Retroactive Application Of Statutes

2,390 Florida cases classified under this topic, plus 320 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• 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
• Consolidated Freightways v. Moore
  561 So. 2d 1346· Fla. 1st DCA· 1990-06-01 ·via Retroactivity Of Statutory Amendments
  Consolidated Freightways appeals a workers' compensation judge's decision that increased the claimant's average weekly wage to include mileage reimbursement, temporary living expenses, and moving expenses. The Florida appellate court reversed, holding that such employer reimburse
• 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
• COX v. Wyrick
  873 F.2d 200· 8th Cir.· 1989-04-26
  The court held that the district court did not abuse its discretion in denying a motion for reconsideration of a habeas corpus petition denial, as the new rule cited was inapposite and the prior decision was the law of the case.
• Cassidy v. Buddy Adams
  872 F.2d 729· 6th Cir.· 1989-04-11
  The court held that the extended statute of limitations applied retroactively, extinguishing any vested property right in the overpayments. The dissent argues this ignores the distinction between limitations affecting a right and those affecting a remedy.
• Junior Salesmen OF Fla., Inc. v. Bogeajis
  541 So. 2d 676· Fla. 5th DCA· 1989-03-16
  The court held that the independent contractor was not an agent and therefore not covered by the non-compete statute, even if the statute was retroactively applied.
• Krebs v. State
  534 So. 2d 1236· Fla. 5th DCA· 1988-12-15
  The court held that the 1987 statute regarding multiple departure reasons for sentencing guidelines does not apply retroactively to offenses committed in 1981.
• Jolly v. State
  536 So. 2d 1086· Fla. 4th DCA· 1988-11-16
  Eric Jolly appealed his sentencing after the trial court resentenced him following a prior appellate decision correcting his sentencing guidelines scoresheet. The court held that the resentencing improperly resulted in a total sentence exceeding the guidelines range without writt
• Marion Cnty. Sch. Bd. v. Evon Denise Streetman
  535 So. 2d 299· Fla. 5th DCA· 1988-11-10
• State v. Bowen
  533 So. 2d 851· Fla. 5th DCA· 1988-10-20
  The court held that the trial court erred in departing downward from the sentencing guidelines by retroactively applying a statutory amendment that took effect after the offense occurred.
• Netsky v. United States
  859 F.2d 1· 3d Cir.· 1988-10-12
  The court held that it has jurisdiction to hear the appeal because the district court's decision did not squarely hold an Act of Congress unconstitutional, thus a direct appeal to the Supreme Court was not available under 28 U.S.C. § 1252.
• Clay v. Lynaugh
  849 F.2d 908· 5th Cir.· 1988-06-30
  The court is certifying a question to the Texas Court of Criminal Appeals regarding whether the Texas carving doctrine, if still in effect, would have barred the petitioner's conviction for aggravated rape.
• Reynolds v. Heartland Transp.
  849 F.2d 1074· 8th Cir.· 1988-06-14
  The court held that the three-year statute of limitations for maritime torts, 46 U.S.C.App. § 763a, and the doctrine of laches barred the seaman's suit for injuries sustained before the statute's enactment, as he had a reasonable opportunity to sue after its passage.
• Allstate Ins. Co. v. Skeeters
  846 F.2d 932· 4th Cir.· 1988-05-05
  The court held that the settlement agreement violated Allstate's subrogation rights under the insurance policy, and the subsequent statutory amendment disallowing subrogation did not apply retroactively to void these pre-existing contractual rights.
• Dominguez v. Bucyrus-Erie Co.
  520 So. 2d 268· Fla.· 1988-02-18
  The Florida Supreme Court upheld the dismissal of a product liability action brought by Juan Dominguez for injuries sustained more than twelve years after machinery delivery, holding that the 1983 legislative abolishment of the statute of repose did not apply retrospectively to c
• Rodriguez v. Klaisler Mfg. Corp.
  520 So. 2d 28· Fla.· 1988-02-11 ·via Retrospective Operation Of Statutes
• United States v. VAN Horn
  836 F.2d 1235· 9th Cir.· 1988-01-14
  The court held that the 1981 amendments to the Lacey Act, which require a felony conviction for forfeiture, do not apply retroactively to offenses committed before their enactment.
• Desvergundt v. Koppers Co., Inc.
  517 So. 2d 683· Fla.· 1988-01-07
• AAA Guaranteed Mortg., Inc. v. State
  517 So. 2d 761· Fla. 2d DCA· 1987-12-30
  The court held that the statute authorizing fines could not be applied retroactively to conduct that occurred before its effective date.
• Wells v. Michaud
  516 So. 2d 1066· Fla. 4th DCA· 1987-12-16
  The court reversed a trial court's dismissal of a personal injury claim, holding that the dismissal was improper on both grounds cited: failure to timely prosecute and failure to serve an indispensable party.
• The Me. Cent. R.R. Co. v. Brotherhood OF Maintenance OF WAY Employees
  835 F.2d 368· 1st Cir.· 1987-12-11 ·via Retroactive Legislation
  Congress's imposition of financial burdens through the Second Act to resolve a specific labor dispute did not violate the Fifth Amendment's Equal Protection or Due Process clauses, nor the doctrine of separation of powers.
• Bowers v. The Firestone Tire & Rubber Co.
  832 F.2d 64· 5th Cir.· 1987-11-12
  The court held that by settling with two codefendants, the plaintiffs relinquished their right to claim prejudgment interest on the portion of the judgment attributable to those settling defendants, and the remaining defendant was only liable for prejudgment interest on its propo
• Young v. Biggers
  826 F.2d 1399· 5th Cir.· 1987-08-26
  The court denied petitions for rehearing and suggested that the trial court may dismiss certain defendants on limitations or immunity grounds upon remand.
• Braziel v. Stokes Automatic Molding Equipment
  510 So. 2d 1065· Fla. 4th DCA· 1987-07-29
  The Fourth District affirmed the trial court's denial of summary judgment in a product liability case and certified questions to the Florida Supreme Court regarding the retroactive application of the 1983 amendment abolishing the statute of repose under Florida Statutes § 95.031(
• Young v. State
  509 So. 2d 1339· Fla. 1st DCA· 1987-07-21
  The court held that a jury instruction on excusable homicide, which verbatim recited the statute including language about dangerous weapons, was misleading and reversible error when the facts did not support its exclusion. Additionally, imposing community control for a misdemeano
• Viviene W. Makowiecki v. Sturm
  510 So. 2d 345· Fla. 2d DCA· 1987-07-17
  A plaintiff injured by an allegedly defective gun appeals a summary judgment based on Florida's statute of repose, which bars products liability actions more than twelve years after delivery to the original purchaser. The court affirms the summary judgment, holding the statute of
• Howard v. State
  508 So. 2d 42· Fla. 4th DCA· 1987-06-10
  A youthful offender convicted of armed robbery and aggravated assault challenges the revocation of his community control status, arguing that applying an amended 1985 statute to his conduct violates the ex post facto prohibition. The court affirms, holding that the amended statut
• Ricardo v. State
  504 So. 2d 539· Fla. 1st DCA· 1987-04-01
• Paige v. Fla. Dep't OF Transp. & Hubbard Constr. Co.
  502 So. 2d 96· Fla. 5th DCA· 1987-02-12
  The court held that the statute of repose was unconstitutional when the cause of action accrued and that its subsequent reenactment did not apply retroactively to bar the claim.
• Dominguez v. Bucyrus-Erie Co.
  503 So. 2d 364· Fla. 3d DCA· 1987-02-11
• Saadia L. Bibbs v. State
  500 So. 2d 660· Fla. 5th DCA· 1986-12-31
  The court held that applying section 27.3455, Florida Statutes, to crimes committed before its enactment is an impermissible retroactive application of law.
• Coban v. State
  502 So. 2d 1262· Fla. 2d DCA· 1986-12-30 ·via Retroactive Application Of Sentencing Statutes
  Where a defendant pled guilty to first-degree murder pursuant to a negotiated plea without being advised of the mandatory 25-year minimum before parole eligibility, and no direct appeal challenged the sentence's legality, the appellate court affirmed that the sentence is a negoti
• Folta v. Joseph Bolton, M.D.
  806 F.2d 994· 11th Cir.· 1986-12-22
  The court held that attorney's fees under Fla.Stat. § 768.56 are improper for causes of action that accrued prior to July 1, 1980, and the district court's denial of such fees was correct.
• Bailie v. State
  498 So. 2d 602· Fla. 2d DCA· 1986-12-03
  Russell Bailie was convicted of two counts of marijuana sale and sentenced to eight and one-half years in prison plus various costs. On appeal, the court found the trial judge erred by denying Bailie the opportunity to elect sentencing under the guidelines and by imposing court c