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DEPARTMENT OF HIGHWAY SAFETY v. ROSENTHAL

No. 2D04-1108.

908 So.2d 602 (2005)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Larry R. ROSENTHAL, Respondent.

District Court of Appeal of Florida, Second District.

August 19, 2005.

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, Lake Worth, for Petitioner.

No appearance for Respondent.

CANADY, Judge.

The Department of Highway Safety and Motor Vehicles seeks certiorari review of the circuit court's order granting a writ of certiorari and quashing the Department's order revoking Larry Rosenthal's driver's license. Because we conclude that the circuit court failed to apply the correct law, we grant the Department's certiorari petition and quash the circuit court's order.

Background

Acting pursuant to section 322.27(5), Florida...

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