Jackson v. DEPARTMENT OF HIGHWAY SAFETY
This text of 848 So. 2d 1165 (Jackson v. DEPARTMENT OF HIGHWAY SAFETY) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Tony JACKSON, Petitioner,
v.
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Respondent.
District Court of Appeal of Florida, Second District.
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.
PER CURIAM.
The petition for writ of certiorari is granted. See Fla. Dep't of Highway Safety & Motor Vehicles v. Critchfield, 842 So.2d 782 (Fla. 2003); see also Allstate Ins. Co. v. Kaklamanos, 843 So.2d 885 (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.
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848 So. 2d 1165, 2003 WL 1936409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-department-of-highway-safety-fladistctapp-2003.