DEPARTMENT OF HIGHWAY SAFETY v. JOHNSON

No. 5D06-2931.

980 So.2d 1118 (2008)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v. David A. JOHNSON, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 6, 2008.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Timothy D. Osterhaus, Deputy Solicitor General, Tallahassee, for Appellant.

Michael J. Snure and William R. Ponall, of Kirkconnell, Lindsey, Snure and Yates, P.A., Winter Park, for Appellee.


SAWAYA, J.

This appeal emanates from a declaratory judgment action instituted by David A. Johnson after the Department of Highway Safety and Motor Vehicles refused his request for licensure reinstatement. The trial court granted Johnson's motion for summary judgment and subsequently entered a final declaratory judgment in his favor, holding that the amended version of section 322.271(4), Florida Statutes (1997), is void ab initio and that the general reenactment of...

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