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

• 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
• Maude R. Murray v. R.R. Ret. Bd.
  289 F.2d 386· 4th Cir.· 1961-04-29 ·via Retroactivity Of Statutory Amendments
  The petitioner is not entitled to additional annuity payments beyond the widow's insurance annuity awarded, as the employee's revocation of his joint and survivor annuity election was not retroactive to the original election date.
• 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.
• Tugade v. HOY
  265 F.2d 63· 9th Cir.· 1959-03-30 ·via Retroactivity Of Statutory Amendments
  The court affirmed the deportation order, finding all of the appellant's arguments to be without merit.
• 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.
• Addison v. Huron Stevedoring Corp.
  204 F.2d 88· 2d Cir.· 1953-03-20 ·via Retroactive Legislation
  The Portal to Portal Act is constitutional because releasing employers from a part, but not all, of their contractual obligations for overtime pay did not constitute an unconstitutional taking of property without just compensation or a deprivation of property without due process.
• 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
• In re TEN Eyck Co., Inc.
  126 F.2d 806· 2d Cir.· 1942-03-19 ·via Retroactive Tax Legislation
  The court held that the state could not collect taxes under a retroactive statute that was later deemed discriminatory and violative of the State Constitution's equal protection clause.
• Yellow Cab Co. v. United States and three other cases
  123 F.2d 632· 7th Cir.· 1941-11-14 ·via Retroactive Tax Legislation
  The court held that the plaintiffs' contentions regarding the unconstitutionality of the capital stock tax statutes were without merit, affirming the dismissal of their claims.
• 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
• United States v. Garrison
  S.D. Fla.· 1930-03-07 ·via Retroactive Legislation
  A World War I veteran's converted insurance policy issued in 1927 named "Genieve Garrison, his wife" as beneficiary, but the insured was lawfully married to Lillian A. Garrison at that time. The court held that a 1928 amendment to the World War Veterans' Act, made retroactive to
• 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