Retrospective Operation Of Statutes

24 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• City OF Lakeland v. Catinella
  129 So. 2d 133· Fla.· 1961-04-28 ·cited 113×
  Bituminous Casualty Corporation appeals a Florida Industrial Commission order requiring it to share liability with Hartford Accident & Indemnity Company for a claimant's medical and compensation benefits following a second work injury. The court affirms the commission's jurisdict
• United States v. Affleck
  765 F.2d 944· 10th Cir.· 1985-05-24 ·cited 64×
  The court's holding is not explicitly stated as the opinion is a dissent.
• Lee v. State
  128 Fla. 319· Fla.· 1937-05-21 ·cited 37×
  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
• Goodkind v. Wolkowsky
  151 Fla. 62· Fla.· 1942-07-10 ·cited 29×
  An attorney employed to represent taxpayers in a federal income tax dispute for a fixed $4,000 fee was wrongfully discharged without cause after six months of substantial performance. The Florida Supreme Court held that substantial performance of such a contract entitles the atto
• United States v. Pasquale Matassini
  565 F.2d 1297· 5th Cir.· 1978-01-10 ·cited 22×
  A full and complete state pardon granted prior to the enactment of the Omnibus Crime Control and Safe Streets Act of 1968 exempts recipients from criminal liability under 18 U.S.C. §§ 922(h) and 1202(a)(1), even if the pardon does not contain specific language authorizing firearm
• Hyman Yaffee v. Int'l Co., Inc.
  80 So. 2d 910· Fla.· 1955-06-01 ·cited 22×
  The Florida Supreme Court affirmed a declaratory decree that allowed a corporation to assert the defense of usury on a loan made prior to the repeal of a statute barring such defenses for corporations, finding the repeal statute could be applied retrospectively.
• Weeks v. Remington Arms Co., Inc.
  733 F.2d 1485· 11th Cir.· 1984-06-07 ·cited 16×
  The court held that the strict liability claim was time-barred by Georgia's ten-year statute of repose, but the negligence claims and discovery of similar accident files should have been allowed.
• Wallis v. The Grumman Corp.
  503 So. 2d 366· Fla. 3d DCA· 1987-02-24 ·cited 12×
• Melendez v. Dreis & Krump Mfg. Co.
  503 So. 2d 365· Fla. 3d DCA· 1987-02-17 ·cited 12×
• Brackenridge v. Ametek, Inc.
  503 So. 2d 363· Fla. 3d DCA· 1987-02-10 ·cited 12×
• McMILLIAN v. State
  746 So. 2d 1234· Fla. 1st DCA· 1999-12-29 ·cited 9×
  McMillian appeals a trial court's denial of his request to reconsider past child support owed, challenging whether a 1998 amendment to Florida's child support statute limiting retroactive support to 24 months should apply retroactively to his case. The court affirmed, holding tha
• Manuel v. EIG Cutlery, Inc.
  506 So. 2d 1100· Fla. 3d DCA· 1987-05-05 ·cited 7×
• Keyes v. Fulton Mfg. Corp.
  506 So. 2d 1099· Fla. 3d DCA· 1987-05-05 ·cited 6×
  The court held that the product liability action was barred by the statute of repose, section 95.031(2), Florida Statutes (1983). The court affirmed the summary final judgment.
• Progressive Express Ins. Co., Inc. v. Menendez
  979 So. 2d 324· Fla. 3d DCA· 2008-03-19 ·cited 5×
  Progressive Express Insurance Co. appeals from a summary judgment granted to Menendez in a dispute over personal injury protection (PIP) benefits. The court reverses, holding that the presuit demand letter requirement of Florida Statute § 627.736(11) applied to the plaintiffs' cl
• Diaz v. Curtiss-Wright Corp.
  519 So. 2d 610· Fla.· 1988-01-28 ·cited 5×
  The court approved the lower court's decision based on prior rulings in related cases.
• Creary v. In re the Est. of William Clifford Creary
  338 So. 2d 26· Fla. 1st DCA· 1976-07-19 ·cited 4×
  Widow Mabel Creary claimed an inchoate right of dower in her deceased husband William's remainder interest in his father's homestead, which William had conveyed without Mabel's joinder. The court held Mabel had a valid dower right that was not barred by statutory limitations and
• Shaw v. Gen. Motors Corp.
  518 So. 2d 900· Fla.· 1987-12-03 ·cited 2×
• Keyes v. Fulton Mfg. Corp.
  515 So. 2d 979· Fla.· 1987-12-03 ·cited 2×
• Allen v. A.M.F., Inc.
  515 So. 2d 982· Fla.· 1987-12-03 ·cited 2×
• Mazie M. Vito v. Vito
  272 F.2d 555· D.C. Cir.· 1959-11-25 ·cited 1×
  The court held that the husband could convey property without his wife's joinder, as the new statute did not retroactively affect rights accrued under the prior law.
• Rubin Rotstein v. Publix Supermarkets, Inc.
  933 So. 2d 1256· Fla. 1st DCA· 2006-07-24
  This case involves a dissent arguing that the value of a health insurance premium, as a fringe benefit, should be included in the average weekly wage calculation based on its value at the time of injury, not at the time of employment termination.
• Rodriguez v. Klaisler Mfg. Corp.
  520 So. 2d 28· Fla.· 1988-02-11
• 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(
• Metro. Dade Cnty. v. Leslie Enters., Inc.
  257 So. 2d 29· Fla.· 1972-01-05
  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