5D06-2931 Dept. of Hwy. v. Johnson

State: Florida

Court: Florida Fifth District Court

Docket No: 5D06-2931

Case Date: 03/03/2008

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2008

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v. DAVID A. JOHNSON, Appellee. ________________________________/ Opinion filed March 7, 2008 Appeal from the Circuit Court for Orange County, Reginald K. Whitehead, Judge. 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. Case No. 5D06-2931

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 the Florida Statutes by chapter 03-25, Laws of Florida, did not cure the single subject defect in chapter 98-223. In so holding, the trial court declared as a matter of law: "(1) the version of Fla. Stat.

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