status to avoid paying record preparation costs. The appellate court reversed, holding that a claimant with minimal income and assets who would be unable to pay living
• Jeanmarie E. Lupkowski v. Lupkowski
  638 So. 2d 632· Fla. 4th DCA· 1994-07-06
  In this Florida dissolution case, the appellate court reversed and remanded the trial court's final judgment because it failed to comply with statutory requirements for factual findings in contested asset distribution cases. The court emphasized that without proper written findin
• Pascoe v. State
  636 So. 2d 603· Fla. 4th DCA· 1994-05-25
  The court held that the trial court erred in assessing public defender fees without notice and in assessing $50.00 in costs when the statute in effect at the time of the offense mandated $20.00.
• Fairchild Aircraft & Am. Int'l Adjusting Co. v. Raybon
  634 So. 2d 801· Fla. 1st DCA· 1994-04-07
  The employer and carrier appealed a workers' compensation order awarding permanent total disability (PTD) benefits to a claimant injured in two separate industrial accidents. The court affirmed, holding that the employer/carrier was not entitled to delay the PTD award by demandin
• Browning v. AT & T Paradyne Corp.
  846 F. Supp. 970· M.D. Fla.· 1994-02-17
  The court held that the Civil Rights Act of 1991 does not apply retroactively to conduct that occurred before its effective date, and therefore the plaintiff's claims are timely.
• Herminio Ramirez v. City OF Miami
  627 So. 2d 48· Fla. 3d DCA· 1993-11-16
  Retired police officer Ramirez appealed a summary judgment dismissing his claim for back pay and retirement benefits, alleging he was wrongfully denied veteran's preference points on a 1977 promotional examination. The court affirmed, holding that the amended statute awarding pre
• Hernandez v. State
  629 So. 2d 205· Fla. 3d DCA· 1993-11-16
  Hernandez challenges the constitutionality of a 1991 statute that retroactively revoked his private investigator's license based on a prior felony conviction. The court upheld the statute, holding that a private investigator's license is not a property right and that the legislat
• Shanks v. State
  624 So. 2d 381· Fla. 4th DCA· 1993-09-22
  The court held that the use of illegally manufactured crack cocaine in a reverse sting operation constitutes a due process violation that bars prosecution, even after a guilty plea.
• Wigfals v. Singletary
  624 So. 2d 320· Fla. 2d DCA· 1993-09-03
  Wigfals petitioned for habeas corpus claiming ineffective assistance of appellate counsel for failing to challenge an upward sentencing departure based on habitual offender status. The court denied the petition, holding that appellate counsel was not ineffective because the law a
• Sussman v. Salem, Saxon & Nielsen, PA
  1993 U.S. Dist. LEXIS 10108· M.D. Fla.· 1993-07-20
  The court denied the plaintiff's motion to amend the order to include language for an interlocutory appeal.
• United States v. Hodges
  999 F.2d 341· 8th Cir.· 1993-07-15
  The court held that the 1991 amendment to the Higher Education Act, which removed the statute of limitations for student loan collections, applies retroactively and constitutionally revives previously time-barred claims.
• Villeroy & Boch Keramische Werke K.G. v. THC Sys., Inc.
  999 F.2d 619· 2d Cir.· 1993-07-15
  The court held that the district court erred in finding the china design functional as a matter of law, reversing summary judgment.
• Chauvin v. Erickson
  998 F.2d 617· 8th Cir.· 1993-07-14
  The court held that the addition of a statutory work requirement for earning good-time credit did not violate the Ex Post Facto Clause because it did not disadvantage the offender.
• Powell v. Ducharme
  998 F.2d 710· 9th Cir.· 1993-07-09
  The new parole scheme, by postponing a prisoner's parole hearing, worsens conditions and violates the Ex Post Facto Clause.
• Cedar Shake & Shingle Bureau v. City OF LOS Angeles
  997 F.2d 620· 9th Cir.· 1993-06-30
  The court held that the district court abused its discretion by not abstaining under the Pullman doctrine because the state law preemption question was uncertain.
• Ferman v. United States
  993 F.2d 485· 5th Cir.· 1993-06-18
  The retroactive application of an amendment to an estate tax deduction, which corrected a drafting error and was preceded by IRS notice, does not violate due process as it is not so harsh and oppressive as to transgress constitutional limitations.
• Moore v. Agency FOR Int'l Dev.
  994 F.2d 874· D.C. Cir.· 1993-06-15
  The court held that a pro se plaintiff should be given an opportunity to correct service of process defects and amend his complaint to meet heightened pleading standards, and that the amended venue statute applies to pending cases.
• State v. Hannah
  620 So. 2d 1040· Fla. 4th DCA· 1993-06-09
  The State appeals a trial court's grant of post-conviction relief to Charles Hannah based on a Fourth District Court of Appeal decision in State v. Lee that retroactively invalidated Hannah's drug conviction near a school. The appellate court reversed the retroactive application
• Est. OF Barbara L. Reynolds v. Martin
  994 F.2d 690· 9th Cir.· 1993-06-01
• Fed. Deposit Ins. Corp. for Empire Sav. & Loan Ass'n v. D.L. Faulkner
  991 F.2d 262· 5th Cir.· 1993-05-25
  The court held that the asset-freeze provisions of the Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990 (TRA) can be applied to pending lawsuits to secure potential damage awards, and that freezing all of the defendants' assets was permissible due
• Roberts v. State
  616 So. 2d 1165· Fla. 5th DCA· 1993-04-16
• Coastal Env't Soc'y, Inc. v. Dep't OF Env't Reg.
  616 So. 2d 626· Fla. 1st DCA· 1993-04-16
• Roth v. Dimensions Health Corp.
  992 F.2d 36· 4th Cir.· 1993-04-15
  The court certified a question of Maryland law regarding the retroactivity of a statutory amendment to the Maryland Health Claims Arbitration Act.
• Adams v. Fid. & Cas. Co.
  125 F.R.D. 435· S.D. Fla.· 1993-03-03
  A subsequent change in law via legislation does not justify relief from a final judgment where rights have vested.
• Jacquelyn L. Morris v. Am. Nat'l CAN Corp. & Glen Besore
  988 F.2d 50· 8th Cir.· 1993-03-03
  The court held that the Supreme Court's decision in Dague, which disallowed attorney fee enhancements for contingency, applied retroactively to this case due to the law of the case doctrine, and that supplemental fees required reevaluation.
• In re Park AT Dash Point, L.P. v. Crossland Mortg. Corp.
  985 F.2d 1008· 9th Cir.· 1993-02-05
  The court held that the 1989 amendment to Wash.Rev.Code § 7.28.230 was curative and clarified existing law, thus Crossland's security interest in the rents was perfected upon recording, even though the bankruptcy petition was filed before the amendment's effective date.
• Hughes v. Matthews
  986 F.2d 1168· 8th Cir.· 1992-12-08
  The court held that the jury trial provisions of the Civil Rights Act of 1991 do not apply retroactively, and that the plaintiff failed to present direct evidence of discrimination or pretext for her termination.
• Colantuno v. Aetna Ins. Co.
  980 F.2d 908· 3d Cir.· 1992-12-01
  The court held that the Pennsylvania bad faith statute applies to conduct occurring after its effective date, even if the insurance policy predates the statute.
• Kravitz v. Lewis S. Benjamin, D.M.D.
  608 So. 2d 584· Fla. 4th DCA· 1992-11-25
  The court held that the statutory requirements for a presuit notice of intent to initiate litigation did not apply to causes of action arising before the statute's effective date.
• City of Miami v. Meyer
  614 So. 2d 1109· Fla. 1st DCA· 1992-10-14
  The City of Miami's appeal of a workers' compensation offset ordinance decision was affirmed, with the court rejecting the city's arguments that Barragan v. City of Miami should not apply retroactively and that a ten percent penalty was improper.
• Sheridan v. Struble
  977 F.2d 1229· 8th Cir.· 1992-10-08
  A new statute of limitations does not apply to actions already accrued unless the legislature expressly states so.
• City OF Miami v. McLEAN
  605 So. 2d 953· Fla. 1st DCA· 1992-09-30
  The City of Miami appealed a workers' compensation award to employee Richard McLean, challenging the retroactive application of Barragan v. City of Miami and the award of costs and penalties under section 440.20. The First District Court of Appeal affirmed the award while certify
• Commonwealth OF The N. Mariana Islands v. Mariano Faisao Mendiola
  976 F.2d 475· 9th Cir.· 1992-09-23
  The CNMI Supreme Court had jurisdiction over the appeal, but Mendiola's confessions were involuntary due to the totality of the circumstances, including inadequate Miranda warnings and his mental state, and should have been suppressed.
• Gonsalves v. Internal Revenue Serv.
  975 F.2d 13· 1st Cir.· 1992-09-14
  The court held that the taxpayer could not recover damages under 26 U.S.C. § 7433 for alleged constitutional violations or for actions predating the statute's effective date, nor could he circumvent standard tax refund procedures.
• Perveler v. Estelle
  974 F.2d 1132· 9th Cir.· 1992-09-08
  The court held that the Board of Prison Terms had 'some evidence' to support the rescission of the appellant's parole date, satisfying due process requirements.
• Ryan v. Louis W. Sullivan, M.D.
  972 F.2d 721· 6th Cir.· 1992-08-18
  The court held that the amendment to 42 U.S.C. § 1382(c)(5) should be applied prospectively only, not retroactively.
• United States ex rel. Clarence Walker v. O'Leary
  973 F.2d 521· 7th Cir.· 1992-08-11
  The court held that the state's failure to resentence a prisoner under a more favorable intervening statute, when that statute provided for retroactive application, violated the prisoner's due process rights.
• Citizens & S. Nat'l Bank v. Fed. Deposit Ins. Corp.
  602 So. 2d 691· Fla. 4th DCA· 1992-08-05
• Haugen v. Total Petroleum, Inc.
  971 F.2d 124· 8th Cir.· 1992-07-27
  The court held that the Minnesota Supreme Court would not apply the new, longer statute of limitations retroactively to disability discrimination claims under the Minnesota Human Rights Act.