Statutory Retroactivity

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

• Smiley v. State
  966 So. 2d 330· Fla.· 2007-06-07 ·cited 100×
  The Florida Supreme Court held that section 776.013 (the "Stand Your Ground" law), which eliminated the duty to retreat in self-defense cases, does not apply retroactively to cases pending before its October 1, 2005 effective date. The court determined that the statute constitute
• Fla. Ins. Guar. Ass'n, Inc. v. Devon Neighborhood Ass'n, Inc.
  67 So. 3d 187· Fla.· 2011-06-30 ·cited 84×
  FIGA sought review of the Fourth District's decision that a 2005 amendment to Florida's insurance code applied retroactively to a 2004 insurance policy, barring FIGA from compelling appraisal of hurricane damage claims. The Florida Supreme Court held that the Fourth District misa
• Love v. Ira S. Jacobson, M.D.
  390 So. 2d 782· Fla. 3d DCA· 1980-11-25 ·cited 25×
  The Loves sued for medical malpractice but voluntarily dismissed their action on the trial date. The hospital sought and obtained attorney's fees under a statute allowing such fees when no justiciable issue exists. The appellate court reversed because the statute was not retroact
• ST. John's Vill. I, Ltd. v. Dep't of State
  497 So. 2d 990· Fla. 5th DCA· 1986-11-20 ·cited 19×
  This case addresses whether a 1984 amendment to Florida's limited partnership statute imposing $500 annual fines for transacting business without authority has retroactive effect. The court held that the amendment applies prospectively only, not to years prior to its effective da
• Glaze v. Worley
  157 So. 3d 552· Fla. 1st DCA· 2015-03-03 ·cited 16×
  The court reversed a summary judgment in a slip-and-fall negligence case, holding that section 768.0710 (the pre-2010 statute) applies to the accident, and that evidence of water flowing from Chick-fil-A's employee-only service area creates a genuine issue of material fact regard
• Wilson v. Retail Credit Co.
  457 F.2d 1406· 5th Cir.· 1972-04-14 ·cited 12×
• Gen. Aviation, Inc. v. The Cessna Aircraft Co.
  915 F.2d 1038· 6th Cir.· 1990-10-03 ·cited 9×
  The court held that the "continuing relationship" clause did not override the explicit one-year term of the contract and that the parol evidence rule barred extrinsic evidence contradicting the written agreement. The court also found that aircraft are not motor vehicles under Mic
• Hyster Co. v. David
  612 So. 2d 678· Fla. 1st DCA· 1993-01-21 ·cited 8×
  Hyster Company appeals dismissal of its contribution action against Fred David, Jr., a corporate officer, arguing that a 1988 amendment to Florida's workers' compensation statute should not apply retroactively to bar its claim. The court affirms dismissal, holding that the cause
• Phoenix OF Hartford Ins. Co. v. Gale Rubin Kaplan
  220 So. 2d 365· Fla.· 1969-03-19 ·cited 8×
  The Florida Supreme Court denied a petition for writ of certiorari, finding it lacked jurisdiction. However, it awarded attorney's fees to the respondent, holding that the statute allowing such fees applied to appeals filed after its effective date, regardless of the insurance co
• Cisco Coop. Grain Co. & Prairie Cent. Ry. Co. v. Interstate Commerce Comm'n & United States
  717 F.2d 401· 7th Cir.· 1983-09-15 ·cited 6×
  The court held that the ICC's 90-day regulation frustrated congressional intent by reducing the guaranteed window for feeder applications.
• AVIS Rent-A-Car Sys., Inc. v. Smith
  548 So. 2d 1193· Fla. 4th DCA· 1989-09-27 ·cited 4×
  The Fourth District Court of Appeal reversed a trial court order requiring defendants to produce statements made by the plaintiff's treating chiropractor. The court held that statements obtained from a treating physician during trial preparation are protected by the attorney work
• Pagan v. Kaskel
  548 So. 2d 842· Fla. 3d DCA· 1989-09-12 ·cited 1×
• McGlynn v. Miami Diario LLC
  S.D. Fla.· 2023-06-29
  The court denied the motion for default judgment because the plaintiff failed to properly serve the defendant according to Florida statutes, which is a prerequisite for personal jurisdiction.
• Weaver v. Volusia Cnty.
  352 So. 3d 392· Fla. 5th DCA· 2022-10-21
  Section 112.1816, Florida Statutes (2019), is a substantive statute that applies prospectively and does not provide benefits to firefighters diagnosed with cancer before its July 1, 2019 effective date. The statute's creation of new rights for a limited class of firefighters and
• Price v. State
  Fla. 1st DCA· 2020-08-31
  The appellate court affirmed the trial court's decision, holding that a statutory amendment reducing punishment does not apply retroactively to offenses committed before the amendment if the sentence had already been imposed. The concurring opinion clarified that while the amendm
• U.S. Sec. Ins. Co. v. Prof'l Med. Grp., Inc.
  75 So. 3d 333· Fla. 3d DCA· 2011-11-02
  The Third District Court of Appeal declined to answer a certified question of great public importance regarding the retroactive application of a 2008 statutory amendment limiting no-fault insurance reimbursement and transferred the appeal to the Eleventh Judicial Circuit appellat
• Stattin v. Resolution Tr. Corp.
  883 F. Supp. 678· M.D. Fla.· 1995-04-28
  The court held that Florida's Depositor Preference Statute, Fla. Stat. § 658.84, applies to all distributions made after its enactment, regardless of when the financial institution entered receivership.