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DEPARTMENT OF HIGHWAY SAFETY v. LUTTRELL

No. 5D07-2384.

983 So.2d 1215 (2008)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Peggy Allen LUTTRELL, Respondent.

District Court of Appeal of Florida, Fifth District.

June 20, 2008.

Attorney(s) appearing for the Case

Judson M. Chapman, General Counsel, and Heather Rose Cramer, Assistant General Counsel, Lake Worth, for Petitioner.

Flem K. Whited III, Daytona Beach, for Respondent.

EVANDER, J.

The Department of Highway Safety and Motor Vehicles ("DHSMV") petitions for writ of certiorari, alleging that the Circuit Court, acting in its appellate capacity, departed from the essential requirements of law when it granted Luttrell's petition for writ of certiorari below. We agree.

Following Luttrell's arrest for DUI,1 Luttrell requested a formal administrative review of her license suspension pursuant to section...

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