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

• 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
• Jenkins v. Atkins
  515 F.2d 1078· 10th Cir.· 1975-04-03 ·via Retrospective Application
  A federal court may grant habeas corpus relief without requiring a petitioner to resubmit an issue to state courts if the issue has been previously presented and rejected, even if the state court did not fully address the merits.
• 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.
• United States v. Carrillo
  497 F.2d 559· 9th Cir.· 1974-01-08 ·via Retroactive Legislation
  The court held that an order to report for induction under the Military Selective Service Act of 1967 expired with the termination of induction authority on July 2, 1971, and was not revived by the subsequent 1971 Act.
• 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.
• Metro. Dade Cnty. v. Leslie Enters., Inc.
  257 So. 2d 29· Fla.· 1972-01-05 ·via Retrospective Operation Of Statutes
  Metropolitan Dade County sought to dismiss a quiet title action by Leslie Enterprises, arguing sovereign immunity under Florida's waiver statute. The Florida Supreme Court held that the statute's 1970 amendment expanded immunity waiver to include actions involving adverse interes
• 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
• Nussbaum v. United States
  441 F.2d 273· 9th Cir.· 1971-04-23 ·via Retrospective Application
  The court held that the Supreme Court's decision in Haynes v. United States does not apply retrospectively to cases commenced before its pronouncement.
• 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
• Slater v. Stoffel
  411 F.2d 653· 7th Cir.· 1969-06-05 ·via Retroactivity Of Statutory Amendments
  The court held that the district court did not abuse its discretion in denying injunctive relief to stay state court proceedings.
• Am. Sec. & Tr. Co. v. Dist. OF Columbia
  408 F.2d 1295· D.C. Cir.· 1969-02-10 ·via Retroactive Tax Legislation
  The court held that a liquidating dividend attributable to earnings accumulated before January 1, 1939, is subject to District of Columbia income tax, as the relevant statute was amended to include such earnings.
• 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
• Hulick v. Commissioner OF Internal Revenue
  357 F.2d 329· 2d Cir.· 1966-03-08 ·via Retroactivity Of Statutory Amendments
  A municipal court order for child custody and maintenance does not constitute a legal separation under a decree of divorce or separate maintenance for the purpose of filing a joint tax return.
• 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.
• The N.Y. v. The United States
  331 F.2d 865· Ct. Cl.· 1964-05-15 ·via Retroactive Tax Legislation
  The court held that the Retirement-Straight Line Adjustment Act of 1958 did not waive, extend, or revive the statute of limitations for refund claims that were already barred.