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STATE, DEPT. OF HIGHWAY SAFETY v. CHAMIZO

No. 3D99-1853.

753 So.2d 749 (2000)

STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Manuel CHAMIZO, Respondent.

District Court of Appeal of Florida, Third District.

March 22, 2000.

Attorney(s) appearing for the Case

Enoch J. Whitney, General Counsel, and Kathy A. Jimenez, Assistant General Counsel, Department of Highway Safety and Motor Vehicles, for petitioner.

Michael A. Catalano, Miami, for respondent.

Before COPE and SORONDO, JJ., and NESBITT, Senior Judge.

On Motion for Rehearing and Clarification

COPE, J.

On consideration of the defendant-respondent's motion for rehearing and clarification, we withdraw the ruling issued on January 19, 2000, and substitute the following opinion.

The Department of Highway Safety and Motor Vehicles petitions for a writ of certiorari seeking to quash a decision of the circuit court sitting in its appellate capacity. We grant the petition.

I.

Defendant...

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