Substantive Vs. Procedural Rules

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

• Hughes v. State
  901 So. 2d 837· Fla.· 2005-04-28 ·cited 123×
  The Florida Supreme Court held that the Apprendi v. New Jersey rule—requiring jury determination of facts that increase a sentence beyond the statutory maximum—does not apply retroactively to convictions that became final before Apprendi was decided. The court applied the Witt re
• Gubiensio-Ortiz v. Al Kanahele
  857 F.2d 1245· 9th Cir.· 1988-08-23 ·cited 80×
  The court held that federal judges cannot constitutionally perform the rulemaking functions assigned to the Sentencing Commission under the Sentencing Reform Act of 1984, as these are substantive regulations, not procedural rules. The court also found that the good time credit pr
• Kessler v. Fed. Commc'ns Comm'n
  326 F.2d 673· D.C. Cir.· 1963-12-20 ·cited 62×
  The court held that the FCC's freeze on radio broadcast applications was a procedural rule change, not a substantive one, and therefore did not require the notice and public rulemaking procedures mandated by the Administrative Procedure Act.
• Knight v. Fla. Dep't of Corr.
  936 F.3d 1322· 11th Cir.· 2019-08-30 ·cited 46×
  The Eleventh Circuit held that the Supreme Court's decision in Hurst v. Florida does not apply retroactively to cases that became final before Hurst was decided, and therefore Knight cannot obtain federal habeas relief on that basis. The court also found that the Florida Supreme
• Am. Transfer & Storage Co. v. Interstate Commerce Comm'n & United States
  719 F.2d 1283· 5th Cir.· 1983-11-21 ·cited 26×
  The court held that the Interstate Commerce Commission had good cause to issue interim rules without full notice and comment due to the immediate effectiveness of the Motor Carrier Act of 1980 and the need to adapt procedures to new statutory requirements.
• State v. Golden
  350 So. 2d 344· Fla.· 1976-02-26 ·cited 24×
  The Florida Supreme Court reversed a circuit court decision that had declared certain juvenile detention statutes unconstitutional. The Court held that statutory provisions requiring faster detention hearings (24 hours) and adjudication (14 days) are constitutional exercises of l
• Amendments to Florida Probate Rules
  816 So. 2d 1095· Fla.· 2002-01-10 ·cited 23×
  Florida Supreme Court adopted amendments to Florida Probate Rules 5.025, 5.340, 5.360, and 5.365, rejecting an argument that certain amendments were substantive rather than procedural.
• Reynolds Metals Co. v. Rumsfeld
  564 F.2d 663· 4th Cir.· 1977-10-14 ·cited 20×
  The court held that the Memorandum of Understanding's provisions allowing agencies to exchange employer compliance information are valid, but reversed the lower court's invalidation of a paragraph allowing one agency to transmit complaints to another.
• Brown v. Cranston (Thompson
  132 F.2d 631· 2d Cir.· 1942-12-03 ·cited 19×
  The court held that a federal court, sitting in New York, cannot allow a defendant to implead a third-party defendant for contribution under Rule 14 of the Federal Rules of Civil Procedure if New York law does not permit such contribution.
• Provident Tradesmens Bank & Tr. Co. v. Lumbermens Mut. Cas. Co. & George M. Patterson
  365 F.2d 802· 3d Cir.· 1966-08-30 ·cited 18×
  The court held that the absence of an 'indispensable' party, Dutcher, was not a jurisdictional defect requiring dismissal, especially after trial, and that the jury's factual determination regarding permission should be preserved.
• United States v. Klubock
  832 F.2d 649· 1st Cir.· 1987-10-30 ·cited 17×
  A federal district court cannot adopt a local rule that significantly alters federal grand jury practice and procedure, as this exceeds its rulemaking authority and encroaches upon the Supreme Court's or Congress's power.
• Britt v. Cyril S. Arvanitis
  590 F.2d 57· 3d Cir.· 1978-11-24 ·cited 10×
  The court held that the amended complaint did not relate back to the original filing date because the defendant had no notice of the suit within the limitations period, and thus the action was barred by the statute of limitations.
• Avo B. Bethel & The Aetna Cas. & Sur. Co. v. Thornbrough
  311 F.2d 201· 10th Cir.· 1962-12-04 ·cited 10×
  The court held that the trial court did not err in instructing the jury on a city ordinance requiring drivers to signal stops, nor in allowing the plaintiff's physician to testify over objection.
• State v. Inman
  347 So. 2d 791· Fla. 3d DCA· 1977-06-28 ·cited 8×
  The State of Florida sought review of a circuit court order reversing a careless driving conviction, arguing that accident reports are admissible in traffic infraction proceedings. The court affirmed the reversal, holding that hearsay statements in an accident report without cros
• Myers v. United States
  446 F.2d 232· 9th Cir.· 1971-07-28 ·cited 8×
  A defendant sentenced under a statute with a maximum but no mandatory minimum sentence is not automatically entitled to credit for pre-sentence custody.
• In re Adams v. Adams
  734 F.2d 1094· 5th Cir.· 1984-06-25 ·cited 6×
  A local rule requiring a label matrix of creditors is a valid procedural rule, and failure to correctly list a creditor on this matrix, leading to lack of notice, renders the debt nondischargeable under section 17(a)(3) of the Bankruptcy Act.
• Dettle v. State
  395 So. 3d 1054· Fla.· 2024-10-24 ·cited 4×
  The Florida Supreme Court held that the procedural rule established in Lee v. State regarding how courts should determine whether multiple convictions violate double jeopardy (by examining only the charging document rather than the entire evidentiary record) does not apply retroa
• Condit Chem. & Grain Co., Inc. v. Helena Chem. Corp.
  789 F.2d 1101· 5th Cir.· 1986-05-08 ·cited 4×
  The court held that a state rule of civil procedure requiring agreements touching pending suits to be in writing is a rule of substance, not procedure, and thus applies in a federal diversity case.
• Gorzynski v. State
  255 So. 3d 990· Fla. 2d DCA· 2018-10-10 ·cited 3×
  Any error in admitting booking reports as hearsay evidence at sentencing was harmless where the same information was properly included in the presentence investigation report and the trial court's sentencing determination was clearly based on the defendant's unsuitability for sup
• In re Rules of Probate & Guardianship Procedure (public Guardianship)
  517 So. 2d 675· Fla.· 1987-12-23 ·cited 2×
  The Florida Supreme Court considered a petition from the Advisory Committee on Public Guardianship recommending amendments to the Rules of Probate and Guardianship Procedure to implement the newly enacted Public Guardianship Act. The Court adopted some proposed rule amendments wh
• Burman D. Caton and Dorothy Caton v. Hardamon
  496 F.2d 6· 7th Cir.· 1974-05-06 ·cited 2×
  The court held that allowing an impeaching exhibit to be sent to the jury room is within the trial judge's discretion and is a procedural matter governed by federal law, not state law.
• Moore v. United States
  M.D. Fla.· 2025-11-18
  The court held that the petitioner's motions to supplement his sentence vacation motion based on Erlinger were denied because Erlinger announced a non-retroactive procedural rule. The court also denied his underlying § 2255 claims as meritless.
• Integrity Plaza LLC v. Westchester Surplus Lines Ins. Co.
  M.D. Fla.· 2024-10-24
  The court held that the removal was timely, the amount in controversy was met, and a forum selection clause did not preclude removal, thus denying the motion to remand.