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Jackson v. Department of Highway Safety & Motor Vehicles

District Court of Appeal of Florida, Second District
Apr 25, 2003
848 So. 2d 1165 (Fla. Dist. Ct. App. 2003)

Summary

holding when a statutory amendment is declared unconstitutional, statutes as they existed before amendment become effective by operation of law

Summary of this case from State v. Fountain

Opinion

Case No. 2D02-5492.

Opinion filed April 25, 2003.

Petition for Writ of Certiorari to the Circuit Court for Hillsborough County; James M. Barton, II, Judge.

Donna P. Levine of Law Office of Donna P. Levine, West Palm Beach, for Petitioner.

Enoch J. Whitney, General Counsel, Tallahassee, and Heather Rose Cramer, Assistant General Counsel, Lake Worth, for Respondent.


The petition for writ of certiorari is granted. See Fla. Dep't of Highway Safety Motor Vehicles v. Critchfield, 28 Fla. L. Weekly S225 (Fla. Mar. 13, 2003); see also Allstate Ins. Co. v. Kaklamanos, 28 Fla. L. Weekly S287 (Fla. Apr. 3, 2003) (holding clearly established law can derive from recent controlling case law). On remand, the circuit court must determine whether the validly enacted laws in effect prior to the enactment of chapter 98-223, Laws of Florida, would provide Mr. Jackson relief from the administrative order of the Department of Highway Safety and Motor Vehicles. See Henderson v. Antonacci, 62 So.2d 5 (Fla. 1952) (holding that when amendment to statutes is declared unconstitutional, statutes as they existed before amendments become effective by operation of law).

Petition for writ of certiorari granted.

ALTENBERND, C.J., and NORTHCUTT and STRINGER, JJ., Concur.


Summaries of

Jackson v. Department of Highway Safety & Motor Vehicles

District Court of Appeal of Florida, Second District
Apr 25, 2003
848 So. 2d 1165 (Fla. Dist. Ct. App. 2003)

holding when a statutory amendment is declared unconstitutional, statutes as they existed before amendment become effective by operation of law

Summary of this case from State v. Fountain
Case details for

Jackson v. Department of Highway Safety & Motor Vehicles

Case Details

Full title:TONY JACKSON, Petitioner, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR…

Court:District Court of Appeal of Florida, Second District

Date published: Apr 25, 2003

Citations

848 So. 2d 1165 (Fla. Dist. Ct. App. 2003)

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