Retroactive Application Of Statutes

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

• Katzer v. Baldor Elec. Co.
  969 F.2d 935· 10th Cir.· 1992-07-13
  The court held that the district court erred in granting summary judgment on the wrongful discharge claim based on public policy, but correctly granted summary judgment on the intentional infliction of emotional distress and statutory discrimination claims.
• Rowe v. State
  602 So. 2d 642· Fla. 2d DCA· 1992-07-10
  The court reversed the defendant's habitual offender sentence a second time because the trial judge failed to make the required statutory findings under the 1987 version of Florida's habitual offender statute.
• United States v. Santamaria-Hernandez
  968 F.2d 980· 9th Cir.· 1992-07-07
  A seizure under the Fourth Amendment occurs upon physical apprehension of a suspect who flees, not at the moment of a show of authority, allowing events during flight to be considered for founded suspicion.
• Wilson v. State
  600 So. 2d 546· Fla. 1st DCA· 1992-06-17
  The court affirmed the trial court's denial of Wilson's Rule 3.850 post-conviction motion without comment, but permitted him to file a new motion challenging consecutive minimum mandatory sentences in light of Daniels v. State, which limited such sentences for crimes arising from
• Assily v. Tampa Gen. Hosp.
  59 Fair Empl. Prac. Cas. (BNA) 41· M.D. Fla.· 1992-05-29
  The court held that the Civil Rights Act of 1991 applies retroactively to pending cases, allowing claims for compensatory and punitive damages and a jury trial, as no manifest injustice would result.
• Robert v. Steinhilber
  965 F.2d 602· 8th Cir.· 1992-05-26
  The court held that the malicious prosecution claim was barred by the statute of limitations and that the abuse of process claim was also time-barred under Missouri law.
• Haynes v. Shoney's, Inc.
  803 F. Supp. 393· N.D. Fla.· 1992-03-12
  The court held that the Civil Rights Act of 1991 should not be applied retroactively to cases filed before its enactment. The court denied the plaintiffs' motion regarding the Act's applicability.
• Davis v. State OF Neb.
  958 F.2d 831· 8th Cir.· 1992-03-11
  The court held that the state court's retroactive application of its interpretation of the habitual criminal statute, which combined elements of two prior convictions in an unforeseeable manner, violated the Due Process Clause of the Fourteenth Amendment.
• Harrold v. State
  590 So. 2d 1015· Fla. 2d DCA· 1991-12-11
• Sink v. BOB Bell Roofing, Inc.
  590 So. 2d 504· Fla. 1st DCA· 1991-12-03
  Appellate court affirmed the 12-week duration of attendant-care benefits but reversed the award of minimum wage reimbursement, holding that pre-October 1988 attendant care must be reimbursed at market rate rather than statutory minimum wage.
• Wilson v. C.M. Lensing and Attorney General of Louisiana
  943 F.2d 9· 5th Cir.· 1991-09-27
  The court held that the retroactive application of Louisiana's amended statute allowing sentencing on habitual offender bills after an appeal order did not constitute an ex post facto violation.
• Peter Kurachek, D.M.D. v. Dep't of Prof'l Reg.
  588 So. 2d 3· Fla. 2d DCA· 1991-09-20
  The court affirmed the Board of Dentistry's suspension and probation of a dentist's license but reversed the $3,000 fines imposed for violations occurring before the 1986 statutory amendment increasing the maximum fine to $3,000, holding that only the prior $1,000 maximum applied
• Ulvin v. Parayno
  943 F.2d 862· 8th Cir.· 1991-09-03
  The court held that opt-in plaintiffs cannot rely on an EEOC charge that does not put the employer on notice of their specific claims, and that a broad release in a termination agreement, signed before the Older Workers Benefit Protection Act, is valid for ADEA claims if it meets
• Darin Gray Arnold v. Maynard
  942 F.2d 761· 10th Cir.· 1991-08-19
  Venue for a 42 U.S.C. § 1983 action is proper in any district where the claim arose or where any defendant resides, even if defendants reside in different districts within the same state, under 28 U.S.C. § 1392(a).
• The Nat'l Wildlife Fed'n v. The Agric. Stabilization & Conservation Serv.
  941 F.2d 667· 8th Cir.· 1991-08-08
  The court vacated the district court's judgment and remanded the case because a subsequent amendment to the Swampbuster Act provided an explicit good-faith exemption, which applied retroactively.
• Parrado v. State
  582 So. 2d 146· Fla. 3d DCA· 1991-07-09
  Defendant's thirty-year sentence for cocaine trafficking was vacated because the trial judge imposed a departure from guidelines without entering written reasons as required by Pope v. State, and the case was remanded for resentencing within guidelines.
• Browning v. Maytag Corp.
  932 F.2d 1409· 11th Cir.· 1991-06-07
  Georgia Code Ann. § 51-1-11(c) cannot bar products liability actions based on negligence if the cause of action accrued before its effective date.
• Howard v. State
  579 So. 2d 274· Fla. 2d DCA· 1991-05-03
  A change in substantive law not announced by the Florida or U.S. Supreme Court, and not constituting fundamental error, does not warrant postconviction relief, especially when the defendant received a favorable plea agreement.
• Foster Wheeler Energy Corp. & Fla. Power & Light Wrap-Up v. Faircloth
  577 So. 2d 1382· Fla. 1st DCA· 1991-04-09
• State v. Johnson
  591 So. 2d 204· Fla. 4th DCA· 1991-03-20
  The State appealed a sentence imposed pursuant to a guilty plea where the trial court withheld adjudication and imposed one year probation—a downward departure from the sentencing guidelines. The appellate court reversed and remanded for resentencing, holding that the trial court
• Norquoy v. Metcalf
  575 So. 2d 322· Fla. 4th DCA· 1991-03-06
  The court held that the trial court committed reversible error by refusing to instruct the jury on the threshold requirements of the Florida No-Fault Law and that the defense was sufficiently pled. The court also vacated the judgment against the Bank.
• J.S.M. v. Dep't of Health & Rehabilitative Servs.
  571 So. 2d 581· Fla. 4th DCA· 1990-12-28
  A man challenged an HRS order confirming a report that he masturbated in the presence of a sleeping child, seeking expungement. The court reversed, holding that because the conduct was not prohibited by child abuse statutes at the time it occurred in 1983-1984, the report must be
• Berwald v. Gen. Motors Acceptance Corp.
  570 So. 2d 1109· Fla. 5th DCA· 1990-12-06
  The court held that the statute abrogating lessor liability applies retroactively to tort claims arising after its effective date, even if the lease predates it.
• Ardmore Farms & Crawford & Co. v. Bonalyn Wallace
  571 So. 2d 47· Fla. 1st DCA· 1990-11-21
• Pamalee Chambers v. Sw. Bell Tel. Co.
  917 F.2d 5· 5th Cir.· 1990-11-14
  The court held that 42 U.S.C. § 1981 does not reach an employer's alleged retaliation for an employee filing complaints under Title VII of the Civil Rights Act of 1964.
• Jensen v. Turnage
  782 F. Supp. 1527· M.D. Fla.· 1990-10-19
  The V.A. has an independent right of indemnity against a veteran for amounts paid on a guaranteed loan, regardless of whether the veteran received notice of foreclosure proceedings or was made a party to them.
• Bernstein v. Sullivan
  914 F.2d 1395· 10th Cir.· 1990-09-18
  The court held that the six-year statute of limitations added by the 1987 amendments to the Civil Monetary Penalties Law applies to actions initiated after its effective date, and its application to Dr. Bernstein does not violate his constitutional rights.
• S. Broward Topeekeegeeyugnee Park Dist. v. Velvet Martin and Michael Martin, Sr.
  564 So. 2d 1265· Fla. 4th DCA· 1990-08-15
  This case involves a wrongful death action arising from the death of a minor child. The court affirmed the judgment for appellees on the main appeal and reversed the trial court's limitation of damages to $200,000, holding that under Florida law a judgment against a governmental
• State v. Mervyn Moreland
  564 So. 2d 1164· Fla. 4th DCA· 1990-07-11
  The State appealed a trial court's grant of a new trial to a defendant convicted of first-degree murder based on a Florida Supreme Court decision finding Palm Beach County's jury districting system unconstitutionally excluded Black citizens from jury pools. The appellate court re
• Standford P. Birnholz v. The 44 Wall St. Fund, Inc.
  904 F.2d 567· 11th Cir.· 1990-06-27
  A technical violation of failing to pay a periodic renewal fee under an amended securities statute, after initially obtaining an exemption and complying with all public protection provisions, can be excused under the doctrine of substantial compliance.
• DeSONIER v. Louis W. Sullivan, M.D.
  906 F.2d 228· 6th Cir.· 1990-06-22
  The court held that the Secretary's interpretation of 20 C.F.R. § 404.354(b) as a reasonable interpretation of 42 U.S.C. § 416(h)(2)(A) is generally valid, but remanded for consideration of a 1987 Texas probate code amendment.
• Robinson v. Louis W. Sullivan, M.D.
  905 F.2d 1199· 8th Cir.· 1990-06-21
  The court held that the retroactive application of the Omnibus Act exempting senior judges from Social Security coverage did not violate due process or the Article III Compensation Clause.
• Boneski v. Dep't of Prof'l Reg.
  562 So. 2d 441· Fla. 4th DCA· 1990-06-20
  A contractor appeals an administrative board's order suspending his license for 20 years and imposing a $1,000 fine, with the core requirement that he pay a prior civil judgment to terminate the suspension. The appellate court reversed, holding that the board lacked statutory aut
• Middlebrooks v. Dep't of State
  565 So. 2d 727· Fla. 1st DCA· 1990-06-07
  Middlebrooks challenges the revocation of his security guard and gun permits under a 1986 statute that disqualified felons unless 10 years had passed since civil rights restoration. The court reversed, holding that the statute must be applied prospectively and therefore could not
• Puranchand D. Hemlani v. Guerrero
  902 F.2d 1412· 9th Cir.· 1990-05-08
  The court held that the Hemlanis do not have standing to challenge the retroactive application of a statute in their suit for specific performance.
• Williams v. State
  558 So. 2d 1103· Fla. 4th DCA· 1990-04-11
  The court held that the dual conviction for sale and possession of cocaine violated double jeopardy principles. The court affirmed the conviction for sale/delivery but reversed the conviction for possession.
• State v. Arden M. Merckle
  556 So. 2d 1103· Fla.· 1990-02-15
  The court held that double jeopardy claims based on Carawan cannot be retroactively applied on a postconviction motion.
• FOX v. State
  554 So. 2d 627· Fla. 4th DCA· 1989-12-28
  Gary Fox appeals his conviction and sentence for white-collar crimes involving the operation of United Precious Metals, Inc., which lost over $11 million in customer funds. The court affirms the convictions but reverses the 50-year sentence as an abuse of discretion, finding it e
• State v. Lacey
  553 So. 2d 778· Fla. 4th DCA· 1989-12-20
  The State appeals the trial court's imposition of concurrent probation sentences for Robert Lacey's convictions on multiple counts of official misconduct, grand theft, and petit theft, arguing the sentences constitute an improper downward departure from sentencing guidelines that
• Feldman v. Stephen Glucroft, M.D.
  553 So. 2d 282· Fla. 3d DCA· 1989-11-28
  A podiatrist sought certiorari review of trial court orders dismissing amended counts of his defamation action against medical review committee members for failure to post a required bond. The court denied the petition on jurisdictional grounds, finding that the dismissed counts
• Davis v. Bryan
  889 F.2d 445· 2d Cir.· 1989-11-14
  The court held that the plaintiff was properly sentenced under the statute in effect at the time of his crime and was not entitled to sentencing under a later statute, thus affirming the grant of summary judgment.
• Mosler v. S/P Enters., Inc.
  888 F.2d 1138· 7th Cir.· 1989-10-30
  The court held that the 1983 and 1985 amendments to Illinois securities law apply prospectively, and that a RICO treble damages award is not an 'income or other amount received' on securities for purposes of restitution.
• Brutas NED v. State
  550 So. 2d 495· Fla. 1st DCA· 1989-10-06
• Adams v. State
  548 So. 2d 1179· Fla. 2d DCA· 1989-09-20
  A defendant cannot be convicted of both robbery and grand theft for a single act of taking property, and retroactive application of a statute prohibiting such convictions is prohibited.
• Strickland v. A.P. Propane, Inc.
  721 F. Supp. 284· M.D. Fla.· 1989-09-18
  The court held that the one-year limit on removal for diversity cases, enacted by the Judicial Improvements and Access to Justice Act, applies retroactively to pending cases and divests the court of subject matter jurisdiction if exceeded.
• United States v. Selenske
  882 F.2d 220· 7th Cir.· 1989-07-31
  The court held that the Agricultural Credit Act of 1987 does not apply retroactively to annul foreclosures initiated before its effective date or moratorium.
• Renaldo v. Williams
  546 So. 2d 1120· Fla. 4th DCA· 1989-07-12
• Kenneth v. Hemmerle
  547 So. 2d 203· Fla. 4th DCA· 1989-06-28
  This appeal addresses whether Florida's offer-of-settlement statute (§ 45.061) applies retroactively and whether costs and attorney's fees were properly assessed. The court held that the statute is substantive but applies when an offer of settlement is made, not when the cause of
• Nelson v. ADA
  878 F.2d 277· 9th Cir.· 1989-06-23
  The court held that a 1986 amendment to the Organic Act of Guam did not retroactively ratify a prior Guam statute establishing an elected school board, as the amendment lacked explicit language or necessary implication for retrospective effect. Prior precedent established that th
• Kris COX v. Cmty. Servs. Dep't
  543 So. 2d 297· Fla. 5th DCA· 1989-04-27
  Kris Cox sought damages for injuries sustained diving at a public park owned by Hernando County. The trial court applied a recreational use statute and retroactive sovereign immunity limitations to bar his claim, but the appellate court reversed, holding that the statute did not