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

• Gordon v. State
  501 So. 2d 10· Fla. 5th DCA· 1986-11-26
  The court affirmed the sentence regarding credit for time served but reversed the portion requiring community service in lieu of costs for an indigent defendant.
• Frank Hellinger, M.D. v. Fike
  503 So. 2d 905· Fla. 5th DCA· 1986-11-06
  This medical malpractice case addresses whether a statute of repose bars a claim arising from a 1972 misdiagnosis. The court held that statutes of repose are presumed non-retroactive, and therefore the applicable statute of limitations is the pre-repose version that ran from disc
• Bd. OF Trs. OF the Internal Improvement Fund v. Stevens
  495 So. 2d 167· Fla.· 1986-10-02
  The Marketable Record Title Act, chapter 712, Florida Statutes, does not apply to sovereignty lands, whether the statute was originally enacted or subsequently amended by section 712.03(7) in 1978.
• Cheryl Hargett ad litem for Nathaniel Hargett v. David Limberg, M.D.
  801 F.2d 368· 10th Cir.· 1986-09-18
  The court held that the prior Utah Supreme Court ruling tolling statutes of limitations for minors applied to this medical malpractice claim, and the saving clause of the amended statute allowed the claim to be filed within four years of the amendment's effective date.
• State v. Moore
  489 So. 2d 1130· Fla.· 1986-06-26
• Dale Baker Oldsmobile, Inc. v. Fiat Motors OF N. Am., Inc.
  794 F.2d 213· 6th Cir.· 1986-06-23
  The court held that the 1981 Motor Vehicle Act, specifically section 11, could not be applied retrospectively to a dealer agreement executed before its effective date because it created new obligations and substantive rights, impairing vested contractual rights.
• Chenard v. State
  486 So. 2d 689· Fla. 3d DCA· 1986-04-15
  Trial court's departure from sentencing guidelines without a written statement of reasons violates Florida law and requires resentencing, even though oral explanation was given at sentencing.
• Priest v. State
  483 So. 2d 900· Fla. 1st DCA· 1986-03-07
  The court held that the trial court erred in denying the motion to correct sentence, as the appellant was entitled to credit for time served under a split sentence imposed prior to a statutory amendment.
• Robinson v. State
  484 So. 2d 60· Fla. 2d DCA· 1986-02-28
  The court held that minimum mandatory sentences stemming from a single criminal episode cannot be imposed consecutively.
• United States v. Brandon
  781 F.2d 1051· 4th Cir.· 1986-01-24
  The court held that 38 U.S.C. § 1780(a)(4) provides a right of recovery for educational benefits paid to veterans who do not pass their courses, and recovery does not violate due process.
• Ctr. Bev. Co., Inc. v. Miller Brewing Co.
  779 F.2d 168· 3d Cir.· 1985-12-19
  The court held that the 1980 amendment to the Pennsylvania Liquor Code requiring 'good cause' for termination does not apply retroactively to distributorship agreements entered into before its effective date.
• Dep't OF Revenue v. Naranja Lakes Condo. Ass'ns Nos. One
  480 So. 2d 175· Fla. 3d DCA· 1985-12-17
  The court held that the Department of Revenue is entitled to collect back sales rental taxes for a 3-year period, reversing the trial court's denial of this right.
• Schwabenbauer v. Bd. OF Educ. OF the City Sch. Dist. OF the City OF Olean
  777 F.2d 837· 2d Cir.· 1985-11-22
  The court held that Title VII of the Civil Rights Act of 1964, as amended in 1972, does not apply retroactively to the school board's actions in 1970 regarding maternity leave credit, and therefore, the plaintiff's claim of sex discrimination was not actionable under Title VII.
• Baker v. State
  480 So. 2d 659· Fla. 5th DCA· 1985-11-21
  The court held that a grant of immunity prohibits the use of immunized statements in subsequent prosecution for perjury, and that the sentencing guidelines must be strictly adhered to.
• Capitol Bank & Tr. OF Chicago v. Fascetta
  771 F.2d 1077· 7th Cir.· 1985-08-29
  The court held that the land trust arrangement created a personal property security interest, not an equitable mortgage, and thus homestead rights were not preserved under the pre-1982 Illinois statute.
• Smith v. United Parcel Serv., Inc.
  776 F.2d 99· 4th Cir.· 1985-08-26
  The court held that the six-month limitations period established in DelCostello v. International Brotherhood of Teamsters applies to suits alleging employer breach of a collective bargaining agreement and union breach of its duty of fair representation.
• Klase v. Wendy's OLD Fashioned Hamburgers & Nationwide Ins. Co.
  466 So. 2d 441· Fla. 1st DCA· 1985-04-09
  The Florida First District Court of Appeal reversed a workers' compensation order that denied minimum disability compensation under Section 440.12(2) by retroactively applying a 1983 amendment. The court held that the amendment is substantive law, not procedural, and therefore ap
• Morgan v. Kemper Ins. Cos.
  754 F.2d 145· 4th Cir.· 1985-02-06
  The court held that an insurance agent has a cause of action against an insurer for wrongful termination, even if insurance was not directly placed with that specific insurer, when the insurer is part of a closely related group that collectively penalizes the agent.
• Ventura v. Palm Springs Gen. Hosp.
  463 So. 2d 414· Fla. 1st DCA· 1985-01-31 ·via Retroactivity Of Statutory Amendments
  The court held that a claimant's admitted inexperience in real estate investment and management can constitute competent substantial evidence supporting a deputy commissioner's denial of a lump sum advance of permanent total disability benefits.
• Venning White v. Distribs. Ass'n Warehousemen's Pension Tr.
  751 F.2d 1040· 9th Cir.· 1985-01-15
  The court held that while the district court properly granted summary judgment on the fiduciary duty and age discrimination claims, it erred in denying leave to amend the complaint to add a claim for violations of ERISA's disclosure requirements.
• Bd. OF Trs. OF the W. Conf. OF Teamsters Pension Tr. Fund v. Thompson Bldg. Materials
  749 F.2d 1390· 9th Cir.· 1984-12-27 ·via Retroactive Legislation
  The Multiemployer Pension Plan Amendments Act (MPPAA) is constitutional, and employers withdrawing from multiemployer pension plans are liable for withdrawal liabilities, even if the withdrawal was involuntary due to union action.
• Florene Fruggiero v. Best W. Resort INN & Aetna Ins. Co.
  461 So. 2d 254· Fla. 1st DCA· 1984-12-26 ·via Retroactivity Of Statutory Amendments
  Claimant Fruggiero appeals a deputy commissioner's reduction of her workers' compensation benefits by 50% under Florida Statute § 440.15(3)(b)4. The court affirms the reduction while certifying a constitutional question about whether the statute conflicts with the federal Age Dis
• Deutsch v. Health Ins. Plan OF Greater NEW York
  751 F.2d 59· 2d Cir.· 1984-12-11
  The court held that HIP's failure to provide formal notice of non-renewal, despite Dr. Deutsch's knowledge of HIP's partial breach, did not negate the contract's automatic renewal, and that Dr. Deutsch could recover lost profits for his partnerships as consequential damages.
• Rogers v. Firestone Tire & Rubber Co.
  599 F. Supp. 676· S.D. Fla.· 1984-12-03
  The court held that the third-party complaint must be dismissed because the alleged wrongful acts occurred before the effective date of Florida's Long Arm Statute, and the plaintiff failed to allege sufficient control over distributors under the alternative statute.
• Mann v. Fritz K. Grolock
  454 So. 2d 75· Fla. 1st DCA· 1984-08-16
  This case involves appeals from orders dismissing tort claims against the Department of Professional Regulation (DPR) and its attorney, Frederick Wilsen. The court affirmed the dismissal and summary judgment, finding Wilsen was protected by prosecutorial immunity.
• 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.
• Ryder Sys., Inc. v. Collins
  444 So. 2d 566· Fla. 1st DCA· 1984-01-30 ·via Retroactivity Of Statutory Amendments
  The court held that the 1982 increase in permanent impairment benefits is not retroactive and the award was excessive.
• United States v. Bojorquez-Villagrana
  724 F.2d 842· 9th Cir.· 1984-01-27 ·via Retrospective Application
  The court held that the requirement for an explicit finding under 18 U.S.C. § 5010(d) established in Dorszynski v. United States does not apply retrospectively to sentences imposed before Dorszynski and fully served.
• 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
• Talmadge v. Dist. Sch. Bd. OF Lake Cnty.
  406 So. 2d 1127· Fla. 5th DCA· 1981-05-27 ·via Retroactive Legislation
  Talmadge sued a school board and its employee for injuries sustained during physical education class. The court held that a Florida statute amended to bar suits against government employees cannot be applied retroactively to pending litigation, as it would impair the plaintiff's
• 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