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

• Therrien v. State
  859 So. 2d 585· Fla. 1st DCA· 2003-11-25 ·cited 39×
  John Richard Therrien challenges his designation as a sexual predator under Florida's Sexual Predator Act, arguing the 1998 amendment violates separation of powers and procedural due process, and was improperly applied retroactively to his 1997 convictions. The court affirms the
• Metro. Dade Cnty. v. The State of Fla. Dep't OF Env't Prot. & Sekoff Invs., Inc.
  714 So. 2d 512· Fla. 3d DCA· 1998-06-10 ·cited 39×
  Miami-Dade County appealed the Florida Department of Environmental Protection's (FDEP) decision approving Sekoff Investments' eligibility for the Florida Drycleaning Contamination Cleanup Program. The County contended that Sekoff committed gross negligence by willfully violating
• S. Bakeries & Kemper Grp. v. Corwin Cooper
  659 So. 2d 339· Fla. 1st DCA· 1995-04-11 ·cited 39×
  The court held that section 440.13(5)(e), Florida Statutes (Supp.1994), which restricts admissible medical testimony, does not apply retroactively to injuries sustained before its effective date because it alters substantive rights.
• Dupree v. State
  615 So. 2d 713· Fla. 1st DCA· 1993-01-11 ·cited 39×
  Tony Dupree was convicted of first-degree premeditated murder in the death of Clara Lawrence. The First District Court of Appeal affirmed the sufficiency of evidence for premeditation but reversed and remanded for a new trial because the trial court erroneously instructed the jur
• Francis v. Barton
  581 So. 2d 583· Fla.· 1991-06-15 ·cited 39×
  Bobby Marion Francis, a death row inmate with three death warrants signed, seeks post-conviction relief and habeas corpus review of his first-degree murder conviction and death sentence. The Florida Supreme Court denies all relief, finding that Francis's claims are procedurally b
• Walls v. State
  213 So. 3d 340· Fla.· 2016-10-20 ·cited 38×
  Frank Walls, sentenced to death for two murders, appealed the circuit court's summary denial of his claim that he is intellectually disabled and therefore ineligible for execution under Atkins v. Virginia. The Florida Supreme Court reversed and remanded for an evidentiary hearing
• Brooks v. Ashcroft
  283 F.3d 1268· 11th Cir.· 2002-03-01 ·cited 38×
  James R. Brooks, a Honduran lawful permanent resident convicted of an aggravated felony in 1995 before statutory changes eliminated discretionary relief, petitioned for review of a removal order. The Eleventh Circuit dismissed the petition for lack of jurisdiction under 8 U.S.C.
• In re Medina
  109 F.3d 1556· 11th Cir.· 1997-03-24 ·cited 38×
  Pedro Medina, sentenced to death for auto theft and first-degree murder, filed a second federal habeas corpus petition after his first petition was denied and his conviction affirmed. The Eleventh Circuit held that the Antiterrorism and Effective Death Penalty Act (AEDPA) amendme
• Nelms v. State
  596 So. 2d 441· Fla.· 1992-03-12 ·cited 38×
  Kevin Nelms sought postconviction relief based on Spencer v. State, which declared unconstitutional a Palm Beach County administrative order that systematically excluded black citizens from jury pools. The Florida Supreme Court denied relief, distinguishing Nelms' case from Morel
• McCUISTON v. State
  507 So. 2d 1185· Fla. 2d DCA· 1987-05-29 ·cited 38×
  Timmy Ray McCuiston appealed the denial of his Rule 3.850 motion for post-conviction relief challenging his habitual felony offender sentence. The court affirmed the denial, holding that the Whitehead decision invalidating habitual offender status as a sentencing guideline depart
• Pait v. Ford Motor Co.
  500 So. 2d 743· Fla. 5th DCA· 1987-01-15 ·cited 38×
  Sharon Pait appealed a dismissal of her wrongful death action against Ford Motor Company based on Florida's 12-year statute of repose for product liability claims. The court affirmed the dismissal, holding that the statute was constitutional under Pullum v. Cincinnati, Inc., and
• Hastings v. Earth Satellite Corp. & Cont'l Cas. Co.
  628 F.2d 85· D.C. Cir.· 1980-03-19 ·cited 38×·via Retroactivity Of Statutory Amendments
  The court held that the repeal of the $24,000 permanent-partial disability ceiling applies retroactively, and that the calculation of permanent-total disability benefits must reflect the claimant's progressive increase in earning capacity, not a mechanical average.
• Bertot v. Sch. Dist. NO. 1
  613 F.2d 245· 10th Cir.· 1979-11-26 ·cited 38×
  The dissenting judge would affirm the district court's judgment, finding the Board entitled to immunity based on good faith.
• Alton F. Martin v. Bankers Tr. Co. Diversified Corporate Servs., Inc.
  565 F.2d 1276· 4th Cir.· 1977-11-09 ·cited 38×
  The court held that ERISA's substantive provisions do not apply to causes of action that arose before January 1, 1975, and thus the district court lacked subject matter jurisdiction.
• Brown v. Gen. Servs. Admin.
  507 F.2d 1300· 2d Cir.· 1974-11-21 ·cited 38×
  The court held that Section 717(c) of the Equal Employment Opportunity Act of 1972 applies retroactively to pending claims, preempts other jurisdictional bases, and requires strict compliance with its 30-day filing period, which the appellant failed to meet.
• Carmel v. Carmel
  282 So. 2d 6· Fla. 3d DCA· 1973-06-26 ·cited 38×
  An ex-wife appeals a post-divorce modification order that retroactively applied Florida's new no-fault divorce law to reclassify her permanent alimony as rehabilitative and reduce it to zero over two years. The appellate court reversed, holding that the no-fault statute does not
• Pa. Water & Power Co. v. Fed. Power Comm'n
  123 F.2d 155· D.C. Cir.· 1941-10-20 ·cited 38×
  The court affirmed the Commission's finding of navigability for the river.
• United States v. Jones
  962 F.3d 1290· 11th Cir.· 2020-06-16 ·cited 37×
  The Eleventh Circuit affirmed denials for Jones and Jackson, but vacated denials for Allen and Johnson, remanding for clarification on whether the district court understood its discretion to reduce sentences under the First Step Act.
• Timothy D. O'Leary, M.D. v. Fla. Birth-Related Neurological Injury Comp. Ass'n
  757 So. 2d 624· Fla. 5th DCA· 2000-05-19 ·cited 37×·via Retroactivity Of Statutory Amendments
  This case addresses whether an administrative law judge has jurisdiction to determine whether a physician satisfied notice requirements under Florida's Birth-Related Injury Compensation Plan (NICA). The court held that the 1998 legislative amendments granted administrative law ju
• United States v. Monsanto Co.
  858 F.2d 160· 4th Cir.· 1988-09-07 ·cited 37×
  The court should have required the district court to allocate cleanup costs among defendants, rather than allowing a separate suit for contribution.
• Wittington Condo. Apts., Inc. v. Braemar Corp.
  313 So. 2d 463· Fla. 4th DCA· 1975-05-23 ·cited 37×
  The Fourth District Court of Appeal reversed a final judgment on the pleadings dismissing a condominium association's suit against a developer for alleged defective construction. The court held that the complaint stated viable claims for negligent construction and breach of contr
• The Williston Highlands Dev. Corp. v. R. D. Hogue and his wife
  277 So. 2d 260· Fla.· 1973-05-02 ·cited 37×
  The Florida Supreme Court affirmed the dismissal of a suit seeking to enforce Florida Statute § 704.05, which limits mining and drilling easements to twenty years, holding that the statute does not operate retroactively and therefore does not apply to pre-existing easements. The
• Bradley v. The Sch. Bd. OF the City OF Richmond
  472 F.2d 318· 4th Cir.· 1972-11-29 ·cited 37×
  The court held that Section 718 of the Emergency School Aid Act of 1972 applies to cases pending on its effective date, and that attorney fees should be awarded for services rendered up to the date a constitutionally compliant desegregation plan was approved.
• Turner v. United States
  410 F.2d 837· 5th Cir.· 1969-04-28 ·cited 37×
  The court held that the appellant had no vested right to the administrative procedure in effect when he appealed his classification, and the new statute, which removed the requirement for a Department of Justice hearing, was properly applied to his case.
• Lee v. State
  128 Fla. 319· Fla.· 1937-05-21 ·cited 37×·via Retrospective Operation Of Statutes
  This Florida Supreme Court case addresses whether a criminal defendant's right to sue out a writ of error is governed by the law in effect when the crime was committed or when judgment was entered. The court held that procedural rights of appeal are governed by the law in effect
• Am. Optical Corp. v. Spiewak
  73 So. 3d 120· Fla.· 2011-07-08 ·cited 36×
  The Florida Supreme Court held that the Asbestos and Silica Compensation Fairness Act of 2005 cannot be constitutionally applied retroactively to asbestos claimants who had accrued causes of action before the Act's effective date, as the Act destroys their vested property rights
• The Bionetics Corp. v. Kenniasty
  69 So. 3d 943· Fla.· 2011-02-10 ·cited 36×
  The Florida Supreme Court resolved a conflict between two District Courts of Appeal regarding whether the safe harbor provision of section 57.105(4), Florida Statutes—which requires a 21-day notice period before filing a sanctions motion—applies retroactively to claims filed befo
• Royal Mende Basel & Steven Kane as Co-Plenary Guardians of the person & Prop. of Mark Victor Basel v. McFARLAND & Sons, Inc.
  815 So. 2d 687· Fla. 5th DCA· 2002-04-05 ·cited 36×
  Royal Basel and Steven Kane, as guardians of Mark Basel who suffered severe permanent brain damage in a 1994 vehicle accident, appealed the trial court's application of the October 1, 1999 amendment to section 768.81 (limiting joint and several liability) to their pre-amendment c
• Browning v. Hanna
  120 F.3d 222· 11th Cir.· 1997-08-22 ·cited 36×
  David Hanna, an AT&T employee, filed an age discrimination claim under the ADEA after the Civil Rights Act of 1991 changed the statute of limitations from two or three years to 90 days from EEOC termination. The Eleventh Circuit held that the new 90-day limitations period applied
• United States v. Bennett
  943 F.2d 738· 7th Cir.· 1991-09-16 ·cited 36×
  Restitution for the entire scheme is permissible in a mail fraud conviction when the scheme is an element of the offense, and a defendant cannot retroactively seek to modify a sentence based on a change in statutory construction after the time for direct appeal has passed.
• Buenoano v. Dugger
  559 So. 2d 1116· Fla.· 1990-04-05 ·cited 36×
  Judy Buenoano, under a death sentence for murder, petitioned for habeas corpus relief and appealed the denial of her rule 3.850 motion for postconviction relief. The Florida Supreme Court rejected all twenty-one claims, including procedurally barred issues and ineffective assista
• United States v. Rewald
  835 F.2d 215· 9th Cir.· 1987-12-29 ·cited 36×
  The court held that the Sentencing Reform Act of 1984 does not apply to sentences imposed before its effective date, and therefore, a motion for limited remand to challenge such a sentence under the Act must be denied.
• Snyder v. Bruton Smith
  736 F.2d 409· 7th Cir.· 1984-06-07 ·cited 36×
  The court held that it had personal jurisdiction over the appellant and that the Federal Arbitration Act applied, but reversed the district court's order compelling arbitration in Illinois when the agreement specified Texas.
• The Wash. Star Co. v. Int'l Typographical Union Negotiated Pension Plan
  729 F.2d 1502· D.C. Cir.· 1984-03-27 ·cited 36×·via Retroactive Legislation
  The Multiemployer Pension Plan Amendments Act of 1980 (MPPAA) withdrawal liability provisions do not violate substantive or procedural due process or the right to a jury trial.
• Effie Sharon Brooks and Richard L. Brooks v. Walter A. Cerrato, M.D.
  355 So. 2d 119· Fla. 4th DCA· 1978-01-24 ·cited 36×
  A patient appealed a summary judgment dismissing her medical malpractice claim on statute of limitations grounds. The court held that the applicable two-year statute commenced when the plaintiff discovered or reasonably should have discovered her injury, and reversed summary judg
• Cooper Stevedoring OF La., Inc. v. Washington
  556 F.2d 268· 5th Cir.· 1977-07-20 ·cited 36×
  The court held that the 1972 amendments to the Longshoremen's and Harbor Workers' Compensation Act, specifically the provisions regarding the commencement of the limitation period for filing claims, are retroactive and apply to accidental injuries.
• Wilensky v. Fields
  267 So. 2d 1· Fla.· 1972-07-12 ·cited 36×
  The Florida Supreme Court held that a 1969 criminal usury statute (Chapter 69-135, Section 687.071) does not retroactively apply to usurious corporate loans made before its enactment, and does not impliedly repeal the 1965 statute (Section 687.11) limiting penalties for corporate
• Clement K. Heberle v. P. R. O. Liquidating Co.
  186 So. 2d 280· Fla. 1st DCA· 1966-05-10 ·cited 36×
  The court reviewed an interlocutory appeal concerning the retroactive application of Florida's Long Arm Statute (Section 47.16) to serve a foreign corporation, where the cause of action arose before the statute's enactment but the suit was filed after.
• Ferenc v. State
  563 So. 2d 707· Fla. 1st DCA· 1990-04-12 ·cited 35×
  John Michael Ferenc appeals the trial court's summary denial of his motion to correct, reduce, or modify his sentence on double jeopardy grounds. The court affirms, holding that double jeopardy arguments challenging multiple convictions from a single incident constitute challenge
• DeMARTINO v. Commissioner OF Internal Revenue
  862 F.2d 400· 2d Cir.· 1988-11-23 ·cited 35×·via Retroactive Tax Legislation
  The court affirmed the Tax Court's decision, holding that the crude oil futures straddle trades were sham transactions and their losses were not deductible. The court also upheld the imposition of a negligence penalty and the retroactive application of a higher interest rate for
• Lenson A. Hargrave v. Dugger
  832 F.2d 1528· 11th Cir.· 1987-11-13 ·cited 35×
  The court held that federal courts should proceed to the merits of a Lockett claim if Florida courts have indicated they will not apply procedural default rules to such claims.
• Brooks v. United States
  757 F.2d 734· 5th Cir.· 1985-04-19 ·cited 35×
  The court held that the district court's apportionment of fault was not clearly erroneous and that the pre-FCIA interest rate applied to the period during the first appeal. The court also held that the new T-bill interest rate under the FCIA did not apply to judgments entered bef
• Cone Bros. Contracting & Whiting Nat'l Servs. v. Gordon
  453 So. 2d 420· Fla. 1st DCA· 1984-06-19 ·cited 35×
  The Florida First District Court of Appeal affirmed a workers' compensation deputy's order awarding a permanently and totally disabled claimant a lump sum advance of all future benefits ($106,984.33) computed under the 1978 statute's 4% discount rate. The court rejected the emplo
• Welsh v. Mizell
  668 F.2d 328· 7th Cir.· 1982-01-12 ·cited 35×
  The court held that the retrospective application of Illinois' 1973 parole criteria, which shifted focus from individual deterrence to general deterrence and the seriousness of the offense, violated the Ex Post Facto Clause of the United States Constitution.
• Gabryl Mark Sullivan v. State
  Fla. 2d DCA· 2018-08-01 ·cited 34×
  The 2017 amendment to section 776.032, Florida's Stand Your Ground law, is procedural and therefore applies retroactively to pending cases, requiring reconsideration of a defendant's immunity claim.
• Fla. Farm Bureau Cas. Ins. Co. v. COX
  943 So. 2d 823· Fla. 1st DCA· 2006-10-26 ·cited 34×
  Florida Farm Bureau Casualty Insurance Co. appeals a judgment on the pleadings in favor of homeowners Eugene and Debra Cox for full policy limits ($65,000) under Florida's 2004 Valued Policy Law (VPL) following total loss of their home from Hurricane Ivan. The court affirms, hold
• Alfredco Lett v. State
  668 So. 2d 1094· Fla. 1st DCA· 1996-03-05 ·cited 34×·via Retrospective Application
  The court held that the decision in Coney v. State, which requires a defendant's presence at jury selection bench conferences, does not apply to "pipeline cases" (cases pending on direct review or not yet final when Coney was decided) because Coney was expressly given prospective
• Levy v. Levy
  483 So. 2d 455· Fla. 3d DCA· 1986-02-04 ·cited 34×
  In this divorce appeal, the ex-husband challenges a $50,000 attorney's fee award to his ex-wife's counsel for both pre- and post-judgment services. The court affirms, holding that the trial court retained jurisdiction to award post-judgment fees under the final judgment's broad r
• Penthouse N. Ass'n, Inc. v. Remo M. Lombardi
  461 So. 2d 1350· Fla.· 1984-12-06 ·cited 34×
  The Florida Supreme Court held that a condominium association's breach of fiduciary duty claim against its former officers and directors for executing a rent escalation lease was timely filed in 1980, thirteen years after the lease execution, because the cause of action did not a
• Brookfield Constr. Co., Inc. v. The United States
  661 F.2d 159· Ct. Cl.· 1981-09-23 ·cited 34×
  A contractor electing to proceed under the Contract Disputes Act on pre-Act claims cannot recover interest for periods prior to the Act's effective date.