Statutory Repeal

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

• United States v. Smaldone
  485 F.2d 1333· 10th Cir.· 1973-10-12 ·cited 126×
  The court held that 18 U.S.C. § 1955 is constitutional and that the repeal of Colorado gambling statutes did not abate prosecutions for offenses committed prior to repeal. It also affirmed the denial of severance and change of venue motions.
• United States v. Cahalane
  560 F.2d 601· 3d Cir.· 1977-08-11 ·cited 41×
  The court held that sufficient evidence supported the conspiracy conviction, but the district court erred in granting acquittal on the substantive counts for illegal exportation. The court also dismissed the defendants' cross-appeals.
• v. ID No. 0408022175 Paul Edward Weber
  2014 WL 4167492· Del. Super. Ct.· 2022-06-08 ·cited 26×
  The Delaware Superior Court denied the defendant's motion for an evidentiary hearing, finding it unnecessary. The court also denied the defendant's motion for a reduction of sentence under Rule 35(a) and Rule 35(b). Under Rule 35(a), the court found that the defendant's double je
• United States v. Brown
  429 F.2d 566· 5th Cir.· 1970-07-24 ·cited 23×
  A conviction based on a repealed statute is valid if the offense occurred while the statute was in effect and the repealing act does not expressly provide otherwise.
• Mitchell v. Doggett
  1 Fla. 356· Fla.· 1847-01-01 ·cited 19×
  Mitchell v. Doggett is a seminal 19th-century Florida case examining the enforceability of promissory notes tainted by usury. The court held that a contract declared void by a usury statute cannot be resurrected by subsequent repeal of the statute, and that multiple notes designe
• Hurley v. State
  322 So. 2d 506· Fla.· 1975-10-15 ·cited 18×
  William Hurley appealed his traffic offense charges, arguing that prosecution by traffic ticket rather than information violated Florida law and that the authorizing statute was unconstitutional. The Florida Supreme Court affirmed, holding that the statute properly authorized pro
• City of New Smyrna v. Mathewson
  113 Fla. 861· Fla.· 1934-02-05 ·cited 14×
  The Florida Supreme Court reversed a circuit court's dismissal of the City of New Smyrna's foreclosure action on a paving lien, holding that Chapter 10947 (Acts of 1925) was not repealed by Chapter 10941 (Acts of 1925) and that property owners who failed to timely contest the ass
• Anant Kumar Tripati v. United States Parole Comm'n
  872 F.2d 328· 9th Cir.· 1989-04-12 ·cited 12×
  The court held that the Sentencing Reform Act's repeal of the statute allowing deviation from parole guidelines did not apply to individuals convicted before the repeal's effective date, and thus did not invalidate the Parole Commission's decision.
• Gov't of the Virgin Islands v. Civil
  591 F.2d 255· 3d Cir.· 1979-01-26 ·cited 12×
  The court held that a repealed statute requiring corroboration of accomplice testimony applies to crimes committed before its repeal, and that a coconspirator is an accomplice under that statute.
• Nader v. Saxbe
  497 F.2d 676· D.C. Cir.· 1974-04-04 ·cited 12×
  The court held that plaintiffs lacked standing to sue because the repeal of the Federal Corrupt Practices Act (FCPA) broke the logical nexus between their alleged injury (lack of campaign information) and the prospective relief sought (mandamus to compel prosecutions).
• Warren v. Pope
  64 So. 2d 564· Fla.· 1953-04-17 ·cited 12×
  The Florida Supreme Court affirmed that the state cannot recover expenses for the care and treatment of an institutionalized insane person from her estate absent statutory authorization through a bond arrangement. The court rejected arguments that statutory repeal was unconstitut
• F. H. McGRAW & Co., Inc. v. Milcor Steel Co.
  149 F.2d 301· 2d Cir.· 1945-02-28 ·cited 12×
  A creditor cannot reallocate payments previously applied to an existing debt to a subsequently arising debt, especially when a surety's liability is involved.
• Tooley v. State
  675 So. 2d 984· Fla. 5th DCA· 1996-05-31 ·cited 11×
  Brian Tooley appeals his convictions for attempted first-degree murder, armed kidnapping, attempted sexual battery, and conspiracy to commit first-degree murder. The appellate court affirmed his convictions but vacated the mandatory minimum sentence for conspiracy, finding it was
• Jacksonville Elec. Auth. v. Dep't OF Revenue
  486 So. 2d 1350· Fla. 1st DCA· 1986-03-31 ·cited 11×
  Jacksonville Electric Authority and Florida Power & Light Company appealed a Department of Revenue declaratory statement denying sales tax exemptions for certain machinery and equipment at a coal-fired power plant under section 212.08(5)(c). The court reversed, holding that pollu
• Sailboat Apt. Corp. v. Chase Manhattan Mortg. & Realty Tr.
  363 So. 2d 564· Fla. 3d DCA· 1978-08-15 ·cited 11×
  Sailboat Apartment Corporation challenged a floating-rate loan as usurious when prime-based interest rates spiked to over 15% annually. The court held that Florida's usury statute requires spreading only advances and forbearances over a loan's term, not variable interest charges,
• Dade Cnty. v. Rauzin
  81 So. 2d 508· Fla.· 1955-06-29 ·cited 10×
  Dade County sought to overturn a declaratory decree granting appellees a certificate of occupancy for a liquor license location. The Florida Supreme Court reversed, holding that declaratory decree proceedings require the plaintiff to allege facts showing genuine doubt about their
• State v. KEY W. Conch Harbor, Inc.
  683 So. 2d 144· Fla. 3d DCA· 1996-06-19 ·cited 8×
  The Florida appellate court affirmed the trial court's judgment confirming Key West Conch Harbor's fee simple title to submerged lands under the Butler Act of 1921, holding that dredging incidental to the construction of a dock and pier constitutes a permanent improvement suffici
• Indep. Ins. Agents OF Am., Inc. v. Clarke
  965 F.2d 1077· D.C. Cir.· 1992-05-22 ·cited 8×
  The court denied suggestions for rehearing en banc, with separate opinions from judges concurring and dissenting on the propriety and scope of the court's sua sponte consideration of a statutory repeal.
• ST. Joseph Hosp. OF Charlotte v. Dep't OF Health & Rehabilitative Servs.
  559 So. 2d 595· Fla. 1st DCA· 1989-12-19 ·cited 8×
  St. Joseph Hospital appealed HRS's denial of its petition for a formal administrative hearing and HRS's grant of a certificate of need (CON) for a cardiac catheterization laboratory to Fawcett Memorial Hospital. The court affirmed both orders, holding that St. Joseph lacked stand
• Poole v. Tallahassee Mem'l Hosp.
  520 So. 2d 627· Fla. 1st DCA· 1988-02-08 ·cited 6×
  Norma Poole, as personal representative of Stanley Poole's estate, appealed the denial of attorney's fees in a medical malpractice action against Tallahassee Memorial Hospital. The court reversed the trial court's denial of fees, holding that Section 768.56's savings clause prese
• United States v. Duvarney
  185 F.2d 612· 1st Cir.· 1950-12-12 ·cited 6×
  The court held that the government could not compel restitution for sales made after the Veterans' Emergency Housing Act was repealed, even if contracts were made prior to repeal, because no liability for restitution had been incurred before the repeal.
• Ivey v. Hunter
  126 Fla. 137· Fla.· 1936-11-12 ·cited 6×
  The Florida Supreme Court affirmed a lower court order in a tax certificate foreclosure case, rejecting the appellant's challenge based on the repeal of the governing statute. The court held that the certificate holder acquired valid rights under the original statute and that the
• State v. Robt. W. Davis
  122 Fla. 425· Fla.· 1936-01-25 ·cited 6×
  In this mandamus proceeding, the Florida Supreme Court addresses whether the Senate and House Secretaries must expunge from their journals entries regarding the enactment of Chapter 17085 (Senate Bill No. 4) and judicial appointments made on May 31, 1935. The Court holds that the
• Barbour v. Van Camp
  26 Fla. 40· Fla.· 1890-01-01 ·cited 6×
  This case concerns the enforcement of a mechanic's lien under a Florida statute. The appellate court affirmed the lower court's decision, finding no error in the proceedings, particularly regarding the sufficiency of notice and the repeal of a prior act.
• United States v. Jackson
  468 F.2d 1388· 8th Cir.· 1972-11-08 ·cited 5×
  The court held that the repeal of narcotics statutes did not abate prosecutions for violations that occurred before the repeal, even if indictment occurred after the repeal.
• Ivey v. Hunter
  126 Fla. 227· Fla.· 1936-11-18 ·cited 5×
  The Florida Supreme Court affirmed an order denying the defendant's motion to dismiss a bill of complaint to foreclose tax certificates. The court held that when a taxpayer acquires tax certificates under a valid statute, the Legislature cannot retroactively divest them of the ri
• Standard Distrib. Co. (of Pensacola v. Fla. Dep't OF Bus. Reg.
  473 So. 2d 216· Fla. 1st DCA· 1985-05-16 ·cited 4×
  A manufacturer or successor manufacturer seeking to withdraw brands from a distributor under Florida Statutes §§ 564.045(5) and 565.095(5) must affirmatively demonstrate good cause, and mere succession in an arm's length transaction is insufficient; an evidentiary hearing is requ
• Roley F. Barthelemy v. J. RAY McDERMOTT & Co., Inc.
  537 F.2d 168· 5th Cir.· 1976-08-18 ·cited 4×
  The court held that the 1972 amendments to the Longshoremen's and Harbor Workers' Compensation Act divested deputy commissioners of the authority to conduct hearings after the amendments' effective date, even for cases pending prior to that date.
• United States v. van Poyck
  464 F.2d 575· 5th Cir.· 1972-08-04 ·cited 4×
  The court held that the conviction was valid despite the statute's repeal, as the offense occurred prior to the repeal date. The evidence was sufficient to infer intent to defraud.
• Harrison v. McLeod
  141 Fla. 804· Fla.· 1940-02-20 ·cited 3×
  The Florida Supreme Court considered whether a petitioner, arrested for hunting on Sunday, should be discharged from custody. The petitioner argued the law under which he was arrested was repealed by a later game and fish act. The court held that the two laws addressed different
• Dep't OF Banking & Fin. v. Edwards
  695 So. 2d 939· Fla. 4th DCA· 1997-07-02 ·cited 2×
  The Department of Banking and Finance appeals the trial court's amended final judgment that awarded punitive damages entirely to plaintiff Edwards rather than splitting them 65-35 between Edwards and the state, as required by Florida Statute 768.73. The court reversed, holding th
• City OF Miami v. Harrison
  608 So. 2d 577· Fla. 1st DCA· 1992-11-24 ·cited 2×
• Winter Park Mem'l Hosp. Ass'n, Inc. v. Jemison
  514 So. 2d 1134· Fla. 5th DCA· 1987-11-05 ·cited 2×
• United States v. Smith
  433 F.2d 341· 4th Cir.· 1970-10-20 ·cited 2×
  The court held that the repeal of a statute does not bar prosecution for offenses committed before the repeal, if a saving statute provides for continuing liability.
• Cummins v. United States
  368 F.2d 819· 9th Cir.· 1966-11-14 ·cited 2×
  The court held that defects in an indictment must be raised on direct appeal and cannot be raised in a motion to vacate sentence under 28 U.S.C. § 2255, unless the indictment is so fatally defective as to deprive the court of jurisdiction.
• T.S. v. State
  808 So. 2d 1276· Fla. 4th DCA· 2002-03-06 ·cited 1×
  The court held that an appellant cannot raise the issue of a repealed statute for the first time on appeal if the error could have been cured in the trial court without prejudice.
• Coughlan v. United States
  225 F.2d 677· 9th Cir.· 1955-08-25 ·cited 1×
  The court held that a disbarment judgment remains valid and subject to appeal even after a statutory repeal date, due to the intent for an orderly transition and general savings provisions.
• Affordable Hous. Grp., Inc. v. Fla. Hous. Affordability, Inc.
  11th Cir.· 2025-11-17
  The court held that the repeal of 12 U.S.C. § 1441a did not terminate Florida Housing's contractual obligations under the affordable housing agreement, as the agreement itself provided for its enforceability by the RTC or its successor agency.
• Pohl v. MH Sub I, LLC
  19 La. 584· N.D. Fla.· 2018-06-20
• In re STANDARD JURY INSTRUCTIONS IN CRIM. CASES-REPORT 2017-02
  229 So. 3d 295· Fla.· 2017-10-26
  The Florida Supreme Court authorized amended standard jury instructions for seven prostitution-related criminal offenses (instructions 23.1-23.7). The amendments update the instructions to reflect repealed statutes, clarify definitions based on recent case law, add new elements,
• S.C. v. Dep't of Child. & Families
  816 So. 2d 816· Fla. 5th DCA· 2002-05-17
• T.L.B. v. State
  626 So. 2d 1120· Fla. 5th DCA· 1993-12-03
• Strausser v. State
  592 So. 2d 375· Fla. 3d DCA· 1992-01-28
  Kenneth Strausser appealed the trial court's denial of his motion to correct an illegal sentence following his guilty plea to second-degree murder and armed robbery. Strausser argued that he did not knowingly waive his right to appeal the upward departure sentence and that the la
• Houston v. State
  546 So. 2d 802· Fla. 4th DCA· 1989-08-02
• United Merchs. & Mfrs., Inc. v. Aiken Cnty. Pub. Serv. Auth.
  766 F.2d 151· 4th Cir.· 1985-07-01
  The court held that a cost recovery provision in a public works contract, mandated by a federal statute, became unenforceable after the repeal of that federal requirement, even if the contract was formed before the repeal.
• In re the Apprehension of David Lawaetz
  728 F.2d 225· 3d Cir.· 1984-03-02
  The court held that the new mental health act repealed the old act, and the commitment proceedings under the old act, as applied with additional safeguards by the district court, satisfied due process requirements.
• Blanchard v. City OF Pensacola
  433 So. 2d 610· Fla. 1st DCA· 1983-06-17
  The court affirmed dismissal of a former police officer's action seeking reexamination of his 1962 discharge, holding that his right to such review under a 1976 special statute was extinguished when the statute was repealed in 1978 before he pursued an effective judicial remedy.
• 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.
• Int'l Beauty Corp. v. David
  278 So. 2d 650· Fla. 4th DCA· 1973-06-06
  International Beauty Corporation's complaint was dismissed by the trial court for failure to pay capital stock taxes under Florida Statute § 608.35. The appellate court reversed, holding that the statute authorizing dismissal had been repealed before the dismissal order was enter
• Gewant v. Fla. Real Est. Comm'n & Joseph Condermann
  166 So. 2d 230· Fla. 3d DCA· 1964-07-14
  The Florida Real Estate Commission suspended Gewant's broker registration for publishing real estate promotional material without filing required copies with the Commission. The appellate court held that the repeal of the statute imposing this filing requirement, without a saving