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DEPT. OF HWY. SAFETY & MOTOR VEH. v. FARR

No. 5D99-3571.

757 So.2d 550 (2000)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Brian FARR, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 19, 2000.

Attorney(s) appearing for the Case

Enoch J. Whitney, General Counsel, and Heather Rose Cramer, Assistant General Counsel, Department of Highway Safety and Motor Vehicles, West Palm Beach, for Petitioner.

Stuart I. Hyman of Stuart I. Hyman, P.A., Orlando, for Respondent.

W. SHARP, J.

The State of Florida Department of Highway Safety & Motor Vehicles (Department) seeks certiorari review of an order of the circuit court, sitting in its appellate capacity. The circuit court below granted a petition for writ of certiorari filed by Farr and overturned the Department's suspension of his driver's license. In so doing the circuit court relied on State v. Deines, No. 96-51 (Fla. 18th Cir.Ct. Sept. 29, 1999), which holds that the...

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