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STATE DEPT. OF HIGHWAY SAFETY AND MOTOR VEHICLES v. BEGLEY

Nos. 1D99-2538, 1D99-3249, 1D99-3546 and 1D99-3581.

776 So.2d 278 (2000)

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Joseph BEGLEY, Monty Clair Chapman, Jr., Johnny Mack Blizzard, and Leland Kinnear, Respondents.

District Court of Appeal of Florida, First District.

Rehearing Denied June 2, 2000.

Attorney(s) appearing for the Case

Enoch J. Whitney, General Counsel; Michael J. Alderman and Judson M. Chapman, Assistant General Counsels, Department of Highway Safety and Motor Vehicles, Tallahassee, for petitioner.

Becky Barlow and David M. Robbins of Epstein & Robbins, for respondent Joseph Begley; Donna K. Bianchi and David M. Robbins of Epstein & Robbins, Jacksonville, for respondents Monty Clair Chapman, Jr., Johnny Mack Blizzard, and Leland Kinnear.

WOLF, J.

The Department of Highway Safety and Motor Vehicles (DHSMV) seeks certiorari review in four cases where the circuit court entered stays of driver's license suspensions pending appellate review of the suspensions. We find that the circuit court's orders violate section 322.28(5), Florida Statutes (1999), and thus, the orders depart from the essential requirements of law. We, therefore, grant DHSMV's petitions for certiorari and quash the orders under review...

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