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ERNO v. COMMISSIONER OF MOTOR VEHICLES

No. 89-391.

587 A.2d 409 (1991)

David ERNO v. COMMISSIONER OF MOTOR VEHICLES.

Supreme Court of Vermont.

February 1, 1991.

Attorney(s) appearing for the Case

Steve Dunham, Public Defender, St. Albans, for plaintiff-appellant.

Jeffrey L. Amestoy, Atty. Gen., and Thomas A. McCormick, Asst. Atty. Gen., Montpelier, for defendant-appellee.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.

JOHNSON, Justice.

Plaintiff, David Erno, appeals the dismissal by the Franklin District Court of his appeal from a suspension of his driver's license by the Vermont Commissioner of Motor Vehicles (hereinafter Commissioner). We reverse and remand to the district court for a hearing on the merits of Erno's appeal.

In January 1987, Erno was convicted in Vermont of driving while under the influence (DUI). In February 1988, Erno was convicted of DUI in Florida...

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