California, United States of America
The following excerpt is from Albert B., In re, 215 Cal.App.3d 361, 263 Cal.Rptr. 694 (Cal. App. 1989):
[215 Cal.App.3d 387] The policy of the law is firmly against retroactive deprivation of the right of appeal. The legislative will to do so in any particular instance must be "clear." (Martin v. Municipal Court (1983) 148 Cal.App.3d 693, 696, 196 Cal.Rptr. 218.) That case, cited by T.M., 3 actually enforced the policy which disfavors retroactivity. As the court in Martin realized, cutting off the right of appeal by retrospective application of a statute
"obviously works great hardship and apparent injustice upon those who may have waived other remedies allowed by law for the correction of possible errors. Third, therefore, unless the act itself clearly indicates an intention that it shall have a retroactive or retrospective effect, the rule of statutory construction that such statutes are not to be construed as intended to apply retroactively so as to affect pending appeals is fully recognized and well established by the decisions of this state. Fourth, it is well settled that in order that such changes in the law as the termination of appellate jurisdiction may affect pending appeals the amending law must either expressly so declare or an implication that such was the intention of the lawmaking power must be definite and clear." (Jones v. Summers (1930) 105 Cal.App. 51, 54-55, 286 P. 1093, emphasis added.)
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