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DEPARTMENT OF HIGHWAY SAFETY v. GASKINS

No. 2D04-1646.

891 So.2d 643 (2005)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v. Robert W. GASKINS, Appellee.

District Court of Appeal of Florida, Second District.

January 28, 2005.

Attorney(s) appearing for the Case

Enoch J. Whitney, General Counsel, and Kathy A. Jimenez, Assistant General Counsel, Tallahassee, for Appellant.

Jennifer J. Card and Scot E. Samis of Abbey, Adams, Byelick, Kiernan, Mueller & Lancaster, L.L.P., St. Petersburg, for Appellee.

SILBERMAN, Judge.

In this declaratory judgment action, the Department of Highway Safety and Motor Vehicles (the Department) appeals a final summary judgment which requires the Department to consider appellee Robert Gaskins' request to have his driving privilege reinstated. Because the current version of section 322.271(4), Florida Statutes (2004), is applicable and does not allow someone with Gaskins' record to apply for reinstatement, we reverse the final summary...

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