CLAUDE SIMMONS, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Koppel v. Ochoa, 243 So. 3d 886 (Fla. 2018)
  …ision should be applied prospectively and not retroactively. In support of this position, Petitioner relies on Florida Forest & Park Service v. Strickland , 154 Fla. 472, 18 So. 2d 251 (1944), International Studio Apartment Assn., Inc. v. Lockwood , 421 So. 2d 1119 (Fla. 4th DCA 1982), Green Tree Servicing, LLC v. McLeod , 15 So. 3d 682 (Fla. 2d DCA 2009), and Aronson v. Congregation Temple De Hirsch , 123 So. 2d 408 (Fla. 3d DCA 1960). However, none of these cases allows for a prospective application of our h…
• Bammac, Inc. v. Grady, 500 So. 2d 274 (Fla. 1st DCA 1986)
  …of the attorneys below, none have sought to claim material injury that would outweigh the harm to the claimants if our decision were to be applied at this late date retrospectively. See, International Studio Apartment Association, Inc. v. Lockwood, 421 So. 2d 1119 (Fla. 4th DCA 1982), cert. den., 464 U.S. 895, 104 S.Ct. 244, 78 L.Ed.2d 233 (1983) (general rule is that judicial decisions in civil litigation have retrospective as well as prospective application, subject to well established exception proscribing…
• Black v. Nesmith, 475 So. 2d 963 (Fla. 1st DCA 1985)
  …s retrospective as well as prospective in its operation unless declared by the opinion to have a prospective effect only. Department of Revenue v. Anderson, 389 So. 2d 1034 (Fla. 1st DCA 1980); International Studio Apartment Assn., Inc. v. Lockwood, 421 So. 2d 1119 (Fla. 4th DCA 1982). The Gammon decision makes no such decía- [*965] ration; in fact, the woman involved was permitted to return to the trial court for further proceedings as a result of the decision. Nesmith argues, however, that “where a statute…

Authorities Cited

• O'Brien v. Plikaitis, 354 So. 2d 1233 (Fla. 4th DCA 1978)
• Bohn v. State, 354 So. 2d 1233 (Fla. 3d DCA 1978)