DEPARTMENT OF HIGHWAY SAFETY v. PERRY

No. 97-2423.

702 So.2d 294 (1997)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. David J. PERRY, Respondent.

District Court of Appeal of Florida, Fifth District.

December 12, 1997.


Attorney(s) appearing for the Case

Enoch J. Whitney, General Counsel, and Rafael A. Centurion, Assistant General Counsel, Department of Highway Safety and Motor Vehicles, for Petitioner.

Herbert H. Hall, Jr., Winter Garden, for Respondent.


W. SHARP, Judge.

The Department of Highway Safety and Motor Vehicles (Department) seeks certiorari review of an order of the circuit court, sitting in its appellate capacity, which granted certiorari below and quashed a final order of license suspension. We deny the writ, finding that the circuit court did not depart from the essential requirements of law, which would result in a miscarriage of justice.1

The issue in this case...

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