Retroactive Application Of Statutes

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

• Hatcher v. B.K. Roberts
  453 So. 2d 464· Fla. 1st DCA· 1984-07-18
  The court reversed the dismissal of an insurance company because the statute requiring a judgment against an insured before suing the insurer did not apply retroactively to claims arising before its October 1, 1982 effective date.
• Campanale v. Harris
  724 F.2d 276· 2d Cir.· 1983-12-09
  A federal court should not grant habeas corpus relief for a claim based on a new Supreme Court rule if the petitioner has not first presented that claim to the state courts, absent specific exceptions to the exhaustion requirement.
• Randel v. Gen. Ins. Co.
  439 So. 2d 986· Fla. 3d DCA· 1983-10-25
  Joann Randel sued a liability insurer (General Insurance Company) for damages from a 1980 automobile accident. The insurer invoked a newly enacted Florida statute requiring that a judgment be obtained against the insured before suing the insurer directly. The court held the statu
• Cape Sable Corp. v. Metro. Dade Cnty.
  437 So. 2d 728· Fla. 3d DCA· 1983-09-06
  Cape Sable Corporation purchased a tax sale certificate in 1977 and received a tax deed in 1979. Florida amended its tax code in 1979 to allow county liens to survive tax deeds, but the court held this amendment did not retroactively apply to certificates purchased before the cha
• United States v. Sec. Pac. Fin. Co.
  704 F.2d 142· 4th Cir.· 1983-04-14
  The Court held that 11 U.S.C. § 522(f)(2) was not intended to apply retrospectively to pre-enactment property rights.
• Karl v. Bryant AIR Conditioning Co. & Carlysle Compressor Co.
  705 F.2d 164· 6th Cir.· 1983-04-13
  The court held that Michigan's products liability statute, which applies comparative negligence principles to all products liability actions, could be applied retroactively to an implied warranty action that accrued and was filed before the statute's enactment but tried afterward
• Sol M. Ross v. Barnett
  422 So. 2d 1040· Fla. 3d DCA· 1982-11-30
  Section 687.03(5)(a) applies retroactively to pre-July 1, 1979 loans with adjustable interest rates, and a promissory note with a fluctuating rate pegged to prime is an adjustable-rate note excepted from usury limits, making excess interest a breach of contract claim rather than
• Meli v. Admiral Ins. Co. & Linda Speedy
  413 So. 2d 135· Fla. 3d DCA· 1982-04-27
  A minor sued her public school physical education instructor for negligence after a gymnastics injury in 1976. The trial court granted summary judgment based on a 1980 statute granting absolute immunity to public employees, but the appellate court reversed, holding that the statu
• Eldridge Pizarro v. State
  403 So. 2d 1364· Fla. 4th DCA· 1981-09-23
  Eldridge Pizarro appeals his two concurrent thirty-year sentences for burglary and attempted sexual battery imposed on remand after this court vacated his original Youthful Offender Act sentence. The court affirms, holding that the State's appeal of the original sentence authoriz
• Ala. State Docks Dep't v. Bunge Corp.
  655 F.2d 64· 5th Cir.· 1981-09-04
  The dissent argues the majority misinterprets the grain storage tariff, failing to address the primary ambiguity regarding its application to storage terms that began before the tariff's effective date.
• Peninsular Life Ins. Co. v. Picklesimer
  402 So. 2d 1326· Fla. 4th DCA· 1981-08-26
  This case concerns whether a workers' compensation carrier is entitled to a pro rata distribution from a settlement obtained by an injured employee against a third-party tortfeasor, when the employee was 100% at fault.
• Ackerley Commc'ns, Inc. v. State
  401 So. 2d 1358· Fla. 3d DCA· 1981-06-30
  Ackerley Communications appealed a determination that it was a successor employer to two advertising corporations and thus liable for increased unemployment compensation contributions. The court affirmed the agency's finding that Ackerley succeeded to the going business and enter
• Stuyvesant Ins. Co. v. Square D. Co.
  399 So. 2d 1102· Fla. 3d DCA· 1981-06-23
  Stuyvesant Insurance Company, which paid fire damage claims at an apartment complex and was subrogated to the owners' rights, sued the manufacturer and engineer involved in the electrical system that caused the fire. The trial court granted summary judgment for both defendants, b
• Miller v. State
  399 So. 2d 472· Fla. 2d DCA· 1981-06-03
• Ship Shape & CNA Ins. Co. v. Ellis K. Taylor
  397 So. 2d 1199· Fla. 1st DCA· 1981-05-07
  The court held that it has no authority to award appellate attorney's fees against the employer/carrier because the relevant statute was not in effect at the time of the claimant's injury or when the appeal was instituted.
• James v. Louie L. Wainwright
  636 F.2d 1018· 5th Cir.· 1981-02-12
  The court held that the district court erred by not applying the Jackson v. Virginia standard for sufficiency of evidence.
• Hollowell v. Julio Jove, M.D.
  628 F.2d 513· 5th Cir.· 1980-10-22
  The court deferred decision and certified questions of Georgia law to the Supreme Court of Georgia, finding no clear controlling precedent.
• Revis v. Laird
  627 F.2d 982· 9th Cir.· 1980-09-15
  Title VII remedies are not available retroactively to federal employees whose claims were not pending administratively or judicially on the amendment's effective date. A federal employee is not entitled to a trial de novo under 42 U.S.C. § 1981 if they received a full and fair ad
• State v. Talmadge Wayne Whiddon
  384 So. 2d 1269· Fla.· 1980-07-17
  The court held that the Florida RICO Act can be constitutionally applied if at least one predicate act occurred after its effective date, but not if all alleged acts occurred prior to the effective date.
• Moreno v. Fid. & Cas. Co. of N.Y.
  385 So. 2d 127· Fla. 3d DCA· 1980-06-17
  The court reversed summary judgment and held that an insured could stack underinsured motorist coverages from two policies for an accident occurring before the statutory prohibition took effect, entitling the insured to $15,000 in total coverage.
• Strachen v. State
  380 So. 2d 487· Fla. 3d DCA· 1980-02-19
  Alvin Strachen appealed an order discharging him from a mental sex offender program and imposing a sentence. The Florida Third District Court of Appeal affirmed, holding that the trial court did not abuse its discretion in refusing to return him to the program and that he was not
• State v. Swinscoe
  376 So. 2d 1· Fla.· 1979-10-04
  The Florida Supreme Court held that documentary stamp tax statutes concerning cooperative apartment ownership could only be applied prospectively, not retroactively to owners who acquired their interests before the statutes' enactment. The Court also reversed the trial court's fi
• Carmelo Gonzalez v. State
  367 So. 2d 1008· Fla.· 1979-02-08
  The Florida Supreme Court held that general sentences (imposing a single sentence for multiple convictions without apportionment among counts) are improper and must be vacated. The court also applied the "single transaction" rule to determine that petitioner could receive only tw
• Raines v. Palm Beach Leisurville Cmty. Ass'n, Inc.
  48 Fla. Supp. 94· Palm Beach Cty. Cir. Ct.· 1978-11-14
  In this class action case, the trial court determined that Palm Beach Leisureville Community Association, Inc. is subject to Florida's Condominium Act (Chapter 718) because it operates and manages condominium property, even though it also manages non-condominium units. The court
• Leigh v. The United States
  586 F.2d 121· 9th Cir.· 1978-11-09
  The court held that the amended Oregon comparative negligence statute, which applies retroactively to cases 'tried' after its effective date, does not apply to cases tried before that date, even if they are still pending on appeal.
• Fla. Power & Light Co. v. Westinghouse Elec. Corp.
  579 F.2d 856· 4th Cir.· 1978-06-30
  The Uniform Commercial Code applies to a contract formed after its effective date, even if an option to enter that contract was granted before the effective date. However, the U.C.C. does not apply to contracts entered into before its effective date, even if events or breaches oc
• Wisener v. AIR Express Int'l Corp.
  583 F.2d 579· 2d Cir.· 1978-06-15
  The court held that the amended by-law providing for indemnification was intended to apply retroactively to the litigation expenses incurred by the officer, and that current Illinois law supports such indemnification.
• von Atkinson v. Smith
  575 F.2d 819· 10th Cir.· 1978-05-12
  A defendant cannot be sentenced for a crime with which they were not charged and to which they did not plead guilty, even if the sentence is less than for the charged offense.
• Buckley Towers Condo., Inc. v. Buchwald
  356 So. 2d 1306· Fla. 3d DCA· 1978-03-28
  Buckley Towers Condominium appeals the dismissal of its action seeking to enforce a statutory right of first refusal on the sale of a lessor's interest in a recreational lease. The court holds that the applicable statute cannot be retroactively applied to a lease executed before
• Purifoy v. Mercantile-Safe Deposit & Tr. Co.
  567 F.2d 268· 4th Cir.· 1977-12-14
  The court affirmed the District Court's judgment declaring Carolyn Purifoy a child under testamentary and trust instruments, finding the application of a state statute amendment was not an unconstitutional retroactive divestiture of vested interests.
• Regency Towers OF Naples, Inc. v. Arnold
  350 So. 2d 18· Fla. 2d DCA· 1977-09-09
• Parker v. Estelle
  558 F.2d 312· 5th Cir.· 1977-08-29
  The court held that a prior panel's factual finding that the jury considered the defendant's pre-trial hospitalization time when sentencing was fully and fairly litigated, barring a subsequent habeas corpus petition on the same grounds.
• Application of Jacksonville Suburban Utilties Corp.
  47 Fla. Supp. 73· Fla. P.S.C.· 1977-07-20
  The Florida Public Service Commission upheld its authority to apply increased service availability charges for sewer service to all customers, including those with pre-existing developer agreements. The Commission rejected Fletcher Properties' argument that a contract predating t
• Bush v. State
  338 So. 2d 255· Fla. 4th DCA· 1976-10-15
  The trial court lacked authority to impose a split sentence for a drug offense committed before the legislature expanded split sentencing authority to felonies, so the sentence was reversed and remanded for resentencing.
• Pizarro v. State
  330 So. 2d 789· Fla. 1st DCA· 1976-04-30
  Pizarro appeals his conviction for assault to commit involuntary sexual battery, challenging whether a retroactive criminal code provision should apply to his case where the underlying offense statute was repealed. The court holds that the retroactive code provision applies only
• Goodman v. Miami Crane Serv., Inc.
  43 Fla. Supp. 102· Dade Cty. Cir. Ct.· 1975-10-29
  A plaintiff injured at a construction site sued a subcontractor for negligence. The defendant claimed immunity under Florida's Workmen's Compensation Law based on the law in effect when the injury occurred, but the court held that a 1974 statutory amendment removing such immunity
• Kartub v. Kartub
  312 So. 2d 815· Fla. 4th DCA· 1975-05-09
  A husband appealed a contempt of court order for terminating child support payments when his 18-year-old daughter reached that age following a 1973 Florida statute that lowered the age of majority from 21 to 18. The court held that the statute applied prospectively only and did n
• In re Est. of Joan Scheib Geringer v. Goldman
  300 So. 2d 710· Fla. 3d DCA· 1974-09-17
  A Florida appellate court affirmed a probate judge's denial of dower rights to the surviving husband of a decedent, holding that amended dower statutes enacted after the decedent's death do not apply retroactively to estates where administration commenced before the effective dat
• Perry v. Ciccone
  500 F.2d 599· 8th Cir.· 1974-07-23
  Petitioners sentenced under 26 U.S.C. § 7237(d) are not eligible for parole, even after its repeal, if their sentences were imposed before the repeal's effective date.
• Sec. & Exch. Comm'n v. Guar. Bond & Sec. Corp.
  496 F.2d 145· 6th Cir.· 1974-04-23
  The Securities Investor Protection Act (SIPA) applies to a broker-dealer that conducted substantial business after the Act's effective date, even if it was in financial difficulty prior to enactment, and a receiver has standing to seek enforcement of SIPA.
• Est. of James L. Thomson v. Commissioner OF Internal Revenue
  495 F.2d 246· 2d Cir.· 1974-03-27
  The court held that post-1931 income accumulations in a trust, where the grantor retained the power to distribute or accumulate income, constitute 'transfers' within the meaning of I.R.C. § 2036(a), making such accumulations includible in the grantor's gross estate.
• Westchester Fire Ins. Co. v. Ring Bros. Heating Co.
  491 F.2d 711· 6th Cir.· 1974-01-22
  Michigan Compiled Laws § 600.6013 does not amend casualty insurance policies that limit interest payment to accrual after judgment.
• Anderson v. Watling Ladder Co., Inc.
  472 F.2d 576· 6th Cir.· 1973-01-25
  The court held that Tennessee law requires privity of contract for warranty actions, and a recent legislative change abolishing this requirement is substantive and not retroactive.
• Talavera v. Louie L. Wainwright
  468 F.2d 1013· 5th Cir.· 1972-10-26
  The court held that the petitioner was denied due process by the retroactive application of a stricter severance standard and by the summary denial of his motion without an opportunity to present its merits.
• White v. Brown
  468 F.2d 301· 9th Cir.· 1972-09-29
  The court held that the appellant lacked standing to challenge the ballot initiative because the initiative, by its terms, would not apply retroactively to his case, and even if it did, such application would violate the Ex Post Facto Clause.
• Driscoll v. Gebert
  458 F.2d 421· 9th Cir.· 1972-04-20
  A new California long arm statute, Code of Civil Procedure § 410.10, applies to actions pending before its effective date, allowing for personal jurisdiction over defendants served under its provisions.
• Boast Laster, Jr. v. State
  254 So. 2d 29· Fla. 3d DCA· 1971-11-02
  Affirmed conviction for rape where trial court properly examined voluntariness of confession under pre-Miranda standards, and Miranda does not apply retroactively to 1964 conviction.
• Robert E. Marx, Inc. v. Elma Hacking Scarney
  253 So. 2d 722· Fla. 3d DCA· 1971-10-26
  The court held that the trial court correctly quashed substituted service because the "wrongful action" statute, enacted after the alleged breach of contract, did not apply retrospectively.
• Neel v. Neel
  255 So. 2d 698· Fla. 4th DCA· 1971-09-09
  In this divorce appeal, the Florida District Court of Appeal addressed whether a trial court could award permanent alimony and child support when the divorce complaint was dismissed for lack of sufficient corroborating testimony, meaning no divorce was granted. The court held tha
• Willis v. Willis
  254 So. 2d 59· Fla. 2d DCA· 1971-06-25