Retroactive Application Of Statutes

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

• Parris v. United States
  440 F.2d 407· 5th Cir.· 1971-03-29
  The court held that the appellant is not entitled to credit for pre-sentencing custody time because the relevant statutory amendment is not retrospective and the trial court had already considered the custody time.
• In re Higginbotham v. Lansing
  430 F.2d 155· 7th Cir.· 1970-07-28
  The court held that the 1967 amendment to the Bankruptcy Act did not retroactively disallow compensation for services rendered before its enactment, and that the district court erred in reducing the trustee's attorney fees without sufficient basis.
• United States v. Bluhm
  414 F.2d 1240· 7th Cir.· 1969-07-25
  The court held that the federal tax liens were valid encumbrances and were not discharged in the real estate tax sale because the United States, as a senior lienholder, was an indispensable party to the state court proceedings, which constituted an unconsented suit against the Un
• Jones v. State
  223 So. 2d 790· Fla. 3d DCA· 1969-06-10
  Willie Jones was convicted of assault with intent to commit rape in a joint trial with four co-defendants. The Florida appellate court initially affirmed his conviction, but after the U.S. Supreme Court retroactively changed the law in Bruton v. United States to require automatic
• Rivenbark v. Johns
  211 So. 2d 233· Fla. 1st DCA· 1968-04-18
  This case involves a petition for review of cost judgments entered after a remand. The appellants argued that a 1967 amendment to a statute mandatorily required the assessment of bond premiums and court reporter expenses as costs. The court held that the amendment did not apply t
• In re Stalnaker's Estate
  32 Fla. Supp. 160· Duval Cty. J. Ct.· 1968-04-16
  A railroad company sought to reopen a closed estate to pursue a property damage claim arising from a train-automobile collision, despite missing the creditor claim deadline. The court granted the petition, finding that an unadministered automobile liability insurance policy const
• KUM Chor Chee v. Ramsey Clark
  384 F.2d 918· 9th Cir.· 1967-10-19
  The court held that the 1940 Act's provision for a declaratory judgment action to establish nationality was not limited to claims arising after its enactment and that the 1952 Act's savings clause did not bar such claims.
• Yates v. Peyton
  378 F.2d 57· 4th Cir.· 1967-05-30
  The court held that there was no actual conflict of interest or unfairness warranting retroactive application of a per se rule.
• Feldman v. State
  195 So. 2d 242· Fla. 4th DCA· 1967-02-07
  The court held that incriminating statements made by defendants were admissible, even if made before independent proof of the corpus delicti, and that the trial occurred before Miranda v. Arizona, making its retrospective application inapplicable.
• Bashlor v. Wainwright
  189 So. 2d 800· Fla.· 1966-07-06
  The Court held that the rule established in Escobedo v. State of Illinois, concerning the right to counsel during custodial interrogation, is not to be applied retrospectively to cases that predated its decision. Furthermore, while indigent defendants have a right to appeal, the
• Thomas v. State
  180 So. 2d 401· Fla. 1st DCA· 1965-11-23
  The Florida District Court of Appeal affirmed a lower court's dismissal of a motion to vacate a conviction, finding that the order was effectively final and appealable, but that the conviction itself was not subject to retroactive application of the Escobedo rule.
• Knox v. Int'l Union
  351 F.2d 72· 6th Cir.· 1965-10-12
  The court held that the Labor-Management Reporting and Disclosure Act of 1959 does not apply retroactively to expulsions that occurred before its effective date, and claims of unfair labor practices fall under the exclusive jurisdiction of the National Labor Relations Board.
• United States v. Transamerica Corp.
  345 F.2d 765· 9th Cir.· 1965-04-12
  The court held that the change in accounting method was initiated by the taxpayer, allowing the Commissioner to apply Internal Revenue Code Section 481(a) adjustments.
• Aklin v. United States
  340 F.2d 746· 2d Cir.· 1965-01-15
  An alien who applied for and received a discharge from military service on the grounds of alienage is permanently ineligible for U.S. citizenship, even if the application was made after induction.
• Abrams v. The United States
  311 F.2d 230· Ct. Cl.· 1962-12-05
  The court held that the Secretary of the Army's determination of the highest rank "satisfactorily held" for retired pay purposes, based on reasonable criteria like a six-month duration and excluding terminal leave promotions, was lawful and within his statutory discretion. The co
• Indem. Ins. Co. OF N. Am. v. The Bd. OF Pub. Instruction OF Broward Cnty.
  141 So. 2d 315· Fla. 2d DCA· 1962-05-02
  Indemnity Insurance Company appeals a summary judgment in favor of a materialman who sued for unpaid materials supplied to a subcontractor on a public school construction project. The surety bond company argues the plaintiff's claim is barred by a one-year statute of limitations
• Carolina Lumber Co. v. Grose
  16 Fla. Supp. 185· Duval Cty. Cir. Ct.· 1960-06-27
  Carolina Lumber Co. sought to foreclose a materialman's lien for building materials furnished to a residence construction project. The court held that the materialman was required to credit a $2,000 cash payment to the Grose job account (the source of the funds) rather than to ot
• Ambassador Hotel Co. OF LOS Angeles v. Commissioner OF Internal Revenue
  280 F.2d 303· 9th Cir.· 1960-06-10
  The court held that the Tax Court correctly determined that the Commissioner's assessment of income tax deficiency was timely under § 3807 of the 1939 Internal Revenue Code, and that the repeal of § 3807 was prospective, not retroactive.
• Gen. Motors Acceptance Corp. v. George E. Saliba in Bankruptcy of Mrs. Lottie Thompson Griffin
  260 F.2d 262· 5th Cir.· 1958-10-24
  The court held that a Georgia statute enacted after a conditional sales contract was executed, but before bankruptcy proceedings, applied retroactively to make the seller's unrecorded claim superior to the trustee's.
• Wolf v. Brownell
  253 F.2d 141· 9th Cir.· 1957-11-27
  The court held that 8 U.S.C.A. § 1401(a)(7) is not retroactive, and therefore the appellant, born abroad to an alien father and an American mother before the statute's effective date, is not a citizen under that provision.
• Seal v. Am. Legion Post NO. 492
  245 F.2d 908· 7th Cir.· 1957-06-21
  The court held that the one-year statute of limitations amendment to the Illinois Dram Shop Act applied retroactively to minors, barring their claim.
• Mondakota GAS Co. v. Fed. Power Comm'n
  232 F.2d 358· D.C. Cir.· 1956-03-15
  The court held that the 1953 amendment to Section 28 of the Mineral Lands Leasing Act applies to existing natural gas pipelines, relieving them of common carrier obligations if they are subject to specified regulation.
• Elfmon v. United States
  209 F.2d 642· 4th Cir.· 1954-01-04
  The court held that a fraud penalty under 26 U.S.C. § 293(b) requires a tax deficiency at the time the return is filed, and thus cannot apply if subsequent law changes eliminate the tax liability.
• Edelson v. Sweet
  197 F.2d 146· 2d Cir.· 1952-06-06
  The court held that the statutory amendment applies retroactively to shorten the petitioner's parole supervision period.
• Susman v. Escambia Cnty.
  190 F.2d 809· 5th Cir.· 1951-06-30
  The court held that the specific statute relied upon by the appellant for a refund of excess sale proceeds does not apply when the county purchases the tax certificate, as there can be no excess in such a scenario.
• Petition of Tucci
  187 F.2d 690· 2d Cir.· 1951-03-14
  The court held that the petitioner's past membership in and advocacy for the Italian Fascist party, a form of totalitarianism, rendered him ineligible for naturalization under the Internal Security Act of 1950, and this law applied retroactively to his pending petition.
• Commissioner of Internal Revenue v. Cmty. Pub. Serv. Co.
  183 F.2d 765· 5th Cir.· 1950-08-05
  The court held that a 1943 amendment to tax statutes, which provided for its application to taxable years beginning after 1933 but not affecting tax liability prior to 1943, allowed for the recomputation of unused excess profits credits from prior years for carry-over purposes to
• Slack v. Rich
  182 F.2d 706· D.C. Cir.· 1950-06-19
  The court held that a prior dismissal order, operating as an adjudication on the merits, is res judicata and bars the present action.
• Roth v. Delano
  180 F.2d 574· 6th Cir.· 1950-01-26
  The court held that the Michigan escheat statute was not intended to apply retroactively to receiverships that began before its enactment.
• Holderman v. Hidalgo Cnty. Water Control & Improvement Dist. NO. 12
  142 F.2d 792· 5th Cir.· 1944-05-19
  A holder who knows of facts making bonds subject to scaling is not a holder in due course and is subject to defenses against the bonds.
• Wilson v. Relin
  135 F.2d 99· 2d Cir.· 1943-04-06
  The court held that New York Insurance Law sections 55-b and 166(1) do not apply retroactively to debts incurred before their effective dates. The court also found that the 'facility-of-payment' policies were not proven to be for the benefit of someone other than the bankrupt's e
• Kan. City Life Ins. Co. v. Bowns
  129 F.2d 287· 10th Cir.· 1942-06-25
  The court held that the 1917 Utah statute, which prevented insurers from denying life insurance claims due to suicide after the first policy year, applied to the policy issued in 1924, and the 1931 amendment to the statute was not retroactive.
• People of Puerto RICO v. Nat'l City Bank of N.Y.
  128 F.2d 493· 1st Cir.· 1942-05-29
  The court held that Puerto Rico's Act No. 14 of 1933 grants consent for the People of Puerto Rico to be sued in federal court when a prior lienholder seeks to enforce their lien against property acquired by the People of Puerto Rico through a tax sale, regardless of the specific
• Alva Brand v. Anderson
  140 Fla. 707· Fla.· 1939-11-17
  The Florida Supreme Court affirmed the appointment of a curator for an allegedly incompetent woman's estate under Chapter 17976, Acts of 1937, rejecting the appellant's challenges that the statute was prospective only and that he had standing to intervene in the curatorship proce
• Shoreham Operating Co. v. Land Title Bank & Tr. Co.
  140 Fla. 227· Fla.· 1939-10-10
  This case concerns whether a foreign trust company holding land in Florida for beneficiaries must qualify to do business in the state before suing for trespass. The court held that it did not need to qualify, as the trespass action was not considered 'doing business' under the re
• Phillips v. The Sec. Inv. Corp.
  117 Fla. 254· Fla.· 1934-11-14
  The Florida Supreme Court affirmed a trial court's rejection of a homestead defense to a tax certificate foreclosure, holding that a 1931 statute limiting foreclosure actions on homestead property applies only prospectively and does not retroactively protect tax certificates issu
• Commercial Bldg. Co. v. Euphemia L. Kelliher and Patrick F. Kelliher
  101 Fla. 382· Fla.· 1931-04-28
  This case concerns a subsequent grantee's suit against the original grantors, a married couple, for breach of a warranty of title. The court held that the wife, due to statutory limitations in place at the time of the deed's execution, was not personally liable for damages on her
• Frazier v. State
  87 Fla. 235· Fla.· 1924-03-10
  The Florida Supreme Court reversed Frazier's conviction for drunkenness because the Circuit Court lacked jurisdiction. The offense was allegedly committed on January 12, 1921, before the Revised General Statutes took effect on February 6, 1921, and the only valid statute governin