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DEPARTMENT OF HIGHWAY SAFETY v. FALCONE

No. 2D07-4679.

983 So.2d 755 (2008)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. William FALCONE, Respondent.

District Court of Appeal of Florida, Second District.

June 11, 2008.

Attorney(s) appearing for the Case

Judson Chapman, General Counsel, and Jason Helfant, Assistant General Counsel, Miami, for Petitioner.

Melissa A. Loesch and Roger D. Futerman of Law Offices of Roger Futerman & Associates, Clearwater, for Respondent.

Sharon S. Traxler, Assistant General Counsel, Tallahassee, for Amicus Curiae The Florida Department of Law Enforcement.

WHATLEY, Judge.

The Department of Highway Safety and Motor Vehicles (hereinafter the Department) filed this petition for writ of certiorari seeking review of an order of the circuit court sitting in its appellate capacity. The circuit court had granted William Falcone's petition for writ of certiorari, finding that the Department departed from the essential requirements of law in sustaining Falcone's driver license revocation. The circuit court reasoned that Falcone...

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